determination of quorum

STATE OF TEXAS

COUNTY OF MITCHELL

CITY OF COLORADO CITY

The City Council of the City of Colorado City, Texas met m a Regular Session at the ColoradoCity Civic Center, 157 E. 2nd Street, Colorado City, Texas on Tuesday, July 13, 2021, at 6:00 p. m.with the following members present:

I. CALL MEETING TO ORDER Mayor Robert Oliver called themeeting to order at 6:00 p.m.

II. ROLL CALL OF THE MEMBERS OF THE CITY COUNCIL ANDDETERMINATION OF QUORUM.

ROBERT OLIVERTRAVIS LYNCHHALL DICKARDSAMMY CONTRERAS, JR.RUBEN HURT

MayorMayor Pro TernCouncil MemberCouncil MemberCouncil Member

Council Member Marcelo Alvarez, Jr. was unable to attend the meeting.

Same and constitutmg a quorum, and

DAVID HOOVERDONNA MADRIDEILEEN HAYMAN

City ManagerCity SecretaryCity Attorney

III. PLEDGE TO THE FLAG

IV. INVOCATION Council Member Sammy Contreras,Jr. voiced the invocation.

K RECOGNITION OF VISITORS, CITIZEN OF THE MONTH AND/ORPRESENTATION OF PROCLAMATION, SERVICE AWARD,CONGRATULATIONS, CONDOLENCES, HOLIDAY SCHEDULES, ANDCITY/MUNICIPAL EVENTS-MAYOR.

COUNCIL MEETING 7-13-21

Mayor Robert Oliver formally recognized the following for their events that were held inthe City of Colorado City, Texas:

. Recognition of the Juneteenth Celebration event held on June 19, 2021 inRuddick Park.

. Recognition of the Coming to the Table event held on June 19, 2021 in RuddickPark.

Visitors present were:

Shelia PlagensAndrew Rholdon

Misty ReesCraig ReesRayanna McGahaCharles RiceArmando Renteria

Celia RodriguezJason HavensSamantha OldsTy WoodNiki WatlingtonRaymond WhitenerLupe ContrerasMarcus Contreras

Jeremy Rivera

Colorado RecordKVMC-Kaum RadioFinance AssistantCode Enforcement OfficerCivic Center Director/PermitsPolice ChiefPolice SergeantPolice SergeantCitizenCitizenCitizenCitizenCitizenCitizenCitizenCitizen

VI. COMMENTS FROM THE GENERAL PUBLIC - COUNCIL MEMBERS WILL NOTDELIBERATE ANY COMMENTS WHICH ARE MADE BY THE GENERALPUBLIC.

. MARCUS CONTRERAS TO DISCUSS UNANSWERED QUESTIONSFROM MEETING WITH MY COUNCILMAN AND THE MAYOR.

Ty Wood - Thanked the Council, Council Member Contreras, and Jesse Munoz forall the work done on the Good Year Building. Mr. Wood said this has drasticallychanged the downtown area.

Marcus Contreras - spoke to the City Council about some issues that were ofconcern to his family and himself. Mr. Conb-eras spoke about how the CityCouncil, Mayor and City Management disrespected his father who was a formerCity Council Member/Mayor Pro Tern. Mr. Contreras said the City honoredsomeone who served on the City Council for oriy nine months who did nothing forhis district. This is something that has not been done for former City CouncilMembers who have served on the Council and have been productive in their


