MEETING AGENDA ORANGE CITY COUNCIL Orange Public Library Auditorium 220 N. Fifth Street Orange, Texas

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1 MEETING AGENDA ORANGE CITY COUNCIL Orange Public Library Auditorium 220 N. Fifth Street Orange, Texas January 8, :00 a.m. 1. CALL TO ORDER Mayor 2. INVOCATION and PLEDGE OF ALLEGIANCE Council Member Salter 3. MOTION a) Motion finding that the advance posting and notice requirements of Article of the Code of Ordinances of the City of Orange, Texas have been met in relation to all minutes and pending ordinances and resolutions on this agenda and that the reading of such items be confined to the captions as are agreed upon by the ordinances and resolutions. 1 Mayor/Council 4. APPROVAL OF MINUTES a) November 13, 2018 Orange Economic Development Corporation Meeting 5 Mayor/Council b) December 4, 2018 Special Call City Council Meeting 9 Mayor/Council c) December 11, 2018 Regular City Council Meeting 13 Mayor/Council 5. CITIZEN COMMENTS At this time comments will be taken from the audience on any subject matter, whether or not that item is on the agenda. All comments are limited to a maximum three minutes for each speaker. Your comments are appreciated. As the Texas Open Meetings Act does not allow the Council to respond to items not listed on the agenda, your comments will be duly noted by the Council and forwarded to the appropriate department for prompt consideration. 6. PRESENTATIONS a) Presentation by the Center for Disease Control on the National Health Survey. Staff: Knauf City Council Meeting, January 8, 2019 City of Orange, Texas Page 1 Page 1 of 85

2 b) Presentation by Waste Management on services effective February 2, Terry Woodson, Waste Management 7. ORDINANCES a) Final Reading: Consider an ordinance of the City of Orange, Texas amending the Orange Code of Ordinances Chapter 8 Personnel & Administration Article 8.12 City Council Rules of Procedure by adding Section Appointments to Boards and Commissions, providing an effective date; providing a severability clause; and repealing any ordinance in conflict with this ordinance to the extent of such conflict. (First Reading December 11, 2018) 21 Staff: Knauf b) First Reading: Consider an ordinance of the City Council of Orange, Texas, authorizing participation with other Entergy service area cities in matters concerning Entergy Texas, Inc. at the Public Utility Commission of Texas in 2019; authorizing the hiring of lawyers and rate experts; authorizing the City s participation to the full extent permitted by law at the Public Utility Commission of Texas; finding that the meeting complies with the Open Meetings Act; and declaring an effective date. 24 Staff: Knauf 8. RESOLUTIONS a) Final Reading: Consider a resolution approving the Spanky s Bar-B-Que Infrastructure Grant Agreement not to exceed $50,000 for the purpose of Economic Development. (First Reading December 11, 2018) 28 Staff: Trahan b) Consider a resolution authorizing the Interim City Manager to execute a Interlocal Agreement for Acadian Ambulance Service of Texas, LLC, with the City of West Orange, Texas and the City of Pinehurst, Texas for emergency and non-emergency ambulance service. 40 Staff: Frenzel c) Consider a resolution awarding a contract to Outdoor Hospitality in the amount of $48, for the Riverfront Park Erosion Project. 48 Staff: Wolf d) Consider a resolution awarding a contract to DXI Industries, Inc. in the amount of $24, for Liquid Chlorine for the treatments for the Water Well Fiscal Year Staff: Wolf City Council Meeting, January 8, 2019 City of Orange, Texas Page 2 Page 2 of 85

3 9. DISCUSSION/ACTION a) Consider a motion amending the Agreement made on the 14 th day of February, 2018 between the City of Orange, Texas and Allco adding 271 Calendar Days due to electrical revisions, Hurricane Harvey, and additional rain days from September through December The Interim City Manager is hereby authorized to sign said Change Order No Staff: Wolf b) Consider a motion amending the Agreement made on the 8 th day of May, 2018 between the City of Orange, Texas and Oldcastle Materials Texas, Inc. dba Gulf Coast an Oldcastle Company adding 19 Calendar Days due to a gas line that had to be relocated and weather delays. The Interim City Manager is hereby authorized to sign said Change Order No Staff: Wolf c) Consider a motion approving action taken by the Orange Economic Development Corporation concerning a request by Mr. Jake LeMoine to extend the begin date for construction of the new Boardwalk Grille by ninety (90) days from February 1, 2019 to May 1, 2019 with a proposed completion date of November 1, Staff: Trahan d) Consider a motion appointing Isaac Henry III to the Board of Adjustment as a regular member for a term expiring December 31, Staff: Knauf e) Consider a motion re-appointing Edward Freiberg to the Board of Adjustment as a regular member for a term expiring December 31, Staff: Knauf f) Consider a motion cancelling the February 12, 2019 Regular City Council Meeting. 84 Staff: Knauf g) Discussion and possible action regarding necessary business resulting from Hurricane Harvey. Staff: Knauf 10. REPORTS a) City Manager Report b) City Council Report 11. ADJOURNMENT City Council Meeting, January 8, 2019 City of Orange, Texas Page 3 Page 3 of 85

