City Council Regular Meeting

AGENDA City Council Regular Meeting Monday, May 18, 2020 1102 Lohmans Crossing Road 6:30 PM VIA VIDEOCONFERENCE This meeting of the Lakeway City Council will be conducted via videoconference, pursuant to Governor Abbott’s Temporary Suspension of Open Meetings Laws issued on March 16, 2020. As always, you may watch the meeting using the city’s live stream at: https://www.lakeway-tx.gov/1062/Videos---Meetings-Events. There will be no in-person attendance at this meeting. Citizen Participation on posted agenda items will occur via telephone. If you wish to provide comments on a specific agenda item via telephone during the meeting,submit a public comment form on the city website before 3:00 pm Monday, May 18, 2020. Go to https://lakeway-tx.civicweb.net/Portal/CitizenEngagement.aspx to complete the form. Email joanntouchstone@lakeway-tx.gov if you have any questions regarding citizen participation. City staff will send an email providing instructions for commenting during public participation via videoconference directly to those registered to comment. The same rules apply to telephone comments as to in-person comments. They must be on the topic of the agenda item, and they must be no more than 3 minutes in length. Page 1 ESTABLISH QUORUM AND CALL TO ORDER. 2 PLEDGE OF ALLEGIANCE. 3 OATH OF OFFICE: 2020 ELECTED OFFICIALS. JUDGE MICHELE LOCKE WILL ADMINISTER THE OATHS OF OFFICE TO COUNCILMEMBER LAURIE HIGGINBOTHAM, COUNCILMEMBER LOUIS MASTRANGELO, AND COUNCILMEMBER STEVE SMITH. 4 RESOLUTION NO. 2020-05-18-01 APPOINTING THE MAYOR PRO TEM. • Staff report by City Secretary Jo Ann Touchstone. • Citizen participation. Page 1 of 40  • Council discussion/action. Staff Report 6-7 Resolution No. 2020-05-18-01 5 CITIZEN PARTICIPATION FOR THE CONSENT AGENDA AND ITEM 11. CONSENT AGENDA All items may be approved by one Council vote. Members of the Council may pull items from the Consent Agenda for discussion. 6 MINUTES OF APRIL 20, 2020 REGULAR CITY COUNCIL MEETING. April 20, 2020 Minutes 8 - 11 7 MINUTES OF MAY 4, 2020 SPECIAL COUNCIL MEETING. May 4, 2020 Minutes 12 - 14 8 RESOLUTION NO. 2020-05-18-01 OF THE CITY OF LAKEWAY, TEXAS PERMITTING THE USE AND RECOGNIZING THE VALIDITY OF CERTAIN ELECTRONIC SIGNATURES. Staff Report 15 - 16 2020-05-18-02 Electronic Signatures 9 INVESTMENT REPORT FOR SECOND QUARTER FISCAL YEAR 2020. Quarterly Investment Report 17 - 26 10 TREASURER'S MONTHLY REPORT. Treasurer's Report 27 END CONSENT AGENDA 11 FINANCIAL REPORT. Financial Report 28 - 30 12 UPDATE ON FINANCIAL IMPACT OF COVID-19. • Staff report by City Manager Julie Oakley. • Citizen participation. • Council discussion/action. 13 ORDINANCE NO. 2020-05-18-01 - AN ORDINANCE OF THE CITY OF LAKEWAY, TEXAS, ADDING THE CODE OF ORDINANCES, TITLE I: GENERAL ORDINANCES; CHAPTER 16: PUBLIC WAYS AND PLACES; ARTICLE 16.04: SPECIAL EVENT PERMITS; AND AMENDING APPENDIX A FEE SCHEDULE; ARTICLE A2.000: MISCELLANEOUS FEES; SECTION A2.005: SPECIAL EVENT PERMIT; AND ADDING ARTICLE A5.000: PARKS Page 2 of 40  AND RECREATION; SECTION A5.006: GENERAL PARK FEES; AND PROVIDING FOR SAVINGS, SEVERABILITY, REPEALER, AND AN EFFECTIVE DATE. • Staff report by City Manager Julie Oakley. • Citizen participation. • Council discussion/action. Staff Report 31 - 40 Ordinance No. 2020-05-18-01 14 COUNCIL DISCUSSION ON HOTEL TAX AND ECONOMIC RECOVERY. • Report by Mayor Cox. • Citizen participation. • Council discussion/action. 15 CITIZENS PARTICIPATION FOR ITEMS NOT ON THIS AGENDA. 16 EXECUTIVE SESSION. ENTER INTO EXECUTIVE SESSION TO DELIBERATE REGARDING THE PURCHASE, EXCHANGE, LEASE, OR VALUE OF REAL PROPERTY, AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTION 551.072, AND TO OBTAIN LEGAL ADVICE FROM COUNSEL, AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTION 551.071 (CONSULTATION WITH ATTORNEY). NO ACTION WILL BE TAKEN IN EXECUTIVE SESSION; ACTION, IF ANY, WILL BE TAKEN IN OPEN SESSION. • Legal and Real Estate Issues Relating to the Oaks PUD/Stratus Properties. 17 EXECUTIVE SESSION. ENTER INTO EXECUTIVE SESSION TO DELIBERATE REGARDING THE PURCHASE, EXCHANGE, LEASE, OR VALUE OF REAL PROPERTY, AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTION 551.072, AND TO OBTAIN LEGAL ADVICE FROM COUNSEL, AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTION 551.071 (CONSULTATION WITH ATTORNEY). NO ACTION WILL BE TAKEN IN EXECUTIVE SESSION; ACTION, IF ANY, WILL BE TAKEN IN OPEN SESSION. • Legal and Real Estate Issues Relating to the Lakeway Highlands/Rough Hollow Development Agreement. 18 EXECUTIVE SESSION. ENTER INTO EXECUTIVE SESSION TO DISCUSS AN ECONOMIC DEVELOPMENT PROSPECT, AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTION 551.087 (ECONOMIC DEVELOPMENT NEGOTIATIONS). NO ACTION WILL BE TAKEN IN EXECUTIVE SESSION, ANY ACTION TO BE TAKEN ON THIS ITEM WILL OCCUR IN OPEN SESSION. Page 3 of 40  • Project Granite. 19 EXECUTIVE SESSION: ENTER INTO EXECUTIVE SESSION TO OBTAIN LEGAL ADVICE FROM COUNSEL, AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTION 551.071 (CONSULTATION WITH ATTORNEY) AND TO DISCUSS THE EMPLOYMENT, APPOINTMENT, AND DUTIES OF A PUBLIC EMPLOYEE. NO ACTION WILL BE TAKEN IN EXECUTIVE SESSION; ACTION, IF ANY, WILL BE TAKEN IN OPEN SESSION. • Legal Issues Relating to Possible Creation of Full-Time Emergency Management Coordinator Position. 20 EXECUTIVE SESSION: ENTER INTO EXECUTIVE SESSION TO OBTAIN LEGAL ADVICE FROM COUNSEL, AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTION 551.071 (CONSULTATION WITH ATTORNEY). NO ACTION WILL BE TAKEN IN EXECUTIVE SESSION; ACTION, IF ANY, WILL BE TAKEN IN OPEN SESSION. • Legal Issues Relating to the Annexation of 318.2 acres Northwest of Bee Creek Road and SH 71 in April 2014. 21 EXECUTIVE SESSION: ENTER INTO EXECUTIVE SESSION TO OBTAIN LEGAL ADVICE FROM COUNSEL, AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTION 551.071 (CONSULTATION WITH ATTORNEY). NO ACTION WILL BE TAKEN IN EXECUTIVE SESSION; ACTION, IF ANY, WILL BE TAKEN IN OPEN SESSION. • Legal and Real Estate Issues Relating to the SH 620 Widening Project Deferment. 22 EXECUTIVE SESSION: ENTER INTO EXECUTIVE SESSION TO OBTAIN LEGAL ADVICE FROM COUNSEL, AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTION 551.071 (CONSULTATION WITH ATTORNEY). NO ACTION WILL BE TAKEN IN EXECUTIVE SESSION; ACTION, IF ANY, WILL BE TAKEN IN OPEN SESSION. • Legal Issues Relating to Distribution of Coronavirus Relief Fund Allocations for Lakeway. 