positions. Mr. Contreras said he spoke to the City Manager who said he gotthe highway named after Jim Baum when he passed. Mr. Contreras said the CityManager did not have anything to do with that and the highway does not even mninto the town. The City Council has not brought any business and recreation forkids and that is what makes a town to grow. The City Council refuses to stand upto City Management. Mr. Contreras expressed his concerns for hiring a former CityCouncil Member to work on special projects and then appoint him to serve onseveral boards. Mr. Contreras said the City Management has no accountability.Mr. Contreras questioned the legalities of hiring former City Council Members.Mr. Contreras stated he believed the City Management and the City Council shouldfollow the City Code of Ordinance. Mr. Contreras expressed his concerns for thesafety of the public and the lack of Police eiiforcement. Mr. Contreras praised theemployees who work in the City Cemetery for their work ethics and that they wereable to bring water to a location behind where his dad is resting within 1 IA days.Mr. Contreras said these guys can do the work the City Manager just does not havethe faith in them. Mr. Contreras said he came back to Colorado City for his parents.Mr. Contreras state hanging up on people is a common occurrence for cityemployees. Mr. Contreras said he had been himg up on by Police Dispatcher andhe has heard of water customers being himg up on. Mr. Contreras spoke about howCruise Night was heavily enforced by the City Police Department. Mr. Conti-erassaid the town needed to be heavily enforced against dmg activity. Mr. Contrerasexpressed his concerns with appointments to be made to Airport Board andColorado City EDC Board. Mr. Conti-eras stated the City Manager will go recruitmembers of this Council to vote his way every tune. This could only be becausethe Council does not get paid enough or the City Manager is top of the food chain.Mr. Contreras stated his dad could be seen cleaning lots oflten to better the townand the love of the community. Mr. Conti-eras stated if the City Management wantsto retaliate, then direct the retaliation to him and not his family. Mr. Conb-eras saidif the Council Member who are serving on the Council is not doing it because theylove of the town, then they shoiild consider resigning.

VIL DISCUSSION AND POSSIBLE ACTION BY MOTION TO APPROVE THEFOLLOWING ITEMS AND/OR REPORTS- CONSENT ITEMS:

APPROVAL OF THE MINUTES OF THE PREVIOUSCONDUCTED ON 6/8/2021 COUNCIL MEETINGS.TO APPROVE FUND TOTAL REPORTS.TO APPROVE 5-YEAR BANK BALANCE REPORT.TO APPROVE THE MANUAL CHECKS.TO APPROVE THE AUTOMATED CHECKS.TO APPROVE THE PROPERTY TAX REPORT.HOTEL/MOTEL TAX FUND REPORT.

MEETING


Council Member Sammy Contreras questioned several manual checks:

1. Robert K. Parker for distribution.2. Heart of West Texas Museum for distribution.

Finance Assistant Misty Rees advised the Council the checks were paid fromHotel/Motel Tax Fund.

MOTION: Council Member Travis Lynch moved to approve the Consent Items for the July13, 2021 Council Meeting. Council Member Hall Dickard seconded the motion.The motion carried with all CouncU Members in favor.

VIIL PRESENTATION AND APPROVAL BY MOTION OF THE MONTHLY COMBINEDREVENUES AND EXPENDITURES REPORT FOR THE MONTH OF JUNE, 2021.

City Manager David Hoover presented the monthly Combined Revenues and Expenditures Reportto the City Council with the following: 2nd Month of the 12 Month Budget Year- 16.67% of the12 Month Budget Year May 1, 2021 - April 30, 2022.