4 Texas Penal Code 30.06: Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun De conformidad con la Sección del código penal (entrada de persona con licencia de portar o llevar armas de mano oculta), una persona licenciada bajo el subcapítulo H, capítulo 411 del código de gobierno (ley de licenciación para portar o llevar armas de mano) no se permite entrar en esta propiedad con ninguna armas de mano oculta Texas Penal Code 30.07: Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly De conformidad con la Sección del código penal (entrada de una persona con licencia de portar o llevar armas de mano visible), una persona licenciada bajo el subcapítulo H, capítulo 411 del código de gobierno (ley de licenciación para portar o llevar armas de mano visible) no se permite entrar en esta propiedad con ninguna armas de mano visible No Firearms Allowed No se permite ninguna armas de fuego City Council Meeting, January 8, 2019 City of Orange, Texas Page 4 Page 4 of 85

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9 STATE OF TEXAS } COUNTY OF ORANGE } December 04, 2018 BE IT REMEMBERED THAT a Special Call Meeting of the Orange City Council of the City of Orange, Orange County, Texas, was held in the Danny Gray Room inside the Orange Police Department on Tuesday, December 04, COUNCIL MEMBERS PRESENT: Larry Spears Jr. Mayor Patrick A. Pullen Mayor Pro-Tem Brad Childs Council Member Terrie T. Salter Council Member (arrived at 5:41 p.m.) Annette Pernell Council Member Bill Mello Council Member Paul Burch Council Member COUNCIL MEMBERS ABSENT: None STAFF MEMBERS PRESENT: Kelvin Knauf Interim City Manager Jay Trahan Assistant City Manager, Director of Economic Development Patricia Anderson City Secretary Jennifer Krummel Deputy City Secretary Lane Martin Chief of Police David Frenzel Fire Chief Cheryl Zeto Director of Finance Jim Wolf Director of Public Works Brenna Manasco Library Director Hillary Haynes S o c i a l M e d i a Coordinator Mike Zeto CIS Manager Guy Goodson City Attorney Kate Leverett City Attorney STAFF MEMBERS ABSENT: None Mayor Spears called the meeting to order at 5:30 p.m. Mayor Spears led the Invocation and the Pledge of Allegiance. Page 9 of 85

10 Special Call Meeting 2 December 4, 2018 WORKSHOP DISCUSSION AND POSSIBLE ACTION REGARDING CAPITAL PROJECTS AND SALE OF 2019 CERTIFICATES OF OBLIGATION. Mr. Knauf advised the presentation tonight will be on capital projects and the sale of the 2019 Certificates of Obligation and the potential tax impact to homeowners and businesses. The presentation along with spreadsheet of the Tax Impact on Homeowners and Businesses are included in and being made a part of these minutes. Council Member Salter arrived at the meeting. The following eight (8) capital projects were discussed for consideration to be funded by the Bond: 1) Street Improvements: Mr. Wolf presented Council with a map of eighteen (18) streets to be considered for repairs. These streets include; Bob Hall Road, Clark Lane, 37 th Street, Tulane Road, Dawnwood Drive, Beagle Road, Allie Payne Road, Masonic Drive, Enner Road, Meeks Drive, Dorman Road, Carrie Street, Luther Drive, 27 th Street, Eddleman Road, Cochran Street, Main Avenue and Womack Road. A copy of this map is included in and being made a part of these minutes. He briefed Council on the process for repairing the roads. He advised the estimated cost to repair all eighteen streets is $4,000,000. 2) Recreation Center (old Natatorium site): Mayor Spears advised Orange needs activities for children and youth. He advised Council has toured the Natatorium and are aware of the condition it is in. He advised this is the perfect opportunity to re-purpose the Natatorium into a state of the art Recreation Center. Rob Clark, Architectural Alliance, briefed Council on tentative plans to convert the Natatorium into a Recreation Center. Mr. Knauf advised the estimated cost for the Recreation Center is $3,000,000. 3) Pavilion at the Boat Ramp: Mr. Knauf advised the estimated cost to build a pavilion at the boat ramp which includes restrooms is $800,000. 4) Fire Truck: Chief Frenzel advised the Department really needs two (2) new fire trucks. He advised if purchased, this fire truck would replace Engine 7. He advised Engine 7 has been in operation for nineteen (19) years. He briefed Council on the condition of the Engine. He advised it would take about one (1) year to receive the truck once it is ordered. He advised the cost for one (1) fire truck is $600,000. 5) Sidewalks: Mr. Knauf advised the repair of sidewalks is an eligible project for the use of the certificates. He advised the estimated cost is $250,000. Page 10 of 85

