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City Council

Regular Meeting

Clarksville, TN · June 20, 2019

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Minutes

CLARKSVILLE CITY COUNCIL SPECIAL SESSION JUNE 20, 2019 MINUTES CALL TO ORDER A special session of the Clarksville City Council was called to order by Mayor Joe Pitts on Thursday, June 20, 2019, at 4:30 p.m. in City Council Chambers, 106 Public Square, Clarksville, Tennessee. A prayer was offered by Pastor Mark Totten, Grace Bible Church, guest of Councillady Stacey Streetman. Mayor Pitts asked everyone to remember the family of Street Department employee Joe Reeves who passed away suddenly. The Pledge of Allegiance was led by Councilman Tim Chandler. ATTENDANCE PRESENT: Richard Garrett (Ward 1), Vondell Richmond (Ward 2), Ron Erb (Ward 3), Tim Chandler (Ward 4) Valerie Guzman (Ward 5), Wanda Smith (Ward 6), Travis Holleman (Ward 7), Jeff Henley (Ward 9), Stacey Streetman (Ward 10), Gary Norris (Ward 11), Jeff Burkhart (12) ABSENT: David Allen, Mayor Pro Tem (Ward 8) RESOLUTION OF HONOR RESOLUTION 64-2019-20 ​Honoring Councilman Bill Powers The City Clerk read this resolution. Councilman Chandler made a motion to adopt this resolution. The motion was seconded by Councillady Streetman. The following vote was recorded: AYE: Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman Senator Powers said the City of Clarksville was fortunate to have Gary Norris as a member of the City Council representing Ward 11 He thanked the City Council for their public service and said “good government begins with good people.” APPOINTMENT OF FIRE CHIEF RESOLUTION 65-2018-19 ​Ratifying the Mayor’s appointment of the Chief of the Clarksville Fire Department Mayor Pitts recognized and thanked members of the search committee who were in attendance. He said Freddie Montgomery served in the United States Army and had a record of consistent leadership as Chief of the Hopkinsville, Kentucky Fire Department. There was no objection to recess to hear from Chief Montgomery. Chief Montgomery said he had been with the City of Hopkinsville for twenty five years, five of which he served as Fire Chief. He recognized his wife, Pricilla. He said he has a passion for fire service and wants firefighters to love their job and be a part of a department that is connected to and invested in the community. Councillady Streetman made a motion to revert to special session; there was no objection. Councilman Burkhart made a motion to adopt this resolution. The motion was seconded by Councilman Henley. The following vote was recorded: AYE: Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this resolution passed. TRC/EDC ORDINANCE 55-2018-19 (First Reading; Postponed June 6) Amending the Official Code pertaining to the designation of the District Management Corporation from the Two Rivers Company to the Economic Development Council The recommendation of the Finance Committee was for approval. First Reading of this ordinance was postponed June 6, 2019, to allow the Economic Development Council Board of Directors to review and approve this legislation. Councilman Burkhart made a motion to adopt this ordinance on first reading. The motion was seconded by Councillady Streetman. The following vote was recorded: AYE: Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt this ordinance on first reading passed. FY20 BUDGETS: SECOND READING ORDINANCE 70-2018-19 Amending the FY19 Operating and Capital Budget and adopting the FY20 Operating and Capital Budget for CDE Lightband Councilman Burkhart made a motion to adopt this ordinance on second reading. The motion was seconded by Councilman Chandler. There was no discussion. The following vote was recorded: AYE: Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt the FY20 CDE Lightband Budget on second reading passed. ORDINANCE 71-2018-19 Amending the FY19 Operating and Capital Budget and adopting the FY20 Operating and Capital Budget for Clarksville Gas & Water Department Councilady Guzman made a motion to adopt this ordinance on second reading. The motion was seconded by Councilman Richmond. There was no discussion. The following vote was recorded: AYE: Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt the FY20 Clarksville Gas & Water Budget on second reading passed. ORDINANCE 72-2018-19 Amending the FY19 Budget and approving the FY20 Annual Action Plan and Budget and authorizing application for Community Development Block Grant and HOME Investment Partnership Funds Councillady Streetman made a motion to adopt this ordinance on second reading. The motion was seconded by Councilman Henley. There was no discussion. The following vote was recorded: AYE: Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt the FY20 Community Development Budget on second reading passed. ORDINANCE 73-2018-19 Amending the FY19 Budget and adopting the FY20 Operating Budget for FY20 for the City of Clarksville Internal Service Funds Councilman Burkhart made a motion to adopt this ordinance on second reading. The motion was seconded by Councilman Henley. There was no discussion. The following vote was recorded: AYE: Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt the FY20 Internal Service Fund Budget on second reading