To view this meeting live via Zoom Visit: https.!/zoom.usjoin Meeting ID: 859:27605007 Passcode: 634610 CITY OF PALACIOS  REGULAR CITY COUNCIL MEETING  AGENDA 6:00PM  THURSDAY, FEBRUARY 09, 2023  REGULAR CITY COUNCIL MEETING  City of Palacios Council Chambers  311 Henderson Palacios, Texas 77465  CALLTOORDER: a. Quorum Call.  b. Invocation. Councilmember Samora. Pledge of Allegiance to the United States Flag. d. Pledge of Allegiance to the Texas Flag. e. Pledge of Allegiance to the Palacios Flag.  ANNOUNCEMENIS:  With respect to items not listed on this agenda, Council. Members may announce community events, may announce commnity recognitions, may request specific factual information or a recitation of existing policyfrom staff or may request placement of items on the Board agenda, for discussion or action at a  following meeting.  a. Mayor's Announcements b. Council Member's Announcements CITIZEN COMMUNICATION FORUM:  The public is invited to address the City Council and speak on any matter. Please note Council. Members may not deliberate on topics not included on this agenda. The presentation shall be no longer than three  (3) minutes.  Page1/3    PRESENTATION  Update on Pending Litigation Regarding the Luther Hotel Cause No. 23-H-0013 in the 23rd Judicial District Court of Matagorda County, Texas, Margaret Doughty and Edith Gower V. City of Palacios, Texas and thel Estate of Harold Jack Findley. Presented by City Attorney, Anne Marie  Odefey  City Manager Update Updates on ongoing projects in the City  DISCUSSION. AND ACTION ITEMS  1. Minutes Discuss and approve the minutes of the. January 26, 2023, regular City Council Meeting. 2. Approve PEDCI Bert' West Small Business Development Grant Project. Approve final reading ofl Resolution No. 2023-R-07. approvingi thel PEDC's Bert' West Small Business Development Grant Project and declaring an effective date. Thomas A. Gwosdz, Attorney for the PEDC 3. Resolution No. 2023-R- 08 Borderstar Grant Authorization Discuss and approve Resolution No. 2023-R-08 granting overtime funds for police officers who work the border initiative int the City of Palacios for the 2023-2024 year. Presented. by Tammy McDonald. 4. January Financials, Bills Paid, and Grant Update Discuss and approve the January 2023 financials and bills paid. Presented. by Tammy McDonald. 5. Bethany Park Lift Station Project approve repairs tol Liftstation pumps at Bethany Park by Hahn Equipment Presented by Cily Manager; Cynthia Raleigh and Hahn. Equipment. 6. Ratify Special Agreement with the Outrigger Event Center Approve rental of the Palacios Pavilion for the Outrigger Event Center for a 10-month period.. Presented. by Mayor Gardner 7. TIRZ #1 Discuss and approve next steps in moving forward with TIRZ. Presented by D.C.  Dunham. ADJOURNMENT AGENDA. NOTICES:  Action by Council Authorized: The City Council may vote and act upon any item within this Agenda. The Council reserves the right to retirei into executive session concerning any oft thei items listed on this Agenda, pursuant to and in accordance with" Texas Government Code Section: 551.071, to seek the advice ofits attorney about pending or contemplated. litigation, settlement offer or on a matter in which the duty of the attorney tot the governmental body under the Texas Disciplinary Rules ofl Professional Conduct ofthe Statel Bar ofTexas conflict with the Open Meetings Act and may invoke this right where the City Attorney, thel Mayor or a majority of the Governing Body deems an executive session is necessary to allow privileged consultation between the City Attorney and the governing body if considered necessary and] legally. justified under the Open Meetings Act. The City Attorney may appear in person or Attendance By Other Elected or Appointed Officials: It is anticipated that members of other city boards, commissions, and committees may attend the meeting in numbers that may constitute a quorum of the other city boards, commissions, and committees. Notice is hereby given that the meeting, to the extent required by law, is also noticed as a meeting of the other boards, commissions, and committees of the City, whose members may be in attendance. The members of the boards, commissions, and committees may participate in discussions on the same items listed on the agenda, which occur at the meeting. Still, suchi in attendance will not take any action unless such item and action are expressly provided for on the agenda for that board, commission, or committee subject to the Executive Sessions Authorized: This agenda has been reviewed and approved by the City's legal counsel, and the presence of any subject in any Executive Session portion of the agenda constitutes a written interpretation of Texas  appear in executive session by conference call in accordance with applicable state law.  Texas Open Meetings Act.  Page213    Government Code Chapter 551 by legal counsel fori thes governmentall body and constitutes an opinion by the attorney thatt thei items discussed therein may bel legally addressed: in the closed portion of ther meeting considering public views ofac court ofi record and opinions oft the Texas Attorney General known to the attorney. This provision has been added to this agenda to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c). The meeting is Certification of Posting: This is to certify that the above notice ofal Regular Called Council Meeting was posted on thei front bulletin board of the City Hall oft the City of Palacios, Texas, on Monday, February 06, 2023, before 6:00 PM. Ifyou have any questions concerning the above items, please contact City Manager Cynthia Raleigh at (361) 972-3605. This Notice was posted under the Texas Open Meeting Act EXREV/CIVSTATANN. Chapter 551) Posting of Agenda Packet: The posting of the agenda packet on the City's website is for transparency and convenience of the public. Allo documents such as ordinances andi resolutions are presentedi in draft form int the packet and are presentedt to City Council for use in their deliberations at the council meeting. Iti is not the intent of the City Administration or City Council to consider the draft documents as adopted or not subject to revision. All draft documents discussed at duly called city council meetings will be revised pursuant to action taken at the meeting and the final form of such adopted documents are subject to1 review by the public through the public information act.  conducted by all participants in reliance on this opinion.  and recent guidelines from the Texas Attorney General.  Aleigha D. Galuau Aleigha C. Galvan, City Secretary  This facility is accessible in accordance with the Americans with Disabilities Act. Accessible parking spaçes are available. Ifyou require special assistance or have a request for sign interpretative services or other services, please  call 361-972-3605 at least 24 hours before the meeting.  The next regular City Council meeting will be held on February 23, 2023, at 6:00 p.m.  Page3]3    CITY OF) PALACIOS, TEXAS  REGULAR CITY COUNCIL MEETING  MINUTES January 26, 2023  REGULAR CITY COUNCIL MEETING  A regular City Council meeting was held by the City Council oft the City of Palacios on January 26, 2023,  at 6:00 p.m., in Council Chambers located at 311 Henderson, Palacios, Texas 77465. Mayor. Jim Gardner called the City Council meeting to order at 6:01PM.  CALLTO ORDER  CERTIFICATION OF A QUORUM Mayor Jim Gardner certified a quorum was present. ATTENDANCE ROLLCALL Mayor, Jim Gardner; Present Councilmember Place 6, Vacant Councilmember Place 5, Raylynn Samora, Absent Councilmember;, Place 4, Troy. Lewis, Present Councilmember Place 3, Chip Woolf Present Councilmember, Place. 