11 Special Call Meeting 3 December 4, ) Lions Den Playscape Replacement: Mr. Knauf advised the playscape at Lions Den is approximately twenty (20) years old. Mr. Wolf briefed Council on the demolishing and replacing the equipment. He advised the estimated cost is $650,000. 7) Generator for new City Hall: Mr. Knauf advised staff highly encourages Council to consider the purchase of a generator for the new City Hall. He advised the current generator at City Hall is too small. He advised the estimated cost for a new one is $200,000. 8) Streetscape Improvements: Mr. Knauf advised the improvements would make the City look more attractive. He advised the estimated cost is $500,000. Mr. Knauf advised the total cost for all eight (8) projects is $10,000,000. He advised it is the consensus of Council to issue the bonds at $8 million. He advised the Council that they need to make decisions tonight as to what projects they want to fund. Mr. Knauf presented each Council Member with a Capital Project Rating Form for them to decide on what projects they want to fund and at what level funding. He advised this was a Straw Poll. A copy of the Form is included in and being made a part of these minutes. After the Forms were collected, Ms. Zeto tallied the results into a Excel Spreadsheet. A copy of the spreadsheet is included in and being made a part of these minutes. The results are as follows: 1) Street Improvements: $3,142,857 2) Recreation Center (old Natatorium site) $3,000,000 3) Pavilion at the Boat Ramp $ 800,000 4) Fire Truck $ 600,000 5) Generator for new City Hall $ 200,000 6) Streetscape Improvements $ 257,143 TOTAL $8,000,000 Mr. Goodson advised Council not to forget the cost to issue the Bond has to be considered in the total cost. Mr. Knauf advised that he, Mr. Goodson and James Gilley will work together on the wording of the projects to be included in the official documents related to the sale of the Certificates. Mayor Spears made a motion to fund the 2019 Capital Projects identified at $8,000,000. Second to the motion was made by Council Member Burch which carried unanimously. Page 11 of 85

12 Special Call Meeting 4 December 4, 2018 ADJOURNMENT There being no further business before the Council, Council Member Pernell moved to adjourn the meeting. Second to the motion was made by Council Member Salter which carried unanimously. The meeting adjourned at 7:02 p.m. ATTEST: Larry Spears Jr, Mayor Patricia Anderson, City Secretary Page 12 of 85

13 STATE OF TEXAS } COUNTY OF ORANGE } December 11, 2018 BE IT REMEMBERED THAT a Regular Meeting of the Orange City Council of the City of Orange, Orange County, Texas, was held in the Library Auditorium on Tuesday, December 11, COUNCIL MEMBERS PRESENT: Larry Spears Jr. Mayor Patrick A. Pullen Mayor Pro-Tem Brad Childs Council Member Terrie T. Salter Council Member Annette Pernell Council Member Bill Mello Council Member Paul Burch Council Member COUNCIL MEMBERS ABSENT: None STAFF MEMBERS PRESENT: Kelvin Knauf Interim City Manager Jay Trahan Assistant City Manager, Director of Economic Development Patricia Anderson City Secretary Jennifer Krummel Deputy City Secretary Lane Martin Chief of Police Cheryl Zeto Director of Finance Jim Wolf Director of Public Works Brenna Manasco Library Director David Frenzel Fire Chief Lee Anne Brown Deputy Fire Chief Sandy Wilson Grants Planner Jana Bernard C ode Enforcement Officer Hillary Gravett S o c i a l M e d i a Coordinator Mike Zeto CIS Manager Kelly Griffin Police Evidence & ID Tech Jack Smith City Attorney STAFF MEMBERS ABSENT: None Mayor Spears called the meeting to order at 9:00 a.m. Mayor Pro Tem Pullen led the Invocation and the Pledge of Allegiance. Page 13 of 85