23 EXECUTIVE SESSION: ENTER INTO EXECUTIVE SESSION TO OBTAIN LEGAL ADVICE FROM COUNSEL, AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTION 551.071 (CONSULTATION WITH ATTORNEY). NO ACTION WILL BE TAKEN IN EXECUTIVE SESSION; ACTION, IF ANY, WILL BE TAKEN IN OPEN SESSION. • Legal Issues Pertaining to COVID-19 Case Management Data. 24 ADJOURNMENT. Page 4 of 40 Signed this _______________ day of ___________________, 2020. ________________________________ Sandra L. Cox, Mayor All items may be subject to action by City Council pursuant to Ordinance No. 2001-10-29-1, Article VI. The City Council may adjourn into Executive Session at any time during the course of this meeting to discuss any matters listed on the agenda, as authorized by the Texas Government Code including, but not limited to, Sections: 551.071 (Consultation with Attorney), 551.072 (Deliberations about Real Property), 551.073 (Deliberations about Gifts and Donations), 551.074 (Personnel Matters), 551.076 (Deliberations about Security Devices), 551.087 (Economic Development), 418.183 (Deliberations about Homeland Security Issues) and as authorized by the Texas Tax Code including, but not limited to, Section 321.3022 (Sales Tax Information). Certification: I certify that the above notice of meeting was posted on the City of Lakeway Official Community Bulletin Board on the _____ day of _________, 2020 at _______ am/pm. Council approved agendas and action minutes are available on line at http://www.lakeway-tx.gov/. The City of Lakeway Council meetings are available to all persons regardless of ability. If you require special assistance, please contact Jo Ann Touchstone, City Secretary, at 512-314-7506 at least 48 hours in advance of the meeting. _________________________________ Jo Ann Touchstone, City Secretary Page 5 of 40 Jo Ann Touchstone, City Secretary Staff Report ___________________________________________________________________________ Meeting date: May 18, 2020 Agenda item: Resolution No. 2020-05-18-01 Appointing the Mayor Pro Tem. Background: Section Section 3.06, “Mayor and Mayor Pro Tem” of the City Charter states: Mayor and Mayor Pro Tem The Mayor’s duties include recommending issues for the agenda and presiding over City Council meetings. The Mayor shall vote on all issues brought before the Council and sign all written actions authorized by the City Council. The Mayor may not veto or modify any action approved by the City Council. The Mayor is recognized as the head of City government. The Mayor will also perform all other duties required by order of the Council. The Council shall appoint one of its members for a period of one year as Mayor Pro Tem. The Mayor Pro Tem shall act, and have the rights and duties, as the Mayor whenever the Mayor is absent or incapacitated or the office of Mayor becomes vacant. Councilmember Laurie Higginbotham is currently serving a term as Mayor Pro Tem from May 2019 – May 2020. Fiscal Impact: None Enclosure(s): Draft Resolution No. 2020-05-18-01 Page 1 of 1 Page 6 of 40  CITY OF LAKEWAY RESOLUTION NO. 2020-05-18-01 A RESOLUTION APPOINTING A MAYOR PRO TEM JUNE 2020 to MAY 2021 WHEREAS, the Charter for the City of Lakeway was adopted by the voters of the City of Lakeway on May 5, 1990 and amended May 1992, May 1994 August 1996, May 2002, May 2006, May 2010, November 2014 and May 2018; and WHEREAS, Section 3.06 of the Charter, requires that the Council appoint one of its members as Mayor Pro Tem for a period of one (1) year. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKEWAY, TEXAS THAT: Councilmember __________________________ is hereby appointed Mayor Pro Tem of the City of Lakeway and shall serve for a period of one (1) year and who shall assume all the powers of the Mayor in the event the Mayor is absent, incapacitated, or the office of Mayor becomes vacant. Passed and approved this the 18th day of May, 2020. _______________________ Sandra L. Cox, Mayor Attest: ____________________________ Jo Ann Touchstone, City Secretary Resolution No. 2020-05-18-01 Page 1 of 1 Page 7 of 40  AGENDA City Council Regular Meeting Monday, April 20, 2020 Lakeway City Hall, 1102 Lohmans Crossing Road 6:30 PM VIA VIDEOCONFERENCE MINUTES This meeting of the Lakeway City Council will be conducted via videoconference, pursuant to Governor Abbott’s Temporary Suspension of Open Meetings Laws issued on March 16, 2020. As always, you may watch the meeting using the city’s live stream at: https://www.lakeway-tx.gov/1062/Videos---Meetings-Events. There will be no in-person attendance at this meeting. Citizen Participation on posted agenda items will occur via telephone. If you wish to provide comments on a specific agenda item via telephone during the meeting, submit an email before 3:00 pm Monday, April 20, 2020 to info@lakeway-tx.gov our name, address, telephone number and the agenda item on which you wish to speak. City staff will send an email providing instructions for commenting during public participation via videoconference directly to those registered to comment. The same rules apply to telephone comments as to in- person comments. They must be on the topic of the agenda item, and they must be no more than 3 minutes in length. 1 ESTABLISH QUORUM AND CALL TO ORDER – Present via video conference: Mayor Cox, Mayor Pro Tem Higginbotham, Councilmember Howell (entered 6:35 p.m.), Councilmember Kumar, Councilmember Mastrangelo, Councilmember Smith and Councilmember Vance. Also present: City Manager Julie Oakley, City Attorney Cobby Caputo, City Secretary Jo Ann Touchstone and Director of Communications Jarrod Wise. 2 PLEDGE OF ALLEGIANCE. 3 CITIZEN PARTICIPATION FOR THE CONSENT AGENDA AND ITEM 10. CONSENT AGENDA All items may be approved by one Council vote. Members of the Council may pull items from the Consent Agenda for discussion. 4 MINUTES OF MARCH 16, 2020 REGULAR CITY COUNCIL MEETING. 5 MINUTES OF APRIL 6, 2020 SPECIAL CITY COUNCIL MEETING. Page 8 of 40  6 RESOLUTION NO. 2020-04-20-01 - APPOINTING MEMBERS TO THE ECONOMIC DEVELOPMENT COMMITTEE. 7 BID AWARD FOR ASPHALT PARKING LOTS AND TRAIL OVERLAY PROJECT. 8 TREASURER'S MONTLY REPORT. Councilmember Kumar moved to approve the consent agenda. Mayor Pro Tem Higginbotham seconded and the motion passed unanimously. END CONSENT AGENDA 9 COVID-19 UPDATE.  Report by Mayor Cox.  Citizen participation – No one spoke.  Council discussion/action – No action was taken. 10 FINANCIAL REPORT. 11 UPDATE ON PREVIOUS BUSINESS.  Swim Center, update from City Manager Julie Oakley.  Citizen participation – The following persons spoke via video conference: Rebecca Selman and Steve Jones.  Council discussion/action – No action was taken. 12 RESOLUTION 2020-04-20-02 - A RESOLUTION OF THE CITY OF LAKEWAY DENYING TEXAS GAS SERVICE COMPANY’S REQUESTED RATE INCREASE; REQUIRING THE COMPANY TO REIMBURSE THE CITY’S REASONABLE RATEMAKING EXPENSES; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND THE CITY’S LEGAL COUNSEL.  