2, Sharon Trainor, Present Councilmember Place. 1, Larry Glenn, Present CITY STAFF IN ATTENDANCE: Cynthia Raleigh, City Manager Anne Marie Odefey, CityAttorney Tammy McDonald, Finance Director Aleigha Galvan, City Secretary Tobie. Bias, Police Chief Ryan. Adams, Code Compliance Manuel Guevara, Public Works Foreman Sergeant Steven. Johnson Officer Ross Hrncir Officer Erasmo Torres Oficer Corey Dunlap Officer Mike Mirelez Stewart Foley, Animal Care Services  CITY OF PALACIOS REGULAR CITY COUNCIL MEETING MINUTES JANUARY 26, 2023    INVOCATION & PLEDGES Palacios Flags. ANNOUNCEMENTS:  Councilmember Lewis led the Council, Staff and Citizens in prayer and pledges to the U.S., Texas, and  Mayor's Announcements - Mayor Gardner notified Council and public of various events Coucilmember's Ammouncements- Councilmember Glenn made a public apology for  happening in the following months. flared tempers at the last council meeting.  CEREMONY: Officer Michael Mirelez was. sworni in by Police ChiefTobie Bias and pinmed by) his mother.  CITIZEN COMMUNICATION FORUM: - Public Comments  Phil Fletcher spoke about the Luther Hotel, and previous owner Jack Findley's passion, for the hotel. Fletcher asked Council to. support the effort toj prevent demolition of the Luther Hotel. Sandra Davidson read a letter. from the Matagorda County Historical Commission, and spoke about the history oft the Luther Hotel, and it's importance for the city ofPalacios. Harvey Davidson read a letter from Anne Sauser regarding the demolition oft the Luther Hotel. 1. Presentation on Final Report Dismissing Litigation Cause No. 22-F-0245, in the 130th Judicial District Court of Matagorda County, Texas, Joseph Monk and Mark Rusk, Contestants V. James L. Gardner as Mayor and City of Palacios, Contestees. Presented by Anne Marie Odefey. Cily Attorney Odefey notified Council and the public of the results 2. Police Department Annual Update Presented by Tobie Bias, Chief of Police. Bias explained the handout regarding the Palacios Police Department, for the 2022 year. This 3. Insurance Services Office, Inc (ISO) Public Protection Classification of the City of Palacios Presented. by Cynthia Raleigh, City Manager. Raleigh explained the information that has been provided to the insurance company, and that the City is waiting. for a  PRESENTATIONS:  regarding the lawsuit.  document will be placed on the citywebsite.  response. from them.  CLOSED/ EXECUTIVE SESSION: Council entered. Executive Session at 6:27pm.  Pursuant to Texas Government Code $551.072, discuss the sale or lease of city-owned properties. MOTION. MADE BY. MAYOR GARDNER FOR THE CITY TO CONVEY TO THE FOEC THE BUILDING AND LAND ON PROPERTY #12671 FOR THEIR NON- PROFIT CORPORATION PURSUANT TO THE REQUIREMENIS OF TEXAS GOVERNMENT CODE, 2530ILSECONDED: COUNCILMEMBER GLENN. PASSED Pursuant to Texas Government Code $551.071(1) to discuss pending litigation styled Cause No. 23-H-0013, in the 23rd Judicial District Court of Matagorda County, Texas, Margaret Doughty and Edith Gower V. City of Palacios, Texas and the Estate of Harold  UNANIMOUSLY.  Jack Findley./ NOACTIONTAKEN. CITY OF PALACIOS REGULAR CITY COUNCIL MEETING MINUTES- JANUARY 26, 2023    Pursuant to Texas Government Code $551.071(1) to discuss contemplated litigation and pending EEOC Case No. 460-2023-02020, Perk O. Ostrewich V. City of Palacios Police Pursuant to Texas Government Code $551.074, to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal ofa public officer or employee, to-wit: Palacios Economic Development Corporation Board Members and City Council RECONVENE TO OPEN/ REGULAR SESSION: Council resumed regular session at City Council shall reconvene in Open Session and may discuss, consider, and take possible action on any item listed above that was considered and discussed in Executive/Closed  Department. NOACTIONTAKEN.  Member.. NO. ACTIONTAKEN.  7:40pm.  Session (Ifnecessary).  CONSENT AGENDA ITEMS  1. Minutes Discuss and approve the minutes of the. January 12, 2023, regular City Council Meeting. 4. Amendment to 2023 General Elections Services Contract between Matagorda County and the City of Palacios toi include Special Election Approve amended election contract to include both general and special election services between thel Matagorda County Clerk and the City of MOTIONMADE. BY COUNCILMEMBER GIENMIOACCEPTITENS, 1AND 4. SECONDED: 2. Finall Reading oft thei following Ordinance. No. 2023-0-03: An Ordinance ofthe City Council of the City ofPalacios, Texas, annexing 9.2475 acres ofland located within thel Beachside Subdivision asi further described! herein, intot the City'smunicipal boundaries, establishing thej permanent: zoning of the newly annexed territory, and declaring an effective date. Presented. by Anne Marie Odefey, Attorney. MOTIONTOACCEPT, FINAL. READING OFORDINANCE! NO. 2023-0-03 MADE BY COUNCILMEMBER WOOLE. SECONDED: COUNCILMEMEBEK LEWIS. PASSED UNANIMOUSLY. AYES: COUNCILMEMBER GLENN, COUNCILMEMBER TRAINOR, COUNCILMEMBER WOOLE, COUNCILMEMBER LEWIS, MAYOR GARDNER. ABSENT: 3. Finall Reading Ordinance. No. 2023-0-01 Reaffirming the establishment ofthel Palacios Police Department approve the final reading of Ordinance No. 2023-0-01 to-wit: An Ordinance ofthe city ofPalacios, Texas, establishing: aj police department, requiring allj police officers tol bel licensed, creating the position of chief of police, outlining the duties and responsibilities of the chief of police, and establishing the authority, duties and responsibilities of police officers; providing a savings clause, repealing conflicting ordinances, and providing an effective date Presented by Tobie Bias, Chief of Police. MOTION TO ACCEPT FINAL READING OF ORDINANCE NO. 2023-0-01 REAFFIRMING THE ESTABLISHMENT OF THE PALACIOS POLICE DEPARTMENT MADE BY COUNCILMEMBER GLENN. SECONDED: COUNCILMEMBER LEWIS. PASSED UNANIMOUSLY. AYES: COUNCILMEMBER GLENN, COUNCILMEMBER TRAINOR, COUNCILMEMBER WOOLE, COUNCILMEMBER LEWIS, MAYOR GARDNER.  Palacios. City Manager; Cynthia Raleigh. SEE ATTACHMENT "A" COUNCILMEMBER. LEWIS. PASSED UNANIMOUSLY.  COUNCILMEMBER SAMORA, COUNCILMEMBER DOTSON.  ABSENT: COUNCIAENDEASANOR. COUNCILMEMBER DOISON.  CITY OF PALACIOS REGULAR CITY COUNCIL MEETING MINUTES JANUARY: 26, 2023    DISCUSSION AND ACTIONI ITEMS:  1. Appointment of City Council Member for Place 6- - Discuss and approve the appointment ofa City Council Member to fill the vacancy of Place 6 due to a resignation. Presented by Mayor, Jim Gardner. MOTION MADE BY COUNCILMEMBER LEWIS TO POST VACANCY IN LOCAL NEWSPAPER TO FIND. AN INTIRIM UNTIL THE MAY 6H SPECIAL ELECTION. MOTION DIED FOR LACK OF SECOND. MOTION MADE BY COUNCILMEMBER TRAINOR TO CHOOSE. DONNA HARVEY SCHULMAN TO FILL THE VACANCY FOR. POSITION 6 UNTIL THE MAY 6TH SPECIAL ELECTION. SECONDED: COUNCILMEMBER GLENN. PASSED DONNA HARVEY SCHULMAN WAS SWORN IN BY CITY ATTORNEY, ANNE MARIE ODEFEI, FOR 2. City-Wide Water Infrastructure Improvement Project Funding Discuss and approve a funding route and grant authority tot the City Manager to expend an application feei for said funding application. Cynthia Raleigh, City Manager; Presentation by Garver Engineering. Wade Parks with Garver. Engineering explained different competitive funding options, for the project. MOTION TO MOVE FORWARD AUTHORIZING CITY MANAGER TO SIGN CONTRACT MADE BY COUNCILMEMBER WOOLF. SECONDED: COGNCILMEMBEK GLENN. PASSED 3. Final Reading of Peddlers, Vendors, and Food' Trucks Ordinance No. 2022-0-15 Discuss and approve the first reading of Peddlers, Solicitors, Street Vendors, and Food Trucks Ordinance to- wit: An Ordinance regulating food trucks; providing for codification; fixing aj penalty for failure to comply with such