14 Regular Meeting 2 December 11, 2018 MOTION FINDING THAT THE ADVANCE POSTING AND NOTICE REQUIREMENTS OF ARTICLE OF THE CODE OF ORDINANCES OF THE CITY OF ORANGE, TEXAS HAVE BEEN MET IN RELATION TO ALL MINUTES AND PENDING ORDINANCES AND RESOLUTIONS ON THIS AGENDA AND THAT THE READING OF SUCH ITEMS BE CONFINED TO THE CAPTIONS AS ARE AGREED UPON BY THE ORDINANCES AND RESOLUTIONS. Council Member Pernell moved to approve the motion. Second to the motion was made by Mayor Pro-Tem Pullen which carried unanimously. APPROVAL OF MINUTES Council Member Pernell moved to approve the minutes of the October 9, 2018 Planning and Zoning Commission Meeting. Second to the motion was made by Council Member Childs which carried unanimously. Council Member Salter moved to approve the minutes of the October 23, 2018 Orange Economic Development Corporation Meeting. Second to the motion was made by Council Member Burch which carried unanimously. Council Member Pernell moved to approve the minutes of the November 13, 2018 Orange Economic Development Corporation Meeting. Second to the motion was made by Council Member Salter which carried unanimously. CITIZEN COMMENTS Henry Lowe, 106 West Dewey Avenue, thanked Council for considering the new projects that were discussed at the Special Call Meeting on December 4, He advised he would like Council to consider naming the pavilion that is being proposed to be built at the Boat Ramp after Clarence Gatemouth Brown. Michael Hogg, owner of American Wrecker, advised there has not been any change to the City s Tow Truck Ordinance since the last time he addressed the Council. He advised he still has concerns regarding the Ordinance. He feels it is intentionally manipulation. Shane Pender, driver for American Wrecker, advised he received a ticket for solicitation, but did not solicitate. PUBLIC HEARING A public hearing was conducted regarding the proposed use of CDBG-DR disaster recovery funds received from the Texas General Land Office for Hurricane Harvey-4332 recovery grant funds for infrastructure projects. The public hearing began at 9:19 a.m. Page 14 of 85

15 Regular Meeting 3 December 11, 2018 Greg Wobbe, MPTX, briefed Council on the initial components of the participation plan for the CDBG-DR 4332 Hurricane Harvey Infrastructure Program. A copy of these components are included in and being made a part of these minutes. Deputy Chief Brown advised the CDBG-DR Hurricane Harvery Infrastructure Public Comments and Suggestions Forms are available on the City s website and at the Orange Public Library. Mr. Wobbe advised the deadline for submitting the form is January 2, 2019, but can be extended if the City desires to extend it. The public hearing ended at 9:40 a.m. ORDINANCES FINAL READING: ORDINANCE AMENDING IN IT S ENTIRETY CHAPTER 4 ARTICLE SALE OF ICE CREAM FROM MOTOR VEHICLES IN RESIDENTIAL DISTRICTS OF THE CODE OF ORDINANCES OF THE CITY OF ORANGE; ALLOWING THE SALE OF ICE CREAM, SNOW CONES OR SIMILAR ITEMS FROM A VEHICLE OR MOBILE CART; MAKING CERTAIN FINDINGS RELATIVE THERETO; PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND ESTABLISHING AN EFFECTIVE DATE. (FIRST READING NOVEMBER 13, 2018) Council Member Mello moved to approve the ordinance. Second to the motion was made by Council Member Salter which carried unanimously. A copy of this ordinance is being made a part of these minutes as Ordinance Number FINAL READING: ORDINANCE AMENDING APPENDIX A FEE SCHEDULE ARTICLE BUSINESS RELATED FEES OF THE CODE OF ORDINANCES OF THE CITY OF ORANGE BY ADDING SECTION REQUIRING A FEE FOR A PERMIT TO SELL ICE CREAM, SNOW CONES OR SIMILAR PRODUCTS FROM A VEHICLE OR MOBILE CART; MAKING CERTAIN FINDINGS RELATIVE THERETO; PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND ESTABLISHING AN EFFECTIVE DATE. (FIRST READING NOVEMBER 13, 2018) Council Member Mello moved to approve the ordinance. Second to the motion was made by Council Member Pernell which carried unanimously. A copy of this ordinance is being made a part of these minutes as Ordinance Number FIRST READING: ORDINANCE OF THE CITY OF ORANGE, TEXAS AMENDING THE ORANGE CODE OF ORDINANCES CHAPTER 8 PERSONNEL & ADMINISTRATION ARTICLE 8.12 CITY COUNCIL RULES OF PROCEDURES BY ADDING SECTION APPOINTMENTS TO BOARDS AND COMMISSIONS, PROVIDING AN EFFECTIVE DATE; PROVIDING A SEVERABILITY CLAUSE; AND REPEALING ANY ORDINANCE IN CONFLICT WITH THIS ORDINANCE TO THE EXTENT Page 15 of 85

