City Council Special Meeting

AGENDA City Council Special Meeting Monday, April 5, 2021 City Hall 1102 Lohmans Crossing Road Lakeway, TX 78734 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, April 5, 2021. 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 CITIZEN PARTICIPATION FOR THE CONSENT AGENDA. CONSENT AGENDA All items may be approved by one Council vote. Members of the Council may pull items from the Consent Agenda for discussion. Page 1 of 33  4 RESOLUTION NO. 2021-04-05-01 APPROVING THE APPOINTMENT OF A TREASURER UNDER CITY CHARTER SECTION 4.06. Resolution No. 2021-04-05-01 5 END CONSENT AGENDA 5 PRESENTATION REGARDING UNDEVELOPED PORTIONS OF THE OAKS PLANNED UNIT DEVELOPMENT. • Presentation by Stratus Properties, Inc. • Citizen participation. • Council discussion/action. 6 FLINT ROCK ROAD TRAFFIC STUDY. • Presentation by Huitt-Zollars, Inc. • Citizen participation. • Council discussion/action. 7 LICENSE AGREEMENT WITH LAKEWAY MUNICIPAL UTILITY DISTRICT. • Staff report by City Manager Julie Oakley. • Citizen participation. • Council discussion/action. Staff Report 6 - 29 License Agreement 8 ORDINANCE NO. 2021-04-05-01 - BUDGET AMENDMENT # 3 AMENDING THE FY 2021 ANNUAL BUDGET AUTHORIZING SALARY CHANGES. • Staff report by City Manager Julie Oakley. • Citizen participation. • Council discussion/action. Staff Report 30 - 33 Ordinance No. 2021-04-05-01 Exhibit A 9 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. Page 2 of 33  • Legal and Real Estate Issues Relating to Possible Main Street Public Improvement District. 10 EXECUTIVE SESSION. ENTER INTO EXECUTIVE SESSION TO DELIBERATE REGARDING REVIEW OF CHARTER SECTION 4.07 AND ARTICLE 12.03 OF THE CODE OF ORDINANCES RELATING TO THE POLICE DEPARTMENT, AND REVIEW OF POLICE DEPARTMENT POLICIES, AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTION 551.071 (CONSULTATION WITH ATTORNEY) AND SECTIONS 551.071 AND 551.089 (DEPLOYMENT, OR SPECIFIC OCCASIONS FOR IMPLEMENTATION OR DEPLOYMENT OF SECURITY PERSONNEL AND SECURITY DEVICES). NO ACTION WILL BE TAKEN IN EXECUTIVE SESSION; ACTION, IF ANY, WILL BE TAKEN IN OPEN SESSION. 11 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. • Project Granite. 12 ADJOURN. Signed this 1st day of April, 2021. ________________________________ 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 1st day of April, 2021 at 4:00 p.m. 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. _________________________________ Page 3 of 33 Jo Ann Touchstone, City Secretary Page 4 of 33  CITY OF LAKEWAY RESOLUTION NO. 2021-04-05-01 APPROVING THE APPOINTMENT OF A TREASURER UNDER CITY CHARTER SECTION 4.06 WHEREAS, Section 4.06 of the City Charter provides that the Mayor, subject to the approval of the City Council, shall appoint a Treasurer and such Assistant Treasurers as the Council may deem advisable; and WHEREAS, Mayor Sandra L. Cox hereby appoints Harold Copher, Jr. to fill the Office of Treasurer for the City of Lakeway; and WHEREAS, Mayor Sandra L. Cox hereby requests that the City Council approve and ratify said appointment. NOW THEREFORE BE IT RESOLVED, by the City Council of Lakeway, Texas: Section 1. The City Council hereby approves and ratifies the Mayor’s appointment of Harold Copher, Jr. to the position of Treasurer with all powers, duties and responsibilities attendant to the Office. Section 2. That it is hereby officially found and determined that the meeting at which this resolution is passed is open to the public and that public notice of the time, place, and purpose of said meeting was given as required by law. PASSED AND APPROVED this the 5th day of April, 2021. ________________________________ Sandra L. Cox, Mayor ATTEST: ____________________________ Jo Ann Touchstone, City Secretary Resolution No. 2021-04-05-01 Page 1 of 1 Page 5 of 33  Julie Oakley, CPA City Manager ___________________________________________________________________________ Staff Report Meeting date: April 5, 2021 Agenda item: License Agreement with Lakeway Municipal Utility District Background: A public restroom facility was constructed to serve the Canyonlands public trail system approximately five (5) years ago. This facility was placed on Lakeway Municipal Utility