ordinance; repealing any conflicting ordinances; and setting an effective date. Presented by Ryan Adams, Code Compliance Oficer. Adams explained changes that were made tot thej final version ofthe ordinance. MOTIONTOAPPROVE FINALK REDINGOFORDMANCE NO. 2022-0-15 MADE: BY COUNCILMEMBEK WOOLF. SECONDED: COUNCILMEMBER SCHULMAN. MOTION TO AMEND ORIGINAL IN ITS ENTIRETY MADE BY COUNCILMEMBER WOOLF. SECONDED: COUNCILMEMBER GLENN. PASSED UNANIMOUSLY. AYES: COUNCILMEMBER GLENN, COUNCILMEMBER TRAINOR, COUNCILMEMBER WOOLF, COUNCILMEMBEK LEWIS, COUNCILMEMBER SCHULMAN, Code Development Steering Committee Discuss and approve selecting a Code Development Steering Committee for Code Updates.. Presented by Mayor Pro-Tem, Chip Woolf. COUNCILMEMBER WOOLFMADE4 A. MOTIONTOAPPOINTAD-HOC: CODE DEVPLOPAIENISTEANG COMMITTEE. MEMBERS, AND. DEFINE THE SCOPE OF THE COMMITTEE'S WORK. Pursuant to the CityofPalacios. Home Rule Charter Section 3.01(b) and the CityofPalacios Cily Ordinances Article 1.04. Division 2 the City Council hereby appoints Chip Woolf, chairman, Troy Lewis, Ron Laws, and Toni Laux to. serve as the initial members of the Ad-Hoc Code Development. Steering Committee to serve from now through. Mayo of 2024 unless their work can be completed: sooner: The  UNANIMOUSLY.  POSITION 6, ANDSCHUIMANTOOK POSITIONATTHE, DIAS.  UNANIMOUSLY.  MAYOR GARDNER. ABSENT: COUNCILMEMBER SAMORA.  4.  CITY OF PALACIOS REGULAR CITY COUNCIL MEETING MINUTES - JANUARY 26, 2023    Committee is charged with the task ofreviewing the City's existing ordinances relating tol land development and land use within the City limits and within the City's extraterritorial, jurisdiction; for the purpose ofrecommending to the City's Planning Commission ordinances that are consistent with City's decision-making. guidelines contained in the City's Comprehensive Plan and that create a more user friendly, more up-to-date and more. simplifiedi regulatory environment. SECONDED: COUNCILMEMBER GLENN. PASSED UNANIMOUSLL  5. Policy Approvals Discuss and approve the City's Fund Balance Policy, Investment Policy, and Fraud Policy as parts of the annual comprehensive financial audit. Tammy. McDonald, Finance. MOTIONMADETOAPPROVE! RESOLUTIONNO. 2023-R-02. BYCOUNCIMEMBER WOOLE. 6. Appoint and establish terms of Economic Development Board Members Discuss and appoint members tot thel Economic Development Board and establish terms for all board members. Thomas Gwosdz, Attorneyfort the PEDC. Ballots were issuedi to Council to vote on EDC Members and their terms. COUNILMEMBER GLENN RECEIVED 5 VOTES. COUNCILMEMBER SAMORA RECEIVED 1 VOTE. DC DUNHAM RECEIVED 6 VOTES. JOANNE LINDEN RECEIVED 3 VOTES. CLISSA MILLSK RECEIVEDIY VOTE.. EDWARD. POPE RECEIVED21 VOTE.. APPICANTS CHOSEN WERE: JOANNE LINDEN, AND. DC DUNHAM. COUNCILMEMBER CHOSEN WAS LARRY GLENN. EDC. MEMBERS WITHTERM. ENDING. INDECEMBER. 2023: KAITE HUTTO, MAYOR JIM GARDNER, MAYOR PRO TEM WOOLF, AND SANDRA CATLETT. EDC MEMBERS WITH TERM ENDING IN DECEMBER 2024: DC DUNHAM, JOANNE LINDEN, AND COUNCILMEMBER GLENN. MOTION TO. ACCEPT VOTES AND MEMBERS TERMS MADE BY COUNCILMEMBER WOOLF. SECONDED: COUNCILMEMBER LEWIS. PASSED 7. Approve PEDC 2023 Downtown Sanitary Sewer Infrastructure Improvement Project. Approve Resolution No. 2023-R-06 approving the PEDC's 2023 Downtown Sanitary Sewer Infrastructure Improvement Project, authorizing the City Manager to execute necessary documents, and declaring an effective date. Thomas A. Gwosdz, Attorney for the PEDC. Councilmember Trainor asked for clarification regarding this project being. funded by a grant. Tammy McDonald explained out ofthe lwo current sewer projects, one is funded by ag grant, and the other is not. MOTION MADE BY COUNCILMEMBER WOOLF TO ACCEPT RESOLUTION NO. 2023-R-06 APPROVING PEDC 2023 DOWNTOWN SANITARY SEWER INFRASTRUCTURE IMPROVEMENT PROJECT. SECONDED: 8. Approve PEDC Bert West Small Business Development Grant Project. Approve Resolution No. 2023-R-07 approving the PEDC's Bert West Small Business Development Grant Project and declaring an effective date. Thomas A. Gwosdz, Attorney. for the PEDC. MOTIONTOACCEPT FIRST READING OF RESOLUTION. NO. 2023-R-07 APPROVING THE PEDC BERT WEST SMALL BUSINESS DEVELOPMENT GRANT PROJECT BY COUNCILMEMBER WOOLF. SECONDED: COUNCILMEMBER. SCHULMAN. PASSED UNANIMOUSLY  SECONDED: COUNCILMEMBER LEWIS. PASSED UNANIMOUSLY.  UNANIMOUSLY. See attachment "B"for ballots.  COUNCILMEMBER GLENN. PASSED UNANIMOUSLY.  CITY OF PALACIOS REGULAR CITY COUNCIL MEETING MINUTES- - JANUARY 26, 2023    9. Call City Election and City Special Election First and Final Reading of Ordinance No. 2023- 0-04t to approve thel Regular City Election to bel held on May 6, 2023, forj positions 3, 4, and 5, and Special Election for position 6 of City Council, to-wit: Ordinance oft the City Council of the City ofPalacios, Texas, ordering a general municipal election and special election to be held on May 6, 2023; authorizing the Mayor, or designee, to enter into an agreement with Matagorda County to conduct the general municipal election and special election on behalf of the City of Palacios; designating the places and manner of holding the election and special election; providing for the posting and publication of notice; providing a savings clause; providing an open meetings clause; and, providing an effective date. Mayor, Jim Gardner MOTIONTOAPPROVEPIRSTANDFIMAL READING OF ORDINANCE NO. 2023-0-04 CALLING FOR GENERAL ELECTION AND SPECIAL ELECTION MADE BY COUNCILMEMBER TRAINOR. SECONDED: COUNCILMEMBEK LEWIS. PASSED UNANIMOUSLY. AYES: COUNCIMEMBER GLENN, COUNCILMEMBEK TRAINOR, COUNCILMEMBER WOOLE, COUNCILMEMBER LEWIS, COUNCILMEMBER SCHULMAN, MAYOR GARDNER. ABSENT: COUNCILMEMBER  SAMORA. ADJOURNMENT  Meeting Adjourned by Mayor Gardner at 8:49F PM.  Jim Gardner, MAYOR  ATTEST:  Aleigha Galvan, CITY SECRETARY  CITY OF PALACIOS REGULAR CITY COUNCIL MEETING MINUTES - JANUARY 26, 2023    CITY COUNCIL MEMORANDUM  Meeting: From: Subject: BACKGROUND  January 26, 2023 PEDC Attorney's Office Project  Council Approval of PEDC's Bert West Small Business Development Grant  The Palacios Economic Development Corporation (the "PEDC") is a Type B Economic Development Corporation authorized by the City of Palacios, and governed by The Texas Development Corporation Act (the "Act"). The Act requires the PEDC to take actions primarily through adopted "projects." These Section 505.158 authorizes a corporation authorized by amunicipality with a population of 20,000 or less to adopt a project for expenditures found by the corporation's board of directors to promote new or The Board of Directors of the PEDC has adopted the "Bert West Small Business Development Grant Project" (the "Project") for the Corporation to provide grants to small businesses within the City of Palacios. Each grant is expected to be no more than $10,000.00, and the entire project has a budget of Section S 501.073 of the Act requires the PEDC's authorizing unit to approve all programs and expenditures of the Corporation. Additionally, because the type of project authorized by section 505.158 is less restrictivet than othert types of projects, the Act requires the City'sa approval oft the project to include "A Type B corporation may not undertake a project authorized by this section that requires an expenditure of more than $10,000 until the governing body of the corporation's authorizing municipality adopts a resolution authorizing the project after  projects can be adopted for various purposes outlined in the Act.  expanded business development.  $50,000.00 in this fiscal year.  two readings of a written resolution. Section. 505.158(b) states:  giving the resolution at least two separate readings."  