STATE OF TEXAS COUNTY OF ORANGE  3 )  September 10, 2024  BEI ITI REMEMBERED THAT al Regular Meeting of the Orange City Council oft the City of Orange, Orange County, Texas, was held in the City Council Chambers (Orange Public Library Auditorium)  on Tuesday, September 10, 2024. COUNCIL MEMBERS PRESENT:  Larry Spears Jr. Paul Burch Matt Chandler Mary McKenna Brad Childs Caroline Hennigan Terrie T. Salter Michael Kunst Jay Trahan Patricia Anderson Jennifer Pool Cheryl Zeto Lane Martin John Bilbo Kelvin Knauf Adam Jack Divon Williams Alison Clary Madison Floyd Jennifer Wood Balie Viator Gavin Victoria James Louvier Logan Holland Donald Gravett Tyler Roberts Sean Gray Jonah Belaire  Mayor Mayor Pro-Tem Council Member Council Member Council Member Council Member Council Member City Manager Assistant City Manager, Director of Economic Development City Secretary Deputy City Secretary Director of Finance Chief of Police Fire Chief Director of Planning and Com m u nity Development Director of Public Works Deputy Director of CVB/Assistant to the City Manager Communication and Marketing Coordinator Deputy Director of Public Works Library Secretary Public Works Secretary Water/Sewer Manager Customer Service Coordinator Police Evidence/ID Technician Fire Captain Firefighter Firefighter Firefighter  COUNCIL MEMBERS ABSENT: STAFF MEMBERS PRESENT:    Regular Meeting  2 Mike Zeto Jake Travis Guy Goodson Brenna Manasco Hillary Gravett  September 10, 2024 CIS Manager IT Technician City Attorney Library Director Assistant EDC Director  STAFF MEMBERS ABSENT:  Mayor Spears called the meeting to order at 9:00 a.m.  Council Member Childs led the Invocation and Pledge of Allegiance.  MOTION FINDING THAT THE ADVANCE POSTING AND NOTICE REQUIREMENTS OF ARTICLE 8.1200 OF THE CODE OF ORDINANCES OF THE CITY OF ORANGE, TEXAS HAVE BEEN MET IN RELATION TO ALL MINUTES AND PENDING ORDINANCES AND RESOLUTIONS ONTHIS AGENDAANDTHATTHEREADING OFSUCHITEMSBECONFINED TO THE CAPTIONS AS ARE AGREED UPON BY THE ORDINANCES AND RESOLUTIONS. Mayor Pro-Tem Burch moved to approve the motion. Second to the motion was made by Council  Member Chandler which carried with the following vote: COUNCIL MEMBERS VOTINAG AYE: COUNCIL MEMBERS VOTING NO: CITIZEN COMMENTS  Mayor Spears, Mayor Pro-Tem Burch, Council Member Chandler, Council Member Childs, Council Member McKenna and Council Member Hennigan  None  Kristen Ross, Executive Director of Orange Community Action Association - Meals on Wheels, gave a brief bio of herself, briefed the Council on services offered by Meals on Wheels and its  Mission Statement. CITY ANNOUNCEMENTS  Mayor Spears read a proclamation for National Pan-Hellenic Council Golden Triangle. The proclamation was accepted by Margaret Hope-Adams and Albert Thigpen, President of the  National Pan-Hellenic Council - Golden Triangle.  CONSENT AGENDA  AUGUST 20, 2024 SPECIAL CALL CITY COUNCIL MEETING MINUTES AUGUST 27, 2024 REGULAR CITY COUNCIL MEETING MINUTES    Regular Meeting  3  September 10, 2024  Council Member Hennigan moved to approve the foregoing two items on the Consent Agenda in one motion. Second to the motion was made by Council Member McKenna which carried with the  following vote:  COUNCIL MEMBERS VOTING AYE: COUNCIL MEMBERS VOTING NO:  Mayor Spears, Mayor Pro-Tem Burch, Council Member Chandler, Council Member Childs, Council Member McKenna and Council Member Hennigan  None  PUBLIC HEARINGS  CONDUCT A PUBLIC HEARING ON A REQUEST FROM RANJIT KHINDA TO REZONE THE PROPERTY LOCATED AT ABSTRACT NO. 22 UEL RICHEY SURVEY, TRACT 096 ALSO KNOWN AS 6521 INTERSTATE 10 FROM -INDUSTRIAL ZONING DISTRICT TO IDC-  INTERSTATE DEVELOPMENT CORRIDOR ZONING DISTRICT.  Public Hearing began at 9:09 a.m.  Mr. Knauf advised the City did not receive any opposition to the request from Mr. Khinda to rezone the property known as 6521 Interstate 10 from I-Industrial zoning district to IDC-Interstate  Development Corridor zoning district. There were no public comments. Public Hearing ended at 9:10 a.m.  