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

Transcription

1 MEETING AGENDA ORANGE CITY COUNCIL Orange Public Library Auditorium 220 N. Fifth Street Orange, Texas January 22, :30 p.m. 1. CALL TO ORDER Mayor 2. INVOCATION and PLEDGE OF ALLEGIANCE Council Member Mello 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) December 11, 2018 Orange Economic Development Corporation Meeting 7 Mayor/Council b) January 8, 2019 Regular City Council Meeting 10 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. City Council Meeting, January 22, 2019 City of Orange, Texas Page 1 Page 1 of 154

2 6. PUBLIC HEARING a) Conduct a public hearing on an annexation petition by Dan Creel on behalf of Ben Nevis West, LTD for a acre tract of land lying in the Claiborne West Survey, Abstract No. 27, Orange County, Texas, being out of and a part of that called 2.50 acre tract of land described in an instrument to JMJR Investments, LLC of record in Clerk s File No of the Official Public Records of Orange County, Texas. 16 Staff: Knauf 7. PRESENTATION a) Presentation by financial advisor and bond counsel on proposed Tax & Revenue Certificates of Obligation, Series Guy Goodson, Germer PLLC 8. RESOLUTION a) Consider and possible action to approve a resolution expressing official intent to reimburse with tax-exempt obligation proceeds for costs associated with contractual obligations and improvements to City Facilities. 21 Guy Goodson, Germer PLLC 9. ORDINANCE a) Consider an ordinance authorizing and approving publication of Notice of Intention to issue City of Orange, Texas Tax & Revenue Certificates of Obligation, Series 2019 (the Certificates ) in a maximum principal amount not to exceed $8,000,000; authorizing the Mayor, City Manager, City Secretary, City Staff, City Financial Advisors, Legal Counsel and Bond Counsel to take all actions deemed necessary in connection with the issuance and sale of such Certificates; and providing an effective date. 24 Guy Goodson, Germer PLLC 10. DISCUSSION/ACTION a) Consideration and possible action to engage Germer PLLC as bond counsel. 32 Guy Goodson, Germer PLLC 11. ORDINANCES a) Final 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. (First Reading January 8, 2019) 35 Staff: Knauf City Council Meeting, January 22, 2019 City of Orange, Texas Page 2 Page 2 of 154

3 b) First Reading: Consider an ordinance amending certain portions of Appendix A, of the Code of Ordinances of the City of Orange, Texas pertaining to Garbage and Trash Collection Services. 39 Staff: Cheryl Zeto 12. RESOLUTIONS a) First Reading: Consider a resolution approving an EDC Infrastructure Grant Agreement with JADCO Development, Inc., for the project site located at Interstate 10 and 16 th Street, Orange, Texas in an amount not to exceed $350,000 for the purpose of economic development. 43 Staff: Trahan b) Consider a resolution ordering a General Election for the purpose of electing a Council Member for Place 2 (Single- Member District 2), a Council Member for Place 4 (Single- Member District 4), and a Council Member Place 5 (At-Large); providing for the date, hours, ballot, early voting clerk and Notice of Election; providing for polling places, judges and pay, providing for other matters relating to the City Election; ordering a Run-Off Election, if necessary, to be held on June 15, 2019; and determining that the meeting at which this Resolution is passed is open to the public as required by law. Una resolución ordenando una elección general con el propósito de elegir un solo miembro al concilio al lugar 2 del distrito 2, un solo miembro al concilio al lugar 4 del distrito 4, y un miembro a lo general al concilio al lugar 5 del distrito 5; indicando la fecha, las horas, la boleta, empleo del secretario para la votación temprana y el aviso de elección; indicando los lugares de votación, los jueces y salarios, la indicación de otros asuntos relativos necesarios a la elecciòn, si es necesario, que tendrá cabo el 15 de junio de 2019; y para determinar que la junta en la cual se aprueba esta resolución que se abre al público según lo exige la ley. 57 Staff: Knauf c) Consider a resolution authorizing the Interim City Manager to enter into a Joint Election Agreement with the City of Pinehurst, the West Orange-Cove CISD and the Little Cypress-Mauriceville CISD as authorized by the Texas Election Code. 67 Staff: Knauf d) Consider a resolution entering into an agreement with the Orange County Elections Administrator to provide election services for the City of Orange. 71 Staff: Knauf City Council Meeting, January 22, 2019 City of Orange, Texas Page 3 Page 3 of 154