passed. ORDINANCE 74-2018-19 Amending the FY19 Budget and establishing the FY20 Operating Budget for Clarksville Parking Commission (A Proprietary Fund) Councilman Burkhart made a motion to adopt this ordinance on second reading. The motion was seconded by Councilman Erb. There was no discussion. The following vote was recorded: AYE: Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt the FY20 Parking Commission Budget on second reading passed. ORDINANCE 75-2018-19 Amending the FY19 Operating and Capital Budget and adopting the FY20 Operating and Capital Budget for Clarksville Transit System Councillady Smith made a motion to adopt this ordinance on second reading. The motion was seconded by Councilman Garrett. There was no discussion. The following vote was recorded: AYE: Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt the FY20 Clarksville Transit System Budget on second reading passed. Mayor Pitts recognized Paul Nelson who had been named Interim Director of CTS upon the retirement of Director Arthur Bing. ORDINANCE 76-2018-19 Amending the FY19 Operating and Capital Budget and adopting the FY20 Operating and Capital Budget for City of Clarksville Governmental Funds, and adopting the Tax Rate for Fiscal Year June 1, 2019 through June 30, 2020 Mayor Pitts made a motion to adopt this ordinance on second reading. The motion was seconded by Councilman Henley. Councillady Guzman made a motion to amend this ordinance by transferring $83,275 from FY19 to FY20 Parks & Recreation budget to complete the Smith Pool demolition project. The motion was seconded by Councilman Burkhart. The following vote was recorded: AYE: Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman Councillady Guzman’s amendment passed. In response to Councllady Smith’s question, Mayor Pitts said the Certified Tax Rate had not yet been determined by the Montgomery County Assessor of Property. He said the FY20 General Government Budget had a zero net increase and the actual property tax rate would be established by separate ordinance when the CTR is received. The following vote on the main motion as amended was recorded: AYE: Burkhart, Chandler, Erb, Garrett, Guzman, Henley, Holleman, Norris, Pitts, Richmond, Smith, Streetman The motion to adopt the FY20 General Government Budget on second reading as amended passed. ANNOUNCEMENTS Councillady Streetman invited everyone to the Chamber of Commerce Business After Hours hosted by Clarksville Parks & Recreation at the Wilma Rudolph Event Center following the special session. Councilman Chandler expressed appreciation to Mayor Pitts and the staff of Finance & Revenue for a smooth budget process. ADJOURNMENT The meeting was adjourned at 4:55 p.m.

Agenda

CLARKSVILLE CITY COUNCIL SPECIAL SESSION JUNE 20, 2019, 4:30 P.M. COUNCIL CHAMBERS 106 PUBLIC SQUARE CLARKSVILLE, TENNESSEE AGENDA 1) CALL TO ORDER ​Mayor Joe Pitts 2) PRAYER ​Pastor Mark Totten, Grace Bible Church Guest of Councillady Stacey Streetman 3) PLEDGE OF ALLEGIANCE ​Councilman Tim Chandler 4) ATTENDANCE ​City Clerk 5) RESOLUTION OF HONOR 1. RESOLUTION 64-2019-20 ​Honoring Councilman Bill Powers ​Mayor Pitts 6) APPOINTMENT OF FIRE CHIEF 1. RESOLUTION 65-2018-19 ​Ratifying the Mayor’s appointment of the Chief of the Clarksville Fire Department ​Mayor Pitts 7) TRC/EDC ORDINANCE 55-2018-19 (First Reading; Postponed June 6) Amending the Official Code pertaining to the designation of the District Management Corporation from the Two Rivers Company to the Economic Development Council ​(Finance Committee: Approval) 8) FY20 BUDGETS: SECOND READING 1. ORDINANCE 70-2018-19 Amending the FY19 Operating and Capital Budget and adopting the FY20 Operating and Capital Budget for CDE Lightband ​Councilman Burkhart 2. ORDINANCE 71-2018-19 Amending the FY19 Operating and Capital Budget and adopting the FY20 Operating and Capital Budget for Clarksville Gas & Water Department ​Councillady Guzman 3. ORDINANCE 72-2018-19 Amending the FY19 Budget and approving the FY20 Annual Action Plan and Budget and authorizing application for Community Development Block Grant and HOME Investment Partnership Funds ​Councilman Allen 4. ORDINANCE 73-2018-19 Amending the FY19 Budget and adopting the FY20 Operating Budget for FY20 for the City of Clarksville Internal Service Funds Councilman Burkhart 5. ORDINANCE 74-2018-19 Amending the FY19 Budget and establishing the FY20 Operating Budget for Clarksville Parking Commission (A Proprietary Fund) Councilman Burkhart 6. ORDINANCE 75-2018-19 Amending the FY19 Operating and Capital Budget and adopting the FY20 Operating and Capital Budget for Clarksville Transit System Councillady Smith 7. ORDINANCE 76-2018-19 Amending the FY19 Operating and Capital Budget and adopting the FY20 Operating and Capital Budget for City of Clarksville Governmental Funds, and adopting the Tax Rate for Fiscal Year June 1, 2019 through June 30, 2020 ​Mayor Pitts 9) ADJOURNMENT RESOLUTION 64-2018-19 A RESOLUTION HONORING COUNCILMAN BILL POWERS WHEREAS, Bill Powers represented Ward 11 on the Clarksville City Council from January 2015 through December 2018 and January 2019 through May 2018; and WHEREAS, during his four-plus years of service as an elected official of the City of Clarksville, Councilman Powers served as a member of the Finance Committee, Chair of the Gas & Water Committee, Housing & Community Development Committee, Chair of the Parks & Recreation Committee, Streets & Garage Committee, and Transportation Committee; and WHEREAS, during his tenure as the representative of Ward 11, Councilman Powers always showed his support for City Employees and at all times displayed his genuine desire to provide citizens with the best possible customer service while being fiscally responsible with government funds; and WHEREAS, the leadership and dedication Councilman Powers has shown to his constituents and to the citizens of Clarksville have been a true asset to City Government. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That on this day, the 2nd day of July, 2019, the Clarksville City Council and the Citizens of the City of Clarksville express sincere appreciation to Bill Powers for his many achievements as a local elected official and extend best wishes to Councilman Powers and his family as he serves the residents of District 22 in the Tennessee State Senate. ADOPTED: RESOLUTION 65-2018-19 A RESOLUTION RATIFYING THE MAYOR’S APPOINTMENT OF THE CHIEF OF THE CLARKSVILLE FIRE DEPARTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the Clarksville City Council hereby ratifies the Mayor’s appointment of Freddie Montgomery as Chief of the Clarksville Fire Department effective August 1, 2019. ADOPTED: ORDINANCE 55-2018-19 AN ORDINANCE AMENDING THE OFFICIAL CODE PERTAINING TO THE DESIGNATION OF THE DISTRICT MANAGEMENT CORPORATION FROM THE TWO RIVERS COMPANY (non-profit corporation) TO THE EDC ​WHEREAS​, pursuant to Tennessee Code Annotated Section 7-84-501 et. seq., and Ordinance 1-1997-98 (approved on second reading by the City Council on October 2, 1997 and published (and effective) on October 9, 1997), the City previously created a “central business improvement district” (​see Tenn. Code Ann. Section 7-84-510), and further, ​inter alia​, said ordinance specified the district boundaries (by specifying specific parcels fronting on a portion of Franklin Street in downtown Clarksville), specified that all properties within the boundaries of the district shall be subject to the levy of a special assessment, and specified the initial improvements, services, and projects authorized to be constructed, installed or provided within and for the district (known as the “Franklin Street Sidewalk Improvements”), specified the rate of levy of the special assessment (how it was to be paid, how it was to be calculated, and by whom the levy of assessment was to be paid), and further, said ordinance authorized the creation, appointment and incorporation of a “district management corporation,” (to be known as the “Clarksville CBID Management Corporation”) as provided for by Tenn. Code Ann. §7-84-501 et. seq., and further specified the organizational makeup of the board of directors of said district management corporation (and specifically named the first board of directors); and WHEREAS​, pursuant to Tenn. Code Ann. §7-84-501 et. seq., and Ordinance 41-1998-99 (adopted April 1, 1999, and codified at City Code of Ordinances, Title 12 (Streets and Other Public Ways and Places), Chapter 9 (Central Business Improvement District), Section 12-902. Boundaries.), the City created, or continued to maintain, a “central business improvement district” (​see Tenn. Code Ann. §7-84-510), and specified the boundaries thereof (enlarged from the previous boundaries specified in Ordinance 1-1997-98); and WHEREAS​, pursuant to Ordinance 41-1998-99, the City authorized (and in effect appointed) a “district management corporation to be chartered pursuant to the provisions of the Tennessee Nonprofit Corporation Act for the purpose of administering the activities for and within the district, the making of improvements within and for the district, and the provision of services within and for the district,” said district management corporation was to be formally known as the “Clarksville CBID District Management Corporation of 1999,” (which formerly did business as, and was known as, the “Downtown District Partnership,” which d/b/a name was later changed to the “Two Rivers Company” or “TRC”), and which further specified the 1 organizational makeup of the board of directors of the district management corporation (and which organizational makeup has since been amended several times); and WHEREAS​, Tenn. Code Ann. Section 7-84-502 sets forth the purpose of the General Assembly in enacting the “Central Business Improvement Act of 1990” (Tenn. Code Ann. Section 7-84-501 et. seq.) and provides ​inter alia that “the General Assembly finds that (1) Municipalities should be encouraged to create ​self-financing central business improvement districts and designate district management corporations to execute self-help programs to enhance their local business climates” (emphasis added); and WHEREAS​, Tenn. Code Ann. Section 7-84-505 provides, ​inter alia​, that Tenn. Code Ann. Title 7 (Consolidated Governments and Local Governmental Functions and Entities), Chapter 84 (Central Business Improvement District Act of 1971), Part 5 (Central Business Improvement District Act of 1990), “shall constitute full authority for the making of improvements, creation