CONDUCT A PUBLIC HEARING TO UPDATE THE CITIZENS ON THE CITY OF ORANGE, TEXAS FIVE-YEAR DROUGHT CONTINGENCY PLAN AS REQUIRED BY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ). (FIRST PUBLIC HEARING)  Public Hearing began at 9:10 a.m.  Mr. Jack presented a PowerPoint Presentation, "2024 Drought Contingency Plan Update". Acopy oft this Presentation is included in and being made a part of these minutes. He advised the only proposed change to the Plan is, botanical gardens and landscape nurseries will be considered Mayor Spears asked how much a new water tower would cost. Mr. Jack advised half a million  "commercial" to reduce the water restrictions upon their businesses.  dollars.  There were no public comments. Public Hearing ended at 9:18 a.m.    Regular Meeting ORDINANCES FIRST READING:  4  September 10, 2024  Items 8a and 8b on the agenda were moved to be considered after the Closed Executive Session. ORDINANCE AMENDING THE ADOPTED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2023 AND ENDING ON SEPTEMBER 30, 2024 IN ACCORDANCE WITH THE Mayor Pro-Tem Burch moved to approve the ordinance. Second to the motion was made by  CHARTER OF THE CITY OF ORANGE, TEXAS.  Council Member Chandler which carried with the following vote:  COUNCIL MEMBERS VOTING. AYE:  Mayor Spears, Mayor Pro-Tem Burch, Council Member Chandler, Council Member Childs, Council Member McKenna and Council Member Hennigan  COUNCIL MEMBERS VOTING NO:  None  FIRSTF READING:  ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE, TEXAS AMENDING THE CITY OF ORANGE OFFICIAL ZONING MAP, A PART OF CHAPTER 12 "PLANNING AND ZONING" OF THE: 2000REVISED CODE OF ORDINANCES OF THE CITY OF ORANGE, TEXAS BY CHANGING THE ZONING CLASSIFICATION OF ABSTRACT 22, UEL RICHEY SURVEY, TRACT096, ALSO KNOWNAS6521 INTERSTATE 10, ORANGE, TEXAS FROM -INDUSTRIAL ZONING DISTRICT TO IDC-INTERSTATE DEVELOPMENT CORRIDOR ZONING DISTRICT; FINDING THAT THIS ORDINANCE WILL BE IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF THE COMPREHENSIVE MASTER PLAN AND ZONING ORDINANCE; REPEALING ALL ORDINANCES IN CONFLICTWITHTHS ORDINANCE TO THE EXTENT OF SUCHCONFLICT,PROVIDINGASEVERABILTYCLAUSEPROVDINGANEFFECTIVEDATE: Council Member Hennigan moved to approve the ordinance. Second to the motion was made by  AND OTHER MATTERS.  Council Member McKenna which carried with the following vote:  COUNCIL MEMBERS VOTING AYE:  Mayor Spears, Mayor Pro-Tem Burch, Council Member Chandler, Council Member Childs, Council Member McKenna and Council Member Hennigan  COUNCIL MEMBERS VOTING NO:  None  RESOLUTIONS FIRST READING:  RESOLUTION APPROVING AN EDC INFRASTRUCTURE GRANT AGREEMENT WITH DUGOODCREDITUNION,68951H10EAST,ORANGE, TEXAS7763OINANAMOUNTNOTTO  EXCEED $150,000.    Regular Meeting  5  September 10, 2024  Mayor Pro-Tem Burch moved to approve the resolution. Second to the motion was made by  Council Member Chandler which carried with the following vote:  COUNCIL MEMBERS VOTING AYE: COUNCIL MEMBERS VOTING NO:  Mayor Spears, Mayor Pro-Tem Burch, Council Member Chandler, Council Member Childs, Council Member McKenna and Council Member Hennigan  None  RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE, TEXAS APPROVING A LOAN ASSUMPTION AND MODIFICATION AGREEMENT AND A SUBORDINATION AGREEMENT FOR THE ORANGE ARBOR PINES APARTMENT HOMES LOCATED IN ORANGE, TEXASI BY SALE FROM ORANGE. ARBORPINESAPARIMENTHOMES, ,L.P.TOTX Council Member Hennigan moved to approve ther resolution. Second to the motion was made by  ARBOR PINES, LLC.  Council Member McKenna which carried with the following vote:  COUNCIL MEMBERS VOTING AYE:  Mayor Spears, Mayor Pro-Tem Burch, Council Member Chandler, Council Member Childs, Council Member McKenna and Council Member Hennigan  COUNCIL MEMBERS VOTING NO:  None  A copy of this resolution is being made a part of these minutes as Resolution Number 2024-58. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE, TEXAS APPROVING A LOAN ASSUMPTION AND MODIFICATION AGREEMENT AND A SUBORDINATION AGREEMENT FOR THE ORANGE PALM GARDEN APARTMENT HOMES LOCATED IN ORANGE, TEXAS BY SALE FROM ORANGE PALM GARDEN APARTMENT HOMES, L.P. TO Mayor Pro-Tem Burch moved to approve the resolution. Second to the motion was made by  TX PALM GARDEN LLC.  Council Member Childs which carried with the following vote:  COUNCIL MEMBERS VOTING AYE: COUNCIL MEMBERS VOTING NO:  Mayor Spears, Mayor Pro-Tem Burch, Council Member Chandler, Council Member Childs, Council Member McKenna and Council Member Hennigan  None  A copy of this resolution is being made a part of these minutes as Resolution Number 2024-59. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE, TEXAS SUPPORTING SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION-METROPOLITAN PLANNING ORGANZATIONSIGSETRPCMPOJEFORTTOREDESOMITEANDEKOANDITSPLAMNNG AREA BOUNDARIES BY ACCEPTING JASPER COUNTY; AND PROVIDING FOR AN  EFFECTIVE DATE.    Regular Meeting  6  September 10, 2024  Council Member Childs moved to approve the resolution. Second to the motion was made by  Council Member McKenna which carried with the following vote:  COUNCIL MEMBERS VOTING AYE: COUNCIL MEMBERS VOTING NO:  Mayor Spears, Mayor Pro-Tem Burch, Council Member Chandler, Council Member Childs, Council Member McKenna and Council Member Hennigan  None  A copy of this resolution is being made a part of these minutes as Resolution Number 2024-60. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE, TEXAS AWARDING A CONTRACTTODUHONCONSTRUCTIONLLCINANAMOUNTNOTTOEXCEEDS75,150FOR THE PURCHASE AND INSTALLATION OF AN 80 KW, 3 PHASE 120/208 NATURAL GAS POWERED GENERATOR FOR CITY OFFICES LOCATED AT 303 N. 8TH STREET AND Council Member McKenna moved to approve the resolution. Second to the motion was made by  PROVIDING AN EFFECTIVE DATE.  Mayor Pro-Tem Burch which carried with the following vote:  COUNCIL MEMBERS VOTING AYE: COUNCIL MEMBERS VOTING NO:  Mayor Spears, Mayor Pro-Tem Burch, Council Member Chandler, Council Member Childs, Council Member McKenna and Council Member Hennigan  None  A copy of this resolution is being made a part of these minutes as Resolution Number 2024-61.  DISCUSSIONACTION  MOTION APPOINTING OR REAPPOINTING  TO THE PLANNING AND ZONING  COMMISSION FOR A TERM ENDING SEPTEMBER 10, 2026.  Mayor Spears movedi to appoint Joseph Angelle tot the Planning and Zoning Commission. Second to the motion was made by Council Member Hennigan which carried with the following vote:  COUNCIL MEMBERS VOTING AYE:  Mayor Spears, Mayor Pro-Tem Burch, Council Member Chandler, Council Member Childs, Council Member McKenna and Council Member Hennigan  COUNCIL MEMBERS VOTING NO: MOTION APPOINTING OR REAPPOINTING  None  TO THE PLANNING AND ZONING  COMMISSION FOR. A TERM ENDING SEPTEMBER 10, 2026.  Council Member Childs moved to re-appoint Michael Hennigan to the Planning and Zoning Commission. Secondt tot the motiony was made by Council Member Chandler which carried with the  following vote:    Regular Meeting  7  September 10, 2024  COUNCIL MEMBERS VOTING AYE:  Mayor Spears, Mayor Pro-Tem Burch, Council Member Chandler, Council Member Childs and  Council Member McKenna  COUNCIL MEMBERS VOTING NO:  None  Council Member Hennigan recused herself from any discussion and action taken on this item.  MOTION APPOINTING OR REAPPOINTING  TO THE PLANNING AND ZONING  COMMISSION FORAT TERM ENDING SEPTEMBER 10, 2026.  Council Member Hennigan moved to re-appoint Becky' Westmoreland tot the Planning and Zoning Commission. Second to the motion was made by Council Member Chandler which carried with  the following vote:  COUNCIL MEMBERS VOTING AYE: COUNCIL MEMBERS VOTING NO: MOTION APPOINTING OR REAPPOINTING  Mayor Spears, Mayor Pro-Tem Burch, Council Member Chandler, Council Member Childs, Council Member McKenna and Council Member Hennigan  None  TO THE PLANNING AND ZONING  COMMISSION FOR A TERM ENDING SEPTEMBER 10, 2026.  