16 Regular Meeting 4 December 11, 2018 OF SUCH CONFLICT. Council Member Pernell advised she would like to table the ordinance. She advised she is concerned about the same individuals serving on all the boards. She advised she would like to see citizens get involved and serve on the boards. Mr. Knauf advised the City has problems filling the vacancies on the boards. Council Member Mello advised the ordinance should be considered because of the vacancies on the boards. Council Member Mello moved to approve the ordinance. Second to the motion was made by Mayor Pro-Tem Pullen which carried with the following vote: COUNCIL MEMBERS VOTING AYE: COUNCIL MEMBERS VOTING NO: Mayor Spears, Mayor Pro-Tem Pullen, Council Member Childs, Council Member Salter, Council Member Mello and Council Member Burch Council Member Pernell RESOLUTIONS FIRST READING: RESOLUTION APPROVING THE SPANKY S BAR-B-QUE INFRASTRUCTURE GRANT AGREEMENT NOT TO EXCEED $50,000 FOR THE PURPOSE OF ECONOMIC DEVELOPMENT. Council Member Mello moved to approve the resolution. Second to the motion was made by Council Member Salter which carried unanimously. RESOLUTION ACKNOWLEDGING AN APPROVED AND QUALIFIED LIST OF CONTRACTORS FOR HOME ELEVATION AND LIFTING SERVICES FOR DISASTER RECOVERY GRANT PROGRAMS ON BEHALF OF THE CITY OF ORANGE. Council Member Mello moved to approve the resolution. Second to the motion was made by Mayor Pro-Tem Pullen which carried unanimously. A copy of this resolution is being made a part of these minutes as Resolution Number RESOLUTION AWARDING A CONTRACT TO SABINE RIVER FORD, INC. IN THE AMOUNT OF $35, FOR THE PURCHASE OF ONE (1) 2019 FORD F-550 CAB/CHASSIS FOR THE REFURBISHMENT OF A LIGHT RESCUE UNIT FOR THE ORANGE FIRE DEPARTMENT. Mayor Pro-Tem Pullen advised he would like Chief 3 added after light rescue unit since this vehicle would be used by the daily officer in charge. Mayor Pro-Tem Pullen moved to approve the resolution. Second to the motion was made by Council Member Childs which carried unanimously. Page 16 of 85

17 Regular Meeting 5 December 11, 2018 A copy of this resolution is being made a part of these minutes as Resolution Number RESOLUTION AWARDING A CONTRACT TO NAPCO CHEMICAL COMPANY, INC. IN THE AMOUNT OF $65, FOR LIQUID POLYPHOSPHATE TO TREAT THE LINK STREET AND MEEKS DRIVE WATER WELLS FOR FY Council Member Mello moved to approve the resolution. Second to the motion was made by Council Member Salter which carried unanimously. A copy of this resolution is being made a part of these minutes as Resolution Number RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO ENTER INTO AN AGREEMENT WITH FITZ & SHIPMAN, INC. IN THE AMOUNT OF $46, PLUS REIMBURSABLE EXPENSES AND ADDITIONAL SERVICES IN NEEDED FOR PROFESSIONAL ENGINEERING SERVICES AND SURVEYING SERVICES FOR THE WEST SIDE WATER EXTENSION, PHASE I. Council Member Mello moved to approve the resolution. Second to the motion was made by Council Member Salter which carried unanimously. A copy of this resolution is being made a part of these minutes as Resolution Number RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO ENTER INTO AN AGREEMENT WITH FITTZ & SHIPMAN, INC. IN THE AMOUNT OF $22, PLUS REIMBURSABLE EXPENSES AND ADDITIONAL SERVICES IF NEEDED FOR PROFESSIONAL ENGINEERING SERVICES AND SURVEYING SERVICES FOR TULANE ROAD SOUTH SIDE FORCE MAIN REPLACEMENT. Council Member Mello moved to approve the resolution. Second to the motion was made by Council Member Childs which carried unanimously. A copy of this resolution is being made a part of these minutes as Resolution Number RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO ENTER INTO AN AGREEMENT WITH SCHAUMBURG & POLK, INC. IN THE AMOUNT OF $17, PLUS REIMBURSABLE EXPENSES AND ADDITIONAL SERVICES IF NEEDED FOR PROFESSIONAL ENGINEERING SERVICES FOR THE PROPOSED REGIONAL LIFT STATION STUDY. Council Member Mello moved to approve the resolution. Second to the motion was made by Mayor Pro-Tem Pullen which carried unanimously. A copy of this resolution is being made a part of these minutes as Resolution Number RESOLUTION AWARDING A CONTRACT TO MAY RECREATION EQUIPMENT AND DESIGN, LP IN THE AMOUNT OF $94, FOR THE PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT TO BE LOCATED IN NAVY PARK, ORANGE, TEXAS. Council Member Pernell moved to approve the resolution. Second to the motion was made by Council Member Salter which carried unanimously. A copy of this resolution is being made a part of these minutes as Resolution Number RESOLUTION AWARDING A CONTRACT TO SKY WONDER PYROTECHNICS, LLC IN THE AMOUNT OF $20, FOR THE FIREWORKS DISPLAY FOR THE JULY 4 TH CELEBRATION AT THE RIVERFRONT PAVILION ON JULY 4, Council Member Childs moved to approve the resolution. Second to the motion was made by Council Member Page 17 of 85