Staff report by City Manager Julie Oakley – Present via videoconference: Thomas Brocato.  Citizen participation – No one spoke.  Council discussion/action – Councilmember Vance moved to approve resolution 2020- 04-20-02 - a Resolution of the city of Lakeway denying Texas Gas Service company’s requested rate increase; requiring the company to reimburse the city’s reasonable ratemaking expenses; finding that the meeting at which this resolution is passed is open to the public as required by law; requiring notice of this resolution to the company and the city’s legal counsel. Councilmember Mastrangelo seconded and the motion passed unanimously. 13 FINAL PLAT - A REQUEST FROM CARLSON, BRIGANCE & DOERING, INC., ON BEHALF OF RH LAKEWAY DEVELOPMENT LTD., OWNER OF APPROXIMATELY 10 ACRES OF LAND LOCATED EAST OF TOMICHI TR. AND SOUTH OF THE CROSSWIND DR. AND HORNSBY LN. INTERSECTION FOR APPROVAL OF A FINAL PLAT FOR LAKEWAY HIGHLANDS PHASE 3, SECTION 5.  Staff report by Building and Development Services Director Charlotte Hodges. Participating via videoconference: Bill Hayes. Page 9 of 40   Citizen participation – The following persons spoke via videoconference: Christy Muse and Kristi Stogo.  Council discussion/action – Councilmember Kumar moved to approve the final plat for Lakeway Highlands Phase 3, Section 5. Councilmember Howell seconded and the motion passed 5-2 with Councilmember Mastrangelo and Councilmember Vance opposed. 14 FINAL PLAT - A REQUEST FROM CARLSON, BRIGANCE & DOERING, INC., ON BEHALF OF RH LAKEWAY DEVELOPMENT LTD., OWNER OF APPROXIMATELY 13.8 ACRES OF LAND LOCATED EAST OF TOMICHI TR. AND SOUTH OF THE CROSSWIND DR. AND HORNSBY LN. INTERSECTION FOR APPROVAL OF A FINAL PLAT FOR LAKEWAY HIGHLANDS PHASE 3, SECTION 6A.  Staff report by Building and Development Services Director Charlotte Hodges.  Citizen participation The following persons spoke via videoconference: Kristi Stogo and Christy Muse.  Council discussion/action – Councilmember Kumar moved to approve the final plat for Lakeway Highlands Phase 3, Section 6A. Councilmember Howell seconded and the motion passed 5-2 with Councilmember Mastrangelo and Councilmember Vance opposed. 15 SPECIAL USE PERMIT - A REQUEST FROM GRAY ENGINEERING, INC. ON BEHALF OF THE OWNER OF APPROXIMATELY 25 ACRES OF LAND WITH FRONTAGE ALONG BEE CREEK RD. NORTH OF LAKE TRAVIS MIDDLE SCHOOL FOR APPROVAL OF A SPECIAL USE PERMIT (SUP) TO ALLOW FOR A CONTINUING CARE RETIREMENT COMMUNITY.  Staff report by Building and Development Services Director Charlotte Hodges – Participating via videoconference: Richard Grayum, Craig Holmes and Greg Hunteman.  Citizen participation – No one spoke.  Council discussion/action – Councilmember Kumar moved to deny the request for a special use permit. Councilmember Howell seconded and the motion passed 5-2 with Councilmember Smith and Councilmember Vance opposed. 16 CONTRACT AWARD - PARKS, RECREATION, AND OPEN SPACE MASTER PLAN.  Report by Parks and Recreation Committee Chair Erwin Boettcher - Participating via video conference: Erwin Boettcher.  Citizen participation – The following persons spoke via video conference: Alexa Walker and Christy Muse.  Council discussion/action – Mayor Pro Tem Higginbotham moved to approve the contract award for the Parks, Recreation, and Open Space Master Plan to Dunaway Associates at $53,200. Councilmember Vance seconded and the motion passed unanimously. 17 TRAIL CONNECTIVITY PLAN.  Staff report by Parks and Recreation Committee Chair Erwin Boettcher.  Citizen participation – The following persons spoke via videoconference: Tom Kilgore.  Council discussion/action – Councilmember Smith moved to table the item to the next May meeting. Councilmember Kumar seconded and the motion passed unanimously. 18 CITIZENS PARTICIPATION FOR ITEMS NOT ON THIS AGENDA – The following persons spoke via videoconference: Kristi Stogo and Tom Kilgore. Page 10 of 40 Mayor Cox called for Executive Session at 9:58 p.m. Reconvened to Regular Session at 11:25 p.m. No action was taken in Executive Session. 19 EXECUTIVE SESSION. ENTER INTO EXECUTIVE SESSION TO DELIBERATE REGARDING THE PURCHASE, EXCHANGE, LEASE, OR VALUE OF REAL PROPERTY, AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTION 551.072, AND TO OBTAIN LEGAL ADVICE FROM COUNSEL, AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTION 551.071 (CONSULTATION WITH ATTORNEY). NO ACTION WILL BE TAKEN IN EXECUTIVE SESSION; ACTION, IF ANY, WILL BE TAKEN IN OPEN SESSION. a. Legal and Real Estate Issues Relating to the Oaks PUD/Stratus Properties. 20 EXECUTIVE SESSION. ENTER INTO EXECUTIVE SESSION TO DELIBERATE REGARDING THE PURCHASE, EXCHANGE, LEASE, OR VALUE OF REAL PROPERTY, AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTION 551.072, AND TO OBTAIN LEGAL ADVICE FROM COUNSEL, AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTION 551.071 (CONSULTATION WITH ATTORNEY). NO ACTION WILL BE TAKEN IN EXECUTIVE SESSION; ACTION, IF ANY, WILL BE TAKEN IN OPEN SESSION. a. Legal and Real Estate Issues Relating to Possible YMCA MOU. 21 EXECUTIVE SESSION. ENTER INTO EXECUTIVE SESSION TO DELIBERATE REGARDING THE PURCHASE, EXCHANGE, LEASE, OR VALUE OF REAL PROPERTY, AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTION 551.072, AND TO OBTAIN LEGAL ADVICE FROM COUNSEL, AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTION 551.071 (CONSULTATION WITH ATTORNEY). NO ACTION WILL BE TAKEN IN EXECUTIVE SESSION; ACTION, IF ANY, WILL BE TAKEN IN OPEN SESSION. a. Legal and Real Estate Issues Relating to the Lakeway Highlands/Rough Hollow Development Agreement. 22 ADJOURNMENT- Meeting adjourned at 11:28 p.m. Passed and approved this 18th day of May, 2020. _______________________________ Sandra. L. Cox, Mayor _________________________________ Jo Ann Touchstone, City Secretary Page 11 of 40  AGENDA City Council Special Meeting Monday, May 4, 2020 1102 Lohmans Crossing Road, Lakeway, TX 78734 6:30 PM VIA VIDEOCONFERENCE MINUTES This meeting of the Lakeway City Council will be conducted via videoconference, pursuant to Governor Abbott’s Temporary Suspension of Open Meetings Laws issued on March 16, 2020. As always, you may watch the meeting using the city’s live stream at: https://www.lakeway-tx.gov/1062/Videos---Meetings-Events. There will be no in-person attendance at this meeting. Citizen Participation on posted agenda items will occur via telephone. If you wish to provide comments on a specific agenda item via telephone during the meeting, submit a public comment form on the city website before 3:00 pm Monday, May 4, 2020. Go to https://lakeway-tx.civicweb.net/Portal/CitizenEngagement.aspx to complete the form. Email joanntouchstone@lakeway-tx.gov if you have any questions regarding citizen participation. City staff will send an email providing instructions for commenting during public participation via videoconference directly to those registered to comment. The same rules apply to telephone comments as to in- person comments. They must be on the topic of the agenda item, and they must be no more than 3 minutes in length. 