This resolution approves the Project on first reading. City Council will consider this resolution on second  reading at its regular meeting on February 9, 2023.  RECOMMENDATION ATTACHMENT  Approve the PEDCI Bert West Small Business Development Grant Project on first reading. Resolution Approving PEDC's "Bert West Small Business Development Grant Project"    RESOLUTION NO. 2023-R-07  A RESOLUTION APPROVING THEI PALACIOS ECONOMIC DEVELOPMENT CORPORATION'S BERT WEST SMALL BUSINESS DEVELOPMENT GRANTPROJECT  AND DECLARING AN EFFECTIVE DATE.  Whereas the Palacios Economic Development Corporation (the "PEDC") isaTypel BI Economic Development Corporation authorized by the City ofPalacios, and governed by The Texas Development Corporation Act, Texas Local  Government Code Chapters 501, 504 and 505;  Whereas the Texas Development Corporation Act $ 501.073 requires the Whereas the PEDC's Board ofI Directors, at its regular meeting on January 4,2023, adopted the "Bert West Small Business Development Grant Project" (the "Project") for the Corporation toj provide small business development grants within  PEDC's authorizing unit to approve all programs and expenditures.  the City of] Palacios.  Whereas section 505.158 requires that a Type B corporation may not undertake a project authorized by that section that requires an expenditure ofmore than $10,000 until the governing body ofthe corporation's: authorizing municipality adopts a resolution authorizing the project after giving the resolution at least two Now Therefore, bei it resolved by the City Council oft the City of] Palacios, Texas, that: 1. The recitals and findings set forth above are hereby incorporated for all purposes. 2. The Palacios City Council hereby approves the Palacios Economic Development Corporation's "Bert West Small Business Development Grant Project" (the "Project") for the Corporation toj provide small business development grants within the City of] Palacios. 3. This resolution shall become effective immediately upon adoption.  separate readings.  [SIGNATURE PAGE FOLLOWS]    Approved on first reading this 26th day of. January, 2023.  City of] Palacios, Texas  By:  Jim Gardner, Mayor  Attest:  Aleigha Galvan, City Secretary  Approved on second reading this gth day ofl February, 2023.  City of Palacios, Texas  By:  Jim Gardner, Mayor  Attest:  Aleigha Galvan, City Secretary  2    Agenda Item No. 23-24 Borderstar Grant  CITY COUNCIL MEMORANDUM  City Council Meeting: Department: Subject:  February 9, 2023 Finance/HR Manager 23-24 Borderstar Grant  BACKGROUND  The City of] Palacios is asking to apply for 23-24 Borderstar Grant. The Palacios Police Department works the borderstar program yearly and is reimbursed for overtime for this program..  GOALS trafficking. FISCALIMPACT RECOMMENDATION  The goal oft the grant is toj provide additional patrol for corridors that may be used for drug and/or human  The fiscal impact for the City of] Palacios is none due to no match required for this grant.  Staff recommends that the city authorize the Mayor to execute all contractual documents; the Mayor, City Manager and/or City Finance/HR Manager to authorize all Purchase Vouchers and Request for Payments; and the Mayor to execute environmental reviews and related environmental documents.  ATTACHMENT Grant.  See attached Resolution 2023-R-08. Authorizing Application and Signatories fort the 23-24 Borderstar    RESOLUTION 2023-R-08  AF RESOLUTIONI BY1 THE CITY COUNCIL OF CITY OFF PALACIOS DESIGNATING APPROVAL WHEREAS, The City of Palacios finds iti int the best interest of the citizens of Palacios that the WHEREAS, The City of Palacios agrees to provide no match for the said project as required by WHEREAS, The City of Palacios agrees that in the event of loss or misuse of the Office of the WHEREAS, The City of Palacios designates Cynthia Raleigh, City Manager as the grantee's NOW, THEREFORE, BE IT RESOLVED that the City of Palacios approves submission of the PASSED AND/ APPROVED BY THE CITY COUNCIL OF THE CITY OF PALACIOS, TEXAS, on  TO APPLY. AND/ ACCEPT, AI LOCAL BORDERSTAR GRANT.  Borderstar be operated for 2023-2024; and the Borderstar Grant application; and oft the Governor inf full.  Governort funds, City of Palacios assures that thet funds willl be returned tot the Office authorized official The authorized official is given the power to apply for, accept, reject, alter ort terminate the grant onl behalf oft the applicant agency.  grant application for the Borderstar grant to the Office oft the Governor.  February 9, 2023. APPROVED: Jim Gardner, Mayor ATTEST:  Aleigha Galvan, City Secretary    NAME COSTIATOIEHPESAIC DATAPROSELLP WCOFT TEXAS-ELC CAMPODISTRIC FIRST FINANCIAL BANK CENTERPOINT ENERGY QUILL RG3METERCO AMAZONCAPITAL: SERVICES URBANE ENGINEERING ABZL LANDSCAPING ACT PIPE&SUPPLY AMEGYE BANK AMERICAELECTRIC/ ANDHARDWARE ANTODOVAL, LLC/ANTONIO'SI TIR BARRY, JLIBERONI TOBIE BIAS CENTERPOINT ENERGY COASTAL PUMPS SERVICES FIRST FINANCIALI BANK RONTERCOVMUNCATIONS GLOBALI INDUSTRIAL GULFCOASTI PAPERCO HAYESELECTRIC HEATHERPENA INFINITICOMMUI JNICATIONS TECHNO KATYA ANNE PLUNKETT KIRBYSN MAINTENANCE! SERVICES MATAGORDAC COUNTY TREASURER MATAGORDAC COUNTY TREASURER PALACIOSC CHAMBEROF COMMERCE PALACIOSIAWNCARE PALACIOSUIBRARY PTSMARKETINGS SERVICE REDBUDSUPPIY,ING RG3METERCO ATHTPASCORNSAIDPE STOPSTICKS.LTD SUZANL. THOMPSON TCILONGDISTANCE TCILONGDISTANCE TEMASCOMPTIROIEROF PUBLI ICACCOUNTS MERTECHNOIOGES UPS VICTORIA COMMUNICATIONS SERVICE VER/OMWRIESVERZON WIRELESS KESKACONSIRUCION MATAGORDACOUNTY WOMENSCRISIS CENTER 01/18/2023 DANEIAZAMORALUIE MARIORODRIQUEZ ROBERT WOOLSEY RONNIE REYNOLDS PAUL NGUYEN NIETOSPAINT ANDBODY ACT PIPERSUPPLY AUSSIE AG&A AUTOREPAIRS DRMNG SAFETY SERVICES DXI INDUSTRIES, INC. ENVIRODYNEI LABORATORIES INC. GRANTWORKS GULFCOASTI PAPERCO HARRISON, WALDROPRUHEREK MANUEL GUEVARA OFFICEDEPOT PALACIOSLAWNCARE PALACIOS3GLLC PALACIOSBEACON PALACIOSCOM. MEDICAL CTR EAACOSVAIERMACINC SEEDSTOCKMEDIA AFLAC SUNÇOAST RESOURCES TEXASWORKFORCE COMMISSION TMLI IEBP TCMA-REGION6 KIRBY'SN MAINTENANCE! SERVICES MYJ JEC.NET ROBERTS, ODEFEY, WITTE&WALL, ROBERTS, ODEFEY, WITTE&WALL, ROBERTS, ODEFEY, WITTE&WALL, ROBERTS, ODEFEY, WITTE&WALL, ARTEMIOGUERRERO  DATE AMOUNT REASON 01/13/2023 01/13/2023 01/13/2023 $ 4820.62 Sewer PlantMorton RollOffs 01/27/2023 01/27/2023 01/27/2023 01/27/2023 01/27/2023 $ 9,302.73 Courta andA Airport 01/03/2023 01/13/2023 01/13/2023 01/13/2023 107,279.00 Taxl Note! Payment 01/13/2023 01/13/2023 01/13/2023 01/13/2023 01/13/2023 01/13/2023 01/13/2023 1/13/2023 01/13/2023 1/13/2023 01/13/2023 01/132023 01/13/2023 01/13/2023 01/13/2023 01/13/2023 01/13/2023 01/13/2023 01/13/2023 01/13/2023 01/13/2023 01/13/2023 01/13/2023 01/13/2023 01/13/2023 01/13/2023 01/13/2023 01/13/2023 01/13/2023 01/18/2023 01/20/202 01/20/2023 01/20/2023 01/20/2023 01/20/2023 01/25/2023 01/27/2023 01/27/2023 01/27/2023 01272023 01/27/2023 01/27/2023 01/27/2023 01/27/2023 15,500.00 Audit 01272023 01/27/2023 01/27/2023 01/27/2023 0127/2023 $ 1.275.00 CiyandE EDCAds 01/27/2023 $ 1,985.00 ERVisit 01/27/2023 01/27/2023 01/27/2023 01/27/2023 $ 929.07 Gasoline 01/27/2023 01/27/2023 66,027.70 Employee! Health! Insurance 01/27/2023 01/27/2023 01/27/2023 01272023 01/27/2023 S 23.75 Court-DecD Docket 01/27/2023 01/27/2023 01/27/2023 15,000.00 Bethany Park Polhole Project  18,855.25 Ublities 2,669.08 Bilings statements 109.67 Deposit SlpB Books 44.85 Ublities 401.84 Supplies- Court, Cilyh Halla and Ubility! Departments 1,500.00 2023 Softwarel License Supplies and1 Tools- Ubility, Parks,Streets and Drainage, Admin, PD, 9,968.00 Downtown Rev Grant Payment#2 2,440.00 January) Mowing Service 3814.35 PWS Supplies 357.05 PWS Supplies 2,169.25 