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 February 26, :30 p.m. 1. CALL TO ORDER Mayor 2. INVOCATION and PLEDGE OF ALLEGIANCE Council Member Burch 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 6, 2018 Joint Meeting of the Planning and Zoning Commission and the City Council 5 Mayor/Council b) January 8, 2019 Orange Economic Development Corporation Meeting 9 Mayor/Council c) January 22, 2019 Regular City Council Meeting 12 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) Honor and recognize past and present African American Leaders in the community of Orange. Mayor/Council City Council Meeting, February 26, 2019 City of Orange, Texas Page 1 Page 1 of 91

2 b) Presentation on the status of Public Works Projects. Staff: Wolf 7. PUBLIC HEARING a) Conduct a public hearing to allow the public to comment on the rehabilitation of the Cove Water Tower located at 1000 Levingston Street, Orange, Texas. The Water Tower is currently proceeding through environmental clearance. The Water Tower is located in the 100 year floodplain and on the edge of the wetland. The project consists of repainting the exterior and interior of the water tower and tank along with any needed minor repairs. Comments are solicited for the project being in the 100 year floodplain and the proximity to a protected wetland. 21 Staff: Wilson 8. ORDINANCES a) Final 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. (First Reading January 22, 2019) 23 Staff: Cheryl Zeto 9. RESOLUTIONS a) Final 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. (First Reading January 22, 2019) 27 Staff: Trahan b) Consider a resolution in support of a request by the Jefferson County Commissioners Court to increase Amtrak s Sunset Limited Service from tri-weekly to daily. 41 Staff: Trahan c) Consider a resolution authorizing the purchase of eight (8) TX700H-KC11ES-NA/Zebra EVM, HH TC70 Handheld Electronic Ticket Writers with accessories and eight (8) Ecitation-Brazos Rapid Extension Framework software licences and Interfaces for the Orange Police Department from Tyler Technologies in the amount of $61, Staff: Mike Zeto d) Consider a resolution authorizing the Interim City Manager to enter into an agreement with Schaumburg & Polk, Inc. for an amount not to exceed $31,400 plus reimbursable expenses for professional engineering services and surveying services for the Cove Elevated Storage Tank Rehabilitation Project. 59 Staff: Wolf City Council Meeting, February 26, 2019 City of Orange, Texas Page 2 Page 2 of 91

3 10. DISCUSSION/ACTION a) Consider a motion approving action taken by the Orange Economic Development Corporation to enter into an agreement with The ITEX Group for the expenditure of funds for infrastructure improvements at Cypresswood Village Residential located near Cypresswood Drive, Orange, Texas in an amount not to exceed $350,000 for the purpose of economic development. 69 Staff: Trahan b) Consider a motion authorizing the Orange County Mosquito Control District to fly low altitudes as required for the application of insecticides for the abatement of mosquitoes within the limits of the City of Orange. 74 Staff: Knauf c) Consider a motion declaring City-owned property described as Lot 45.5' X 248' of I, O/L-20, Sheldon Addition also known as 1404 Burton Avenue as surplus property and authorizing its disposal. 78 Staff: Knauf d) Consider a motion appointing J. David Derosier to the Board of Adjustment as a regular member for a term ending December 31, Staff: Knauf e) Consider a motion appointing Alan Mesecher to the Historic Preservation Commission for a term ending September 25, Staff: Knauf f) Consider a motion approving the parking, use and occupancy of recreational vehicles and travel trailers on residential property as temporary housing by property owners while damaged to property caused by Hurricane Harvey is being repaired until August 25, Staff: Knauf g) Discussion and possible action regarding necessary business resulting from Hurricane Harvey. Staff: Knauf 11. REPORTS a) Interim City Manager Report b) City Council Report 12. ADJOURN TO CLOSED EXECUTIVE SESSION a) Deliberation with City Attorney pursuant to Chapter 551 of the Texas Government Code: City Council Meeting, February 26, 2019 City of Orange, Texas Page 3 Page 3 of 91

4 (1) Deliberation with legal counsel regarding pending or contemplated litigation as authorized by subsection regarding presentation on ARTICLE TOW TRUCKS, Code of Ordinances. Mayor/Council 13. RECONVENE IN OPEN SESSION a) Take action as necessary regarding item 12 a (1) above. Mayor/Council 14. ADJOURNMENT 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, February 26, 2019 City of Orange, Texas Page 4 Page 4 of 91