4 e) Consider a resolution entering into an agreement with the Orange County Elections Administrator for the lease of ES & S ExpressVote Voting System Machines for voting in the City of Orange s Elections. 75 Staff: Knauf f) Consider a resolution authorizing the Interim City Manager to enter into an agreement with BancorpSouth Equipment Finance to provide financing for the purchase of a Peterbilt 348 Chassis Grapple Truck on behalf of the City of Orange. 79 Staff: Cheryl Zeto g) Consider a resolution authorizing the City of Orange, Texas, to accept a grant from the Firehouse Sub Foundation in the amount of $12, for the purchase of two Gear Washers. 82 Staff: Brown h) Consider a resolution acknowledging additional contractors to the approved and qualified list pool for Home Elevation and Lifting Services for Disaster Recovery Grant Programs on behalf of the City of Orange. 84 Staff: Brown i) Consider a resolution authorizing the Interim City Manager to enter into an agreement with the Union Pacific Railroad for use of their right of way. 86 Staff: Wolf j) Consider a resolution awarding a contract to Simco Enterprises, LTD in the amount of $243, for the repair of West Bluff Road. 106 Staff: Wolf k) Consider a resolution authorizing the Interim City Manager to enter into an agreement with Fittz & Shipman, Inc. for an amount not to exceed $123, for Professional Engineering Services for the Eagle Pointe Boulevard Project. 114 Staff: Wolf 13. DISCUSSION/ACTION a) Consider a motion declaring a 2012 Dixie Chopper Serial #12cw3360GNGWW0074, a 2012 Dixie Chopper Serial #12cw3360GNGWW0166, a 2010 Ford Expedition Unit 0974AJ Vin# 1FMJU1F57AEB51497, a 2010 Ford Expedition Unit 0971AJ Vin# 1FMJU1F55AEB51496, a 2007 Jet Rodder Unit 0349FG Vin# 1S9KU21247C381215, a 2003 Terex HR16 Unit 0194AC Vin# 358/3907, a Gas Powered Ingersoil-Rand Air Compressor Model 10FGT Serial# and a 1990 International Truck Tractor Vin# 2HSFHACR2LC as surplus and authorizing disposal by auction through René Bates Auctioneers, Inc. 123 Staff: Wolf City Council Meeting, January 22, 2019 City of Orange, Texas Page 4 Page 4 of 154

5 b) Discussion and possible action regarding an annexation petition by Dan Creel on behalf of Ben Nevis West, LTD for a acre tract of land lying in the Claiborne West Survey, Abstract No. 27, Orange County, Texas, being out of and a part of that called 2.50 acre tract of land described in an instrument to JMJR Investments, LLC of record in Clerk s File No of the Official Public Records of Orange County, Texas. 125 Staff: Knauf c) Consider a motion to approve the use of the online payment method provided by The Payment Group for Municipal Court payments. 130 Staff: Cheryl Zeto d) Consider a motion acknowledging receipt of the Quarterly Investment Report for the period ending December 31, Staff: Cheryl Zeto e) Consider a motion acknowledging receipt of the Orange Economic Development Corporation Financial Report for the quarter ending December 31, Staff: Cheryl Zeto f) Consider a motion acknowledging receipt of the Orange Economic Development Corporation Investment Report for the quarter ending December 31, Staff: Cheryl Zeto g) Discussion and possible action regarding necessary business resulting from Hurricane Harvey. Staff: Knauf 14. REPORTS a) Interim City Manager Report b) City Council Report 15. ADJOURN TO CLOSED EXECUTIVE SESSION a) Deliberation with City Attorney pursuant to Chapter 551 of the Texas Government Code: (1) Deliberation regarding Personnel Matters as authorized by Subsection presentation by SGR regarding City Manager search process. Mayor/Council 16. RECONVENE IN OPEN SESSION a) Take action as necessary regarding item 15 a (1) above. Mayor/Council 17. ADJOURNMENT City Council Meeting, January 22, 2019 City of Orange, Texas Page 5 Page 5 of 154