of central business improvement districts, [and] levy of assessments …”; and WHEREAS​, Tenn. Code Ann. Section 7-84-519 pertains to the creation or appointment of an “advisory board” as a “district management corporation” and provides in pertinent part as follows: TCA 7-84-519. District management corporation. (a) The governing body of the municipality, in the establishment ordinance ​or any other ordinance of the municipality​, ​may create an advisory board​, ​or appoint an existing organization​, ​to act as an advisory board ​for the purpose of making recommendations for the use of special assessment revenues and for the purpose of administering activities within and for the district, the making of improvements within and for the district, and the provision of services and projects within and for the district. (b) Such newly created board or existing organization so created or appointed shall be known and referred to in this part as the district management corporation. (c) The governing body may contract with the district management corporation for the services to be provided by such corporation. ​Such district management corporation must comply with all applicable law, including this part, with all city resolutions and ordinances, and with all regulations lawfully imposed by the state auditor or other state agencies​. (d) … [provision pertaining to appointment of Speaker of the Senate and Speaker of House of Representatives serving as ex officio members on board of directors for district management corporation] (e) The district management corporation ​shall submit an annual budget for review and approval by the governing body. This budget ​shall include a statement of the 2 improvements to be made, the services to be provided and the projects and activities to be conducted during the ensuing fiscal year, the proposed program budget, and ​a statement of the assessment rates for financing the proposed budget​. (emphasis added); and WHEREAS​, the Officers and Board of Directors of the Two Rivers Company, and the Officers and Board of Directors of the Economic Development Council (hereafter “EDC”), have requested that the City repeal the designation of the Two Rivers Company as the “district management corporation” and designate instead the EDC as the “district management corporation,” within the meaning of Tenn. Code Ann. §7-84-501, et. seq.; and ​WHEREAS​, the City Council finds it to be in the best interest of the City to repeal the designation of the Two Rivers Company as the “district management corporation” for the “central business improvement district,” and to designate instead the EDC as the “district management corporation,” for “the purpose of making recommendations for the use of special assessment revenues and for the purpose of administering activities within and for the district, the making of improvements within and for the district, and the provision of services and projects within and for the district,” within the meaning of Tenn. Code Ann. §7-84-501, et. seq.; and WHEREAS​, pursuant to the current governing documents for the EDC, the City Mayor, as well as a ward City Council member, serve on the EDC board; and WHEREAS​, in view of the City’s intent to appoint the EDC as the “district management corporation,” which confers and delegates significant municipal powers upon the EDC, the City Council further finds it desirable that the City Mayor, and a member of the City Council, appointed by the Mayor and approved by majority vote of the City Council, should continue to serve as a voting member of the EDC Board of Directors for at least so long as the EDC is designated as the “district management corporation,” and that should the EDC fail or cease to maintain and provide through its Charter and / or by-laws as may be applicable, for the membership of the City Mayor and a ward member of the City Council as a member of the EDC board, the designation of the EDC as the “district management corporation” should be void and of no effect. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: (1) That the Official Code of the City of Clarksville, Title 12 (Streets and Other Public Ways and Places), Chapter 9 (Central Business Improvement District), Section 12-905 (District management corporation), which, inter alia, designated the “Two Rivers Company” as the 3 “district management corporation” for the “central business improvement district,” is hereby repealed, and said City Code section is hereby amended by deleting same in its entirety, and substituting therefore the following new Section 12-905: Section 12-905. District management corporation. The Economic Development Council (EDC) is hereby designated as the “district management corporation” ​within the meaning of Tenn. Code Ann. §7-84-501, et. seq., and specifically in accordance with Tenn. Code Ann. §7-84-519, for the “central business improvement district.” Said “district management corporation” shall have all powers, duties, and obligations as is provided for within Tenn. Code Ann. §7-84-501, et. seq., and the provisions of City Code, Title 12 (Streets and Other Public Ways and Places), Chapter 9 (Central Business Improvement District). (2) The provisions of this ordinance, and the designation of the EDC as