GENERAL FUND

Total RevenuesPrevious Year

Total ExpendituresPrevious Year

SURPLUS/DEFICITPrevious Year

WATER & SEWER

Total RevenuesPrevious Year

Total ExpendituresPrevious Year

SURPLUS/DEFICITPrevious Year

BUDGET 21-22

$4,079, 626. 50

$4,079,626.50

BUDGET 21-22

$3,034, 300. 00

$3, 034, 300.00

GENERAL & WATER/SEWERPrevious Year

CURRENT MONTH

$ 233, 801.09$ 259,909.21

$ -558, 940.28$ -270, 205.27

$-325, 139. 19$ -10,296. 06

CURRENT MONTH

$ 227, 127.93$ 273, 744. 75

$ -203, 043. 06$ -233, 868. 26

$ 24,084. 87$ 39, 876.49

$-301, 054. 32$ 29, 580.43

YEAR TO DATE

$$

$$

$$

661,338.76493, 789. 39

-804,506.02-505,465. 34

-143, 167.26-11,675. 95

YEAR TO DATE

$$

$$

$$

$$

482, 820.25556, 109. 50

-421, 855.49-413, 082. 31

60,964. 76143,027. 19

-82,202.50131,351.24

%

16.21%

19. 72%

%

15. 91%

13.90%


VOUCHER TOTALS JUNE 30 2021

General FundWater & SewerGRAND TOTAL

$ 36,008. 12$ 55 504. 60$ 91,512.72

BANK BALANCE

June, 2021-2022June, 2020-2021

$ 1, 871,200.76$1,670,211. 39

MOTION: Council Member Sammy Conti-eras, Jr. moved to accept the Combined Revenueand Expenditure Report. Council Member Ruben Hurt seconded the motion. Themotion carried with all Council Members in favor.

/X PRESENTATION AND APPROVAL BY MOTION OF THE LANDFILLCERTIFICATE OF DEPOSIT QUARTERLY REPORT AND CORRECTED COPY OFLANDFILL QUARTERLY REPORT FOR 1ST QUARTER.

LANDFILL TRUST ACCOUNTQUARTERLY REPORT

AprU 1, 2021 thru June 30, 20211st Quarter

Beginnmg Balance as of January 1, 2021Landfill Certificate of DepositDeposit from General FundAccrued InterestTotalNext interest payment 07/27/2021

Beginning Balance as of January 1, 2021Convention Cti-. CD

Deposit from HoteVMotelAccmed InterestTotalNext interest payment 04/21/2021

$ 164,764.48$

$ 2,076. 48$ 166,840.96

$ 153,374.30$

$ 947.40$ 154,321. 70

1MOTION: Council Member Ruben Hurt moved to approve the Landfill Tmst AccountQuarterly Report for 1st Quarter. Council Member Hall Dickard seconded themotion. The motion carried with all Council Members in favor.


X. THE CITY COUNCIL MAY DISCUSS AND OR TAKE ACTIONS ON THEFOLLOWING AGENDA ITEMS:

No. 1. DELIBERATE AND ACT ONAPPROVING ORDINANCE 2021-17-ANORDINANCE OF THE CITY OF COLORADO CITY, TEXAS REPEALING ANDREPLACBVG ORDINANCE NO. 2005-14; REVKWG ARTICLE 1.02, CFTYCOUNCIL, OF THE CODE OF ORDEVANCES OF THE CITY OF COLORADOCITY, TEXAS BY AMENDWG SECTION 1.02.031, REGULAR MEETINGS OFTHE CITY COUNCIL TO CHANGE THE DATE OF REGULAR COUNCILMEETINGS; PROVTOING A REPEALER CLAUSE; AND PROVffiING ANEFFECTIVE DATE.

Mayor Robert Oliver advised the Council that this Ordinance would changethe date of the regular Council Meetings to allow time for the City Staff toprovide financials in a timely manner.

MOTION: Council Member Ruben Hurt moved to approve Ordinance 2021- 17. CouncilMember Travis Lynch seconded the motion. The motion carried with all CouncilMembers in favor.

Pos onedA endaltem:

No. 2. DELIBERATE AND ACT ON APPROVING ORDINANCE2021 - AN ORDWANCE OF THE CITV OF COLORADO CITY,TEXAS REVISWG CHAPTER 12, TRAFFIC & VEHICLES, OF THECODE OF ORDINANCES OF THE CITY OF COLORADO CITY, TEXASBY ADDING ARTICLE 12.07, PARADES, TO REQUIRE A PERMIT FORPARADES AND OTHER GATHERINGS ON CITY STREETS;PROVTOING A PENALTY; PROVIDmG A REPEALER CLAUSE; ANDPROVIDING AN EFFECTIVE DATE.