5 PLANNING AND ZONING COMMISSION & CITY COUNCIL MEETING MINUTES TUESDAY, NOVEMBER 6, 2018 The Orange Planning and Zoning Commission & City Council met in a joint session on Tuesday, November 6, 2018, in the meeting room of the Orange Public Library with the following members present to-wit: Commissioners Present: Weldon Smith Chairman Jamie Wilson Vice Chairman George Mortimer Commissioner Gordon Worlow Commissioner Commissioners Absent: MaQuettia Ledet Commissioner Mary McKenna Commissioner City Council Members Present: Patrick Pullen Bill Mello Annette Pernell Brad Childs Terrie Salter City Council Members Absent: Larry Spears, Jr. Paul Burch Staff Present: Kelvin Knauf, Interim City Manager/Director of Planning & Community Development Jay Trahan, Assistant City Manager & Director of Economic Development Wendy Lloyd, Planning Secretary Mayor Pro-Tem Pullen called the City Council to order at 5:31 p.m. Chairman Smith called the P & Z meeting to order at 5:31 p.m. PUBLIC HEARING a. Case No. 18:08. Conduct a public hearing on a re-plat submitted by Mike Lemoine on behalf of Spanky s Restaurant for property located at th Street, th Street, 1704 Link Avenue, 1706 Link Avenue, th Street and th Street 1 Page 5 of 91

6 Public hearing opened at 5:31 p.m. Mike Lemoine 6365 Ironwood Dr., Orange, TX: Mr. Lemoine stated what we intend to do is bringing some lots that we already own together with Planning and Zoning. We have two lots that we acquired behind the attorney s office adjacent to the north side of my building that we are putting a parking lot in. We already got Planning and Zoning to approve that which is commercial property. But our purpose is this, we own that building there and it s an attorney s office right now and our intentions are to use that building in the future as like a banquet room. To do that and to be able to effectively use my alcohol license and all that stuff and for it to be able to go over there, I have to have all my lots together. That would allow me to go next door and say somebody wants mixed drinks with whatever their occasion, I can do that too. It just makes it easier on me instead of paying five or six different bills on taxes, I have one big bill. In the future, I ll be able to, if I decide to tear down the building and rebuild it. I will have the area that I need to do it and won t be crossing any property lines which is a very distinct possibility. All the exits for this proposed parking lot we are doing are all going to come out the same exit that we have right now that is already there. Nothing is going to be exiting out on 17 th Street corridor. Some of them thought it was going to exit there, but no there is going to be a fence solid across there and the exits that we have already are going to be the same ones. Everything will be re-fenced, appropriate lighting put up, landscaping, new stops so they can t damage the fence anymore, parking places will be bigger and easier for people to egress in and out of the parking lot. Currently the part of the parking lot which comes off of Link Street there are two rows of cars in the middle and it is too small for that. We are going down to one row down the middle so that we will be able to move through this parking lot a lot easier. That is one of the things that my parking lot has been so congested over the years, I had to do something to open it up. I think we are going to add thirty-eight spaces after we lose these ten spaces here. Council Member Salter asked if the driveway if there is an extension that goes behind that other place that is being remodeled. Does that driveway go behind there or only behind the attorney s office? Mr. Lemoine stated it is only behind the attorney s office and actually it overlaps behind the radiator shop but there is going to be a fence there coming in off of 16 th Street. The only place that you are going to come in off of 16 th Street in my parking lot is right there in front of the building. That spot is there now and that is the only spot that you will be able to come into in front of the building. Commissioner Worlow asked how the parking is going to change in the front of your business now. Mr. Lemoine stated in front of my business it s not going to change. Commissioner Worlow asked if it meets our code requirements. Mr. Knauf stated yes. Commissioner Worlow stated it is tight in there. Mr. Lemoine stated yes it is right now but eventually if I ever tear it down, I can take and move the building back farther off of the parking lot and be able to landscape it a lot better and it will look a lot better for the City in another hot issue people are talking about with the way 16 th Street looks and trying to beautify it more. If I do tear down this building, it will enable me to actually do that because I will be able to push it back and more space up front and more parking in the front. 2 Page 6 of 91