District (LMUD) property, just south of their water recycling plant. The City and LMUD have created the attached license agreement to secure the conditions and limitations of the city’s use of the property for the public restroom facilities. Fiscal Impact: $5,000 one-time base fee and $1,000 annual fee. Enclosure(s): Lakeway Municipal Utility District License Agreement Page 1 of 1 Page 6 of 33  LICENSE AGREEMENT LAKEWAY MUNICIPAL UTILITY DISTRICT, a Texas municipal utility district formed and operating under Chapters 49 and 54 of the Texas Water Code, whose principal address for business is 1097 Lohmans Crossing, Lakeway, TX 78734-4459 (“Licensor”), and CITY OF LAKEWAY, TEXAS, a Texas home-rule municipality, whose principal address is 1102 Lohmans Crossing Road, Lakeway, TX 78734-4470 (“Licensee”), enter into this License Agreement (“Agreement”) upon the terms and conditions set forth below. Licensee and Licensor are sometimes referred to individually herein as a “Party” and collectively as “the Parties.” RECITALS WHEREAS, Licensor is a municipal utility district located in Travis County, Texas formed and operating under Tex. Water Code chs. 49 and 54 and provides retail water and wastewater service to customers within and outside of its geographical boundaries. WHEREAS, Licensee is a home rule municipality located in Travis County, Texas. WHEREAS, approximately 5 years prior to the Effective Date of this Agreement, Licensee constructed an approximately 20 foot x 15 foot, 2 person public restroom with 2 toilets and 2 sinks for the benefit of users of Licensee’s Canyonlands Public Trail System, as described and shown in more detail on the attached Exhibit A (the “Licensee’s Improvements”). WHEREAS, the Licensee’s Improvements were constructed by Licensee on property owned by Licensor (specifically, at Licensor’s ”S-5 Plant” a/k/a its “West Plant” or “New World of Tennis Water Recycling Plant”), in the place described and shown in more detail on the attached Exhibit B (the “Licensed Area”). WHEREAS, the Licensor and Licensee now desire to enter this Agreement to set forth the conditions and limitations relating to Licensee’s use of the Licensed Area and obligations regarding the Licensee’s Improvements. NOW, THEREFORE, for and in consideration of the promises and the mutual agreements set forth herein, the Licensor and the Licensee hereby agree as follows: AGREEMENT Page 7 of 33 Effect of Recitals. The Parties agree that the foregoing Recitals are true and correct and are incorporated into this Agreement. Defined Terms. The capitalized words used in this Agreement shall have the meanings assigned to them herein. GRANT OF LICENSE Purpose of Use; Compliance as of Effective Date. Licensor hereby grants to Licensee permission to access via the Canyonlands Trail and use the Licensed Area in accordance with the terms and conditions of this Agreement for the following purpose only: For the operation, maintenance, repair, replacement and use of Licensee’s Improvements on the Licensed Area and for no other purposes. Licensor hereby acknowledges and agrees that Licensee’s current use in is compliance with this Agreement as of the Effective Date. Access to and use of the remainder of Licensor’s property adjacent to the Licensed Area, by Licensee or the public is not permitted. Removal or Modification of Licensee’s Improvements. Removal of all or any part of the Licensee’s Improvements now existing or later replaced on the Licensed Area for any reason shall be at Licensee’s sole cost and expense. Unless it is a repair of the Licensee’s Improvements, no alternations or modifications to the Licensee’s Improvements may be made without first submitting plans and specifications for the requested modifications to the Licensor, allowing Licensor at least forty-five (45) days to review same, and obtaining the prior written consent of Licensor for the requested alterations or modifications, which shall not be unreasonably withheld. No Warranties. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF TITLE, HABITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY OTHER KIND ARISING OUT OF THIS AGREEMENT. Licensee acknowledges and agrees that Licensor has not made, and will not make any representations or warranties, express or implied (expressly including, without limitation, warranties of title, habitability, merchantability, or fitness for a particular purpose) as to the condition of the Licensed Area or with respect to suitability for the purpose herein intended. THIS INCLUDES LATENT OR PATENT DEFECTS IN THE LICENSED AREA, WHICH ARE EXPRESSLY WAIVED BY LICENSEE. By Licensee’s execution of this Agreement, Licensee agrees that it has inspected the Licensed Area and that it accepts the Licensed Area in its "AS IS" condition, and as suitable for the purposes herein authorized. Licensee understands that Licensor is not required to maintain or repair the Licensed Improvements or Licensed Area in any manner. FEES Base Fee: To compensate Licensor for License’s used of the Licensed Area approximatley five (5) years Page 8 of 33  prior to the Effective Date, Licensee shall pay to Licensor a one-time base fee in the amount of FIVE THOUSAND DOLLARS ($5,000.00) (the “Base Fee”), which sum shall be due and payable before 5:00 P.M. on the Effective Date (the “Base Fee Due Date”). If by check, payment of the Base Fee must be received by Licensor on or before the Base Fee Due Date at Licensor’s address for notice provided in this agreement. If by wire, Licensee shall request bank wiring instructions from the Licensor prior to Base Fee Due Date in sufficient time to allow receipt of the funds by Licensor on or before the Base Fee Due Date. Nonpayment or late payment of the Base Fee is a material default of this Agreement. Annual Fee. Commencing on the date that is 365 days after the Effective Date and continuing annually on each anniversary of the Effective Date during the Term of this Agreement (each, an “Annual Fee Due Date”), Licensee shall pay to Licensor an annual fee in the amount of ONE THOUSAND DOLLARS ($1,000.00) (the Annual Fee”) If by check, payment of the Annual Fee must be received by Licensor no later than 5:00 PM on the Annual Fee Due Date at Licensor’s address for notice provided in this Agreement. If by wire, Licensee shall request bank wiring instructions from the Licensor prior each Annual Fee Due Date in sufficient time to allow receipt of the funds by Licensor on or before the Annual Fee Due Date. Nonpayment or late payment of the Annual Fee is a material default of this Agreement, subject to the notice and cure provisions contained Article VII of this Agreement. INSURANCE AND TAXES Insurance. Licensee shall, at its sole expense, maintain the commercial general liability insurance policy, issued by Texas Municipal Intergovernmental Risk Pool, in the form and substance attached hereto as Exhibit C. Licensee shall be responsible for any deductibles stated in the policy. So long as Licensee is using the Licensed Area, Licensee shall not cause such insurance to be canceled nor permit such insurance to lapse. Failure to obtain and to maintain insurance as required by this Section shall constitute a material default of this Agreement, subject to the notice and cure provisions contained in Article VII. Taxes. Licensee shall pay or cause to be paid, prior to delinquency, all taxes (if any) levied or assessed against the Licensee’s Improvements and Licensed Area and all personal property placed by Licensee on the Licensed Area. No Liens. Licensee shall not allow any liens to be placed on the Licensed Area. If any such lien shall be filed against the Licensed Area by reason of work, or services performed at the direction of Licensee, Licensee, within thirty (30) days after the filing thereof will cause the same to fully discharged and released by payment, deposit, bond, order of competent jurisdiction or otherwise. Page 9 of 33  MAINTENANCE AND REPAIR Maintenance and Repair of Licensed Area. Licensee shall at all times during the term of this Agreement keep and maintain the Licensed Area in a sanitary, good, and safe condition and to keep it free from any hazardous or nuisance conditions. Licensee shall also keep the Licensed Area free of hazardous substances, vectors, tall grass and weeds, trash, debris, litter, and nuisance conditions. Licensee shall have no authority to place any temporary or permanent