18 Regular Meeting 6 December 11, 2018 Pernell which carried unanimously. A copy of this resolution is being made a part of these minutes as Resolution Number RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO ENTER INTO A SPECIAL EVENT AGREEMENT WITH THE DEEP SOUTH RACING ASSOCIATION (DSRA) FOR A BOAT RACES EVENT TO BE HELD IN ORANGE, TEXAS MAY 18 THROUGH MAY 19, 2019 AT A FEE OF $15, IN AN EFFORT TO PROMOTE TOURISM AND THE HOTEL INDUSTRY. Mayor Pro-Tem Pullen moved to approve the resolution. Second to the motion was made by Council Member Salter which carried unanimously. A copy of this resolution is being made a part of these minutes as Resolution Number RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO ENTER INTO A PERFORMANCE AGREEMENT WITH TX H20 FOR A JET SKI RACING EVENT TO BE HELD IN ORANGE, TEXAS APRIL 27 THROUGH APRIL 28, 2019 AT A FEE OF $18, FUNDED BY THE ORANGE CONVENTION & VISITORS BUREAU IN AN EFFORT TO PROMOTE TOURISM AND THE HOTEL INDUSTRY. Council Member Pernell moved to approve the resolution. Second to the motion was made by Council Member Salter which carried unanimously. A copy of this resolution is being made a part of these minutes as Resolution Number RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO ENTER INTO A LICENSE AGREEMENT, INDEMNITY AND RELEASE WITH THE NELDA C. AND H.J. LUTCHER STARK FOUNDATION FOR THE USE OF STARK PARK FOR ART IN THE PARK, APRIL 6, Council Member Salter moved to approve the resolution. Second to the motion was made by Council Member Pernell which carried unanimously. A copy of this resolution is being made a part of these minutes as Resolution Number RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH STRATEGIC GOVERNMENT RESOURCES, INC. (SGR) FOR EXECUTIVE RECRUITMENT SERVICES FOR THE POSITION OF CITY MANAGER IN AN AMOUNT NOT TO EXCEED $26, PLUS RELATED ELIGIBLE EXPENSES. Kristin Navarro, Strategic Government Resources, advised the process will begin for the recruitment of a City Manager after the Agreement is executed. She advised Bob Turner will be the recruiter. Council Member Pernell moved to approve the resolution. Second to the motion was made by Mayor Pro-Tem Pullen which carried unanimously. A copy of this resolution is being made a part of these minutes as Resolution Number DISCUSSION/ACTION MOTION APPROVING THE ORANGE COUNTY UNIFORM TAX ABATEMENT POLICY EFFECTIVE DECEMBER 11, Council Member Childs moved to approve the motion. Second to the motion was made by Council Member Mello which carried with the following vote: Page 18 of 85