7 Council Member Salter asked if you would be able to utilize the attorney s office also. Mr. Lemoine stated yes, that is my building also and we have about seven spaces there. There is an entrance to this lot off of 16 th Street also. Mayor Pro-Tem Pullen stated he has two questions. If so and how many handicapped spaces will you have. Mr. Lemoine stated if he remembers correctly, it is five. There will be five. Two that are in same that they are now by entrance to building and four spaces. Mayor Pro-Tem Pullen asked how far that will be. Mr. Lemoine stated when you get out of your car about twenty feet or so and probably another fifteen feet. Mayor Pro-Tem asked is that five adding or five total. Mr. Lemoine stated five adding, seven total. Mayor Pro-Tem Pullen stated his second question is that he has been going to Spanky s for twenty years and at least seventy-five percent of the time when we go in the evenings you have to wait because you are packed. You have an occupancy limit and by not expanding the building and adding all that parking where you are already limited on customers, what are you going to do for that. Mr. Lemoine stated as you heard me say this building here is going to end up being a banquet hall and order to have a banquet hall for like the Kiwana s Club to meet or Lion s Club, City Council or anybody that wants to have a group of say twenty-thirty people that want to eat, we can rent this building out to them. We will set up tables and chairs and catered hall. Mayor Pro-Tem stated he is referring to your regular customers on how you are going to seat them in the same restaurant. Mr. Lemoine stated he has been there for thirty years and has had times when those parking lots have been full and the donut place next door has been full and the radiator shop has been full and I still have empty seats in my restaurant. Sometimes I do have a wait but generally my wait at most is usually twenty-five or thirty minutes. I don t think I ve ever had an hour wait. Council Member Childs stated he is just trying to alleviate the parking problem. They have even had to park over at Kroger s before. Mr. Lemoine stated not only that but I can t tell you how many times my customers have me rewind video because that parking lot is so congested and they get their cars hit. It is just not a good situation for me because I feel a little bit of responsibility for that happening because I don t have enough parking. Commissioner Mortimer asked Mr. Knauf all these lots that we have currently are coded for commercial purposes. Mr. Knauf stated yes they are all zoned commercial-special. Commissioner Mortimer stated so all the request is to combine it into one lot instead of multiple lots. Mr. Knauf stated yes. Council Member Childs asked when it was zone commercial. Mr. Knauf stated he isn t sure when it was but long before I got here. Mr. Lemoine stated it was approximately twenty years ago. Council Member Childs stated not to sidetrack but he is doing what needs to be done all down 16 th Street. Vice Chair Wilson asked if the attorney building is empty. Mr. Lemoine stated no presently he is renting it out to Michael Catt. He was there when I bought the building and I let him know when I bought it what my intentions down the road. I really haven t been able to do anything until I get 3 Page 7 of 91

8 this done. Vice Chair Wilson asked once you deem him not worthy to rent we want to move into this banquet hall, that building is not going to sit derelict. Mr. Lemoine stated no as a matter of fact we will probably give it a little face lift. Chairman Smith asked when you plan on starting construction on the parking lot. Mr. Lemoine stated actually we have already started. We tore the houses down that were on the two lots behind the attorney s office. We had to take out two hundred some loads of dirt because the dirt on that property was so bad and bring in sand to replace it with and pack it down. After we got all that down, here comes the rain and it hasn t stopped yet. Troy Ellis is my contractor and I talked to him about a week ago and he said he is ready. We just need to get the weather to cooperate. Chairman Smith asked for any other comments/questions. None were made. Mayor Pro-Tem Pullen adjourned the City Council at 5:43 p.m. DISCUSSION/ACTION ITEMS a. Case 18:08. Consider a recommendation on a re-plat submitted by Mike Lemoine on behalf of Spanky s Restaurant for property located at th Street, th Street, 1704 Link Avenue, 1706 Link Avenue, th Street and th Street Commissioner Mortimer motioned to approve recommendation Vice Chair Wilson 2 nd Vote: 4 0 Motion Carries APPROVAL OF MINUTES Chairman Smith made a request for the minutes of the October 9, 2018 special call meeting to be approved. Vice Chair Wilson motioned to approve Commissioner Mortimer 2 nd Vote: 4 0 Motion Carries Vice Chair Wilson motioned to adjourn Commissioner Mortimer 2 nd Chairman Smith adjourned the meeting at 5:45 p.m. 4 Page 8 of 91