New Tires andF Repairs 340.00 New! Hire Physical 44.25 Meala allowance forl Training 74.67 Ubilities 65.00 Safe DepositE Box Rental 1,445.29 Ublities 1,250.07 Pallet Scale- Paidy with GrantN Monies 71.49 Supplies 9,160.91 Electrical repairs 71.92 Mleagef forl Incodel Training 4,910.84 ITS Supporta andA Annual Maintenance 112.50 Dec22J Judge Services 3,257.50 Jan23G Generator Maintenance 8371.72 Dispatcher Services 800.00 City Barn Rental 80.00 Tickelsf fora annual awards 7,500.00 Quarterly Payment 1.125.00 Website Redesign 122.44 PWS Supplies 1,910.65 PWS Supplies 1,391.13 Culvert 3,485.00 PDSlop StickKit- Paldbygrant 800.00 Judge Services 19.90 Phone 12,357.71 Quarterly Paymento on Criminal Costs 1.219.17 Monthlys Soffware 150.28 Return Meters 954.00 PSupport 423.22 Phone 26,000.00 PDRemodel! DownF Payment 250.00 Sponsorship 98.05 Ublily Refund 43.71 Ubily Refund 53.39 Ublity Refund 101.70 Ublily Refund 68.71 Ublily Refund 5520.63 Vehidle Repair 798.24 PWSupplies 750.00 Repair AirportFireT Truck 340.00 Drug Screenings 4,005.20 PWChemicals 605.50 Dec221 Testing 8,000.00 Grant Application- PaldbyGrant 171.92 Cleaning Supplies 65.00 Refund 208.19 PDCleaning! Supplies 1.250.00 Clean SWT Tanks 411.15 Inspectionsa andF Repairst tovehicles 106.29 Animal Care 256.00 EDCV Website 548.76 Employeel Insurance- PaidbyE Employees 1.938.78 Unemployment 75.00 Annual Dues 1,550.00 Manlit Rental 299.97 Internet 1.575.00 Beachside 1.204.25 Court-T Triala andF Pre-Trial 5,175.00 PEDC  01/13/2023 11,761.00 UniversiyLs Station andlins Slationf #125 Service Calls  01/132023 $ 2,950.00 Mowings Service    GFLE ENVRONMENTAL VICTORIA BUILDERSUPPLY MARSHALLS SHREDDINGCO JIMGARDNER FUNCTION4,LLC PPLSI HONDAOFLAKE, JACKSON BLAKE CUNNINGHAM MISFITS ANDCREATURES GLOBAL INDUSTRIAL LSPS SOLUTIONS NORTHT TEXAST TOLLWAYA AUTHORITY PALACOSUITIEIEAGUE MOSCADESIGN PALACIOSY YOUTHSUPPORTERS RICOHUSA RICOHUSA RICOHUSA RICOHUSA RICOHUSA RICOHUSA MICHELLEB BOEHME FOEC LYLEPRINTING PAY ANDSAVE, INC, LOWE'S PALACIOS3-G PRIME PARTS SUPPLY REDBUDSUPPLY,I INC. SUNCOAST RESOURCES TEXASA&MA AGRILIFEE EXTENSION JZJUTILITIESM MANAGEMENT BOBCAT OFV VICTORIA BIGTEXTRAILE LERWORLD MERCERCONTROISINC Total  01/27/2023 01/27/2023 01/27/2023 01/27/2023 01/27/2023 01/27/2023 01/27/2023 01/27/2023 01/27/2023 01/27/2023 01/27/2023 14.145.00 Firel Hydrant Service 01/27/2023 01/27/2023 01/27/2023 16,486.18 Christmas Decorations- PaidbyGrant 01/27/2023 01/27/2023 01/27/2023 01/27/2023 01/27/2023 $ 2,628.96 Printer0 CiyHallJan23 01/27/2023 01/27/2023 01/27/2023 $ 250.00 Refund 1/27/2023 $ 250.00 Refund 01272023 $ 227.35 Envelopes and Citations 01/27/2023 $ 83.95 Supplies 01/27/2023 01/27/2023 01/27/2023 01/27/2023 01272023 01/27/2023 01/27/2023 01/27/2023 1/27/2023  45.33 Animal Carcass 104.50 Sewer Plant 190.00 Shredding 187.90 H-GACA AnnualN Meeting Reimbursement 145.28 Pinter Maintenance! EDCFinal 133.53 Legal Shield- Paid byE Employees 67.40 OilandFiters forh Mowers 145.87 PDSupplies 490.00 MonthlySupport 798.72 PWS Supplies 28.21 Tollsfor Class 100.00 Placard Sponsor 500.00 Sponsorship 289.02 Printer CiyHallDec22 343.55 Printer Municipal CourtDec2 22 474.22 PrinterP PDDec22 268.77 Printer MunicipalCourt Jan2 23 288.85 Pinler PDJan23 341.10 Vehicle Repair 1,595.86 PWS Supplies 619.90 PWSupplies 1,459.67 Gasoline 70.00 Conference 7,012.13 Dec?2S Servicea andF Repairs 1,639.15 NewExcavator 6.999.24 PWT Trailer 2,978.87 Repairs toWells $ 525,837.84        CITY COUNCIL MEMORANDUM  City Council Meeting: Department: Subject:  February 9, 2023 Public Works  Bethany Park Liftstation Project  BACKGROUND  When the City completed the Sewer Masterplan in 2022, we identified the Bethany Park Liftstation as a capital improvement project that needed tol be completed. After discussion, wei found that we were unsure oft the condition and size oft the pumps due to al lack ofi records. Leadership approved Hahn Equipment to repair the rails at thel Lifstation and pull the pumps to identify the needs. Below is what this service call 1-Bothj pump impellers and wear rings are worn out. This alone could cause a +- 50% drop inj pumping 2-Both pumps have aj power cable that has swollen and cracked and: should be replaced. 3-The conduit from the wet well to thej junction box is full off foam or plaster and needs to be cleaned 6-These pumps have been adapted to mount on quick disconnect elbows in the bottom oft the station, and the elbows int the station are by different manufacturers, neither are. Flygt. They are functional with no problems, and while we were there we repaired and remounted the guide rail brackets.  report identified: capacity.  out toi remove cables.  4-E Both pumps were operational, dry motors, and pulled good amps. 5-Both pumps are the same Flygt model CP3102 pump w/433 impeller.  GOALS  Toj provide adequate service to the community for sewage transmission to treatment facility.  FISCALIMPACT 1) Initial Service Call: $ 1,600.00 2) New Pump 1 including installation $11,300.00 3) New Pump 2 including installation (worse case) $11,300.00 4) Timer Relay replacement inj panel $ 200.00 $24,400 to be paid for from American Rescue Funds Approve this project due to its essential need for the community Project assessment and Service Calll Report from Hahn Equipment  RECOMMENDATION ATTACHMENT    HAHN EQUIPMENT CO., INC. 5636 KANSAS e HOUSTON, TX 77007. PHONE # 713-868-3255 e] FAX; # 868-9725  HAHN Pumys.Controls,.Mliers Senicesa SaERemal 2/2/2023 City ofPalacios Re: Bethany Park LS  Service Costs: One truck with Two Technicians is $200 per hourx 81 hours. $1,600.00 to bei invoiced.  Service Call Report  1-Both pumpi impellers and wear rings are worn out. This alone could cause +/-: 50% drop inj pumping capacity. 3-The conduit from the wetwell to thej junction boxi is full of??? foam or plaster andi need to be cleaned out to remove cables.4 6-These) pumps have been adapted to mount on quick disconnect elbows in the bottom ofthe station, and the elbows in the station are by different manulacturers, neither are. Flygt. They are functional withy noy problems, an while we were there we Wej pulled our rental pump apart andi replace thei rotating assembly with your pump. (couldn't pull cable and we used your volute as our loaner would noti mount tot the adapters.) Your pump willl be returned to our: shop for repair estimate. We will need to replace thei impeller/wear ring and cable, and even though thej pump was operational, ity would be my recommendation to go The control panel is in very good shape, operational with minor repair needed. I dor not suggest you replace this panel unless you are looking to upgrade system with SCADA. The exterior is painted steel ands shows some rust,) you may want tol have recoated. Wec could nott try a smaller pumpi in thes system (one that matches the RFQI bid) due tot the adapters. This smaller pump will not adapt to the existing elbows. Ifv we were to supply thes smaller pumps as bid, replacement of the existing elbow would bea a requirement. The existing pumps, even as worn ast they are, werel keeping up with the inflow all day yesterday when we were there. Ia agree with) Matt Glaze from Urban on the sizing, althoughl Idon't feelt the cost of new pumps isj justified as the existing  2-Both pumps have power cable that has swollen and cracked and should be replaced. Both pumps were operational, dry motors andj pulled good amps. 5-E Both! pumps are the same Flygt model CP3102 pump w/433 impeller.  repaired and remounted the guide rail brackets.  ahead andi replace seals and bearings due to age oft the pump.  pumps are in good shape and would helpl handle any potential infiltration issues.  