The Big Lake City Council met in Regular Meeting at 6:15 p.m., Tuesday, August 21, 2018 at City Hall with the following people in attendance:

Transcription

1 THE STATE OF TEXAS THE CITY OF BIG LAKE The Big Lake City Council met in Regular Meeting at 6:15 p.m., Tuesday, August 21, 2018 at City Hall with the following people in attendance: Phil Pool Cliff Miller Robin Collins John Long David Melms Cindy O Bryan Karen Doege Melanie Spratt Juan Guerrero Gloria Baggett Mayor Mayor Pro-Tem Councilwoman Councilman Councilman Councilwoman Asst. City Secretary City Attorney Supt. of Utilities BLEDC City Secretary Stacey Stroud was absent. Councilwoman Robin Collins arrived at 6:19 p.m. There being a quorum present, Mayor Phil Pool called the meeting to order at 6:15 p.m. and led the prayer, pledges to the flags and directed the Council to the following agenda: 1. Call to Order, Invocation and Pledges to the Flags. 2. Open Public Hearing for proposed budget and Ad Valorem Tax rate of Presentation by Citizens Limit three (3) minutes per individual. 4. Sheriff Report Sheriff Jeff Garner 5. Discussion and/or action on Truck Route Ordinance second reading. 6. Discussion and/or action on approving the joint election agreement with Reagan County and the Reagan County Independent School District. 7. Discussion and/or action on approving Cynthia Aguilar as Tax Assessor-Collector for the City of Big Lake. 1

2 8. Discussion and/or action on approving 2018 Tax Discounts of 3% for October, 2% for November and 1% for December for property tax payments. 9. Discussion and/or action on approving the 2018 certified appraisal roll and tax roll. 10. Consent Items: a. Minutes of Called Meeting 07/31/18 and Regular Meeting 08/07/18 b. Animal Control Report. c. Code Enforcement Report. d. Municipal Court Report. e. Building Report. f. Vehicle Use Reports. g. Sheriff Report. h. Overtime Report. i. Cash Balance Report. j. Budget Statement 07/31/18 k. City Secretary Report. l. Public Works Director Report. m. Mayor/Council Reports. 11. Accounts Payable: a. General Bills b. Meter Deposits c. Council Members Business 12. Adjourn Public Hearing on Proposed Budget and Ad Valorem Tax rate of for the City of Big Lake. 13. Adjourn Regular Meeting. 14. Convene into Executive Session for Consultation with Attorney, Local Gov t Code ; possible litigation. 15. Convene into Regular Meeting discussion and/or possible action on executive session for consultation with Attorney, Local Gov t Code ; possible litigation concerning WWTP. 16. Adjournment. 2

3 OPEN PUBLIC HEARING FOR PROPOSED BUDGET AND AD VALOREM TAX RATE OF Mayor Phil Pool opened the public hearing for the proposed budget and ad valorem tax rate of At this time no citizens responded. PRESENTATION OF CITIZENS There were no presentations of citizens. SHERIFF REPORT Sheriff Jeff Garner was not present. DISCUSSION AND/OR ACTION ON TRUCK ROUTE ORDINANCE SECOND READING Councilman John Long made a motion to approve the second reading of the truck Ordinance Councilman Cliff Miller seconded the motion. The motion passed 4-0 with Councilpersons Long, Miller, Melms and O Bryan voting AYE. Councilwoman Robin Collins was absent. ORDINANCE An Ordinance Amending Chapter 12, Known as the Traffic Code of the City of Big Lake, Texas, and Repealing all Other Ordinances in Traffic: Chapter 12 of the Code of Ordinances in Conflict Therewith: Section Truck Routes is amended to the following: East/West 1 st Street from Texas Hwy. 137 to Florida Street 2 nd Street (Texas Hwy. 67) from City Limit Signs 3 rd Street from Louisiana Street to Josh Mitchell 3 rd Street from North Maryland to North Texas Street 12 th Street Texas Hwy. 137 to Louisiana Street Front Access Road from Louisiana Street to Josh Mitchell South Railroad Street from Texas Hwy. 137 to dead end South Russek Street from Texas Hwy. 137 to S. Mississippi Street (1 block) South Sengleman Street from Texas Hwy. 137 to S. Mississippi Street (1 block) 3

