Page |300  CITY OF FORT STOCKTON, TEXAS  MINUTES OF: DATE OF MEETING: TIME OF MEETING: PLACE OF MEETING:  REGULAR CITY COUNCIL MEETING SEPTEMBER 9, 2024 5:30P PM  121 WEST SECOND STREET FORT STOCKTON, TX 79735  ROLL CALL WAS ANSWERED BY COUNCIL MEMBERS:  PRESENT: COUNCIL MEMBER DARREN HODGES, COUNCIL MEMBER PAUL JEROME CHAVEZ, MAYOR PAUL CASIAS, MAYOR PRO-TEM JAMES WARNOCK, COUNCIL MEMBER RUBENJBERNAL, COUNCIL MEMBER RUBEN FALCON,  CITY MANAGER: CITY SECRETARY: CITY ATTORNEY:  FRANK RODRIGUEZII MARINA CANTU PUJA BOINPALLY  Mayor Paul Casias called the Regular Meeting to Order at 5:33 p.m. after declaring a quorum  present.  Mayor Paul Casias read the Mission Statement:  "The Mission of the City of Fort Stockton Municipal Government is to Promote & Value Public Confidence and' Trust by the Accountable and Responsible Use ofCommunity Resources; to Ensure Public Safety; Improve Public Services; Promote Local Recreation and  Entertainment; and Generate Economic Development."  INVOCATION:  Council Member Darren Hodges gave the Invocation.  PLEDGES:  Council Member Ruben J. Bernal led the Pledge of Allegiance to the United States of America Flag  & the Pledge of Allegiance to the Texas Flag.  FUBLICTESTIMONY:  Nita Henderson of1407 N. Pecos Street, Fort Stockton, Texas advised City Council that she noticed no one from the public attended the last Public Hearing on the Proposed Tax Rate. She wanted to let Council know she cared about the Proposed Tax Increase. She discussed the personal impact of    Pagel 301  inflation, noting the necessity toj prioritize expenses when shopping due to rising prices. She mentioned the need to budget for property taxes to avoid penalties. She expressed her opposition to raising taxes, suggesting that current economic conditions are challenging, and that new state and federal laws exacerbate financial difficulties. She suggested finding alternative ways to manage costs rather than  increasing taxes. PRESENTATIONS:  1. Alex Gonzalez with BioCatters, LLC---- - Update on Blue Ridge Farms  Alex Gonzalez with BioCatters, LLC advised City Council of the Following:  OriginalLease:  Awarded to BioCatters, LLC on December 13, 2021.  The City awarded the bid not only for it being the high bidder, but was motivated by the proposals goal to create revenue opportunities that would help promote the growth for BioCatters proposed a shared profit model in which the City would be given up to 70% of the profits generated by BioCatters business opportunities. Revenue generated from the Although the City requested al longer-term lease, BioCatters asked for only a 36 month lease. Reason was "if we can't find something to improve revenue on the property by then, Original lease was executed on. January 10, 2022 but was extended to 42 months, to allow the previous lease holder to remove in-ground pipe and infrastructure. Moreover, in the spirit of collaboration and mutual trust, BioCatters gave the City an alternative; should BioCatters fail to identify revenue-generating projects within the original lease term, the City could move forward with solar and/or wind energy initiatives on their own. This was intended to ensure BioCatters would not hold the City back, though the option was never meant to be used as a way to exclude BioCatters  Fort Stockton.  property, less expenses would tabulate profits.  we will not want to keep the lease"  from the process. First Amended] Lease:  Per the requirements oft the Lease, BioCatters requested an Amendment to the Original Lease to allow a Cattle Rancher to have grazing rights on the property. The Amendment would allow for a Sub-Lease Agreement between the Cattle Rancher In lieu of payment, the Cattle Rancher would install two (2) solar pumps on the property for watering the grazing cattle. The value of the pumps was $20,000 ea. and would be  and BioCatters and would be for $15,000/year.    Page |302  credited to the grazing fees. The pumps and solar panels would then become the property The proposed Cattle Lease would extend the existing lease to February 28, 2028.  oft the Blue Ridge Farms.  City approved the Amended Lease on February 28, 2023.  Second Amended) Lease:  BioCatters secured a Water Purchase Agreement with Apex Clean Energy in which a The Second Amendment follows the language oft the Water Purchase Agreement and  Second Amendment to the Lease was requested.  extends the lease Thirty (30) years with two 10-year extensions. The Council approved the Second Amended Lease on May 13, 2024.  Summary:  BioCatters, LLCI has the lease on the Blue Ridge Farms for 30 years, expiring on May 13, 2054, with two 10-year extensions, potentially extending the lease until 2074. Water wells audited and records submitted tol RCGCD & MPGCD. All wells Met with Forge Energy and Battalion. Discussion is ongoing for enforcement of the Coordinated Agreement with Forge/Waterbnidgeciy to transfer produced water ownership to Waterbridge. Discussion with Waterbridge for Produced Water Recycle. Met with various solar energy companies to introduce the Blue Ridge property and gauge  Blue Ridge Farms - Year in Review 2022:  registered.  Surface Use. Agreements (SUA's). Road and Gate maintenance is being scheduled.  interest in developing a new solar farm. Letter of Intent with Vault Energy Solar Interest. Met with Priority Power to discuss Load Study on property.  Blue Ridge Farms - Year in Review 2023:  Submitted Grid Resilience (GRIP) Concept Paper (included EDC in confidential Signed MOU and reviewed LOI and met with Adakon to build solar field toj power Discussion with AC Digital Corp to consider solar/battery options on Blue Ridge. Met with NovaSpark Hydrogen Development Team for options on Blue Ridge. Discussion with Pecos Inter-tie to discuss Grid United extension on the Blue Ridge.  