City Council Regular Meeting

Dr. Larry Wallace Jr., Mayor Dr. Christopher Harvey, Mayor Pro Tem, Place 3 Emily Hill, Place 1 Anne Weir, Place 2 Sonia Wallace, Place 4 Deja Hill, Place 5 Gene Kruppa, Place 6 City Council Regular Meeting Wednesday, May 05, 2021 at 7:00 PM Manor City Hall, Council Chambers, 105 E. Eggleston St. AGENDA Via Telephone/Video Conference (Zoom Meeting) This meeting will be live streamed on Manor Facebook Live You can access the meeting at https://www.facebook.com/cityofmanor/ Pursuant to Governor Greg Abbott's temporary suspension of various provisions of the Texas Open Meetings Act to allow for telephonic or videoconference meetings of governmental bodies that are accessible to the public in an effort to reduce in person meetings that assemble large groups of people the City Council meeting scheduled for Wednesday, May 5th, will only be open to the public via remote access. Instructions for Public Speaking:  Members of the public that wish to speak during public comments, public hearing or an agenda item will need to register in advance by visiting www.cityofmanor.org where a registration link will be posted on the calendar entry for each public meeting. You will register by filling in the speaker card available for that specific meeting and submitting it to publiccomments@cityofmanor.org. Once registered, instructions will be emailed to you on how to join the videoconference by calling in. Your Speaker Card must be received two (2) hours prior to scheduled meeting. Upon receiving instructions to join zoom meeting the following rules will apply:  All speakers must address their comments to the Mayor rather than to individual Council Members or city staff. Speakers should speak clearly into their device and state their name and address prior to beginning their remarks. Speakers will be allowed three (3) minutes for testimony. Speakers making personal, impertinent, profane or slanderous remarks may be removed from the meeting. Manor City Council Regular Meeting Agenda 5/5/2021 - Page 1 CALL TO ORDER AND ANNOUNCE A QUORUM IS PRESENT PLEDGE OF ALLEGIANCE EVENTS/ANNOUNCEMENTS A. Juneteenth Event, Saturday, June 19th PROCLAMATIONS A. In Memory of Hunter Hartman B. Declaring the month of May 2021, as “National Preservation Month” C. Declaring the month of May 2021, as “Asian/Pacific American Heritage Month” D. Declaring the week of May 2 – May 8, 2021, as “Municipal Clerks Week” E. Declaring the week of May 9- May 15, 2021, as “Police Week” PUBLIC COMMENTS Comments will be taken from the audience participating in zoom meeting on non-agenda related topics for a length of time, not to exceed three (3) minutes per person. Comments on specific agenda items must be made when the item comes before the Council. To address the City Council, please register and submit the speaker card following the instructions for public speaking above. No Action May be Taken by the City Council During Public Comments. PUBLIC HEARINGS 1. Public Hearing: Discussion on the approval of a Service and Assessment Plan for the Manor Heights Public Improvement District. Submitted by: Thomas Bolt, City Manager 2. Public Hearing: Discussion on proposed assessments to be levied against assessable property with the Major Improvement Area, Improvement Area #1 and Improvement Area #2 of the Manor Heights Public Improvement District, pursuant to the provisions of Chapter 372 of the Texas Local Government Code. Submitted by: Thomas Bolt, City Manager 3. Public Hearing: Discussion on the issuance of Special Assessment Revenue Bonds, Series 2021 (Manor Heights Public Improvement District Major Improvement Area Project). Submitted by: Thomas Bolt, City Manager 4. Public Hearing: Discussion on the issuance of Special Assessment Revenue Bonds, Series 2021 (Manor Heights Public Improvement District Improvement Area #1-2 Project). Submitted by: Thomas Bolt, City Manager CONSENT AGENDA All of the following items on the Consent Agenda are considered to be self-explanatory by the Council and will be enacted with one motion. There will be no separate discussion of these items unless requested by the Mayor or a Council Member; in which event, the item will be removed from the consent agenda and considered separately. Manor City Council Regular Meeting Agenda 5/5/2021 - Page 2  5. Consideration, discussion, and possible action to approve the City Council Minutes. Submitted by: Lluvia T. Almaraz, City Secretary • April 21, 2021, City Council Regular Meeting; and • April 27, 2021, 2020, City Council Called Special Session REGULAR AGENDA 6. Second and Final Reading: Consideration, discussion, and possible action on an ordinance rezoning 2.13 acres, more or less, Lot 4, Bluebonnet Business Park, Section One, and being located at 15721 US Hwy 290 E from Agricultural (A) to Heavy Commercial (C-3). Applicant: Keepers Land Planning Owner: Lisa Nehring Submitted by: Scott Dunlop, Assistant Development Services Director 7. Consideration, discussion, and possible action on a Resolution of the City of Manor, Texas Approving and Authorizing the First Amendment to the Manor Heights Public Improvement District Reimbursement Agreement (Improvement Area #1 and Improvement Area #2). Submitted by: Thomas Bolt, City Manager 8. Consideration, discussion, and possible action on an Ordinance of the City of Manor, Texas Making a Finding of Special Benefit to the Property in the Manor Heights Public Improvement District; Providing for the Method of Assessment of Special Assessments Against Property in the