Repair Quote for S/N 181.0620200  As observed above, thei impeller is completely worn out. When we disassembled the pump the oil housing (above the impeller) and the: stator housing (around the motor) is eroded as well andi needs tol be replaced. Wei mentioned above the power cable has to be replaced and with the bearing, seals and Oringi replacement would put this over $9,100.00 and the shop wants to test the motor windings as the insulation looks to be inj pretty bad shape, and they feel should be replaced. All  total you are almost at $11,000.  Charlie Gioielli Direct Office 713 401-0224. - Mobil Phone 281 546-0860    A replacement pump, NP3102.160 with 5HP motor drilled to be adapted to the existing slide brackets, including installation is $11,300. Even if we don'treplace the windings, it would make sense. The new pump comes with thel N Technology that has al hard iron impeller and wear plate that shred and pass rags and wet wipes. It will come with a new pump 5-year warranty. Presently we should have a new pump Hahn Equipment offers FREE loner pumps when our customer orders a repair or replacement. The loneri is presently installed and can be swapped out once we install the new or repaired pump, and there is no cost  available in 3 weeks.  for this loner. PUMP: 2  Ifwe install the new/rebuilt Pump 1, we can pull this pump and return tol Houston for evaluation. We could  leave the loner pump ini the Pump 2 position until an evaluation on Pump 2 is complete. The assumption is that Pump 2 will more than likely need to be replaced as well.  There are no other mechanical parts needed for this station. There are, as noted above, some minor control components that need attention and we stand by our opinion ai new control panel in not warranted at this  time.  COST SUMMARY 1) Initial Service Call: 2) New Pump 1 including installation 3) New Pump 2 including installation (worse case) 4) Timer Relay replacement inj panel Charlie Gioielli Hahn Equipment Co., Inc. Cc: Jason Van Alstine Matt Glaze Jon L Vollbrecht  $1,600.00 $11,300.00 $11,300.00 $ 200.00  Charlie Gioielli Direct Office 713 401-0224- Mobil Phone 281 546-0860    CITY COUNCIL MEMORANDUM  City Council Meeting: Department: Subject:  February 9,2023 Administration  Ratification of Special Agreement with Outrigger for Pavilion Use  BACKGROUND  The Friends of the Outrigger reached out to the Mayor regarding the use ofthel Pavilion for multiple reoccurring concerts andj jam sessions at the Pavilion. The Outrigger wishes to use the Pavilion for 10 concerts, once ai month, for 10 consecutive months beginning in February. The agreement was verbally approved on January 24, 2023, due tot the need to advertise, with thei intention of ratifying the contract at Per the City's Fee Schedule, a 501c3 organization, like thel Friends of the Outrigger can qualify fora$ $100 discount for the rental oft the Pavilion. Since thisi is not a one-time rental, but rather a 10-month consecutive rental, and the regular rental feei in the adopted fee schedule is for 12 hours, not 3 hours, and the normal feei is $650, not $300, city administration deemed it necessary to ratify the agreement with  the next available Council meeting on February 9, 2023.  City Council. GOALS  To ratify the agreement with the Friends of the Outrigger. Music is educational. Music brings people to Palacios. People will seel how beautiful Palacios and thel Pavilion is. This rental could lead to more  rentals and more revenue for the city. FISCALI IMPACT $3,000 for at ten-month agreement. RECOMMENDATION Approve the agreement. ATTACHMENT  Modified Palacios Pavilion. Agreement with the Friends oft the Outrigger    Welcome to the Palacios Pavilion! Policies and Procedures  RESERVATIONS:  Initiala  Reservations are booked on a first-come-firs-served basis and can be made up to 2 years in advance of the rental date. Reservations are considered confirmed when a written (email) request is made and confirmed by the City, and a rental agreement is signed by both the renter and the Payments for deposits and rental fees may be made only int the form of cash, money orders, or checks. Checks and money orders should be made payable to "City of Palacios Pavilion" and mailed to P, 0. Box 845, Palacios, TX 77465 or paid in person at City Hall, 311 Henderson St. Returned checks will be charged a $50.00 fee and the rental may be subject to cancellation. Payments will be made monthly for at least the first 10 months of the year. The Pavilion Ifthe event is canceled less than 24 hours prior to the scheduled event, no payment will be refunded. Ifthe event is canceled more than thirty (30) days prior to the event, the monthly fee  Pavilion Coordinator. No verbal agreements will be honored.  exercises the right to create a waitlist for the date ofyour event.  will roll over to the following month.  USEOESPACE:  The MAXIMUM number of persons allowed on the upper floor oft thel Pavilion at any one time is 175 including the exterior deck. Rental of the Pavilion includes the use of the upper and lower floor areas including the main room, catering kitchen, restrooms/dressing areas, and upper outside deck, lower deck restrooms, and open space. Renters have no access to the storage area on the The renter agrees to defend, indemnify, and hold harmless the City, its employees, and agents from any and all claims, causes ofaction, costs and liabilities ofevery kind and nature whatsoever, directly or indirectly resulting from or caused by the use ofoccupying ofthe) Pavilion by the renter, Shoulda as situation arise that results int the Pavilion Coordinator or other assigned employee to be present at the Pavilion before or after the agreed hours of the event, a $50/hour fee will be  renter's guests, invitees, vendors or licensees.  assessed to the renter.  Written 1/20/2023    N  RATES FOR PAVILIONI USE) FOR FRIENDS OFTHEOUTRIGGIK  Initada  The Friends of the Outrigger (Outrigger) will pay $300 per month for a minimum of 10 months per year. Payments will be made on the [st oft the month for the !st 10 months of this contract. This will allow the Outrigger to use the upstairs of the Pavilion one night during the month, Ifa second Outrigger is willing to partner with the City of Palacios to coordinate musicians to play in an  event is scheduled for the month int the upstairs and additional $300 will bej paid. open mic setting underneath the Pavilion free of charge to all involved. This agreement can be canceled by either party with a 60-day written notice.  LVENTPLANNING:  Tables and chairs are for inside use only. A $25.00 penalty will be assessed for each chair or table removed from the Pavilion's upper floor interior. Chairs should be folded and stacked on the Decorations may not be placed on any exit sign marked "Emergency." No decorations may bel hung from the ceilings oft thel Pavilion, No decorations are allowed on the walls or doors oft the Pavilion. TAPE OF ANY KIND, TACKS, PUSH PINS OR NAILS ARE NOT ALLOWED No signs, banners, or other advertising may be located on the Pavilion property by the renter  tables by the renter after the event.  FOR USE INTHE PAVILION.  without written permission from the Pavilion Coordinator.  