1 ESTABLISH QUORUM AND CALL TO ORDER – Present: Mayor Cox, Mayor Pro Tem Higginbotham, Councilmember Howell, Councilmember Kumar, Councilmember Mastrangelo, Councilmember Smith and Councilmember Vance. Also present: City Manager Julie Oakley, City Attorney Cobby Caputo, City Secretary Jo Ann Touchstone, Parks and Recreation Director Andra Bennett and Director of Communications Jarrod Wise. (all via videoconference). 2 PLEDGE OF ALLEGIANCE. 3 CITIZEN PARTICIPATION FOR THE CONSENT AGENDA – No one spoke. CONSENT AGENDA All items may be approved by one Council vote. Members of the Council may pull items from the Consent Agenda for discussion. 4 RESOLUTION NO. 2020-05-04-01 CORONAVIRUS EMERGENCY SUPPLEMENTAL FUNDING PROGRAM TO THE OFFICE OF THE GOVERNOR. Page 12 of 40 Councilmember Smith moved to approve the consent agenda. Mayor Pro Tem Higginbotham seconded and the motion passed unanimously. END CONSENT AGENDA 5 PRESENTATION FROM CHARTER REVIEW COMMITTEE.  Presentation from Charter Review Committee Chair Dave DeOme.  Citizen participation – No one spoke.  Council discussion/action – No action was taken. Directed committee to meet, review data, and bring back draft ballot language to future council meeting. Mayor Cox called for a ten minute recess at 9:01 p.m. Reconvened to open session at 9:11 p.m. 6 TRAIL CONNECTIVITY PLAN.  Report from Parks & Recreation Committee Chair Erwin Boettcher.  Citizen participation – No one spoke.  Council discussion/action – Councilmember Kumar moved to approve the Trail Connectivity Plan. Mayor Pro Tem Higginbotham seconded and the motion passed unanimously. Councilmember Smith moved to approve hiring Huitt Zollars to do study as proposed in the April 27, 2020 letter to Ruena Victorino for project costs of one bridge, four recreation trails and two sidewalks. Councilmember Mastrangelo seconded and the motion passed unanimously. 7 SWIM CENTER POLICY DISCUSSION.  Staff report by Parks and Recreation Director Andra Bennett.  Citizen participation – The following persons spoke via videconference: Steve Jones and Richard Leibowitz.  Council discussion/action – Councilmember Kumar moved to have the City Manager and Parks & Recreation Director Andra Bennett draft a Request for Proposals. Councilmember Howell seconded. Councilmember Kumar amended motion to have the City Manager and Parks & Recreation Director Andra Bennett draft a Request for Proposals to include current services and exclude the Lakeway Lakers/non-profit groups. Councilmember Howell seconded the amended motion and the motion passed unanimously. 8 PERSONNEL POLICY REVIEW AND IMPLEMENTATION OF SALARY SURVEY.  Staff report by City Manager Julie Oakley.  Citizen participation – The following person spoke via videoconference: Tom Kilgore.  Council discussion/action - Mayor Pro Tem Higginbotham moved to adopt the recommendations of the personnel policy review and salary survey by Evergreen Solutions. Councilmember Howell seconded and the motion passed unanimously. 9 DISCUSSION ON THE USE OF HOTEL TAX MONIES FOR ECONOMIC RECOVERY.  Report from Mayor Cox – Gave brief overview and will bring to a future meeting. Page 13 of 40   Citizen participation – No one spoke.  Council discussion/action – No action was taken. Mayor Cox called for Executive Session at 11:25 p.m. Reconvened to open session at 11:48 p.m. No action was taken in Executive Session. The following motion was made in open session for item 11: Mayor Pro Tem Higginbotham moved to authorize the Mayor to sign YMCA memorandum of understanding. Councilmember Vance seconded and the motion passed unanimously. 10 EXECUTIVE SESSION. ENTER INTO EXECUTIVE SESSION TO DELIBERATE REGARDING THE PURCHASE, EXCHANGE, LEASE, OR VALUE OF REAL PROPERTY, AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTION 551.072, AND TO OBTAIN LEGAL ADVICE FROM COUNSEL, AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTION 551.071 (CONSULTATION WITH ATTORNEY). NO ACTION WILL BE TAKEN IN EXECUTIVE SESSION; ACTION, IF ANY, WILL BE TAKEN IN OPEN SESSION.  Legal and Real Estate Issues Relating to the Oaks PUD/Stratus Properties 11 EXECUTIVE SESSION. ENTER INTO EXECUTIVE SESSION TO DELIBERATE REGARDING THE PURCHASE, EXCHANGE, LEASE, OR VALUE OF REAL PROPERTY, AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTION 551.072, AND TO OBTAIN LEGAL ADVICE FROM COUNSEL, AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTION 551.071 (CONSULTATION WITH ATTORNEY). NO ACTION WILL BE TAKEN IN EXECUTIVE SESSION; ACTION, IF ANY, WILL BE TAKEN IN OPEN SESSION.  Legal and Real Estate Issues Relating to Possible YMCA MOU (see action in open session above) 12 EXECUTIVE SESSION. ENTER INTO EXECUTIVE SESSION TO DELIBERATE REGARDING THE PURCHASE, EXCHANGE, LEASE, OR VALUE OF REAL PROPERTY, AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTION 551.072, AND TO OBTAIN LEGAL ADVICE FROM COUNSEL, AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTION 551.071 (CONSULTATION WITH ATTORNEY). NO ACTION WILL BE TAKEN IN EXECUTIVE SESSION; ACTION, IF ANY, WILL BE TAKEN IN OPEN SESSION.  Legal and Real Estate Issues Relating to the Lakeway Highlands/Rough Hollow Development Agreement 13 ADJOURNMENT – Meeting adjourned at 11:49 p.m. Signed this _____________ day of _____________, 2020. ______________________________ Sandra L. Cox, Mayor __________________________________ Jo Ann Touchstone, City Secretary Page 14 of 40 Cobby Caputo, City Attorney Staff Report ___________________________________________________________________________ Meeting date: May 18, 2020 Agenda item: Resolution 2020-05-18-02 of the City of Lakeway, Texas Permitting the Use and Recognizing the Validity of Certain Electronic Signatures Background: Chapter 322 of the Texas Business and Commerce Code, also known as the Texas Uniform Electronic Transactions Act (UETA), allows the City of Lakeway to use electronic signatures for ordinances, resolutions and other official records that will be created and/or stored electronically. Pursuant to the Texas UETA, if a law requires a signature, as the City Charter does in Section 3.16, that requirement is met if the document contains an electronic signature. (See Tex. Business and Commerce Code § 322.007(d)). Under the