District; Approving Assessment Rolls for the District; Levying Assessments Against Property Within the District; Providing for Payment of the Assessments; Providing for Penalties and Interest on Delinquent Assessments; Establishing a Lien on Property Within the District; Approving a Service and Assessment Plan; Providing for Related Matters in Accordance with Chapter 372, Texas Local Government Code; Providing an Effective Date; and Providing for Severability. Submitted by: Thomas Bolt, City Manager 9. Consideration, discussion, and possible action on an Ordinance Authorizing the Issuance of the City of Manor, Texas Special Assessment Revenue Bonds, Series 2021 (Manor Heights Public Improvement District Major Improvement Area Project); Approving and Authorizing an Indenture of Trust, a Bond Purchase Agreement, a Limited Offering Memorandum, a Continuing Disclosure Agreement, and Other Agreements and Documents in Connection Therewith; Making Findings with Respect to the Issuance of Such Bonds; Providing an Effective Date. Submitted by: Thomas Bolt, City Manager 10. Consideration, discussion, and possible action on an Ordinance Authorizing the Issuance of the City of Manor, Texas Special Assessment Revenue Bonds, Series 2021 (Manor Heights Public Improvement District Improvement Area #1-2 Project); Approving and Authorizing an Indenture of Trust, a Bond Purchase Agreement, a Limited Offering Memorandum, a Continuing Disclosure Agreement, and Other Agreements and Documents in Connection Therewith; Making Findings with Respect to the Issuance of Such Bonds; Providing an Effective Date. Submitted by: Thomas Bolt, City Manager Manor City Council Regular Meeting Agenda 5/5/2021 - Page 3  11. Consideration, discussion, and possible action on a Resolution finding that Oncor Electric Delivery Company LLC’s application for approval of a distribution cost recovery factor pursuant to Texas Administrative Code 23.243 to increase distribution rates within the city should be denied. Submitted by: Thomas Bolt, City Manager 12. Consideration, discussion, and possible action on a Water Tower Lease and License Agreement with Cellco Partnership d/b/a Verizon Wireless. Submitted by: Scott Dunlop, Assistant Development Services Director 13. Consideration, discussion, and possible action on a change order to the construction contract for the Wilbarger Creek Wastewater Treatment and Collection System Improvements project. Submitted by: Frank T. Phelan, P.E., City Engineer 14. Consideration, discussion, and possible action on a Construction Contract for the East US 290 Waterline CIP W-17 in the amount of $660,821.35. Submitted by: Samuel D. Kiger, P.E., City Engineer 15. Consideration, discussion, and possible action on a Construction Contract for the Cottonwood Creek Wastewater Collection System Improvements in the amount of $2,973,557.00. Submitted by: Samuel D. Kiger, P.E., City Engineer ADJOURNMENT In addition to any executive session already listed above, the City Council reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by Texas Government Code Section §551.071 (Consultation with Attorney), §551.072 (Deliberations regarding Real Property), §551.073 (Deliberations regarding Gifts and Donations), §551.074 (Personnel Matters), §551.076 (Deliberations regarding Security Devices) and §551.087 (Deliberations regarding Economic Development Negotiations). CONFLICT OF INTEREST In accordance with Section 12.04 (Conflict of Interest) of the City Charter, “No elected or appointed officer or employee of the city shall participate in the deliberation or decision on any issue, subject or matter before the council or any board or commission, if the officer or employee has a personal financial or property interest, direct or indirect, in the issue, subject or matter that is different from that of the public at large. An interest arising from job duties, compensation or benefits payable by the city shall not constitute a personal financial interest.” Further, in accordance with Chapter 171, Texas Local Government Code (Chapter 171), no City Council member and no City officer may vote or participate in discussion of a matter involving a business entity or real property in which the City Council member or City officer has a substantial interest (as defined by Chapter 171) and action on the matter will have a special economic effect on the business entity or real property that is distinguishable from the effect on the general public. An affidavit disclosing the conflict of interest must be filled out and filed with the City Secretary before the matter is discussed. Manor City Council Regular Meeting Agenda 5/5/2021 - Page 4  POSTING CERTIFICATION I, the undersigned authority do hereby certify that this Notice of Meeting was posted on the bulletin board, at the City Hall of the City of Manor, Texas, a place convenient and readily accessible to the general public at all times and said Notice was posted on the following date and time: Friday, April 30, 2021, by 5:00 PM and remained so posted continuously for at least 72 hours preceding the scheduled time of said meeting. /s/ Lluvia T. Almaraz, TRMC City Secretary for the City of Manor, Texas NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The City of Manor is committed to compliance with the Americans with Disabilities Act. Manor City Hall and the Council Chambers are wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary at 512.272.5555 or e-mail lalmaraz@cityofmanor.org . Manor City Council Regular Meeting Agenda 5/5/2021 - Page 5