During Tuesday morning’s meeting, the Brownwood City Council ratified the Brownwood Municipal Development District Board action to purchase two parking lots from Downtown Brownwood, Inc. located at the Comer of Fisk A venue and E. Lee Street and 201 E. Anderson for a purchase price of $55,440 and spend an additional $10,000 for repairs to create additional free public parking in Downtown Brownwood.

With the creation of new events and businesses downtown, there is a heightened need for public access parking. DBI is willing to sell these parking lots for the Brown County Appraisal District value to the BMDD/City to help create the additional public parking. This would have the greatest impact in the evenings, on weekends, and during special events when there is an increased demand for parking in and around downtown.

The parking lots are in relatively good condition but do need to have a few cracks sealed, a new seal coat, and restriping. The cost of these repairs is estimated to be around $10,000.

Once purchased and repaired, the City of Brownwood would take over ownership and maintenance of the lots and post signs designating the lots as public parking.

BMDD Executive Director Ray Tipton stated the space would provide 36 additional free parking spaces downtown.

Also Tuesday, the City Council approved an ordinance on first reading to close a developed alley which is 20’ wide and 202’long and located in the McClelland Addition Block 11, 12. The alley is west of E. Lipscomb Street and lies between Center Ave and Clark Street. Howard Payne University plans to build an intramural field at this location.

Then, by a 2-1 vote, the City Council approved a Chapter 380 Agreement with Howard Payne University for the expansion of intramural facilities. Council members Melody Nowowiejski and H.D. Jones voted in favor, Ed McMillian voted against, Draco Miller, Jr. abstained due to a conflict of interest due to a work-related partnership and Walker Willey was not present at the meeting.

Pursuant to City policy and state law, the City is required to be paid fair market value when it closes and abandons an improved or developed street or alley as it did earlier in the meeting. An appraisal of the alley was completed on June 16 and the market value was determined to be $6,000.

Under this Chapter 380 Agreement, the City agrees to waive the payment of fair market value for the alley, along with the miscellaneous costs of publication for the closure, as a Chapter 380 incentive, for the expansion of its intramural field. Howard Payne will be responsible for paying the costs incurred to obtain the appraisal.

Under the Chapter 380 Agreement, the abandonment of the sewer line which is located in the closed and developed alley and Center Avenue is addressed. The City will abandon the line in place and the line will become a private line of Howard Payne University. As a condition of that abandonment, Howard Payne cannot displace or disturb Center Avenue in the event of needed repairs on the line and agrees to relocate the sewer at its sole cost and expense.

McMillian said of his reason for voting against, “We’re giving HPU something and then charging citizens.”

The City Council also approved an ordinance on first reading adopting the 2021 International Building Code; International Residential Code; International Property Maintenance Code; International Mechanical Code; International Fuel Gas Code; International Existing Building Code; International Energy Conservation Code; International Plumbing Code; International Fire Code; and the 2020 Edition of the National Electric Code for the City of Brownwood.

On November 7, 2022, the City underwent an ISO Audit in reference to the Building Code Effectiveness Grading Schedule. This particular Audit occurs every four years to evaluate Cities’ building codes and enforcement thereof. The ISO scoring system is ranked from 1 to 10 with 1 being the highest score and 10 being the lowest. The score the City received on the November 7, 2022, audit was a 9 for 1 and 2 Family Residential and a 9 for Commercial and Industrial. The City was informed the score would not improve until we adopted a newer version of the building codes that was no older than six years. The auditor also stated that a lower ISO audit score could negatively impact any FEMA flood damage reimbursement that would be available during a flood even.

Mayor Stephen Haynes said, “To me it’s all a sham. Most of these code conditions are no longer about safety, they’re proposed by and propagated by the construction industry to drive the cost up. But its something we have to do because of the insurance company rating, but it’s one of those things where you have a sour taste in your mouth.”

Also Tuesday, the City Council:

• approved the audit report for year the ended September 30, 2022
• approved an ordinance on a negotiated settlement between Atmos Energy Corporation, Mid-Tex Division and Atmos Cities Steering Committee.
• approved public hearings on the tax rate and budget for the 2023-24 fiscal year for 9 a.m. and 5:30 p.m. Tuesday, Aug. 29 at Brownwood City Hall, located at 501 Center Ave. The 2023-24 fiscal year runs Oct. 1, 2023 and ending on Sept. 30, 2024.
• approved the Consent Agenda that consisted of an ordinance on second and third/final reading rescinding and repealing the Juvenile Curfew, contained in the Brownwood Code of Ordinances, which established a juvenile curfew; and consideration of Mayoral reappointments of Ed McMillian to the Brown County Appraisal District Board and James Deshields, Mary Acuna, and Cathy Day to the Brownwood Housing Authority Board.