the “district management corporation,” is contingent upon the EDC continuing to maintain the City Mayor, and a member of the City Council, appointed by the Mayor and approved by majority vote of the City Council, continuing to serve as a voting member of the EDC Board of Directors for at least so long as the EDC is designated as the “district management corporation,” and should the EDC fail or cease to maintain and provide through its Charter and / or by-laws as may be applicable, for the membership of the City Mayor and a ward member of the City Council as a member of the EDC board, the designation of the EDC as the “district management corporation” should be void and of no effect. POSTPONED: May 2, 2019 POSTPONED: June 6, 2019 FIRST READING: SECOND READING: EFFECTIVE DATE: 4 ORDINANCE 70-2018-19 AN ORDINANCE AMENDING THE OPERATING AND CAPITAL BUDGETS FOR FISCAL YEAR 2019 AND ADOPTING THE OPERATING AND CAPITAL BUDGETS FOR FISCAL YEAR 2020 FOR CDE LIGHTBAND WHEREAS, ​Article VII, Section 3 of the official charter of the City of Clarksville provides for the approval and adoption of a budget; and WHEREAS, ​the governing body has published the annual operating budget and budgetary comparisons of the proposed budget with the prior year (actual) and the current year (estimated) in a newspaper of general circulation not less than ten (10) days prior to the meeting where the governing body will consider final passage of the budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the estimated revenues and expenses of CDE Lightband for the fiscal years 2019 and 2020 are amended and/or approved as follows: Expenses of enterprise funds may vary significantly especially due to the impact of purchased power, gas or chemicals. Due to the operational necessity to provide the services offered the enterprise fund is authorized to expend funds irrespective of the appropriations contained within this Ordinance. Any operationally necessary budget amendments will be made at fiscal year end. FIRST READING: June 13, 2019 SECOND READING: EFFECTIVE DATE: June 30, 2019 ORDINANCE 71-2018-19 AN ORDINANCE AMENDING THE OPERATING AND CAPITAL BUDGETS FOR FISCAL YEAR 2019 AND ADOPTING THE OPERATING AND CAPITAL BUDGETS FOR FISCAL YEAR 2020 FOR THE CLARKSVILLE GAS & WATER DEPARTMENT WHEREAS, ​City Charter, Article VII, Section 3(a) budget ordinances need not be in more detail than a lump sum for each department. TCA 7-34-114(a) requires revision of rates, fees or charges, from time to time, whenever necessary so that enterprise funds always remains self-supporting; WHEREAS, the governing body has published the annual operating budget and budgetary comparisons of the proposed budget with the prior year (actual) and the current year (estimated) in a newspaper of general circulation not less than ten (10) days prior to the meeting where the governing body will consider final passage of the budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the estimated revenues and expenses of the Clarksville Gas & Water Department for the fiscal years 2019 and 2020 are amended and/or approved as follows: Expenses of enterprise funds may vary significantly especially due to the impact of purchased power, gas or chemicals. Due to the operational necessity to provide the services offered the enterprise fund is authorized to expend funds irrespective of the appropriations contained within this Ordinance. Any operationally necessary budget amendments will be made at fiscal year end. FIRST READING: June 13, 2019 SECOND READING: EFFECTIVE DATE: June 30, 2019 ORDINANCE 72-2018-19 AN ORDINANCE AMENDING THE 2018-2019 BUDGET AND APPROVING THE 2019-2020 ANNUAL ACTION PLAN AND BUDGET AND AUTHORIZING APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP FUNDS WHEREAS​, Regulation 24 CFR Part 91 issued by the U.S. Department of Housing and Urban Development (HUD) requires the city to submit and receive HUD approval of an annual action plan as part of a HUD-approved five-year consolidated plan for the City of Clarksville; and WHEREAS​, Title I of the Housing and Community Development Act of 1974, as amended, establishes a Community Development Block Grant (CDBG) program for the purpose of developing viable urban communities by providing decent housing and suitable living environments and expanding economic opportunities and preventing and/or eliminating conditions of slum and blight, principally for persons of low and moderate income; and WHEREAS​, the Statement of Purpose for this Ordinance reflects comments from agencies, organizations and citizens as related to funding received from two HUD programs; the Community Development Block Grant and the HOME Investment Partnership Program; and WHEREAS, Article VII, Section 3 of the Official Charter of the City of Clarksville provides for the approval and adoption of a budget; and WHEREAS​, the provisions of the Tennessee Code Annotated require each municipality to operate under an annual appropriation ordinance​. WHEREAS, the governing body has published the annual operating budget and budgetary comparisons of the proposed budget with the prior year (actual) and the current year (estimated) in a newspaper of general circulation not less than ten (10) days prior to the meeting where the governing