Council Member Ruben Hurt questioned how this ordinance would affectevents like the Christinas parade, the Run for the Wall, the HomecomingParade, and public gathering.

Mayor Robert Oliver stated the purpose of the ordinance was to helporganize events and establish liability. This ordinance could provide a safeand organized event for the citizens.

Council Member Sammy Conti-eras, Jr. questioned the need for a paradepermit because all parades have Police, Fu'e and Ambulances involved.

Police Chief Charles Rice said he would like to see all events be organizedbefore they happen. The Police Department needs to be involved with theplanmng process for safety reasons. Parades require street closure which isorganized the by Police Department. Mr. Rice said he is not in favor of


requiring a fee for a permit to have a parade. Mr. Rice explained to theCouncil that what happens during the Cruise Night held by the CC RiderClub. Mr. Rice said three persons were ticketed for very bad conduct, onevehicle was going sideways toward a crowd and none of the ticketedpersons were from Colorado City.

Police OfEicer Annando Renteria spoke to the Coimcil in favor of a paradepermit to allow the Police Department time to plan and organize events withparticipants so that the event can be successful and safe for the community.

Council Member Ruben Hurt made the suggestion to reword the ordinanceSection 12. 07. 01 Definition to expand the definition of gatherings and toamend Section 12.07. 02 (d) Pennit Required by removing the requirementfor a fee.

MOTION: Council Member Ruben Hurt moved to postpone Agenda Item #2. CouncilMember Sammy Contreras, Jr. seconded the motion. The motion carried with allCouncil Members in favor.

Pos onedA endaltem:

No. 3. DELIBERATE AND ACT ON APPROVING ORDINANCE 2021 - ANORDINANCE OP THE CITy OF COLORADO CITY, TEXAS REPEALINGAND REPLACING ORDINANCE NO. 2019-17; ADOPTING A REVISEDPERSONNEL POLICIES AND PROCEDURES MANUAL; AND PROVIDINGFOR AN EFFECTFVE DATE.

City Manager David Hoover informed the Council that the Personnel Policywas written by TML Attorneys. Mr. Hoover said he felt the Attorneys knewwhat they were doing when they wrote the policy. Mr. Hoover asked theCouncil to consider leaving the Personnel Policy alone.

MOTION: Council Member Saminy Conti-eras, Jr. moved to leave the Personnel Policy aswritten. Council Member Ruben Hurt seconded the motion. The motion carriedwith all Council Members in favor.

No. 4. DELIBERATE AND ACT ON APPROVING ORDINANCE 2021-18-AN ORDINANCE OF THE CITY OF COLOSADO CITY, TEXAS REPEALINGAND REPLACING ORDINANCE NO. 2021-11; AMENDING CHAPTER 1,GENERAL PROVISIONS, ARTICLE 1.04, BOARDS, COMMISSIONS, ANDCOMMITTEES, TO ADD DIVISION 4, AIRPORT ADVISORY BOARD TO CREATETHE COLORADO CITY AIRPORT ADVISORY BOARD; PROVIDING FORREPEALING AND SEVERABILiry CLAUSES; AND PROVIDING AN EFFECTIVEDATE.


MOTION:

Mayor Robert Oliver infonned the Council that the City has had a largeinterest in persons wishing to serve on the Airport Advisory Board. Mr.Oliver asked for Council consideration to amend Ordinance 2021-11 and

the City Code Book by amending Section 1. 04.091 Membership; Officersto increase the number of members to serve on this board from five-memberboard to a seven-member board.

Council Member Travis Lynch moved to approve Ordinance 2021-18. CouncilMember Sammy Contreras, Jr. seconded the motion. The motion carried with allCouncil Members in favor.

No. 5. DELIBERA TE AND ACT ON APPROVING ORDINANCE 2021-19 -AN ORDINANCE AMENDING APPROVING AND ADOPTING AN AMENDEDBUDGET FOR THE CITY OF COLORADO CITY FOR THE FISCALYEARBEGINNING MAY 1ST, 2021 AND ENDING APRIL 30T, 2022.