CONDUCT:  Any and all persons whose conduct is disorderly or disruptive in any manner, including, without limitation of any of the following inappropriate behaviors, may be escorted from the Pavilion property by the Pavilion Coordinator o1 their authorized representative, including law  enforcement and/or security: Excessive noise Vandalism Intoxication Nudity/ndecent exposure  Offensive gestures, displays, abusive/indecent or profane language  Fighting, assault, threats against another person  2  Written 1/20/2023    Palacios Pavilion Police Officer/Security Contract Facility Address: 693 South Bay Blvd., Palacios, TX 77465  Name or Organization. Friends oft the Outrigger Responsible Contact: D.C.Dunham Address PO) Box 835, Work Phone  Zipl Palacios, TX 77465  City, State,  Mobile Phone  Home Phone. Date of Event Monthly  (Please circle primary phone number for contact) Type of Event Music Listening Event Starting Time5:00p.m. Ending' Time 9:00 p.m. 1,(We) Will Be Serving Alcoholic Beverages: Yes_  Number of Guests Expected 20-70  NoX  Number of Officers Required.  Ifa alcohol is served, one (1) security guard must be present at all times during the event. The bar should be confined to one specific spot pre-arranged with the Pavilion Coordinator. If more than 200 persons attend any event, whether alçohol is served or not, two (2) security guards are required to be present at all times during the event. It is the The Security Contract, between the renter and an approved security company or law enforcement officer(s) providing security, must be provided to the Pavilion Coordinator at least five (5) business days before the event. Ifat any time the required security guard(s) is not present, the event will be cancelled immediately and all guests will be asked to immediately vacate the Pavilion and the security deposit and rental fee will be forfeited. AIL officers shall be compensated upon execution ofthe Security Contract, no Jater five(5) business days priorto event.  Renter's responsibility to control the number of persons attending an event.  "The City of Palacios shall not be liable or responsible for, and shall be saved and held harmless by Renter from and against any and all claims and damages of every kind, injury to or death of any person or persons and for damages to or loss of property, arising out of or attributed, directly or indirectly, to the operations or performance under this  Contract." Renter's Signature  edaba  Daté 4layks  Renter's Printed Name:D. C. Dunham, Friends oft the Outrigger, Treasurer.  (Renter's signature must be witnessed by Palacios Police Department Representative)  Police! Dept. Representative: 1 -  Tobie 6x45 Printed name  ofaybnas Date  Signature  Form R-3 Security 2-1-18    HOLDHAEMIISS:  Initial JAN  The City ofPalacios shalli not bel liable or responsible for, and: shall be saved and held] harmless By Friends of the Outrigger from and against any and all claims and damages ofevely kind, injury toordeath ofany person or persons and for damages to or loss ofp property, arising out ofor attributed, directly or indirectly, to the operations or performance under this Contract. I,D.C. Dunham, on behalf of Friends of the Outrigger, fully understand the requirements of the Pavilion Policies & Procedures and agree to adhere to them as a condition ofi my rental oft the Palacios Pavilion. On the Application for Rental, I agree to not misrepresent the purposes for whichIamrenting the Pavilion or thei maximum number of persons whom Ihave stated will be in  attendance. Signature:  Date:.  aedh  yay/as  Printed Name: D.Q.Duahar Witness: Tammy molmnals Printed Name:_ Tammy mebenald  RENTERS RESPONSIBIITY  TAKBOUTTRASH  FURNISHTHER OWNTRASHBAGS  IFANYUTENSILS. AREUSED, WASH &1 DRY THEM, PUTTHEM  BACKLBAVETHE KITCHEN SINK CLEAN  SWEEP &I MOPI FLOORS  FOLD &J PUTBACK, ANYEXTRA CHAIRS & TABLES MAKE SURE STOVE, OVEN & WARMER IS OFF  TURN OFF ALLLIGHTS LOCKDOOR  3  Written 1/20/2023    The current rate for Palacios Police Department Personnel is $30 per hour, per person, with ai four (4) hour minimum  required. Holiday Rate is charged at $35 per hour, per man,' with at four (4) hour minimum.  1.) Officer Name_ Event time:, 2.) Officer Name, Event time:  $ $  Received  (Officer initial)  Received,  (Officer initial)  3.) Officer Name_ Event time:  Received  (Officer initial)  Form R-3 Security 2-1-18    INTERNAL REVENUE SERVICE P. 0. BOX 2508 CINCINNATI, OH 45201 Date: DEC062018 FRIENDS OF THE OUTRIGGER 16024 CENTRAL COMMERCE DR PPLUGERVILLE, TX 78660-0000  DEPARTMENT OF THE TREASURY  Employer Identification Number:  83-2488094 DLN: 26053717005668 Contact Person: CUSTOMER SERVICE Contact Telephone Number: (877) 829-5500 Accounting Period Ending: December 31 Public Charity Statusi 509(a) (2) Form 990/990-EZ/990-N Required: Yes Effective Date of Exemption: August 29, 2018 Contribution Deductibility: Yes Addendum Applies: No  IDI 31954  Dear Applicant:  We're pleased to tell you we determined you're exempt from federal income tax under Internal. Revenue Code (IRC) Section 501(c) (3). Donors can deduct contributions they make to you under IRC Section 170. You're also qualified to receive tax deductible bequests, devises, transfers or gifts under Section 2055, 2106, or 2522, This letter could help resolve questions on your Organizations exempt under IRC Section 501(c) (3) are further classified as either public charities or private foundations. We determined you're a public charity under the IRC Section listed at the top of this letter. If we indicated at the top of this letter that you're required to file Form 90/990-H4/990-N, our records show you're required to file an annual information return (Form 990 or Form 990-EZ) or electronic notice (Foxm 990-N, the e-Postcard). If you don't file a required return or notice for three consecutive years, your exempt status will be automatically revoked. If we indicated at the top of this letter that an addendum applies, the For important information about your reponsibilities as a tax-exempt organization, go to w.ir.gov/charities. Enter "4221-PC" in the search bar to view Publication 4221-PC, Compliance Guide for 501(c)(3) Public Charities, which describes your recordkeeping, reporting, and disclosure requirements.  exempt status. Please keep it for your records.  enclosed addendum is an integral part of this letter.  Letter 947    Rental Application for the Palacios Pavilion  (please print)  Vesb  Renter's Information: Responsible Party:  Friends of the Outrigger  RP Address: PdBaxs3,Fandos, TX 77465 RP email address: unham.docar omail 0  RP phone number:  Date(s) requested: Onceamonth.wIEh a minimum of  (Please print Day and Dateh 0 monthly rentals  Specific hours: 6PM to 9PM the event private or public? Expected number of attendees: 2.0-t0.7.0- Will alcohol be served: Yes. NoX  Purpose:  Bring Texas music artists to Palacios  Public  Are you an IRS designated non-profit organization? Yes_X No_ Certificate or Designation Letter presented to verify designation_- Bys signing this document, lagree to all the terms and conditions int this document. ADdan D.C. Dunham, Treasurer  1/20/2023  Renter Signature FOR PAVILION USE ONLY:  Printed Name  Date  Pavilion Coordinator Signature Security Deposit: Form R-1 App. 2-1-18  Date  (Check, Cash, Credit Card)    CITY COUNCIL MEMORANDUM  City Council Meeting: Department: Subject:  February 9, 2023 TIRZ#1  Economic Development Corporation  BACKGROUND  A TIRZ or Tax Increment Reinvestment Zone is governed by Chapter 311 oft the Texas Tax Code. There are: more than 180 TIRZS throughout Texas. TIRZs aréused as forms oft tax increment financing which isane economic development tool toi incentivize both development and redevelopment. A TIRZ is not'an additional tax. Insteàd, it establishes a "base tax value" fora designated geographic area when the Tax Increment Reinvestment Zone is created. Once that base tax value is established, a TIRZ: reallocates some or all of the additional ad valorem TIRZ property taxes can only be used within the TIRZ and can be used fori infrastructure, façade programs, landscaping, streetscaping, or practically any type of public enhancements to the zone. A TIRZ is used to expedite development in an area oft the city that may not otherwise develop in  property taxes in the: zone.  