body will consider final passage of the budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the 2018-2019 budget is amended and the 2019-2020 Annual Action Plan and the 2019-2020 “Budget and Program of Expenditures” is hereby adopted and approved. Section 1. Revenues and Expenses. Revenues and expenses for the COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIP FUNDS, EMERGENCY SOLUTIONS GRANT AND CONTINUUM OF CARE GRANT are shown on the budget schedule below. The budgets shown below are on a cash basis. Revenues are estimated to be sufficient to pay the estimated expenses of the operations. FIRST READING: June 13, 2019 SECOND READING: EFFECTIVE DATE: June 30, 2019 ORDINANCE 73-2018-2019 AN ORDINANCE AMENDING THE FISCAL YEAR 2019 AND ADOPTING THE OPERATING BUDGET FOR FISCAL YEAR 2020 FOR THE INTERNAL SERVICE FUNDS. WHEREAS, Article VII, Section 3 of the Official Charter of the City of Clarksville provides for the approval and adoption of a budget; and WHEREAS, the provisions of the Tennessee Code Annotated require each municipality to operate under an annual appropriation ordinance; and WHEREAS​, the governing body has published the annual operating budget and budgetary comparisons of the proposed budget with the prior year (actual) and the current year (estimated) in a newspaper of general circulation not less than ten (10) days prior to the meeting where the governing body will consider final passage of the budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the estimated revenues and expenditures of the City of Clarksville’s Internal Service Funds for the fiscal years 2019 and 2020 are approved as follows: Section 1. Revenues and Expenditures. Revenues and expenditures for the City of Clarksville’s Internal Service Funds are shown below. Revenues are estimated to be sufficient to pay the estimated expenditures of the Internal Service Funds' operations. The basis of accounting for the purpose of budget preparation is cash basis. FIRST READING: June 13, 2019 SECOND READING: EFFECTIVE DATE: June 30, 2019 ORDINANCE 74-2018-19 AN ORDINANCE AMENDING THE FISCAL YEAR 2019 BUDGET AND ESTABLISHING THE OPERATING BUDGET FOR FISCAL YEAR 2020 FOR THE CLARKSVILLE PARKING COMMISSION, A PROPRIETARY FUND. WHEREAS, Article VII, Section 3 of the Official Charter of the City of Clarksville provides for the approval and adoption of a budget; and WHEREAS, the governing body has published the annual operating budget and budgetary comparisons of the proposed budget with the prior year (actual) and the current year (estimated) in a newspaper of general circulation not less than ten (10) days prior to the meeting where the governing body will consider final passage of the budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the amended revenues and expenses of the City of Clarksville’s Parking Commission for the fiscal year 2019 and the estimated revenues and expenses for the fiscal year 2020 are as follows: Section 1. Revenues and Expenses. Revenues and expenses for the City of Clarksville’s Parking Commission (a Proprietary Fund) are shown on the budget schedules below. The budgets shown below are on a cash basis. Revenues are estimated to be sufficient to pay the estimated expenses of the Parking Commission’s operations and any annual debt service. Section 2. Operating services for the Parking Commission are provided by the general fund of the City, the Parking fund reimburses the General Fund of the City for actual expenses incurred as a management fee. FIRST READING: June 13, 2019 SECOND READING: EFFECTIVE DATE: June 30, 2019 ORDINANCE 75-2018-19 AN ORDINANCE AMENDING THE OPERATING AND CAPITAL BUDGETS FOR FISCAL YEAR 2019 AND ADOPTING THE OPERATING AND CAPITAL BUDGETS FOR FISCAL YEAR 2020 FOR THE CLARKSVILLE TRANSIT SYSTEM WHEREAS, Article VII, Section 3 of the official charter of the City of Clarksville provides for the approval and adoption of a budget; and WHEREAS, the governing body has published the annual operating budget and budgetary comparisons of the proposed budget with the prior year (actual) and the current year (estimated) in a newspaper of general circulation not less than ten (10) days prior to the meeting where the governing body will consider final passage of the budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the estimated revenues and expenditures of the Clarksville Transit System for the fiscal years 2019 and 2020 are amended and/or approved as follows​: FIRST READING: June 13, 2019 SECOND READING: EFFECTIVE DATE: June 30, 2019 FY 2020 BUDGET GOVERNMENTAL FUNDS (EXCLUDING HOUSING & COMMUNITY DEVELOPMENT) Ordinance 76-2018-19 ORDINANCE 76-2018-19 AN ORDINANCE AMENDING THE OPERATING AND CAPITAL BUDGETS FOR FISCAL YEAR 2019 AND ADOPTING THE OPERATING AND CAPITAL BUDGETS FOR FISCAL YEAR 2020 FOR THE GOVERNMENTAL FUNDS AND ADOPTING THE TAX RATE FOR THE FISCAL YEAR BEGINNING JULY 1, 2019 AND ENDING JUNE 30, 2020 WHEREAS, Article VII, Section 3 of the official charter of the City of Clarksville provides for the approval and adoption of a budget; and WHEREAS, ​Tennessee Code Annotated Title 9 Chapter 1 Section 116 requires that all funds shall first be appropriated before being expended and that only funds that are available shall be appropriated, and