UETA, an electronic signature means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. (See § 322.002(8)). Section 322.009(a) states that “[a]n electronic record or electronic signature is attributable to a person if it was the act of the person.” Section 322.007(a) also states that, “a record or signature may not be denied legal effect or enforceability solely because it is in electronic form”; and other provisions of the law provide for storage and archiving of electronic documents and signatures. In order to provide more flexibility for the Mayor and the ZAPCO chair (who are the volunteers who generally sign the most documents) to execute documents that will be stored in electronic form, these provisions permit the use of an electronic signature. The attached Resolution is an acknowledgement by Council that electronic signatures may be used, and will have the same force and effect as an actual physical signature. Fiscal Impact: None anticipated. Enclosure(s): Resolution No. 2020-05-18-02 Page 1 of 1 Page 15 of 40  CITY OF LAKEWAY RESOLUTION 2020-05-18-02 A RESOLUTION OF THE CITY OF LAKEWAY, TEXAS PERMITTING THE USE AND RECOGNIZING THE VALIDITY OF CERTAIN ELECTRONIC SIGNATURES WHEREAS, Texas Business and Commerce Code Chapter 322, or the Uniform Electronic Transactions Act, allows the Lakeway City Council (Council) to use or permit the use of electronic signatures for certain purposes; and WHEREAS, section 322.007 provides that if a law requires a record to be in writing and/or requires a signature, an electronic record and/or electronic signature satisfies the law, respectively; and WHEREAS, the Council wishes to permit the use of electronic signatures by the Mayor and by the Chair of the Zoning and Planning Commission on any official documents that require his or her signature. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE LAKEWAY, TEXAS OF TRAVIS COUNTY, TEXAS THAT: Section 1. The foregoing recitals are incorporated into this Resolution by reference as findings of fact as if expressly set forth herein. Section 2. The City Council hereby approves this Resolution and recognizes that an electronic signature used by the Mayor and the Chair of the Zoning and Planning Commission on any official document that requires his or her signature are valid. Section 3. The meeting at which this Resolution was passed was open to the public, and public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act, Texas Government Code, Chapter 551. PASSED & APPROVED this, the 18th day of May 2020, by the City Council of the City of Lakeway, Texas. CITY OF LAKEWAY: By: _____________________ Sandra L. Cox, Mayor ATTEST: _________________________________________ Jo Ann Touchstone, City Secretary Resolution No. 2020-05-18-02 Page 16 of 40 Page 17 of 40 Page 18 of 40 Page 19 of 40 Page 20 of 40 Page 21 of 40 Page 22 of 40 Page 23 of 40 Page 24 of 40 Page 25 of 40 Page 26 of 40  City of Lakeway Treasurer’s Report April 30, 2020 The City continues to operate within its resources. All payments have been made on the order of the City Manager, attested by the Finance Director under the seal of the City. The Treasurer has reviewed the Financial Report of the City for April 30, 2020, which will be presented to the Council by the Finance Director. The city continues to be in a strong financial position. Cash Baiances within the City's Funds were as follows: General Fund 5 7,334,352 Hotel Occupancy Tax Fund 6,130,318 Capital Reserve Fund 3,785,797 Capital Project -PD Facility 264,940 AllOther Funds 4,164,375 Total S 21,679,782 The cash was held in the following institutions: TexPool 5 12,067,500 Prosperity Bank 9,609,589 Petty Cash 2,694 Total $ 21,679,783 / The City has four CDs in the amount of $245,000 each. One of these CD5matures in February 2021 ,.one in March 2021 and two in July 2021. Respectfully, %” ‘ James A. Nelson Treasurer Page 27 of 40  April 18, 2020 Agenda item # 11 Financial Report Shereen Gendy, CPA Page 28 of 40  FY20 GENERAL FUND BUDGET VS ACTUALS COMPARISON PERMITS & LICENSES FINES & FEES 203,859 SALES & MIXED 1,008,264 BEVERAGE TAX INTEREST INCOME… 2,766,000 MISCELLANEOUS… PARKS & RECREATION 1,750 REVENUE ACTIVITY CENTER 156,874 Budget $ 10,553,433 SWIM CENTER 26,244 DONATIONS Actual 10,628,981 FRANCHISE /GRANTS 21,544 FEES 306,811 Variance $ 75,548 AD VALOREM TAXES $5,974,375 Page 29 of 40  FY20 GENERAL FUND BUDGET VS ACTUALS COMPARISON GENERAL SERVICES ACTIVITY CENTER $468,925 ADMINISTRATION SWIM CENTER 355,525 500,164 PARKS & RECREATION 209,132 766,776 FINANCE 309,337 EXPENDITURES Budget $ 7,880,467 BLDG & DEVELOPMENT Actual 7,304,679 SERVICES 908,854 Variance $ 575,788 PUBLIC Page 30 of 40 MUNICIPAL COURT WORKS 350,765 POLICE 2,996,616 438,586  Julie Oakley, CPA City Manager Staff Report ___________________________________________________________________________ Meeting date: May 18, 2020 Agenda item: Ordinance No. 2020-05-18-01 Background: Special events can place unique demands on resources or pose danger to public health and safety without appropriate planning. The attached ordinance enables the City of Lakeway to schedule adequate services such as police, traffic control, and sanitation to support special events. An application for a special event permit will be filed with the Assistant City Manager or their designee. The application will include items such as the anticipated number of persons expected to attend, city facilities or streets involved, and a description of any equipment, banners or signage intended to be used. The ordinance also includes standards for issuance of the permit and an appeal process should a denial occur. A certificate of insurance showing commercial general liability coverage, including premises operations, independent contractors, personal injury, and contractual liability, at a combined single limit of five hundred thousand dollars ($500,000) per occurrence will be required. Fiscal Impact: An application fee to cover administrative costs of processing the permit will be $250. The applicant will also be required to pay a deposit for costs such as barricading, policing, sanitation and clean-up expenses prior to the issuance of a permit. A true-up of costs will occur after the conclusion of the event. Enclosure(s): Ordinance No. 2020-05-18-01 Page 31 of 40  CITY OF LAKEWAY, TEXAS ORDINANCE NO. 2020-05-18-01 AN ORDINANCE OF THE CITY OF LAKEWAY, TEXAS, ADDING THE CODE OF ORDINANCES, TITLE I: GENERAL ORDINANCES; CHAPTER 16: PUBLIC WAYS AND PLACES; ARTICLE 16.04: SPECIAL EVENT PERMITS; AND AMENDING APPENDIX A FEE SCHEDULE; ARTICLE A2.000: MISCELLANEOUS FEES; SECTION A2.005: SPECIAL EVENT PERMIT; AND ADDING ARTICLE A5.000: PARKS