City Manager David Hoover said he would like to amend the Budget forfiscal year 21/22 to mcrease the Airport #524 Capital Improve Line Item524-5910 to $25, 000. 00 amend Contingency #520 decreasing Contmgency520-5980 from $240, 321. 50 to $215, 321. 50. This would allow the City andthe Airport Advisory Board to do some Capital Improvement at the Airport.Mr. Hoover said the Beacon needs to be replaced among several otherthings.

MOTION: Council Member Ruben Hurt moved to approve Ordinance 2021-19. CouncilMember Sammy Contreras, Jr. seconded the motion. The motion carried with allCouncil Members in favor.

No. 6. PRESENTATION FROM POLICE CHIEF REGARDING NEWPOLICE SERGEANT, POLICE OFFICERS, AND EQUIPMENT.

Police Chief Charles Rice advised the Council that the new Police Vests

have been delayed in delivery. Mr. Rice mtroduced the newly promotedPolice Sergeant Celia Rodriguez to the City Council. Mr. Rice introducedSergeant Armando Renteria a new hire from the City of Sweetwater to theCity Council. Mr. Rice said he is fully staffed and better equipped to servethe City of Colorado City. Mr. Rice said his staff is working harder thanthey ever have. Mr. Rice informed the Council that he would be present atthe next Council Meeting to request funds to purchase needed equipment.

Mayor Robert Oliver congratulated the Police Officers. Mr. Oliver alsothanked the Police Department for their service to the City.


No. 7. DELIBERATE AND ACT ON APPOINTING A COUNCIL MEMBERTO SERVE IN COUNCIL MEMBER DISTRICT 6.

City Manager David Hoover mfomied the Council that City has notreceived any applicants for this position.

No. 8. DELIBERATE AND ACT ON APPROVING AN AIRPORT LEASEFOR BUFOKD COPTER COMPANY SPACE 8.

City Secretary Donna Madrid informed the Council that Matlock's formerowner of the hangar in Space 8 at the City Airport was sold to Buford CopterCompany. Mrs. Madrid ask for Council consideration to approve theAirport Lease for Buford Copter Company for the Airport Hangar Space 8.

MOTION: Council Member Ruben Hurt moved to approve Airport Lease for Buford CopterCompany for Airport Hangar Space 8. Coimcil Member Hall Dickard seconded themotion. The motion carried with all Council Members in favor.

No. 9. DELIBERATE AND ACT ON APPROVING THE PRELIMINARYBUDGET AND BILLING FOR 2022 FOR THEMITCHELL COUNTYAPPRAISAL DISTRICT.

MOTION: Council Member Ruben Hurt moved to approve the preliminary budget and billingfor 2022 for the Mitchell County Appraisal District. Council Member Travis Lynchseconded the motion. The motion carried with all Council Members in favor.

No. 10. DELIBERATE AND ACT ON A LOCAL DISASTER DECLASATIONFOR HUMAN/DRUG TRAFFICKING.

Mayor Robert Oliver informed the Council that Governor Abbott has askedfor support from Texas City to adopt a local Disaster Declaration forHuman/Drug TrafRcking. Mr. Oliver asked for Council support.

MOTION: Council Member Sammy Contreras, Jr. moved to approve the local DisasterDeclaration for Human/Dmg Trafficking. Council Member Hall Dickard secondedthe motion. The motion carried with all Council Members in favor.

No. 11. DELIVERATE AND ACT ON ACCEPTING THERECOMMENDATIONS OF THE COLORADO CITT ECOMICDEVELOPMENT BOARD.


Mayor Robert Oliver advised the Council that the Colorado City EconomicDevelopment Board held a meeting on July 6, 2021 and during that meetingthe Colorado City EDC Board Members voted to amend Section - IVOfficers of the Bylaws. Mr. Oliver asked the City Attorney if this requestwould be valid at this tune?