WHEREAS, the governing body has published the annual operating budget and budgetary comparisons of the proposed budget with the prior year (actual) and the current year (estimated) in a newspaper of general circulation not less than ten (10) days prior to the meeting where the governing body will consider final passage of the budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: That the estimated revenues and expenditures of the City of Clarksville for the fiscal years 2019 and 2020 are amended and/or approved as follows: Section 1. ​That the governing body estimates anticipated revenues for its governmental funds from all sources to be as stated in the attachments that follow. Section 2. That the governing body appropriates from these anticipated revenues and unexpended and unencumbered funds as follows in all of the attachments that follow. Section 3. ​At the end of the current fiscal year, the governing body estimates balances as follows in all of the attachments that follow. Section 4​. That the governing body recognizes that the municipality has bonded and other indebtedness as follows: Bonded or Total Debt FY2020 FY2020 Interest Debt Previously Other Principal Requirements Authorized and 7/1/2019 Indebtedness Requirements Unissued Bonds $47,121,000 5,724,000 $1,694,515 $13,165,000 Notes 50,003,000 3,033,000 1,712,297 Issued (not 18,000,000 drawn down) Total Debt 115,124,000 8,757,000 3,406,812 Section 5​. No appropriation listed above may be exceeded without an amendment of the budget ordinance as required by Article VII, Section 3 of the Clarksville City Charter. Amendments to the adopted budget ordinance may be approved by ordinance at any time during the fiscal year by the affirmative vote of a majority of the council on two separate readings. Section 6​. ​Tax Rate. ​ The City of Clarksville’s fiscal year 2020 (tax year 2019) tax rate for real and personal property was assumed to accept the Montgomery County Assessor’s Certified Tax Rate. Upon receipt of the Certified Tax Rate, the City will bring forward an Ordinance to set the tax rate for the tax year of 2019. Section 7​. ​Payments to Tennessee Consolidated Retirement System. For the fiscal year 2020, the City of Clarksville’s rate of funding to the Tennessee Consolidated Retirement System (TCRS) will be 18.03% of covered salaries and wages for public safety employees and 14.53% for all others. Section 8​. ​Other Post Employment Benefits. The City recognizes that under the provisions of Governmental Accounting Standards Board (GASB) Statement 45 that it has an obligation for “Other Post Employment Benefits” (“OPEB”). In FY 2020, the City’s governmental funds will continue on a pay-as-you-go basis. Nothing in this section shall prevent any proprietary fund, agency, or component unit of the city from funding its OPEB obligations under the provisions of GASB 45 in FY 2020. Section 9​. ​In Lieu of Taxes, Clarksville Department of Electricity and Clarksville Department of Gas, Water & Sewer. ​The City has budgeted to collect the maximum in lieu of tax payment permitted by the Tennessee Code Annotated from the Clarksville Department of Gas, Water & Sewer and CDE Lightband and accounts for these payments in the general fund as operating revenues. Section 10​. ​Payments to Montgomery County – In Lieu of Taxes. Under the provisions of the Tennessee Code Annotated, 22.5% of the in lieu of tax payment actually paid to the city by the Clarksville Department of Electricity (CDE Lightband) to the City of Clarksville's general government must be paid over to Montgomery County. The amount of the appropriation to be paid over to Montgomery County contained within this appropriating ordinance is based on an estimated annual in lieu of tax payment included in the financing sources of the city. The Chief Financial Officer is authorized to comply with the legal requirement that provides for the actual payment of 22.5% of the in-lieu-of-tax paid to the city to be paid to Montgomery County irrespective of the appropriation contained within this ordinance. Section 11​. ​Payments to Montgomery County – Share of State Liquor Taxes. Under the provisions of the Tennessee Code Annotated, 50% of the state liquor taxes paid to the City of Clarksville by the State of Tennessee must be paid over to Montgomery County for the purpose of funding education. The amount of the appropriation to be paid over to Montgomery County contained within this appropriating ordinance is based on an annual revenue estimate of the state shared revenue for the liquor tax. The Chief Financial Officer is authorized to comply with the legal requirement to pay over to Montgomery County 50% of the state liquor taxes received by the city irrespective of the appropriation contained within this ordinance. Section 12. ​A departmental budget and the published operating budget and budgetary comparisons shown by fund with beginning and ending fund balances and the number of full time employees authorized by department and/or fund shall be considered part of this ordinance. Department FY2019 FY2020 Full-time Full-time Employees Employees Legislative/Administrative (includes Council) 14 14 Building Codes 30 30 City Court 5 5 Finance & Revenue/Parking 19 19 Fire Department 235 235 Garage 15 15 Human Resources 9 11 Human Resources – Security 7 8 Legal Department 5 5 Information Technology 12 12 Internal Audit 3 3 Mayor's Office 6 6 Municipal Properties 2 2 Parks and Recreation/Golf 78 82 Dispatch 34 34 Police 338 345 Purchasing 3 3 Street Department 88 89 Gas, Water & Sewer 266 267 CDE Lightband 206 211 Transit 92 91 Housing & Community Development 6 6 TOTAL FULL-TIME 1473 1493 Section 13.