AND RECREATION; SECTION A5.006: GENERAL PARK FEES; AND PROVIDING FOR SAVINGS, SEVERABILITY, REPEALER, AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Lakeway, Texas (“City”) seeks to provide for the health, safety, and welfare of its citizens and provide for the orderly development and use of land within its corporate limits and its extraterritorial jurisdiction; and WHEREAS, the City recognizes that due to their size and special requirements, some gatherings or organized activities may place unique demands on resources or pose a danger to public health, safety, welfare; and in order to plan for these demands on public resources and to ensure that public health and safety is protected, it is necessary that the City receive advance notice of these special events; and WHEREAS, the provisions of this ordinance are intended to address those concerns and are not intended to place unnecessary burden on any individual’s right to association or freedom of expression; and WHEREAS, the City Council seeks to promote orderly and safe use of property within the City by regulating special events, and the regulations established are in furtherance of the public interest, for the good government, peace, and order of the City. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Lakeway, Texas: 1. FINDINGS OF FACT The foregoing recitals are incorporated into this Ordinance by reference as findings of fact as if expressly set forth herein. 2. AMENDMENT The City of Lakeway Code of Ordinances, Title I (General Ordinances), Chapter 16 (Public Ordinance No. 2020-05-18-01 Page 1 of 9 Page 32 of 40 Ways and Places), Article 16.04 (Special Event Permits), is hereby added, and; Appendix A Fee Schedule, Article A2.000 (Miscellaneous Fees), Section A2.005 (Special Event Permit) is hereby amended, and; Article A5.000 (Parks and Recreation), Section A5.006 (General Park Fees) is hereby added of as follows: “Chapter 16 Public Ways and Places” ARTICLE 16.04 - SPECIAL EVENTS Sec. 16.04.001 - Definitions Special Event. A temporary event, gathering, or organized activity, including but not limited to street fairs, craft shows or fairs, trade shows, assembly events, races, runs, rallies, parades, or other similar events or attractions that involve one or more of the following: 1) Take place in whole or in part on city property; or 2) Impact a city street, sidewalk, walkway, or other city public right-of-way, or otherwise interfere with the normal flow or regulation of pedestrian or vehicular traffic; or 3) Require special city services such as road closures, barricades, special parking considerations, temporary signage or security; or 4) The proposed activities in the event are inconsistent with the permanent use to which the property may legally be used. Sec. 16.04.002 - Events not covered by this article This article shall not apply to events involving the use of municipal facilities for which a separate permit or agreement is required, or to land uses authorized under the city's land use regulations, either as a permitted or specific use in a zoning district. Sec. 16.04.003 - Permit required No person shall engage in or conduct a special event unless a permit is issued by the assistant city manager or authorized designee. Sec. 16.04.004 - Application 1) A person seeking a special event permit shall file an application with the assistant city manager or authorized designee. 2) An application for a permit shall be filed at least ninety (90) days and not more than one hundred eighty (180) days before the event is proposed to commence. The assistant city manager or authorized designee may waive the minimum ninety (90) day filing period and accept an application filed within a shorter period if, after due consideration of the date, time, place, and nature of the event, the anticipated number of participants, and the city services required in connection with the event, it is determined that the waiver of the filing deadline will not present a hazard to public safety. Ordinance No. 2020-05-18-01 Page 2 of 9 Page 33 of 40 3) The application for an event permit shall set forth the following information: (a) The name, address, and telephone number of the person seeking to conduct such event; (b) The names, addresses, and telephone numbers of the headquarters of the organization for which the event is to be conducted, if any, and the authorized and responsible heads of the organization; (c) The requested date of the event; (d) If a parade or a running, walking, or cycling event, the route to be traveled, including the starting point and the termination point; (e) If a parade, the approximate number of persons who will be marching in the parade, and the number and type of animals (if any) and a description and number of motor vehicles involved (if any); (f) The hours when such event will start and terminate; (g) Anticipated peak attendance times; (h) The location by street, address, or place of any assembly area(s) for such event; (i) If a street is involved, a statement as to whether the event will occupy all or only a portion of the width of the street(s) proposed to be traveled, and whether temporary street closure is necessary or desired; (j) The time at which units of the event will begin to assemble at any such area; (k) If a parade, the intervals of space to be maintained between units of such event; (l) If the event is designed to be held by or on behalf of any person other than the applicant, the applicant for such permit shall file a letter from that person authorizing the applicant to apply for the permit on their behalf; (m) The type of public assembly, including a description of activities planned during the event; (n) A description of any recording equipment, sound amplification equipment, banners, signs, or other attention-getting devices to be used in connection with the event; (o) If a Special Event other than a parade, the anticipated number of participants, and the anticipated number of employees or volunteers involved in staging and running the event; (p) The anticipated number of spectators; (q) Designation of any public facilities or equipment to be utilized; (r) Signed approval from the property owner(s) if the event is located in whole or in part on private property; (s) Proposed location of portable restrooms, if required. Generally, such facilities shall be placed so that the doors face away from the street; (t) Temporary and mobile food vending operations, if proposed, shall comply with Code of Ordinances, Article 10.03: Food Service and Food Products; Ordinance No. 2020-05-18-01 Page 3 of 9 Page 34 of 40  (u) Fireworks, if proposed, shall comply with Code of Ordinances, Article 