improvements, substances, or materials other than Licensee’s Improvements on the Licensed Area without the prior written approval of Licensor’s General Manager. Licensee agrees that Licensor shall have no responsibility for maintenance of the Licensed Area. Maintenance and Repair of Licensee’s Improvements. Licensee shall at all times during the term of this Agreement keep the Licensee’s Improvements in safe, sanitary conditions and good repair, free from malfunction and nuisance conditions, including, without limitation, maintaining the structural integrity of the building and roof; keeping the toilets, sinks, lights, doors, windows and locks in functional condition and good repair; performing regular trash and waste removal and management; painting and removing graffiti as needed; performing fixture cleaning and maintenance on a regular and as-needed basis; and providing adequate supplies of toilet paper, soap, potable running water, paper towels and/or electric hand dryers, and trash cans. Complaints: Licensor shall notify Licensee of all maintenance complaints about the Licensee’s Improvements or the Licensed Area received by Licensor. Licensee shall initiate all maintenance activities necessary to respond to such complaints within ten (10) calendar days following receipt of notice and complete such maintenance activities as soon as reasonably possible, with completion to occur not later than thirty (30) calendar days after receipt of notice of said complaint. Standard of Performance. Licensee shall perform or cause to be performed any operations, maintenance, repair or other work on the Licensee’s Improvements and Licensed Area in a safe, sanitary, and good and workmanlike manner and in compliance with all applicable local, state, and federal laws. TO THE EXTENT PERMITTED BY LAW, LICENSEE AGREES TO INDEMNIFY, OR CAUSE ITS CONTRACTOR TO INDEMNIFY, LICENSOR AND HOLD LICENSOR HARMLESS AGAINST ANY LIABILITY, LOSS OR DAMAGE RESULTING FROM SUCH WORK. DEFAULT Non-Monetary Default. For defaults that cannot be cured by the payment of money due under this Agreement, Licensee will be in default under this Agreement commencing on the date that Licensor gives notice to Licensee of the alleged default or failure of Licensee to perform (which notice will be in writing and set forth in reasonable detail the nature of the alleged failure). Licensee shall be given fifteen (15) days to cure the alleged default or failure after the date of the written notice of the alleged default or failure. Licensee will not be in default under this Agreement if, within the fifteen- Page 10 of 33  (15)-day cure period, Licensee begins performance and thereafter diligently and continuously pursues performance until the alleged failure has been cured. No cure period under this Section will be more than twenty (20) days without the written agreement of Licensor. Monetary Default. For defaults that can be cured by the payment of money due under this Agreement, Licensee will be in default under this Agreement commencing on the date that Licensor gives notice to Licensee of the alleged failure of Licensee to perform (which notice will be in writing and set forth in reasonable detail the sums due). Licensee shall be given five (5) days to pay the sums due after the date of the written notice of the alleged failure. Licensee will not be in default under this Agreement if, within the five (5)-day cure period under this Section, Licensee pays the sums due in full and without protest. Remedies. If Licensee does not cure the default within the applicable cure periods specified in this Article VII of this Agreement, Licensor may, in addition to other remedies available herein or by law to Licensor, Licensor may terminate this Agreement, in which event Licensee shall immediately surrender the Licensed Area to Licensor, and if Licensee fails to surrender the Licensed Area, Licensor may, without prejudice to any other remedy which it may have for possession or arrearages of the Annual Fee, enter upon and take possession of the Licensed Area, without judicial process, and, in compliance with applicable law, lock out, expel or remove Licensee and any other person who may be using all or any part of the Licensed