19 Regular Meeting 7 December 11, 2018 COUNCIL MEMBERS VOTING AYE: COUNCIL MEMBERS VOTING NO: Council Member Childs, Council Member Salter, Council Member Mello and Council Member Burch Mayor Spears, Mayor Pro-Tem Pullen and Council Member Pernell MOTION APPOINTING J. DAVID DEROSIER TO THE BOARD OF ADJUSTMENT AS AN ALTERNATE MEMBER FOR A TERM ENDING DECEMBER 31, Mayor Spears moved to approve the motion. Second to the motion was made by Council Member Pernell which carried unanimously. DISCUSSION AND POSSIBLE ACTION REGARDING WAIVING AND/OR ADJUSTING THE BUILDING PERMIT FEES DUE TO HURRICANE HARVEY. Council Member Mello moved to extend waiving and/or adjusting the building permit fees due to Hurricane Harvey for an additional six (6) months. Second to the motion was made by Council Member Salter. DISCUSSION AND POSSIBLE ACTION REGARDING NECESSARY BUSINESS RESULTING FROM HURRICANE HARVEY. No report was given. INTERIM CITY MANAGER REPORT Mr. Knauf introduced Jana Bernard the new Code Enforcement Officer. Mr. Knauf advised the following on the May 4, 2019 City Elections: * Places 2, 4 and 5 are up for election * Filing deadline is January 16, 2019 through February 15, 2019 * Applications can be picked up in the City Secretary s Office beginning January 2, 2019 He advised Council should have received a copy of the 16 th Street Improvements Survey. CITY COUNCIL REPORT The Council wished everyone a Merry Christmas and a Happy New Year. Mayor Spears advised 2018 has been a year of progress. He thanked City Staff and City Council for their hard work. ADJOURNMENT There being no further business before the Council, Council Member Pernell moved to adjourn the meeting. Second to the motion was made by Council Member Salter which carried unanimously. Page 19 of 85

20 Regular Meeting 8 December 11, 2018 The meeting adjourned at 10:28 a.m. ATTEST: Larry Spears Jr., Mayor Patricia Anderson, City Secretary Page 20 of 85

21 MEMORANDUM To: From: Subject: Mayor and City Council Kelvin Knauf, Interim City Manager Consider an ordinance allowing the City Council to appoint persons to more than one board or commission except the Planning and Zoning Commission and the Board of Adjustment concurrently Date: December 3, 2018 Occasionally, the City is having trouble attracting applicants to some of our boards and commissions. There have been vacancies on some boards and commissions that have resulted in a lack of a quorum for the board or commission to meet. It has been the City Council s practice to appoint an eligible resident to only one board or commission at a time. Attached is a proposed ordinance that would allow the City Council to appoint an eligible resident to more than one board or commission, except that an eligible resident could not be appointed to both the Board of Adjustment and the Planning and Zoning Commission at the same time. The Board of Adjustment hears Special Exception requests and requests for variances to the zoning ordinance; as such, it would not be desirable for the person who votes on the zoning ordinance to also hear special exception requests or requests for variances to the zoning ordinance. Page 21 of 85

22 ORDINANCE NO. AN ORDINANCE OF THE CITY OF ORANGE, TEXAS AMENDING THE ORANGE CODE OF ORDINANCES CHAPTER 8 PERSONNEL & ADMINISTRATION ARTICLE 8.12 CITY COUNCIL RULES OF PROCEDURE BY ADDING SECTION APPOINTMENTS TO BOARDS AND COMMISSIONS, PROVIDING AN EFFECTIVE DATE; PROVIDING A SEVERABILITY CLAUSE; AND REPEALING ANY ORDINANCE IN CONFLICT WITH THIS ORDINANCE TO THE EXTENT OF SUCH CONFLICT WHEREAS, the City of Orange has established boards and commissions to assist the City Council with policy issues, and to make decisions as authorized by State law, the City Charter or City ordinances; and WHEREAS, the City Council encourages residents of the community to apply for appointment to the various boards and commissions; and WHEREAS, occasionally there are vacancies on the various boards and commissions and no applications have been received for appointment to the vacant positions resulting in lack of a quorum; and WHEREAS, the City Council believes it is in the public interest to have quorums of the various boards and commissions so that they can meet, discuss and in some cases decide City matters; now, therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ORANGE, TEXAS THAT: Section 1. Chapter 8, Article Section Appointments to Boards and Commissions shall read as follows: The City Council may make appointments of eligible citizens to the various boards and commissions. To be eligible, a citizens must: not be delinquent on any City taxes or utilities; be a qualified City of Orange voter at the time of appointment; have been a resident of Orange for at least six months before the date of appointment; have not been finally convicted of a felony; and have not been determined mentally incompetent by a final judgement of a court. The City Council may appoint a citizen to more than one board or commission except that an Page 22 of 85

23 eligible citizen may not be appointed to both the Planning and Zoning Commission and Board of Adjustment concurrently. Section 2. That this ordinance shall become effective upon second and final reading and publication as required by State law. Section 3. That all ordinances that are in conflict with the provisions of this ordinance be repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4. That it is expressly ordained that if any section or subsection, clause, sentence or paragraph of the ordinance shall be found to be illegal, invalid, or void by any court of competent jurisdiction, then such findings shall not affect the remaining portions of this ordinance, but the same shall be valid and in effect, it being the expressed intention of the City Council of the City of Orange, Texas to pass each and every sentence, clause, paragraph or section individually. PASSED AND APPROVED on first reading this the 11th day of December, PASSED, APPROVED and ADOPTED on second reading this the day of, ATTEST: Larry Spears, Mayor Patricia Anderson, City Secretary APPROVED AS TO FORM: City Attorney Page 23 of 85