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12 STATE OF TEXAS } COUNTY OF ORANGE } January 22, 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 22, 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 Paul Burch Council Member COUNCIL MEMBERS ABSENT: Bill Mello 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 Lee Anne Brown Deputy Fire Chief Hillary Gravett S o c i a l M e d i a Coordinator Mike Zeto CIS Manager Michael Patterson Engineering Tech John Cash Smith City Attorney Guy Goodson City Attorney Kate Leverett City Attorney STAFF MEMBERS ABSENT: None Mayor Spears called the meeting to order at 5:31 p.m. Mayor Spears led the Invocation and the Pledge of Allegiance. Page 12 of 91

13 Regular Meeting 2 January 22, 2019 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 Childs moved to approve the motion. Second to the motion was made by Mayor Pro-Tem Pullen which carried unanimously. APPROVAL OF MINUTES Council Member Childs moved to approve the minutes of the December 11, 2018 Orange Economic Development Corporation Meeting. Second to the motion was made by Council Member Pernell which carried unanimously. Council Member Childs moved to approve the minutes of the January 8, 2019 Regular City Council Meeting. Second to the motion was made by Council Member Salter which carried unanimously. CITIZEN COMMENTS Essie Bellfield, 1907 Link Street, thanked Council for re-naming the Orange Community Center to the Essie L. Bellfield Orange Community Center after her. Asked about the Orange Logo being put on the water tower on Highway 90. Julie Chisholm, th Street, advised she would like for the City to get out of debt without raising taxes. She presented Council with a book entitled EntreLeadership by Dave Ramsey. She advised she would like Council to implement his rules not only for City purposes, but also their personal lives. Ms. Gravett invited citizens to attend the following events for Mardi Gras Weekend: February 22, 2019 * Motor Parade at 6:00 p.m. * Live entertainment by Keith Frank & Soileau Zydeco Band following parade at the Riverfront Pavilion February 23, 2019 * Munchkin Parade at 3:00 p.m. * Krewe of Krewe s Grand Parade at 6:00 p.m. * Street Dance will be held immediately following the Parade Henry Lowe, 106 W. Dewey Avenue, advised the citizens of Orange are behind the Council and sees good things happening in Orange. PUBLIC HEARINGS A public hearing was conducted 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. Page 13 of 91

14 Regular Meeting 3 January 22, 2019 The public hearing began at 5:43 p.m. Mr. Lowe encouraged Council to vote against the annexation. He advised he is concerned the billboard will be used to advertise the Sons of Confederate Veterans Flag Memorial. Council Member Salter advised she is concerned about what might be advertised on the billboard. Dan Creel, president of the Company, advised he wants to replace a wooden billboard with a steel billboard (Mr. Knauf showed a picture of the wooden billboard on the big screen TV for the citizens to see). He advised most of the advertising on the billboards are for local businesses. The public hearing ended at 5:53 p.m. PRESENTATION A presentation was made by Guy Goodson financial advisor and bond counsel on proposed Tax & Revenue Certificates of Obligation, Series Mr. Goodson gave an overview on the proposed documents for Council to consider for approval regarding the Tax & Revenue Certificates of Obligation, Series Council Member Pernell asked if the Government shutdown would affect the bond market. James Gilley, U.S. Capital Advisors LLC, advised they do not anticipate any problems with the Certificates of Obligation. RESOLUTION RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE WITH TAX-EXEMPT OBLIGATION PROCEEDS FOR COSTS ASSOCIATED WITH CONTRACTUAL OBLIGATIONS AND IMPROVEMENTS TO CITY FACILITIES. 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 ORDINANCE 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. Page 14 of 91

15 Regular Meeting 4 January 22, 2019 Mayor Pro-Tem Pullen 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 DISCUSSION/ACTION CONSIDERATION AND POSSIBLE ACTION TO ENGAGE GERMER PLLC AS BOND COUNSEL. Council Member Childs moved to engage Germer PLLC as Bond Counsel. Second to the motion was made by Council Member Salter which carried unanimously. ORDINANCES Final 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 OF 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. Mayor Pro-Tem Pullen moved to approve the ordinance. Second to the motion was made by Council Member Childs which carried unanimously. A copy of this ordinance is being made a part of these minutes as Ordinance Number First Reading: 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. Council Member Childs moved to approve the ordinance. Second to the motion was made by Council Member Salter which carried unanimously. RESOLUTIONS First Reading: 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. Council Member Salter moved to approve the resolution. Second to the motion was made by Council Member Childs which carried unanimously. Page 15 of 91