Area without being liable for any claim for damages by Licensee. Licensee agrees to pay on demand the amount of all actual loss and damage which Licensor may suffer by reason of the termination of this Agreement under this Section, including without limitation, loss and damage due to the failure of Licensee to maintain and or repair the Licensed Area and/or Licensee’s Improvements as required hereunder. Notwithstanding anything contained in this Agreement to the contrary, this Agreement may be terminated by Licensor only by delivering written notice of such termination to Licensee in compliance with this Agreement. Other Remedies; Remedies Cumulative. The rights given to Licensor herein are in addition to any rights that may be given to Licensor by any statute or otherwise. All rights and remedies of Licensor herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law and said rights and remedies may be exercised and enforced concurrently and whenever and as often as occasion therefor arises. Effect of Non-Enforcement. If at any time Licensor fails to enforce this Agreement, whether or not any violations of it are known, such failure shall not constitute a continuing waiver or estoppel of the right to enforce it. TERM AND TERMINATION Page 11 of 33 Term: Subject to the other terms and conditions of this Agreement, the license granted by this Agreement shall commence on the Effective Date and shall expire automatically upon removal of Licensee’s Improvements. The license granted by this Agreement is also revocable by Licensor upon the occurrence of any of the following conditions or events, which revocation shall be effective as of the date that is sixty (60) days after Licensor sends written notice of revocation to Licensee: a. Licensee failed to comply with any of the terms of this Agreement, or with any law, b. Ordinance, or permit which apply to the Licensed Improvements or to Licensee’s use of the Licensed Area, and failed to timely cure a noncompliance within the applicable cure period; or c. Licensee’s Improvements interfere with the rights or needs of Licensor (as such needs are determined by Licensor in its sole discretion); or d. Licensee’s Improvements present a danger to the public or Licensor’s facilities which is not remediable by maintenance or repair within a reasonable time (as reasonably determined by Licensor); or e. The use of the Licensed Area by Licensor becomes necessary for a municipal utility district purpose. On the occurrence of an event allowing Licensor to revoke the license granted by this Agreement, Licensor shall send written notice to Licensee stating whether Licensee’s Improvements must be removed from the Licensed Area. If removal is required by Licensor or if Licensee elects to remove Licensee’s Improvements, Licensee shall have sixty (60) days after the date of Licensor’s written notice to remove all or that portion of Licensee’s Improvements affected, which shall be at no cost to Licensor. If removal is not required by Licensor, Licensor’s notice shall include an estimate of additional costs attributable to accommodating the continued presence of Licensee’s Improvements in the Licensed Area, and Licensee shall either elect to (i) pay to Licensor all actual costs related to same within thirty (30) days after receipt of an invoice from Licensor; or (ii) remove the Licensee’s Improvements. Licensor also has the right, but not the obligation, to enter the Licensed Area and at Licensee's expense to remove any structure or improvements or alterations thereon upon the determination by Licensor that such removal is necessary for protecting persons or property or is in the public interest; provided however Licensor shall allow the Licensee the option for Licensee to remove a portion of the Licensee Improvements if such removal can be accomplished within ninety (90) days after the date of Licensor’s written notice to Licensee as described above. Termination. Either party may terminate this Agreement for any reason or no reason upon sixty (60) days written notice to the other party in accordance with this agreement below. Upon termination, Licensee shall remove the Licensee’s Improvements and vacate and deliver the