24 MEMORANDUM To: From: Subject: Mayor and City Council Kelvin Knauf, Interim City Manager Annual authorization of municipal participation in regulatory proceedings Date: December 27, 2018 The City participates in the Cities Steering Committee to intervene in fuel or fuel related proceedings at the Public Utilities Commission (PUC) and the Federal Energy Regulatory Commission (FERC). The City uses the services of Mr. Dan Lawton to represent the City in matters before the PUC or FERC. Cities are entitled to reimbursement by the utility provider of their reasonable rate case expenses. Entergy Texas Inc. is anticipated to litigate requests in various proceedings before the PUC and FERC this calendar year. Cities have the right to set fair and reasonable rates for customers within cities. This ordinance authorizes the services of Mr. Lawton to represent the City in matters before the PUC and FERC in Page 24 of 85

25 ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF ORANGE, TEXAS, AUTHORIZING PARTICIPATION WITH OTHER ENTERGY SERVICE AREA CITIES IN MATTERS CONCERNING ENTERGY TEXAS, INC. AT THE PUBLIC UTILITY COMMISSION OF TEXAS IN 2019; AUTHORIZING THE HIRING OF LAWYERS AND RATE EXPERTS; AUTHORIZING THE CITY S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE PUBLIC UTILITY COMMISSION OF TEXAS; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE WHEREAS, Cities have exclusive original jurisdiction over rates, operations, and services of an electric utility in areas in the municipality pursuant to Tex. Util. Code ; WHEREAS, Cities have standing in each case before the Public Utility Commission of Texas that relates to an electric utility providing service in the municipality pursuant to Tex. Util. Code ; WHEREAS, Entergy Texas, Inc. ( ETI or Company ) is expected to litigate rate change requests in various proceedings before the Public Utility Commission of Texas or before municipalities in 2019, which may include (1) rate proceedings or cost adjustments such as a transmission cost recovery rider, a distribution cost recovery rider, energy efficiency cost recovery factor, or hurricane restoration cost or offset true-ups, and (2) various fuel cost refunds or surcharges and reconciliations; WHEREAS, ETI is scheduled to file fuel factor proceedings at the Public Utility Commission in February and August 2019, and may file other fuel proceedings to refund or surcharge fuel charges; WHEREAS, ETI is scheduled to file a proceeding to recover costs incurred in association with its Energy Efficiency Plan as well as reconcile past costs; WHEREAS, Cities have the statutory right to set fair and reasonable rates for both the Company and customers within Cities; and WHEREAS, Cities are entitled to reimbursement by the utility of their reasonable rate case expenses to participate in cases that are deemed rate proceedings pursuant to Tex. Util. Code ; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ORANGE, TEXAS, that: 1 Page 25 of 85

26 SECTION 1. The City of Orange shall participate with other Cities to intervene in ETI s various rate filings related to the various fuel cost surcharges and reconciliations, any interim or incremental surcharge proceedings or surcharge adjustments, and for any base rate adjustment proceedings or cost of service adjustments on file with the Public Utility Commission of Texas or with municipalities in SECTION 2. The City of Orange employs the Lawton Law Firm P.C. to represent the City with regard to the ETI rate matters before local and Public Utility Commission of Texas and any court of law and authorizes counsel to employ rate experts as are recommended by the Cities Steering Committee to intervene in fuel or rate related proceedings at the Public Utility Commission concerning ETI s rates charged to Texas customers. SECTION 3. All such actions shall be taken pursuant to the direction of the Cities Steering Committee. Cities Steering Committee shall have authority to retain rate consultants and lawyers. Cities Steering Committee shall direct the actions of Cities representatives in the above proceedings. The Steering Committee is directed to obtain reimbursement from ETI of all reasonable expenses associated with participation in said proceedings. SECTION 4. The meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. SECTION 5. This Ordinance shall be effective from and after the date of its passage. PASSED by vote of the City Council of the City of, Texas, on first reading this 8th day of January, PASSED, APPROVED and ADOPTED by vote of the City Council of the City of, Texas, on second reading this day of THE CITY OF ORANGE, TEXAS Larry Spears Jr., Mayor ATTEST: Patricia Anderson, City Secretary 2 Page 26 of 85

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