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Nov 27, 20236 min read

28 November 2023 Council Meeting

Updated: Dec 17, 2023

Agenda Items: new shredding contract; Country Hollow Community Facilities/Developer’s Agreement; amendment to UNCO [Standard Services Restaurant] 380 Agreement; Class Action lawsuit against 3M, Dupont; Hotel Occupancy Tax funds for billboard advertising

• Location and Time: El Chico City Hall, 120 El Chico, Suite A, Willow Park, Texas 76087, 6PM

• minutes approved during the next meeting

• Youtube video

• Latest Update: 18 December, 2023; posted Monday, 27 November 2023

• Added Willow Park Civics Blogs >

• Council meeting Review, The Community News, 01 December 2023 City to use HOT funds for billboard advertising; Next step for Country Hollow; EDA Extension



 

Public Comments

none


Agenda Items


2. Discussion/Action: to approve a service agreement with Silverback Shredding Service.

• Background: Staff is requesting a new service agreement with Silverback Shredding for the city’s shred services. / The city cancelled its service contact with Shred-It as we had issues with billing and communication. After reviewing the account staff found it was in the best interest of the city to cancel the services and find a new company. / Silverback is vetted by other municipalities with a lower cost to the city. / Shred-It Service for once every 4 weeks for City Hall and Police Department was $250 / Silverback Shredding Service for once every 4 weeks for City Hall and the Police Department will be $110

• Exhibits: Service Agreement


3. Discussion/Action: to consider a Community Facilities/Developer’s Agreement with HMH Country Hollow Land, LLC, or assigns, for the development of Country Hollow residential subdivision, 102 Lots, being 19.167 acres, John H. Phelps Survey Tract, Abstract No. 1046, in the City of Willow Park, Parker County, Texas. #DevelopmentSouth

• Background: HMH Country Hollow Land, LLC, will be the developer for the Country Hollow residential subdivision as stated above. This subdivision will be serviced by Willow Park’s public water and sewer, and contains public infrastructure and improvements, which will be maintained by the City of Willow Park. This Agreement provides terms for construction of public improvements and utility services, as well as other requirements. It must be approved and executed by both parties before construction on the property is permitted. / With Council’s approval on this Item, it is requested that it also grant the City Administrator’s authority to make administrative changes to the Agreement, if necessary.

• Exhibits: • Developer’s Agreement • Exhibit “A” – Metes & Bounds Description

• Willow Park Civics Research

• Willow Park Civics Blog > Country Hollow Development Index

• See Council meeting Review, The Community News above.


4. Discussion/Action: to approve an amendment to the UNCO 380 Agreement. [Standard Services Restaurant] #DevelopmentSouth

• [No Background provided by City.]

• Exhibit: This Amendment and Assignment of Chapter 380 Economic Development Agreement (this “Amendment”) is made and entered into effective as of November 17, 2023, by and between the City of Willow Park, Texas (“City”), UNCO RE Holdings, LLC (“Developer”), and BPO Real Estate, LLC (“Assignee”)

Developer’s Obligations. The time periods in Article IV, Section 4.01(12) are hereby amended as follows:

a. “[T]wenty-four (24) months” in subsection (ii) is hereby amended to read “forty (40) months.”

b. “[T]hirty (30) months in subsection (iii) is hereby amended to read “forty-six (46) months.”

• Willow Park Civics Research

• Find plats, maps, photos, graphics, and development history at Willow Park Civics > City > Development > Chapter 380 and UNCO Hospitality Index

• See Council meeting Review, The Community News above.


5. Discussion/Action: to approve on a resolution opting out of the Class Action lawsuit against 3M, Dupont and other PFAS manufacturers arising out of PFAS chemicals.

• [No Background provided by City.]

• Exhibit: Resolution A resolution of the City of Willow Park, Texas, authorizing the city attorney or designee to opt the city out of the 3M and Dupont class action settlements for drinking water contamination; authorizing a related memorandum of understanding with the city’s wholesale water provider

• Willow Park Civics Research

• In Re Aqueous Film-Forming Foams Products Liability Litigation MDL 2873


6. Discussion/Action: to authorize use of Hotel Occupancy Tax funds for billboard advertising. #Finance

• Background:

It has been requested by Councilmember and Mayor Pro Tem, Lea Young, for Staff to suggest ways in which the City’s Hotel Occupancy Tax funds (“HOT Tax”) could practically and legally be put to good use.