Mayor Spears movedt tore-appoint Jamie Wilson to the Planning and Zoning Commission. Second to the motion was made by Mayor Pro-Tem Burch which carried with the following vote:  COUNCIL MEMBERS VOTING AYE: COUNCIL MEMBERS VOTING NO: MOTIONAPPOINTING SEPTEMBER 10, 2026.  Mayor Spears, Mayor Pro-Tem Burch, Council Member Chandler, Council Member Childs, Council Member McKenna and Council Member Hennigan  None  TOTHECONVENTIONANDVISITORSBUREAUADVISORY  BOARD FOR A TWO-YEAR TERM, EFFECTIVE BEGINNING SEPTEMBER 10, 2024 - Mayor Pro-Tem Burch moved to appoint Kimberly Manning tot the Convention and' Visitors Bureau Advisory Board. Second tot the motion was made by Council Member Hennigan which carried with  the following vote:  COUNCIL MEMBERS VOTING AYE: COUNCIL MEMBERS VOTING NO:  Mayor Spears, Mayor Pro-Tem Burch, Council Member Chandler, Council Member Childs, Council Member McKenna and Council Member Hennigan  None  MOTION APPROVING ACKNOWLEDGMENT OF A LETTER OF NOTIFICATION FROM THE GOVERNOR'S OFFICE OF ECONOMICE DEVELOPMENTAWARDINGATEXASENTERPRISE    Regular Meeting  8  September 10, 2024  PROJECT DESIGNATION TO THE DOW CHEMICAL COMPANY, 2735 FARM TO MARKET ROAD 1006, ORANGE, TEXAS 77630 WITHA$50,000,000 CAPITAL INVESTMENT AND4 490 Council Member McKenna moved to approve the motion. Second to the motion was made by  JOBS RETAINED.  Mayor Pro-Tem Burch which carried with the following vote:  COUNCIL MEMBERS VOTING AYE: COUNCIL MEMBERS VOTING NO:  Mayor Spears, Mayor Pro-Tem Burch, Council Member Chandler, Council Member Childs, Council Member McKenna and Council Member Hennigan  None  MOTION ACKNOWLEDGING RECEIPT OF THE ORANGE ECONOMIC DEVELOPMENT Council Member Hennigan moved to approve the motion. Second to the motion was made by  CORPORATIONS PROPOSED BUDGET FOR FISCAL YEAR 2025. Council Member McKenna which carried with the following vote:  COUNCIL MEMBERS VOTING AYE:  Mayor Spears, Mayor Pro-Tem Burch, Council Member Chandler, Council Member Childs, Council Member McKenna and Council Member Hennigan  COUNCIL MEMBERS VOTING NO: CITY MANAGER REPORT  None  Mr. Kunst advised tomorrow is the anniversary of 9/11 (September 11, 2011). He challenged the  citizens to act as they did on September 12+h.  CITY COUNCIL REPORT  Council Member McKenna thanked all First Responders.  Mayor Pro-Tem Burch advised since tomorrow is 9/11 the Church of Christ at Ninth and Elm is serving! luncht tomorrowfrom 11:30a.m. until1:00p.m. for Councill Members and First Responders.  ADJOURN TO CLOSED EXECUTIVE SESSION  12. a)  Deliberation with City Attorney pursuant to Chapter 551 of the Texas Government (1) Deliberation with legal counsel pursuant to Texas Government Code, Section 551.071 - consultation on Collective Bargaining Agreement negotiations with the International Association of Firefighters, Local #1432.  Code:    Regular Meeting  9  September 10, 2024  The Council met in a closed executive session at 9:41 a.m.  RECONVENE IN OPEN SESSION  The Council reconvened in open session at 10:20 a.m. TAKE ACTION AS NECESSARY REGARDING 12a( (1).  No action was taken.  Items 8a and 8b were moved to this position on the agenda.  ORDINANCES FINAL READING:  ORDINANCE, ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER1,2024 AND ENDING ON SEPTEMBER 30, 2025 IN ACCORDANCE WITH THE CHARTER OF THE CITY OF ORANGE, TEXAS. (REQUIRES A RECORD VOTE) (FIRST READING SEPTEMBER Mayor Pro-Tem Burch moved to approve the ordinance. Second to the motion was made by  3,2024)  Council Member Hennigan which carried with the following vote:  COUNCIL MEMBERS VOTING AYE:  Mayor Spears, Mayor Pro-Tem Burch, Council Member Chandler, Council Member Childs, Council Member McKenna and Council Member Hennigan  COUNCIL MEMBERS VOTING NO:  None  A copy