4 North/South North Texas Street from 2 nd Street (Texas Hwy. 67) to 3 rd Street North Main Street from 2 nd Street (Texas Hwy. 67) to 3 rd Street North Plaza Street from 3 rd Street to South Russek Street North Maryland Street from 2 nd Street (Texas Hwy. 67) to 3 rd Street Florida Street from 1 st Street to 12th Street Alaska Street in Industrial Park Hawaii Street in Industrial Park Colorado Street from Texas Hwy. 67 to dead end Josh Mitchell Street from Texas Hwy. 67 to dead end Vermont Street from Texas Hwy. 67 to dead end Connecticut Street from Texas Hwy. 67 to dead end New York Street from Texas Hwy. 67 to dead end The truck route can be violated from the direction of a peace officer for commercial vehicle enforcement purposes. This Ordinance shall take effect upon completion of publication as provided by law. PASSED AND APPROVED on First Reading at a Regular Meeting of the City Council on the 7 th day of August, PASSED AND APPROVED on Second Reading at a Regular Meeting of the City Council on the 21st day of August, ATTEST: Stacey Stroud City Secretary Phil Pool Mayor DISCUSSION AND/OR ACTION ON APPROVING THE JOINT ELECTION AGREEMENT WITH REAGAN COUNTY AND THE REAGAN COUNTY INDEPENDENT SCHOOL DISTRICT Councilman Cliff Miller made a motion to approve the joint election agreement with Reagan County and the Reagan County Independent School District for the November 6, 2018 election. Councilman David Melms seconded the motion. The motion passed 4-0 with Councilpersons Miller, Melms, Long and O Bryan voting AYE. Councilwoman Robin Collins was absent. 4

5 JOINT ELECTION AGREEMENT BETWEEN REAGAN COUNTY INDEPENDENT SCHOOL DISTRICT AND CITY OF BIG LAKE AND REAGAN COUNTY TEXAS WHEREAS, the Reagan County Independent School District (School District), the City of Big Lake (City), and Reagan County (County) (collectively Parties ) are each political subdivisions of the State of Texas. WHEREAS, November 6, 2018 is a uniform Election Date under the Texas Election Code ; WHEREAS, the Reagan County Commissioners Court intends for the County to hold a regular election on November 6, 2018; WHEREAS, the School District s Board of Trustees intends for the School District to hold an election on November 6, 2018, and the City Council intends for the City to hold an election on November 6, 2018; WHEREAS, Texas Election Code (a) authorizes the governing bodies of political subdivisions to enter into an agreement to hold joint elections in election precincts that can be served by common polling places; WHEREAS, the governing bodies of the School District, the City and the County desire to hold a joint election as set forth in the Joint Election Agreement ( Agreement ); and WHEREAS, the County, the School District, and the City serve electors within the same boundary, and it would be to the benefit of the County, the School District and the City, and the citizens and voters thereof, to hold the elections jointly in the elections precincts that can be served by common polling places insofar as possible. NOW THEREFORE, in consideration and subject to the following terms and provisions, the Joint Election Agreement set forth below is entered into by and between the County, acting by and through its Commissioners Court, the School District, acting by and through its Board of Trustees, and the City, acting by and through its City Council: 1. Scope a. This Agreement covers the conduct of the Reagan County regular election, the School District's trustee and bond election and the City s election, which are to be held on November 6, 2018 ( Election Day ) jointly for the voters in the County, the School District and the City. 2. Polling Places a. Texas Election Code permits a regular county polling place to be used for a common polling place in a joint election. Early and regular voting shall be held at locations permitted by , as set forth in the Parties election orders or resolutions. b. It is the responsibility of the County to ensure that the polling places comply with current accessibility standards as set forth in the Americans with Disabilities Act and any state or local laws or ordinances. c. The County will be responsible for the delivery and set up of electronic voting machines and paper ballots at all polling places. d. The County will be responsible for hiring bilingual translators. 3. Supplies 5