Licensed Area to the same condition as it was in prior to construction of same. Page 12 of 33  RELEASE Release. LICENSEE HEREBY RELEASES AND FOREVER DISCHARGES AND HOLDS HARMLESS LICENSOR AND ITS OFFICERS, EMPLOYEES, ATTORNEYS, AND AGENTS AGAINST ALL CLAIMS, SUITS, DEMANDS, JUDGMENTS, COSTS, AND EXPENSES (THE “CLAIMS”) OF EVERY KIND, KNOWN OR UNKNOWN, INCLUDING REASONABLE ATTORNEY’S FEES, OR OTHER LIABILITY FOR PERSONAL INJURY, DEATH OR DAMAGE TO ANY PERSON OR PROPERTY RELATED TO, ARISING FROM OR OUT OF THE RESTROOM IMPROVEMENTS OR THE LICENSED AREA, RELATED TO OR ARISING FROM OR OUT OF LICENSEE’S ACTIONS OR INACTIONS REGARDING THE RESTROOM IMPROVEMENTS AND LICENSED AREA, FROM THE PUBLIC’S USE OF THE RESTROOM IMPROVEMENTS OR LICENSED AREA, AND FROM ALL OTHER CLAIMS, SUITS, DEMANDS, JUDGMENTS, EXPENSES AND ALL OTHER LIABILITIES RELATED TO THIS AGREEMENT, EXCEPT AS TO THOSE CLAIMS CAUSE BY THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF LICENSOR. MISCELLANEOUS PROVISIONS Venue and Governing Law. Each party to this Agreement hereby agrees and acknowledges that venue and jurisdiction of any suit, right, or cause of action arising out of or in connection with this Agreement shall lie exclusively in Travis County, Texas. Furthermore, this Agreement shall be governed by and construed in accordance with the laws of the State of Texas, excluding, however, its choice of law rules. Severability. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, but rather this entire Agreement will be construed as if not containing the particular invalid or unenforceable provision or provisions, and the rights and obligation of the parties shall be construed and enforced in accordance therewith. The parties acknowledge that if any provision of this Agreement is determined to be invalid or unenforceable, it is the desire and intention of each that such provision be reformed and construed in such a manner that it will, to the maximum extent practicable, give effect to the intent of this Agreement and be deemed to be validated and enforceable. Assignment. Licensee shall not assign, sublet or transfer the Licensee’s Improvements or its interest in this Agreement. Any attempt to do so shall be void and have no force or effect. Notices. All notices, demands and requests for delivery of documents or information hereunder shall be in writing and shall be deemed to have been properly delivered and received as of (i) the date and time of delivery if personally delivered; (ii) the date that is three (3) days after the date of its deposit in the mail system if sent by United States certified mail, return receipt requested, and postage prepaid; or (iii) the date and time of delivery to the addressee by Federal Express (or such equivalent overnight delivery service) if sent by such method with all costs prepaid. All notices, demands and requests hereunder shall be addressed: Page 13 of 33  To Licensor at: Lakeway Municipal Utility District 1097 Lohmans Crossing Lakeway, TX 78734-4459 Attn: General Manager To Licensee at: The City of Lakeway 1102 Lohmans Crossing Road Lakeway, Texas 78734-4470 Attn: City Manager A party may change its address for notice by providing written notice of the address change to the other party in the manner aforesaid. No Third-Party Beneficiaries. This Agreement is for the sole and exclusive benefit of the parties hereto, and nothing in this Agreement, express or implied, is intended to confer or shall be construed as conferring upon any other person any rights, remedies or any other type or types of benefits. Gender, Number and Headings. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, unless the context otherwise requires. The headings and section numbers are for convenience only and shall not be considered in interpreting or construing this Agreement. Construction. Each party to this Agreement acknowledges that it and its counsel have reviewed this Agreement and that the normal rules of construction are not applicable and there will be no presumption that any ambiguities will be resolved against the drafting party in the interpretation of this Agreement. No Waiver of Defenses or Immunities. Nothing in this Agreement shall be deemed to waive, modify or amend any legal defense available at law or in equity to Licensor or Licensee, their past or present officers, employees, or agents or employees, nor to create any legal rights or claim on behalf of any third party. Licensor does not waive, modify, or alter to any extent whatsoever the availability of the defense of sovereign or governmental immunity under the laws of the State of Texas and of the United States. Entire Agreement. This Agreement and the attached Exhibits represent the entire and integrated Agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either oral or written. This Agreement may be amended only by written instrument approved by the governing bodies of both Parties and signed by a duly authorized representative of both Parties. Page 14 of 33 EXECUTED to be effective on the latest date accompanying the signature lines below (the “Effective Date”). List of Exhibits: Exhibit A Licensee’s Improvements Exhibit B Licensed Area Exhibit C TML – Certificate of Coverage [THE BALANCE OF THIS PAGE IS INTENTIONALLY BLANK.] [SIGNATURE PAGES IMMEDIATELY FOLLOW.] Page 15 of 33 LICENSOR: LAKEWAY MUNICIPAL UTILITY DISTRICT By: Jerry Hietpas, President Lakeway Municipal Utility District ATTEST: By: Don Goff, Secretary Lakeway Municipal Utility District ACKNOWLEDGEMENT THE STATE OF TEXAS § § COUNTY OF TRAVIS § This instrument was acknowledged before me on this the _______ day of _________________, 20___, by Jerry Hietpas, President of the Lakeway Municipal Utility District, on behalf of said the Lakeway Municipal Utility District. By: _ NOTARY PUBLIC, State of Texas Page 16 of 33 LICENSEE: CITY OF LAKEWAY, TEXAS By: Sandy Cox, Mayor ATTEST: By: Jo Ann Touchstone, City Secretary City of Lakeway, Texas APPROVED AS TO FORM: By: __________________________, City Attorney City of Lakeway, Texas ACKNOWLEDGEMENT THE STATE OF TEXAS § § COUNTY OF TRAVIS § This instrument was acknowledged before me on this the ______ day of ___________________, 2021, by Sandy Cox, Mayor of the City of Lakeway, Texas, on behalf of the City of Lakeway, Texas. By: _ NOTARY PUBLIC, State of Texas Page 17 of 33  EXHIBIT A LICENSEE’S IMPROVMENTS Page 18 of 33  LMUD-City of Lakeway License Agreement for Canyonlands Trail Restroom 19'-6" ,. � 6'-9 1/2" 5'-11· 6'-9 1/2" ,,,,,,.- .......__ . ✓- . g· �o< I l -- -- I a,i :@ � WOMEN MEN �I 49 SOFT 49 SOFT �I �I 7'-3" ,___jl �I �I �I 18'-8" '--6_ " ·-s·I 19'-10· FLOOR PLAN 157 SQ. FT. Page 19 of 33 DESIGN DATA PLATE TO BE OF PLAQUE GRADE METAL, 1/4" = 1'-0" PAINlED BLACK. CRllERIA TO BE ENGRAVED TO METAL TO BE SCREWED TO INSIDE OF CHASE DOOR AT so· AFF. Licensee's Improvements Exhibit A Page 1 of 7  LMUD-City of Lakeway License Agreement for Canyonlands Trail Restroom 4'_::-3" 4•-�· TOP OF ARCH r v11i :; y c: -,;; 1�1,11 f� ,--,-l - r TOP PL. �I !I FRONT ELEVATION SIDE ELEVATION Page 20 of 33 REAR ELEVATION Licensee's Improvements Exhibit A Page 2 of 7  LMUD-City of Lakeway License Agreement for Canyonlands Trail Restroom @ I.�© @lflf® ®)@ Ti 11 11 CD 11 11 11 11 11 11 11 II @ II _I_J DOOR/WINDOW & ACCESSORY PLAN Page 21 of 33 Licensee's Improvements Exhibit A Page 3 of 7  LMUD-City of Lakeway License Agreement for Canyonlands Trail Restroom Licensee's Improvements Exhibit A Page 4 Page of 7 22 of 33  LMUD-City of Lakeway License Agreement for Canyonlands Trail Restroom Licensee's Improvements Exhibit A Page 5 Page of 7 23 of 33  LMUD-City of Lakeway License Agreement for Canyonlands Trail Restroom Licensee's Improvements Exhibit A Page 6 Page of 7 24 of 33  LMUD-City of Lakeway License Agreement for Canyonlands Trail Restroom Licensee's Improvements Exhibit A Page 7 Page of 7 25 of 33  EXHIBIT B SURVEY OF LICENSED AREA Page 26 of 33  L E G E N D BUILDING LOCATION EXHIBIT 1500 OLLIE LANE MARBLE FALLS, TX. 78654 PH.325-388-3300/830-693-8815 WWW.CUPLINASSOCIATES.COM Page 27 of 33  EXHIBIT C TML CERTIFICATE OF COVERAGE Page 28 of 33 Page 29 of 33  Julie Oakley, CPA City Manager ___________________________________________________________________________ Staff Report Meeting date: April 5, 2021 Agenda item: Fiscal Year 2021 Budget Amendment #3 Background and Fiscal Impact: During the annual budget process, city council decided to delay