6 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 22, 2019 City of Orange, Texas Page 6 Page 6 of 154

7 Page 7 of 154

8 Page 8 of 154

9 Page 9 of 154

10 STATE OF TEXAS } COUNTY OF ORANGE } January 08, 2019 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, January 08, 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 COUNCIL MEMBERS ABSENT: Paul Burch Council Member STAFF MEMBERS PRESENT: Kelvin Knauf Interim City Manager, Director of Planning and C o m m u n i t y Development 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 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 9:15 a.m. Council Member Salter led the Invocation and the Pledge of Allegiance. 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 Page 10 of 154

11 Regular Meeting 2 January 08, 2019 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 Council Member Childs which carried unanimously. APPROVAL OF MINUTES 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. Council Member Childs moved to approve the minutes of the December 4, 2018 Special Call City Council Meeting. Second to the motion was made by Council Member Pernell which carried unanimously. Mayor Pro-Tem Pullen moved to approve the minutes of the December 11, 2018 Regular City Coucil Meeting. Second to the motion was made by Council Member Salter which carried unanimously. CITIZEN COMMENTS John Mazoch, 4031 Fairview Drive, advised he is concerned about not being able to enter his properties located at 603 and 605 North Orange Street due to health and safety issues. He advised the City wants to condemn them. Alan Mesecher, th Street, advised he is concerned about trash pick-up. PRESENTATIONS Janice Eklund, Study Manager for the Center for Disease Control on the National Health Survey, advised that Orange County has been selected to conduct a health study. She gave a brief overview of the process involved after an individual had been selected to participate in the study. Ms. Eklund advised the date collected from the study will help with developing health policies in the future. Terry Woodson with Waste Management, advised because of the tragedy that happened in Orange late November that involved one of its employees, Waste Management would like to modify the trash pick up day that would involve three small areas in Orange. She advised these areas are considered high risk areas. She briefed the Council on the proposed plan for these areas to help with the safety issues. Ms. Woodson advised the changes will be presented to Council for approval. ORDINANCES FINAL READING: ORDINANCE OF THE CITY OF ORANGE, TEXAS AMENDING THE ORANGE CODE OF Page 11 of 154

12 Regular Meeting 3 January 08, 2019 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 OF SUCH CONFLICT. (FIRST READING DECEMBER 11, 2018) Council Member Mello moved to approve the ordinance. Second to the motion was made by Council Member Salter 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 and Council Member Mello Council Member Pernell A copy of this ordinance is being made a part of these minutes as Ordinance Number FIRST READING: 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. Council Member Mello moved to approve the ordinance. Second to the motion was made by Council Member Childs which carried unanimously. RESOLUTIONS FINAL READING: 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) 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 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. Council Member Mello moved to approve the resolution. Second to the motion was made by Council Page 12 of 154

13 Regular Meeting 4 January 08, 2019 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 OUTDOOR HOSPITALITY IN THE AMOUNT OF $48, FOR THE RIVERFRONT PARK EROSION PROJECT. 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 AWARDING A CONTRACT TO DXI INDUSTRIES, INC. IN THE AMOUNT OF $24, FOR LIQUID CHLORINE FOR THE TREATMENTS FOR THE WATER WELL FISCAL YEAR Council Member Mello 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 DISCUSSION/ACTION 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. 3. Council Member Mello moved to approve the motion. Second to the motion was made by Council Member Pernell which carried unanimously. 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. 1. Council Member Childs moved to approve the motion. Second to the motion was made by Mayor Pro-Tem Pullen which carried unanimously. 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, Council Member Mello moved to approve the motion. Second to the motion was made by Council Member Pernell which carried unanimously. Page 13 of 154