6 a. The County shall be responsible for ordering all necessary election supplies. 4. Expenses a. All expenses incurred under this Agreement shall be split evenly among the Parties, unless otherwise set forth herein. Expenses to be split evenly include, but are not limited to: compensation for election judges and clerks, programming of electronic voting systems, election supplies, and ballot printing expenses. b. The County shall charge the School District and the City an administrative fee of ten percent (10%) of the election costs for services provided by the County as set forth in this Agreement. c. If a Party cancels its election, it shall be responsible only for its share of prorated expenses through the date of cancellation. d. The Parties acknowledge that other political subdivisions may enter into an agreement with the governing bodies of the Parties to participate in the joint election, as permitted by Texas Election Code and/or other applicable law(s). In the event another political subdivision joins the joint election and adjustment of the pro-rata share of expenses to be paid shall occur. 5. Election Officers a. Terri Curry shall serve as the Joint Election Officer, as the Election Officer to perform or supervise the performance of the duties and responsibilities of Reagan County involved in conducting the Joint Election covered by this Agreement. 6. Judges and Clerks a. Election Judges and clerks shall be appointed by the County and shall be compensated in accordance with Texas Election Code and Chapter 32, Subchapter E. 7. Early Vo ting a. Early Voting shall be conducted jointly. b. Mrs. Curry shall serve as both the County s Early Voting Clerk and the Joint Early Voting Clerk. 8. Method of Voting, Training of Election Workers. a. An electronic voting system and/or paper ballots may be used for the joint election, as permitted by Texas Election Code b. The County shall be responsible for conducting the testing of electronic voting machines. c. The County shall be responsible for training election workers for all aspects of the election, including electronic voting. 9. Ballots a. The Parties will use a joint ballot b. Each Party will be responsible for preparing its portion of the ballot. c. The County will be responsible for ordering and overseeing the preparation of the ballots. d. Each Party has a right and duty to approve the draft ballot prior to the County ordering the Official ballot. 10. Ballot Boxes a. One set of ballot boxes shall be used at common polling places. 11. Canvassing a. Canvassing shall be conducted jointly, to the extent permitted by the Election Code. 6

7 b. The presiding officer of the joint canvassing authority shall deliver the appropriate part of the tabulation of the precinct results to each of the presiding officers of the canvassing authorities designated by law for the elections of the Parties. Each tabulation shall then be processed in the same manner as for an election not canvassed jointly. 12. Recounts a. Recounts, if needed, shall be overseen by Mrs. Curry. 13. Election Records Retention a. All Parties will be responsible for the retention of their respective records, in accordance with the Texas Election Code. 14. Order, Resolution or Other Official Action a. The Parties agree to state terms of the joint election agreement in an order, resolution or other official action adopted by the governing body of each Party, at a lawfully called meeting as required by Texas Election Code (d) 15. Agreement Preservation a. An executed copy of this Agreement shall be preserved by each Party for the period for preserving the precinct election records, as required by Texas Election Code (e). 16. Miscellaneous Provisions a. The County shall oversee the conduct of the Joint Election, except as otherwise set forth in the Agreement. b. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the Parties created hereunder are performable in Reagan County, Texas. c. In the event one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as is such invalid, illegal, or unenforceable provision had never been contained herein. d. The Parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local governments, and any other entities with local jurisdiction. e. The waiver by any Party of a breach of any provision of this Agreement shall not operate as or be construed as a waiver of any subsequent breach. f. Any amendment of this Agreement shall be of no effect unless in writing and signed by all Parties. g. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original for all purposes. REAGAN COUNTY COMMISSIONER S COURT BY PRINTED NAME TITLE 7

8 TERRI CURRY, REAGAN COUNTY CLERK MARK NOLAND, SCHOOL BOARD PRESIDENT, REAGAN COUNTY INDEPENDENT SCHOOL DISTRICT PHIL POOL, MAYOR CITY OF BIG LAKE DISCUSSION AND/OR ACTION ON APPROVING CYNTHIA AGUILAR AS THE TAX ASSESSOR-COLLECTOR FOR THE CITY OF BIG LAKE Councilman Cliff Miller made a motion to approve Cynthia Aguilar as the Tax Assessor-Collector for the City of Big Lake. Councilwoman Cindy O Bryan seconded the motion. The motion passed 4-0 with Councilpersons Miller, O Bryan, Long and Melms voting AYE. Councilwoman Robin Collins was absent. DISCUSSION AND/OR ACTION ON APPROVING 2018 TAX DISCOUNTS OF 3% FOR OCTOBER, 2% FOR NOVEMBER AND 1% FOR DECEMBER FOR PROPERTY TAX PAYMENTS Councilman John Long made a motion to approve the 2018 tax discounts of 3% for October, 2% for November and 1% for December. Councilwoman Cindy O Bryan seconded the motion. The motion passed 4-0 with Councilpersons Long, O Bryan, Melms and Miller voting AYE. Councilwoman Robin Collins was absent. DISCUSSION AND/OR ACTION ON APPROVING THE 2018 CERTIFIED APPRAISAL ROLL AND TAX ROLL Councilman John Long made a motion to approve the 2018 certified appraisal roll and tax roll. Councilman Cliff Miller seconded the motion. The motion passed 4-0 with Councilpersons Long, Miller, Melms and O Bryan voting AYE. Councilwoman Robin Collins was absent. COUNCILWOMAN ROBIN COLLINS ARRIVES AT 6:19 P.M. 8