16 Regular Meeting 5 January 22, 2019 RESOLUTION ORDERING A GENERAL ELECTION FOR THE PURPOSE OF ELECTING A COUNCIL MEMBER FOR PLACE 2 (SINGLE-MEMBER DISTRICT 2) AND A COUNCIL MEMBER FOR PLACE 4 (SINGLE-MEMBER DISTRICT 4); AND A COUNCIL MEMBER FOR 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 RESOLUCION ORDENANDO UNA ELECCION GENERAL CON EL PROPOSITO DE ELEGIR UN SOLO MIEMBRO AL CONCILIO AL LUGAR 2 DEL DISTRITO 2, UN SOLO MIEMBRO AL CONCILIO AL LUGAR 4 D E L 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 SECRETARlO PARA LA VOTACION TEMPRANA Y EL AVISO DE ELECCION; INDICANDO LOS LUGARES DE VOTACION, LOS JUECES Y SALARIOS, LA INDICACION DE OTROS ASUNTOS RELATIVOS NECESARIOS A LA ELECCION SI ES NECESARIO, QUE TENDRA CABO EL 15 DE JUNIO DE 2019; Y PARA DETERMINAR QUE LA JUNTA EN LA CUAL SE APRUEBA ESTA RESOLUCION QUE SE ABRE AL PUBLICO SEGUN LO EXIGE LA LEY. Tina Barrow, Orange County Elections Administration Office, presented Council with a handout on the new ExpressVote voting machines that will be used during the elections. She gave an overview of the machines and the voting process. (a copy of this handout is included in and being made a part of these minutes) Council Member Salter asked how many machines are available. Ms. Barrow advised at the present time there are thirty four (34) machines. Council Member Pernell asked how does the machines know who can vote for who. Ms. Barrow advised the information is sent to the vendor and then reviewed by the City Secretary and the Orange County Elections Administration Office. Mayor Pro-Tem Pullen asked if there is a problem, who is in charge. Ms. Barrow advised her office is. She also advised the machines are certified and there is a paper trail. 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 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. Mayor Pro-Tem Pullen 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 ENTERING INTO AN AGREEMENT WITH THE ORANGE COUNTY ELECTIONS ADMINISTRATOR TO PROVIDE ELECTION SERVICES FOR THE CITY OF ORANGE. Council Member Childs 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 Page 16 of 91

17 Regular Meeting 6 January 22, 2019 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. Council Member Salter moved to approve the resolution. Second to the motion was made by Council Member Burch 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 BANCORPSOUTH EQUIPMENT FINANCE TO PROVIDE FINANCING FOR THE PURCHASE OF A PETERBILT 348 CHASSIS GRAPPLE TRUCK ON BEHALF OF THE CITY OF ORANGE. Council Member Burch 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 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. Mayor Spears 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 ACKNOWLEDGING ADDITIONAL CONTRACTORS TO THE APPROVED AND QUALIFIED LIST POOL FOR HOME ELEVATIONS AND LIFTING SERVICES FOR DISASTER RECOVERY GRANT PROGRAMS ON BEHALF OF THE CITY OF ORANGE. 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 INTERIM CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE UNION PACIFIC RAILROAD FOR USE OF THEIR RIGHT OF WAY. Council Member Childs 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 SIMCO ENTERPRISES, LTD IN THE AMOUNT OF $243, FOR THE REPAIR OF WEST BLUFF ROAD. Council Member Burch 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 Page 17 of 91

18 Regular Meeting 7 January 22, 2019 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. Council Member Pernell 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 DISCUSSION/ACTION MOTION DECLARING A 2012 DIXIE CHOPPER SERIAL #12CW3360GNGWW0074, A 2012 DIXIE CHOPPER SERIAL #12VE3360GNGEE0166, 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 # 2HSFHACR2LC041396AS SURPLUS AND AUTHORIZING DISPOSAL BY AUCTION THROUGH RENE BATES AUCTIONEERS, INC. Council Member Salter moved to approve the motion. Second to the motion was made by Council Member Childs which carried unanimously. 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. Council Member Pernell moved to approve granting the annexation petition. Second to the motion was made by Council Member Salter which carried unanimously. MOTION APPROVING THE USE OF THE ONLINE PAYMENT METHOD PROVIDED BY THE PAYMENT GROUP FOR MUNICIPAL COURT PAYMENTS. Council Member Childs moved to approve the motion. Second to the motion was made by Council Member Salter which carried unanimously. MOTION ACKNOWLEDGING RECEIPT OF THE QUARTERLY INVESTMENT REPORT FOR THE PERIOD ENDING DECEMBER 31, Council Member Pernell moved to approve the motion. Second to the motion was made by Council Member Salter which carried unanimously. MOTION ACKNOWLEDGING RECEIPT OF THE ORANGE ECONOMIC DEVELOPMENT CORPORATION FINANCIAL REPORT FOR THE QUARTER ENDING DECEMBER 31, Page 18 of 91