of this ordinance is being made a part of these minutes as Ordinance Number 2024-16. MOTION RATIFYING THAT THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER1 1, 2024 AND ENDING ON SEPTEMBER 30, 2025 WILL RAISE MORE TOTAL PROPERTY TAXES THAN LAST YEAR'S BUDGET BY AN AMOUNT OF $377,966, WHICH IS A 4.04% INCREASE FROMI LAST YEAR'S BUDGET. THE PROPERTYTAX REVENUE TO BE RAISED FROMI NEW Council Member Hennigan moved to approve the motion. Second to the motion was made by  PROPERTY ADDED TO THE TAX ROLL THIS YEAR IS $270,648. Council Member Chandler which carried with the following vote:  COUNCIL MEMBERS VOTING AYE:  Mayor Spears, Mayor Pro-Tem Burch, Council Member Chandler, Council Member Childs, Council Member McKenna and Council Member Hennigan  COUNCIL MEMBERS VOTING NO:  None    Regular Meeting FINAL READING:  10  September 10, 2024  ORDINANCEMAKINGATAXLEVYANDFIXING THE MAINTENANCEANDOPERATIONSTAX RATE, DEBT SERVICE TAX RATE AND TOTAL TAX RATE FOR THE CITY OF ORANGE, TEXAS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2024 AND ENDING SEPTEMBER 30, 2025, UPON ALL TAXABLE PROPERTY IN THE CITY OF ORANGE, TEXAS, ON. JANUARY 1, 2024 ACCORDING TO THE LAWS OF TEXAS, THE CHARTER PROVISIONS AND THE ORDINANCES OF THE CITY OF ORANGE, TEXAS, AND PROVIDING THAT THE SAIDTAXES MAKE THEFOLOWINGMOTION-IMOVETHATTHE PROPERIYTAXRATE BEI INCREASED BY THE ADOPTION OFATAXRATE OF90.797000/510, WHICHI IS EFFECTIVELYAN1STA INCREASE IN THE TAX RATE." (REQUIRES A RECORD VOTE) (FIRST READING  LEVIED SHALL BE COLLECTED.  SEPTEMBER 3, 2024)  Council Member Hennigan read the above motion.  Council Member Hennigan moved to approve the ordinance. Second to the motion was made by  Mayor Pro-Tem Burch which carried with the following vote:  COUNCIL MEMBERS VOTING AYE: COUNCIL MEMBERS VOTING NO:  Mayor Spears, Mayor Pro-Tem Burch, Council Member Chandler, Council Member Childs, Council Member McKenna and Council Member Hennigan  None  A copy of this ordinance is being made a part of these minutes as Ordinance Number 2024-17. Mayor Spears advised he would like to close the meeting with as statement. He thanked everyone who attended the meeting this morning. He thanked the First Responders and City staff, as the City continues to address the issues at hand. He advised the City should not have citizens come into Council Meetings and if someone has been on Council for a while, citizens should know who you are. Mayor Spears advised the only Council Member that citizens should not know is Council Member Chandler because he has only been on Council for at few months. He advised for citizens to come to Council Meetings and address issues in their neighborhood, and to not know which Council Member represents their district, is not acceptable. He advised with the City having to make budget cuts and having to be responsible and accountable to the Fire Department, Police Department and Staff team members, this needs to change and Council has to do better. He advised the City holds budget meetings and it is the responsibility for Council Members to attend. He advised if a Member can not attend the meetings, they need to notify Staff, but getting online and making articles and also talking about things has got to stop. He advised this is not helping your district. Mayor Spears advised by saying this, might upset some individuals, but he hopes they geti it because he is tired. He advised the City has work to do and that Council has individuals they represent and it is Council's job to attend the meetings. He thanked everyone who is doing  their job.  ADJOURNMENT  There being no further business before the Council, Mayor Spears moved to adjourn the meeting.    Regular Meeting  11  September 10, 2024  Second to the motion was made by Mayor Pro-Tem Burch which carried unanimously.  The meeting adjourned at 10:25 a.m.  Larry  Jr., Mayor  ATTEST: Patricia  Ch  EL Anderson, City Secretary