9 CONSENT ITEMS Councilwoman Cindy O Bryan made the motion to approve the Consent Items as presented. Councilman Cliff Miller seconded the motion. The motion passed 5-0 with Councilpersons O Bryan, Miller, Collins, Long and Melms voting AYE. ACCOUNTS PAYABLE Councilman David Melms made a motion to approve the Accounts Payable invoices. Councilman Cliff Miller seconded the motion. The motion passed 5-0 with Councilpersons Melms, Miller, Collins, Long and O Bryan voting AYE. ACCOUNTS PAYABLE 08/21/2018 All American Pump 08/21/ AFLAC 08/21/ Big Lake Ace 08/21/ Blake s Auto Parts 08/21/ Big Lake EDC 08/21/ Big Lake Golf Assn. 08/21/ Bug Express Pest Control 08/21/ COBL Petty Cash 08/21/ Cooper Supply 08/21/ Cheyenne Tire Company 08/21/ Decoty Coffee Company 08/21/ DPC Industries 08/21/ Econo Signs 08/21/ Enprotec/Hibbs & Todd 08/21/ First Advantage 08/21/ Frontier 08/21/ Granite Telecommunications 08/21/ Great American Financial 08/21/ House of Chemicals 08/21/ Jet Specialty 08/21/ KW Sharp 08/21/ Lilly Construction 08/21/ Mayfield Paper Company 08/21/ MRC Global 08/21/ RC Water Supply District 08/21/ Reagan Memorial Hospital 08/21/ Safety Depot 08/21/ Sherwin Williams 08/21/ Summit Truck Group 08/21/ Suntrust Equipment Finance 08/21/

10 T&C Wholesale 08/21/ Texas Municipal Equipment 08/21/ TML Multistate IEBP 08/21/ Unifirst Holdings 08/21/ Verizon Wireless 08/21/ Warren Cat 08/21/ West Central Cellular 08/21/ Western Petroleum 08/21/ West Texas Fire Extinguisher 08/21/ WTU Business 08/21/ TOTAL: 244, ADJOURN PUBLIC HEARING ON PROPOSED BUDGET AND AD VALOREM TAX RATE OF FOR THE CITY OF BIG LAKE There being no comments from the public for the proposed budget and ad valorem tax rate of for the City of Big Lake, Mayor Phil Pool adjourned the public hearing at 6:21 p.m. ADJOURN REGULAR MEETING Mayor Phil Pool adjourned the Regular Meeting at 6:21 p.m. CONVENE INTO EXECUTIVE SESSION FOR CONSULTATION WITH ATTORNEY, LOCAL GOVERNMENT CODE ; POSSIBLE LITIGATION CONCERNING THE WWTP Mayor Phil Pool and the Council entered into executive session at 6:21 p.m. for consultation with attorney, Local Gov t Code ; possible litigation concerning the WWTP. CONVENE INTO REGULAR MEETING FOR DISCUSSION AND/OR ACTION ON EXECUTIVE SESSION FOR CONSULTATION WITH ATTORNEY, LOCAL GOV T CODE ; POSSIBLE LITIGATION CONCERNING THE WWTP Mayor Phil Pool and the Council convened into Regular Session at 6:39 p.m. from executive session for consultation with attorney, Local Gov't Code ; possible litigation concerning the WWTP. Councilman John Long made a motion to offer J.S. Haren $6, for the WWTP litigation. Councilman Cliff Miller seconded the motion. The motion passed 5-0 with Councilpersons 10

11 Long, Miller, Collins, Melms and O Bryan voting AYE. City Attorney Melanie Spratt will submit the proposed settlement. ADJOURNMENT There being no further business to come before the City Council, Mayor Phil Pool adjourned the meeting at 6:41 p.m., Tuesday, August 21, ATTEST Phil Pool Mayor Karen Doege Asst. City Secretary 11