A1 TIRZ can last any amount oft time but is typically a 20-25-yeart term. at timely manner, by using property taxes to help pay for the costs. Such as: The surrounding properties are keeping it from developing may not be able to take on those costs by themselves  The cost to extend infrastructure to that development is SO high that a single developer Location within the municipality that has other circumstances, such as proximity to distressed neighborhoods, presence of unsafe conditions, deterioration ofthe site, or There are other taxes that get generated from new development, such as business personal property, sales tax revenue, and any percentage of uncommitted real property tax revenue-and those taxes don't go into the TIRZ, but they still benefit the City almost immediately. The most common use ofTIRZ funds is the cost ofinfrastructure. With many developments, the cost toi initially extend infrastructure has been very costly. In some cases, municipalities utilize TIRZ: funds to extend that infrastructure, and in some cases, the developer extends the infrastructure out oft their own pocket and then is repaid for those costs as their development creates enough increased tax value within the TIRZ. Permitted "Projected Costs" can be paid for by TIRZ funds. "Project Costs" are those items that are listed in the Project Plans as costs of public works, public improvements, programs, or other projects benefiting the zone. Once defined and approved, these are the only items that are eligible to be funded by TIRZ dollars.  defective ori inadequate street layout    Project Costs may include:  Purchase ofl land forj public Infrastructure Relocation of public utilities Water, wastewater, and drainage systems Parks and landscape Public roads and buildings Façade improvements Environmental remediation Demolition of existing structures Administration fees and marketing Operational costs  Debt service reserve, capitalized interest, cost ofissuance  The city can receive an allocation for admin costs. For example, ift the city commits 100%, then gets 5%1 for admin costs, this will help offset expenses of managing the TIRZ Does not affect revenue currently going to the general fund oft the City which it depends Does noti involve additional ori increased taxes on existing or new developments to  Benefits ofa' TIRZ:  oni for the provision of existing services produce revenues to serve as incentives Does noti involve forgiveness oftaxes  Creates an opportunity to include other taxing. jurisdictions inj providing the tax incentives Captures only taxes on real property (land and buildings) no business personal property, inventory, sales taxes, and the undedicated portion of real property-leaving those revenues available to support any increase in general budget costs Itisac commitment for a period of years to providing a dependable source ofeconomic development funds which can be allocated to stimulate new development and ATIRZ allows for the reinvestment of tax funds in that area that created the funds  used for new public infrastructure and revitalization efforts  redevelopment over a years Expedite development Disadvantages of a' TIRZ:  Real property taxes, above and beyond your "base tax value" number, go into the TIRZ The city must pay for support services, such as the police department, out ofi its general  fund  A TIRZ may be formed in two ways:  1. Council may direct staffto create a: zone and staff would move forward with creation of  the zone    2. ATIRZ may be formed by 50% ofall the appraised value within the zone. The property owners who represent at least half oft the appraised value within the area would come to The various taxing entities that levy taxes on property may choose to participate in the TIRZ, such as the municipality, county, water districts, and/or taxing special districts. In our local area  the city and petition to have the zone created.  the taxing districts are: City of Palacios Matagorda County Matagorda Co. Hospital District Coastal Plains Groundwater District Drainage District #3 Palacios Seawall Commission Navigation District #1  School. Districts typically do not participate.  The creation ofa' TIRZ is ai multi-step process involving the city and any other participating tax entities. Once directed to do SO, staff typically ai representive from EDC and the Cily Manager"  will approach the different entities with an invitation to participate.  The steps are as follows:  1. Prepare a preliminary financing plan - detailing how the improvements will be paid for 3. Designate a reinvestment zone- through an ordinance outline the timeframe, establish the zone, indicate that the zone meets criteria, and create the Board ofDirectors, typically ar representative from each taxing entity and a representative oft the developer 4. Prepare aj project plan and a financing plan - should be consistent with preliminary plan and be approved by TIRZ Board and City Council -1 this is where we would designate how much to what, i.e. 50% to improving a golf course, 30%1 toi improving the airport, 20% to improving infrastructure or could be 40%1 to creating a water park, 40%1 to creating an airport subdivision, 20% to improving infrastructure (or howeveri iti is 5. See approval ofother participating taxing units through public hearing and formal 6. Implement TIRZ - begin implementation oft the outlined plan through the TIRZ. Board 7. Submit an Annual Report - once TIRZ is inj place, the governing body produces an  2. Hold a public hearing to gain public input  decided, creativity is the key)  consideration by that taxing unit's governing body  and' Town Council actions  annual report indicating the status of the: zone    How is a' TIRZ Managed?  Every city is a little bit different. We propose that it will be managed on multiple levels.  City Administration and EDC TIRZ Board  Oversight by City Council - has the last say when it comes to utilizing TIRZ dollars,  creating new projects, expanding the zone, etc.  How many people are on a' TIRZ Board and how are they appointed?  A TIRZ Board is made up of 5-15 members, a representative from each taxing entity. So, with our area, it would be a 7 member board. They will serve a two-year staggered term.  How will the City of Palacios pay for the projects?  Itis our intention to be fiscally conservative in the matter and eliminate any financial risk to the city. We do not plan or intend to take on any liability or debt by either not issuing debt until the added value is present to pay the debt or by issuing debt where the city's role is only the issuer, with no liability. Once a' TIRZ district is established, it will generate revenue into the TIRZt to begin paying for the established project costs. The revenue stream can be utilized to simply reimburse project costs (either to aj private developer or to the City, depending upon who has performed the work) as revenues grow, or debt can bei issued against the revenue stream oft the  TIRZ, or even a combination ofboth.  To view the Tax Increment Financing Act directly, please visit hsnssalalisumsem.DaTaA1RaLlam  Additionally, the Texas Comptroller provides information on Tax Increment Reinvestment Zone  creation in Texas at ittps/comptroller.txasgov/conomy/loca/ch31  GOALS  To obtain approval from the City Council to proceed with the next steps ofthe" TIRZ: #1  FISCAL IMPACT Zero fiscal impact to begin the process. RECOMMENDATION ATTACHMENT  Staffrecommends: moving forward. We need development, we need growth, smart growth. 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