19 Regular Meeting 8 January 22, 2019 Council Member Childs moved to approve the motion. Second to the motion was made by Council Member Salter which carried unanimously. MOTION ACKNOWLEDGING RECEIPT OF THE ORANGE ECONOMIC DEVELOPMENT CORPORATION INVESTMENT REPORT FOR THE QUARTER ENDING DECEMBER 31, Council Member Childs 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 there will be a Public Workshop on Tuesday, January 29, 2019 at 5:30 p.m. in the Orange Public Library Ira Williamson Meeting Room to discuss an Outdoor Sports Complex. CITY COUNCIL REPORT The Council asked citizens to keep Council Member Mello in their prayers. Council Member Pernell asked the Troop Leader for the Boy Scouts introduce his Troops. He advised Boy Scout Troop 1 from St. Mary s and Boy Scout Troop 23 from First Baptist Church were present. He advised the Scouts are completing their Communications Merritt Badge. Council Member Salter congratulated Mayor Spears for winning Man of the Year at the MLK Gala. Mayor Spears thanked the Boy Scouts for attending the meeting and Ms. Chisholm for the Dave Ramsey book. He advised the MLK Gala was a great event. ADJOURN TO CLOSED EXECUTIVE SESSION 15 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. The Council met in a closed executive session at 6:54 p.m. Page 19 of 91

20 Regular Meeting 9 January 22, 2019 RECONVENE IN OPEN SESSION The Council reconvened in open session at 7:17 p.m. NO ACTION WAS TAKEN REGARDING ITEM 15 a) (1) above. 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 Childs which carried unanimously. The meeting adjourned at 7:17 p.m. ATTEST: Larry Spears Jr., Mayor Patricia Anderson, City Secretary Page 20 of 91

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78 MOTION Motion declaring City-owned property described as Lot 45.5 X 248 of I, O/L-20, Sheldon Addition also known as 1404 Burton Avenue as surplus property and authorizing its disposal. Larry Spears Jr., Mayor ATTEST: Patricia Anderson, City Secretary February 26, 2019 Page 78 of 91

79 MEMORANDUM To: From: Subject: Mayor and City Council Kelvin Knauf, Interim City Manager Consider declaring City-owned property described as Lot 45.5 X 248 of I, O/L-20, Sheldon Addition also known as 1404 Burton Avenue as surplus property and authorizing its disposal Date: January 28, 2019 Background The City owns property located at 1404 Burton Avenue as indicated on the attached documents. The City Charter requires that before there is a sale or exchange of City property, it must first be submitted to and considered by the Planning and Zoning Commission for a recommendation to the City Council. The Comprehensive Plan does not address the disposal of City property and leaves this issue to the discretion of the Commission and City Council. On January 15, 2019 the Planning and Zoning Commission voted unanimously to make a recommendation to the City Council to declare this property as surplus property and authorize disposal of the property. Page 79 of 91

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90 MOTION Motion approving the parking, use and occupancy of recreational vehicles and travel trailers on residential property as temporary housing by property owners while damaged to property caused by Hurricane Harvey is being repaired until August 25, Larry Spears Jr., Mayor ATTEST: Patricia Anderson, City Secretary February 26, 2019 Page 90 of 91

91 MEMORANDUM To: From: Subject: Mayor and City Council Kelvin Knauf, Interim City Manager Discussion and possible action regarding allowing of parking, use and occupancy of recreational vehicles and travel trailers on residential property as temporary housing by property owners while damage to property caused by Hurricane Harvey is being repaired Date: February 6, 2019 On September 11, 2018 the City Council directed that the prohibition against living in residential vehicles and travel trailers on residential property be waived until February 28, 2019 so long as the property was damaged during Hurricane Harvey and repairs would be made. I recently learned from a representative of the General Land Office that FEMA will allow people to continue to live in the FEMA trailer so long as they pay rent from March 1, 2019 until August 25, The City Council will need to discuss and provide direction as to whether or not to continue allowing residents to live in a recreational vehicle or travel trailer while their home is being repaired due to Hurricane Harvey. Page 91 of 91

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