authorization of salary increases for city employees due to the uncertain economic conditions created by the pandemic. After six (6) months of closely monitoring the city’s revenues and expenditures, providing a raise to city employees is possible due to a favorable sales tax budget variance of about $335,000. Approximately 2% of budgeted salaries is $180,000 including the associated benefit costs. I request approval of this appropriation to allow a combination of one-time lump sum merit allocations and/or base salary increases. Enclosure(s): Ordinance No. 2021-04-05-01, Exhibit “A” Page 30 of 33  CITY OF LAKEWAY ORDINANCE NO. No. 2021-04-05-01 AN ORDINANCE AMENDING THE FISCAL YEAR 2021 ANNUAL BUDGET; AND PROVIDING FOR FINDINGS OF FACT; SEVERABILITY; REPEALER; EFFECTIVE DATE; AND PROPER NOTICE AND MEETING. WHEREAS, the City Council of the City of Lakeway, Travis County, Texas (“Council”) seeks to provide for the public health, safety and welfare of its citizens; and WHEREAS, the City Council has adopted the Annual Budget for the fiscal year beginning October 1, 2020, and ending September 30, 2021 in accordance with Ordinance No. 2020-09-28-01; and WHEREAS, Section 102.010, Texas Government Code, provides that the governing body of a municipality may make changes in the budget for municipal purposes; and WHEREAS, the City Council finds that it is in the best interest of the welfare of the citizens of Lakeway, Texas, to amend the FY 2021 Annual Budget as detailed in Exhibit A; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWAY, TEXAS: Article 1: Findings of Fact All of the above premises are hereby found to be true and correct legislative and factual findings of the City Council and are hereby approved and incorporated into the body of this ordinance as if copied in their entirety. Article 2: General Section 2.01 Authority This ordinance is adopted under the authority of the Constitution and laws of the State of Texas, particularly including Chapter 102, Texas Local Government Code. Section 2.02 Purpose The purpose of this ordinance is to amend the FY 2021 Annual Budget in order to ensure the continued efficient operations of the City of Lakeway. Article 3: Amendment to FY 2021 Annual Budget The FY 2021 Annual Budget is hereby amended according to Exhibit A, “FY 2021 Budget Amendment #3” which is attached hereto and made a part hereof for all purposes. No. 2021-04-05-01 Page 1 of 2 Page 31 of 33  Article 4. Severability Should any sentence, paragraph, subdivision, clause, phrase, or section of this ordinance be adjusted or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance in whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. Article 5. Repealer The provisions of this ordinance shall be cumulative of all other ordinances or parts of ordinances governing or regulating the same subject matter as that covered herein; provided, however, that all prior ordinances or parts of ordinances inconsistent or in conflict with any of the provisions of this ordinance are hereby expressly repealed to the extent that such inconsistency is apparent. This ordinance shall not be construed to require or allow any act which is prohibited by any other ordinance. Article 6. Effective Date This ordinance shall take effect immediately from and after its passage and publication as may be required by law. Article 7. Proper Notice and Meeting It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act, Chapter 551 of the Texas Government Code. Notice was also provided as required by Chapter 52 of the Texas Government Code. PASSED AND APPROVED this 5th day of April, 2021. CITY OF LAKEWAY __________________________ Sandra L. Cox, Mayor ATTEST: _____________________________ Jo Ann Touchstone, City Secretary No. 2021-04-05-01 Page 2 of 2 Page 32 of 33  Ordinance No. 2021-04-05-01 - Exhibit A CITY OF LAKEWAY FY 2021 BUDGET AMENDMENT #3 GENERAL FUND INCREASE DECREASE TOTAL REVENUES Sales Tax $ 180,000 $ - $ 180,000 Total Revenues $ 180,000 $ - $ 180,000 EXPENDITURES Personnel - salary changes associated with approximately 2% increase $ 180,000 $ - $ 180,000 Total Expenditures $ 180,000 $ - $ 180,000 Total Revenue Over (Under) Expenditures $ - $ - $ - Page 33 of 33 Page 1