8.02: Fireworks; and (v) Any additional information that the assistant city manager or authorized designee finds reasonably necessary to make a fair determination as to whether a permit should be issued. Sec. 16.04.005 - Fees 1) A nonrefundable fee to cover administrative costs of processing the permit shall be paid to the city by the applicant when the application is filed. The type and amount of the applicable fees are included in Appendix A. 2) If the application is for the use of any city property or if any city services will be required for the event, the applicant shall pay (prior to the issuance of a permit) the charges for those services in accordance with the city’s fee schedule for such services. Sec. 16.04.006 – Event signage Event signage shall conform with the provisions of Chapter 26 of this Code of Ordinances. Sec. 16.04.007 - Police protection 1) The chief of police shall determine whether and to what extent additional police protection is reasonably necessary for the event for traffic control and public safety. (a) The chief of police shall base this decision on the size, number of participants, location, duration, time, and date of the event, the expected sale or service of alcoholic beverages, the number of streets and intersections blocked, and the need to detour or preempt citizen travel and use of the streets and sidewalks. (b) The speech content of the event shall not be a factor in determining the amount of police protection necessary. (c) If possible without disruption of ordinary police services or compromise of public safety, regularly scheduled on-duty personnel will police the event. (d) If additional police protection is deemed necessary by the chief of police, the applicant for the permit shall be so informed. The applicant then shall have the duty to secure the police protection deemed necessary by the chief of police at the sole expense of the applicant. 2) Special event permittees are allowed to engage and utilize private security services for an event in lieu of hiring city police personnel if approved by the chief of police as equivalent in ability to protect the peace as the police department, given the nature of the event. Sec. 16.04.008 - Standards for issuance 1) The assistant city manager or authorized designee shall issue a permit as provided for herein after consideration of the application and any such other information as may otherwise be obtained, if he or she finds that: Ordinance No. 2020-05-18-01 Page 4 of 9 Page 35 of 40  (a) The conduct of the event will not substantially interrupt the safe and orderly movement of other pedestrian or vehicular traffic contiguous to its route or location; (b) The conduct of the event will not require the diversion of so great a number of city police officers to properly police the line of movement and the areas contiguous thereto as to prevent the normal police protection of the city; (c) The concentration of persons, animals, and vehicles at public assembly points of the event will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such public assembly areas; (d) The conduct of the event is not reasonably likely to cause injury or illness to persons or property; (e) If a parade is involved, the event is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route; (f) Adequate sanitation and other required health facilities are or will be made available in or adjacent to any public assembly areas; (g) There are sufficient parking places near the site of the event to accommodate the number of vehicles reasonably expected; (h) The applicant has secured the police protection or private security personnel, if any, that is required under this chapter; (i) No special event permit application for the same time and location is already granted or has been received and will be granted; (j) No special event permit application for the same time but a different location is already granted or has been received and will be granted, and the police resources required for that prior event are so great that, in combination with the subsequent proposed application, the resulting deployment of police services would have any immediate and adverse effect upon the welfare and safety of persons and property; and (k) No event is scheduled elsewhere in the city where the police resources required for that event are so great that the deployment of police services for the proposed event would have an immediate and adverse effect upon the welfare and safety of persons and property. 2) No permit shall be granted that allows for the erection or placement of any structure, whether permanent or temporary, on a city street, sidewalk, or right-of-way unless advance approval for the erection or placement of the structure is obtained as part of the permit application. Sec. 16.04.009 - Nondiscrimination The assistant city manager or authorized designee shall uniformly consider each application upon its merits and shall not discriminate in granting or denying permits under this article based upon political, religious, ethnic, race, disability, sexual orientation, or gender related grounds. Ordinance No. 2020-05-18-01 Page 5 of 9 Page 36 of 40 Sec. 16.04.010 - Notice of denial The assistant city manager or authorized designee shall act promptly upon a timely filed application for an event permit but in no event shall grant or deny a permit less than forty-five (45) days prior to the event. If the assistant city manager or authorized designee denies the application, the applicant shall be notified of this action and state the reasons for denial. Sec. 16.04.011 - Appeals Any applicant shall have the right to appeal the denial of an event permit to the city manager. The denied applicant shall promptly make the appeal after receipt of the denial by filing a written notice with the city secretary by email or personal delivery within five (5) days of the date of the denial. The city manager shall act upon the appeal within five (5) days of receipt of the appeal. If the city manager denies the appeal, the applicant shall be notified of this action and state the reasons for denial. The applicant shall then have the right to further appeal the denial to the city council at the next scheduled meeting by filing a written notice with the city secretary within five (5) days of the denial. Sec. 16.04.012 - Notification of public officials Upon the filing of a special event permit, the assistant city manager or authorized designee shall send a copy thereof to the following for review and comment: 1) The director of each city department; 2) Travis County Emergency Services District No. 6 Sec. 16.04.013 - Permits Each event permit