14 Regular Meeting 5 January 08, 2019 MOTION APPOINTING ISAAC HENRY III TO THE BOARD OF ADJUSTMENT AS A REGULAR MEMBER FOR A TERM ENDING DECEMBER 31, Mayor Pro-Tem Pullen moved to approve the motion. Second to the motion was made by Council Member Pernell which carried unanimously. MOTION RE-APPOINTING ED FREIBERG TO THE BOARD OF ADJUSTMENT AS A REGULAR MEMBER FOR A TERM ENDING DECEMBER 31, Council Member Pernell moved to approve the motion. Second to the motion was made by Council Member Childs which carried unanimously. MOTION CANCELLING THE FEBRUARY 12, 2019 REGULAR CITY COUNCIL MEETING. Council Member Mello moved to approve the motion. Second to the motion was made by Council Member Salter which carried unanimously. DISCUSSION AND POSSIBLE ACTION REGARDING NECESSARY BUSINESS RESULTING FROM HURRICANE HARVEY. No report was given. INTERIM CITY MANAGER REPORT Mr. Knauf advised that the City has purchased a 75" television to be used for presentations. He advised the television not only can be used at City Council Meetings, but used by all departments in the City for presentations. Mr. Knauf demonstrated the capabilities of the television. 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 Mr. Knauf advised that all non-emergency City of Orange offices will be closed, Monday, January 21, 2019 in observance of Martin Luther King Jr. Day. CITY COUNCIL REPORT Mayor Spears advised that 2018 ended on a positive note and encouraged citizens to continue being positive in Mayor Spears advised that the 2019 MLK Gala Blossoming Minds will be held Saturday, January 19, 2019 beginning at 5:30 p.m. ADJOURNMENT There being no further business before the Council, Council Member Salter moved to adjourn the Page 14 of 154

15 Regular Meeting 6 January 08, 2019 meeting. Second to the motion was made by Council Member Childs which carried unanimously. The meeting adjourned at 10:07 a.m. ATTEST: Larry Spears Jr., Mayor Patricia Anderson, City Secretary Page 15 of 154