​ ​Policy for Funding of Non-Profit Agencies 1. Per State Law: a. Organization must be a 501(c)(3), 501(c)(4), or 501(c)(6) with documentation provided from the Internal Revenue Service. b. Organization provides year-round services benefitting the general welfare of the city’s residents. c. Organization files a copy of an annual audit of its business affairs and related transactions 2. Additional City of Clarksville requirements: a. Organization must be related or support moving the City forward in providing a municipal purpose. b. Organization must disclose at least annually and throughout the funding year any City employee or elected official associated with their agency in any capacity, stating their name and role they play in the non-profit agency. c. Funding may be withheld at the discretion of the City of Clarksville’s Finance Department until all requirements are met and kept current. d. If approved for funding by the City of Clarksville, the organization agrees to allow access to financial records during the funding period. e. Organization agrees that funds requested will ​only be used for the purposes stated and approved in their budget request f. The City shall determine funding distribution to be either monthly, quarterly, or annually g. Any change in proposed use of funds during the funding year must be submitted to the City in writing for approval prior to use. h. Organizations receiving $50,000 or more of funding from the City are required to follow the City’s purchasing policy including but not limited to bids and quotes for any purchase made with City provided funds. i. Organizations receiving any audit findings shall disclose these findings with their annual funding request. At the discretion of the CFO for the City, funding may be withheld until a satisfactory plan to address the findings has been received. j. Organization is required to submit quarterly financial reports no later than 45 days after the end of the quarters ending September, December, March and June of each year. Section 14. ​If for any reason a budget ordinance is not adopted prior to the beginning of the next fiscal year, the appropriations in this budget ordinance shall become the appropriations for the next fiscal year until the adoption of the new budget ordinance, provided sufficient revenues are being collected to support the continuing appropriations as per Charter provision. Approval of the Director of the Division of Local Finance in the Comptroller of the Treasury for a continuation budget will be requested if any indebtedness is outstanding. Section 15. In an effort for the City’s pay practices to remain competitive with changes in labor market conditions, City Code Section 1.5-403 provides for the Human Resources Department to review and propose adjustments to the compensation plan including adjusting the salary structure to be competitive with the market. Further Section 1.5-405b provides for the recommendation by the Human Resources Department to provide annual general pay increases for City employees. Notwithstanding any provision of the Official Code of the City of Clarksville to the contrary, based on current market conditions and city finances, the Human Resources Director has recommended a general wage increase for City employees of 3.0% for Fiscal Year 2019-2020. Any employee who will not receive a 3.0% increase due to their pay range top out, shall receive a stipend necessary to bridge their pay raise to 3.0%. The stipend will be paid based on one lump sum divided equally per pay period and will not become part of the employee’s base salary as to comply with City Code Section 1.5-404b. Also, recommended is the increase in the pay tables of 2.0%. Section 16. Capital Project Revenue District. In order to provide accountability, since the exact amount due as a result of increased valuations and which would be available to the CPRD, the amount of Property Tax to be transferred to the CPRD fund will be capped at $2,870,000 for Fiscal Year 2020. Section 17. Parks & Recreation and Golf Courses. ​This ordinance shall provide authorization for the budgets of Parks and Recreation, Mason Rudolph Golf Course and Swan Lake Golf Course to be merged, therefore allowing operational efficiencies of shared resources. As provided for by City Code in certain circumstances the Department head or Mayor have authority to move funds within the department’s budgets. For the purposes of budget appropriations and expenditures of Parks and Recreation and the Golf Courses shall be considered one department. Section 18. ​This ordinance shall take effect June 30, 2019 for the good of the public. BUDGET SUMMARY PUBLISHED:​ June 2, 2019 PUBLIC HEARING: June 13, 2019 FIRST READING: June 13, 2019 SECOND READING: EFFECTIVE DATE: June 13, 2019

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