shall state the following information: 1) Purpose and name of the event; 2) Name(s) and contact information of person(s) responsible for conducting the event; 3) Starting and approximate ending time; 4) If a parade is involved, the maximum and minimum speed of parade units, maximum and minimum intervals of space to be maintained between parade units, portions of the streets that may be occupied by the event, and the maximum length of the parade in miles or fractions thereof; 5) Any special conditions regarding particular events, number of animals, level of noise allowed, maximum number of persons allowed in any building at one time, insurance requirements, or other conditions specific to the event; 6) Authorization to use or restrictions on use of particular public property; Ordinance No. 2020-05-18-01 Page 6 of 9 Page 37 of 40  7) Such other information as the assistant city manager or authorized designee shall find necessary to the enforcement of this article. Sec. 16.04.014 - Duties of permittee; Payment of City Costs, Insurance and Indemnification requirements 1) A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances. 2) The event chairman or other person heading such activity shall carry the event permit upon his or her person during the conduct of the event. 3) Prior to the issuance of a permit, the applicant shall be required to file with the assistant city manager or authorized designee security in an amount which will cover the estimated costs of barricading, policing (including but not limited to, all costs relating to traffic- control devices and any on-duty and overtime police services required for the event), and cleaning up the event site and/or parade route. (a) Upon submission of the application, the assistant city manager or authorized designee shall calculate the estimated costs based on the information contained in the application. (b) No less than forty-five (45) days before the event is proposed to commence, the assistant city manager or authorized designee will provide the cost estimate to the applicant. The applicant shall deposit cash, bond, money order, or cashier's check (no personal checks will be accepted) sufficient to cover these estimated expenses. This deposit shall be made no later than twenty (20) days prior to the date which the event is proposed to commence. (c) After the event has been completed, the assistant city manager or authorized designee shall deduct the costs of barricading, policing, and cleaning up the event site and/or parade route from the deposited amount. The city shall then return any remaining balance from the deposit to the permit holder within thirty (30) days after the event. (d) In the event that the assistant city manager or authorized designee underestimated barricading, policing, and cleanup costs and there remains a balance due after applying the deposited amount toward these expenses, the permit holder will receive from the city a bill for the difference. The city shall provide such bill to the permit holder within fourteen (14) days after the event. (e) The payment for the outstanding balance of the cost of the event shall be due to the city within thirty (30) days after the date of the event. 4) At least twenty (20) days prior to the date of the event, the permit holder shall submit to the assistant city manager or authorized designee a certificate of insurance showing commercial general liability coverage, including premises operations, independent contractors, personal injury, and contractual liability, at a combined single limit of five hundred thousand dollars ($500,000.00) per occurrence or such other amount as determined by the assistant city manager or designee according to identified risks involved with the event. The city shall be named as an additional insured and provided Ordinance No. 2020-05-18-01 Page 7 of 9 Page 38 of 40  with at least thirty (30) days’ advance notice of cancellation or material alteration of the insurance policy. The policy must be provided by a company licensed to do business in Texas and authorized by the Texas Department of Insurance to provide such policies of insurance in Texas. 5) Applicant shall also execute an indemnification agreement with the city, in a form acceptable to the City Attorney. Sec. 16.04.015 - Revocation of permit The city manager or authorized designee shall have the authority to revoke an event permit instantly upon violation of the conditions or standards for issuance as set forth in this article, or when a public emergency arises where the police resources required for that emergency are so great that deployment of police services for the event would have an immediate and adverse effect upon the welfare and safety of persons or property. “Appendix A: Fee Schedule” ..... Sec. A2.005 Special event permit 1) Each application for a special event permit shall be $ 250.00. 2) Use of Lakeway Police Department personnel for special event security shall be at the rate of $ 50.00 an hour per officer with a 4-hour minimum requirement. 3) Use of City trash receptacles and services shall be at the rate of $ 10.00 per receptacle.” “ARTICLE A5.000 PARKS AND RECREATION Sec. A5.006 General park fees” 1) Use of City trash receptacles and services shall be at the rate of $10.00 per receptacle.” 3. SAVINGS The repeal of any ordinance or part of ordinances effectuated by the enactment of this Ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying or altering any penalty accruing or to accrue, or as affecting any rights of the City under any section or provisions of any ordinances at the time of passage of this Ordinance. 4. SEVERABILITY If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be unconstitutional, such holding shall not affect the validity of the remaining portions of this Ordinance. Ordinance No. 2020-05-18-01 Page 8 of 9 Page 39 of 40  5. REPEALER All Ordinances, or parts thereof, that are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters regulated, herein. 6. EFFECTIVE DATE This Ordinance shall be effective immediately upon passage and publication as provided for by law. 7. PROPER NOTICE & MEETING It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public, and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act, Texas Government Code, and Chapter 551. Notice was also provided as required by Chapter 52 of the Texas Local Government Code. PASSED & APPROVED this, the 18th day of May, 2020, by the City Council of Lakeway, Texas. CITY OF LAKEWAY: By: ____________________ Sandra L. Cox, Mayor ATTEST: _________________________________________ Jo Ann Touchstone, City Secretary Ordinance No. 2020-05-18-01 Page 9 of 9 Page 40 of 40