16 Page 16 of 154

17 Page 17 of 154

18 Page 18 of 154

19 Page 19 of 154

20 Page 20 of 154

21 Page 21 of 154

22 Page 22 of 154

23 Page 23 of 154

24 Page 24 of 154

25 Page 25 of 154

26 Page 26 of 154

27 Page 27 of 154

28 Page 28 of 154

29 Page 29 of 154

30 Page 30 of 154

31 Page 31 of 154

32 Page 32 of 154

33 Page 33 of 154

34 Page 34 of 154

35 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 35 of 154

36 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 36 of 154

37 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 37 of 154

38 APPROVED AS TO FORM: City Attorney 3 Page 38 of 154

39 Page 39 of 154

40 Page 40 of 154

41 Page 41 of 154

42 Page 42 of 154

43 Page 43 of 154

44 Page 44 of 154

45 Page 45 of 154

46 Page 46 of 154

47 Page 47 of 154

48 Page 48 of 154

49 Page 49 of 154

50 Page 50 of 154

51 Page 51 of 154

52 Page 52 of 154

53 Page 53 of 154

54 Page 54 of 154

55 Page 55 of 154

56 Page 56 of 154

57 M EM O R A N D U M To: From: Kelvin Knauf, Interim City Manager Mayor and City Council Members Patricia Anderson, City Secretary Date: January 10, 2019 Re: May 4, 2019 General Election Orange County Elections Administrator s Office has purchased a new voting system called ES&S ExpressVote, which involves using optical scanner ballots. This system will be used in its next election. The City will adopt this same method of voting to begin using in the May 4 th General Election. Tina Barrow, Orange County Election Administrator, will be present at the meeting to give a brief overview of the new system. The following Resolutions all deal with the May 4, 2019 General Election: Item 12b) This is the Resolution ordering the May 4 th General Election for the following positions: Council Member Place 2 (Single-Member District 2), Council Member Place 4 (Single-Member District 4) and Council Member Place 5 (At-Large). All are three (3) year terms. EARLY VOTING will be held at the Orange Public Library from 8:30 a.m. until 4:30 p.m. beginning Monday, April 22 nd through Tuesday, April 30 th. On both Tuesdays, April 23 rd and April 30 th, voting will be conducted from 8:00 a.m. until 8:00 p.m. ELECTION DAY, the polls will be open from 7:00 a.m. until 7:00 p.m. at the following locations: * District 1 - Salvation Army located on Martin Luther King Drive * District 2 - Little Cypress Intermediate School located on Allie Payne Road * District 3 - North Early Learning Center located on Cordrey Avenue * District 4 - West Orange-Cove CISD, Education Service Center/Administration Building located on Park Avenue Item 12c) This is the Resolution authorizing the following entities to enter into an agreement to share common polling locations as well as the cost of the ES&S ExpressVote voting equipment: Cities of Orange and Pinehurst, West Orange-Cove School District and the Little Cypress Mauriceville School District. Page 57 of 154

58 Item 12d) & 12e) The next two agenda items are Resolutions entering into agreements with the Orange County Elections Administrator for contracted duties for the election and the lease of the ES&S ExpressVote voting equipment at a cost of $ per machine. The cost of these machines will be shared by the entities sharing a polling place for early voting and polling places on election day. Because this is the first time this system has been used for elections held in this County, there may be modifications that need to be made to the Resolutions and Agreements. If there are any to be made, the items will be brought back to Council for approval. Page 58 of 154

59 Page 59 of 154

60 Page 60 of 154

61 Page 61 of 154

62 Page 62 of 154

63 Page 63 of 154

64 Page 64 of 154

65 Page 65 of 154

66 Page 66 of 154

67 Page 67 of 154

68 Page 68 of 154

69 Page 69 of 154

70 Page 70 of 154

71 Page 71 of 154

72 Page 72 of 154

73 Page 73 of 154

74 Page 74 of 154

75 Page 75 of 154

76 Page 76 of 154

77 Page 77 of 154

78 Page 78 of 154

79 Page 79 of 154

80 Page 80 of 154

81 Page 81 of 154

82 Page 82 of 154

83 Page 83 of 154

84 Page 84 of 154

85 Page 85 of 154

86 Page 86 of 154

87 Page 87 of 154

88 Page 88 of 154

89 Page 89 of 154

90 Page 90 of 154

91 Page 91 of 154

92 Page 92 of 154

93 Page 93 of 154

94 Page 94 of 154

95 Page 95 of 154

96 Page 96 of 154

97 Page 97 of 154

98 Page 98 of 154

99 Page 99 of 154

100 Page 100 of 154

101 Page 101 of 154

102 Page 102 of 154

103 Page 103 of 154

104 Page 104 of 154

105 Page 105 of 154

106 Page 106 of 154

107 Page 107 of 154

108 Page 108 of 154

109 Page 109 of 154

110 Page 110 of 154

111 Page 111 of 154

112 Page 112 of 154

113 Page 113 of 154

114 Page 114 of 154

115 Page 115 of 154

116 Page 116 of 154

117 Page 117 of 154

118 Page 118 of 154

119 Page 119 of 154

120 Page 120 of 154

121 Page 121 of 154

122 Page 122 of 154

123 Page 123 of 154

124 Page 124 of 154

125 Page 125 of 154

126 Page 126 of 154

127 Page 127 of 154

128 Page 128 of 154

129 Page 129 of 154

130 Page 130 of 154

131 Page 131 of 154

132 Page 132 of 154

133 Page 133 of 154

134 Page 134 of 154

135 Page 135 of 154

136 Page 136 of 154

137 Page 137 of 154

138 Page 138 of 154

139 Page 139 of 154

140 Page 140 of 154

141 Page 141 of 154

142 Page 142 of 154

143 Page 143 of 154

144 Page 144 of 154

145 Page 145 of 154

146 Page 146 of 154

147 Page 147 of 154

148 Page 148 of 154

149 Page 149 of 154

150 Page 150 of 154

151 Page 151 of 154

152 Page 152 of 154

153 Page 153 of 154

154 Page 154 of 154