Staff contacted Lamar Billboards to inquire about rental of the billboard sign situated on the southeast corner of the City Hall property. Its findings are below:

The best rate for rental of the sign is $31,680 per side, for one year, billed in (13) 4-week intervals, and it includes the initial cost of $480 for the artwork. Each time the City requests the artwork on the billboard to be changed, it would be at a charge of $480.

As of Staff’s inquiry in late October, the eastbound sign was available for an 11/11/23 contract start date, but since the previous sign is still displayed, it is obvious that the current contract has extended. The lease on the westbound sign expires on 2/11/23, with a priority for renewal.

Staff also inquired about the purchase of the sign. Although Lamar rarely sells their signs, Staff was approached with a the proposal of replacing the standard sign with one that is digital. This change would require a 25-year lease for the sign and sign permit to allow the conversion, but it would come with some perks for the City, such as discounted advertising costs, negotiable advertising revenue (tentatively, 10% in perpetuity for the 25-year term), and “branding of the pole”, which lends itself to an opportunity for an impressive monument sign for the City without the digital display cost which, per Staff research, could easily cost over $300,000 for this size.

Upon consultation with Pat Chesser, City Attorney, his response was that, “To fund the costs of the billboard with Hotel Occupancy Tax funds would depend on the purpose of the sign.” and he requested to address Council on the use of HOT funds, and a look at using these funds for the billboard.

• Exhibits: • Lamar Contract #4357038

• Willow Park Civics Research

• Comptroller of Texas

• Economy > Economic Development > Local Hotel Occupancy Tax Overview

• Economy > Fiscal Notes > A Review of the Texas Economy > The Hotel Occupancy Tax > A Short History of a Complex Levy

• Taxes > Hotel Occupancy Tax > Who Is Responsible For This Tax?

• Texas State Tax Code > Tax Code > Title 3. Local Taxation > Subtitle D. Local Hotel Occupancy Taxes > Chapter 351. Municipal Hotel Occupancy Taxes > Subchapter A. Imposition And Collection Of Tax

• See Council meeting Review, The Community News above.



Informational

• Mayor Pro Tem Young stated the Department Quarterly Reports will be on the next meeting agenda along with an update on the drainage on Sam Bass Rd.

• Mayor Moss mentioned the City Staff Christmas Party will be next Thursday, December 7th. He also mentioned all the good things going on in the city. As always, he thanked the City Council for all their hard work.


City Manager Comments

• The Christmas Tree Lighting is scheduled for Thursday, November 30th however there is impending weather. Staff will make the call on Wednesday to reschedule the event to next Tuesday, December 5th.


Executive Session

• cancelled 28 November 2034 Council Meeting Agenda Item 7. Section 551.071 - Consultation with Attorney; Halff & Associates Litigation


• Willow Park Civics Research

• 14 November 2023 Council Meeting Agenda Item 13. Section 551.071 - Consultation with Attorney; Halff & Associates Litigation.

• Mayor Pro Tem Young reconvened into Open Session at 7:25 pm. A motion was made to approve the filing of the lawsuit against Halff Associates, Inc. Motion made by Councilmember Young, Seconded by Councilmember Runnebaum. Voting Yea: Councilmember Contreras, Councilmember Gilliland, Councilmember Runnebaum, Councilmember Young, Councilmember Crummel

• 12 September 2023 Council Meeting Agenda Item 11. Section 551.071 - Consultation with Attorney; Halff & Associates Litigation

• 08 August 2023 Council Meeting. Halff & Associates Litigation.

• Willow Park Blog > 18 July 2023 Council Review by The Community News. Council votes to sue water tank designer, 25 July 2023

• 18 July 2023 Special Council Meeting, Executive Session, Halff & Associates possible litigation

• 27 June 2023 Council Meeting, Executive Session Status of negotiations/potential litigation with Halff Engineering

• 13 April 2023 Council Meeting, Executive Session Consultation with Attorney; - Status of negotiations/potential litigation with Halff Engineering

• 28 November 2022 Special Council Meeting, Executive Session, Consultation with Attorney - deliberation about dispute with Halff Associates regarding the Fort Worth Water Project

• 15 November 2022 Council Meeting, Executive Session, Consultation with Attorney - deliberation about dispute with Halff Associates regarding the Fort Worth Water Project

• 12 April 2022 Council Meeting, Executive Session Consultation with Attorney - deliberation about dispute with Halff Associates regarding Fort Worth Water project



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