City Attorney Eileen Hayman mformed the Council the City has had someprocedural irregularities with the meeting. Mrs. Hayman said the ColoradoCity Economic Development Board Members would need to ratify thatagenda item at another meeting and then Council can take action to amendthe Bylaws for the Colorado City Economic Development Board.

City Manager David Hoover explained that it was determined that theColorado City Economic Development Board failed to appoint Officers atthe annual May Meeting. Mr. Hoover said that there have been somequestions on how to move forward with appointing Officers now that it isJuly.

City Attorney Eileen Hayman stated the Colorado City EDC BoardMembers need to hold another meeting to take action on amending theBylaws and the next agenda item could be to appoint Officers. Mrs.Hayman said at the Council Meeting in August, Council could then consideramending the Bylaws and Council could consider accepting therecommendations from the Colorado City EDC Board Member forappointment ofOfRcers.

No. 12. DELIBERATE AND ACT ON PROPOSED ITEMS FORDISCUSSION AND POSSIBLE ACTION ON THE AUGUST, 2021AGENDA - CITY MANAGER. (The discussion is by the entire Council,for the sole purpose of determining if there is sufficient support or meritfor placing an Agenda item on a later monthly Agenda. No actuals eci ics or d namics o the actual item ma be debated/discussed at thistime.}

. City Manager David Hoover - Parade Ordinance.

. Council Member Sammy Contreras, Jr. - Adopt a rental certificateto set a standard for rental property.

. Mayor Robert Oliver - Presentation from Code Eiiforcement.

. Council Member Ruben Hurt - Update on Generators for WellField.

COUNCIL MEETING 7-13-21 10

No. 13. DISCUSSION AND POSSIBLE ACTION ON REQUIREMENTS FORA CITY MANAGER POSITION AND ESTABLISHING THEPROCESS FOR HIRING A CITYMANA GER.

City Manager David Hoover provided the Council with samples onrequirements for the City Manager Position. Mr. Hoover said the City canbegin advertising the position on the Texas Municipal League Website andin the Colorado Record.

MOTION: Council Member Travis Lynch moved to begin advertising for the CityManager position. Council Member Sammy Contreras, Jr. seconded themotion. The motion carried with all Council Members in favor.

No. 14. PRESENTATION CITY MANAGER'S REPORT-CITY MANAGER.(NO DELIBERATION OR ACTION REQUIRED)

. DISCUSS PARK IMPROVEMENTS TO INCLUDE STREETREPAIRS FOR RUDDICKPARK.

. UPDATE ONHEADWORKS FOR WASTEWATERTREA TMENT PLANT.

City Manager David Hoover advised the Council that he was workingon drawings to begin working on the low water crossing located in RuddickPark. Mr. Hoover said he still needed one piece of equipment before theCity begins working on the bad roads. Mr. Hoover said he needed topurchase a trailer used to spray the primer under the asphalt. Mr. Hooversaid he would love to begin working on the streets in and around RuddickPark. Mr. Hoover advised that Jacob and Martin have provided an updateon the Headworks for the Wastewater Treatment Plant through the TexasWater Development Board. Mr. Hoover provided an update on theconstruction of the new restroom facility for Ruddick Park. Mr. Hooversaid J. D. Plumbing is doing the work on the facility. Mr. Hoover said thePark improvements should be complete and ready to go for next year.

Mayor Robert Oliver thanked everyone for coming to the City CouncilMeeting.

XI. MISCELLANEOUS. (INFORMATION ONLY)

No Action Taken.

XIL ADJOURNMENT.


MOTION: Council Member Ruben Hurt moved to adjourn the meeting. Council MemberHall Dickard seconded the motion. The motion carried with all Council Membersin favor.

7:41 p.m. Meeting Adjourned.

PASSED AND APPROVED THIS __ DA Y OF 2021.

ATTEST: APPROVED:

City Secretary Mayor


determination of quorum

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