information)  BitCoin mining operation.    Page1303  Signed MOU with Rhino ONWARD to consider solar field to power Hydrogen Attend Hydrogen shows throughout the country to encourage Hydrogen Development on Met with Hydrogen Hub companies at State Capital to encourage development on Blue Introduced City Management to Apex Clean Energy and the possibility oftheir  Development. Blue Ridge. Ridge.  Hydrogen Development.  Blue Ridge Farms - Year in Review 2024:  Began Solar and Water Studies for Apex Clean Energy on Blue Ridge. City was Signed Letter of Intent with High Road Clean Energy for Solar Farm on Blue Ridge- Discussed potential of moving Hydrogen Pipeline from East Pecos County tol Blue  notified. Apex final COD. Ridge Farms.  Introduced Apex Clean Energy team to City Council.  Executed Water Purchase Agreement with Apex Clean Energy. Attended meeting with Apex in corporate HQ. Expanded on solar options.  City assigned Robbie Dominguez as the liaison for the City on the Blue Ridge Farms. Met with Ray Durham about potential farming options. Explained all work had to be approved before farming could begin. Mr. Durham plowed the field without anyone's knowledge. He was told to move forward in case there was an opportunity to get something in the ground. There is no agreement for Mr. Durham. Hej put furrows and seeded it. A: shared crop sublease would solve this issue; however, it would need to be done today in order to get the crops planted in time. In order to solve this problem, they will farm the property as BioCatters Farming. Mr. Durham's team will get paid as employees ofl BioCatters. Submitted proposal for Solar Agreement for Apex through High Road Clean Energy.  City took no action.  - City signed agreement with Titus for solar on. Blue Ridge.  History of the Lease: $12,000/year.  Under previous lease holders, the City of Fort Stockton was receiving al lease payment of Under the current lease holder, BioCatters, LLC, the Blue Ridge Farms has successfully executed a Water Purchase Agreement with Apex Clean Energy for  $7,300,000/year.    Page.1 1304  Pert the original agreement with the City, BioCatters will pay the City up to 70% oft the profits on this agreement. over the. 50-year lease, the City could see payments in excess of BioCatters presented a solar proposal for Council to consider. It was clearly explained that the solar proposal was directly linked to the Hydrogen Pipeline being developed by Apex Clen Energy and failure to approve the solar proposal could jeopardize Hydrogen growth. BioCatters also explained that revenues from Hydrogen development could be significantly more than water revenues. The City turned down the Apex solar option and Clause 4.4 reads, It is expressly understood and agreed that Lessor reserves unto itself; its successors and assigns, all oft the solar and wind energy rights in and to the land, however, Lessee may inform the Lessor of potential opportunities where Lessor and Lessee shall join together to execute solar and wind energy leases and/or easements. All consideration paid for such leases and easements shall be shared according to section 3.3 He explained BioCatters has a lease that allows the City to do Solar and Wind Projects while BioCatters is the lease holder. There are no other options for the city while BioCatters is the lease holder; however, he understands that the City has an agreement City Manager Frank Rodriguez II clarified that the City apprised BioCatters ofthe He stated the City also apprised BioCatters oft the farming occurring on the property without a lease. He inquired who gave Mr. Durham permission to farm on the property. Alex Gonzalez ofl BioCatters, LLC: stated Mr. Durham chose to farm the land on his  $400,000,000.  chose a solar option presented by Titus LCV.  oft this Agreement.  that includes the other options.  Cattle grazing on the land without al lease.  own, he was not given permission.  Mayor Paul Casias recessed from the Regular Meeting to Convene into the Public Hearing at 5:50  p.m.  PUBLICI HEARING FOR BUDGET & TAX RATE:  2. PUBLICHEARING: On the Proposed 2024-2025 Budget & Tax Rate which will Raise More Total Property Taxes than Last Year's Budget by $127,884.00 (8.91%) and of that amount $14,946.93 is Tax Revenue to be Raised from New Property added to the Tax Roll  this Year. (City Mgr./Dir. ofFin.)    Pagel 1305  Director of] Finance Maria Rodriguez explained she updated the proposed budget to reflect the year-to date actuals of August 21, 2024. She advised everyone that the proposed tax rate for this  budget was $0.3096.  Mayor Paul Casias closed the Public Hearing to Reconvene into the Regular Meeting at 5:51 p.m.  ORDINANCES FOR BUDGET & TAX RATE:  3. Discuss/Act upon Ordinance No. 24-117,Approving and Adopting the City of Fort Stockton, Texas, Budget for the Fiscal Year 2024-2025; Making Appropriations for the City for said Fiscal Year as Reflected in said Budget; And Making Certain Findings and Containing Certain  Provisions Relating to the Subject. (City Mgr./Dir. of] Fin.)  Director ofl Finance Maria Rodriguez explained this is the Ordinance to approve the budget as Council Member Darren Hodges inquired ifthey adopt the budget and ratify it could they adopt al lower tax rate? If they do adopt al lower tax rate, would they have to adjust the budget in  presented for 2024-2025.  some other way? Could this be done?  City Manager Frank Rodriguez III responded it could be done.  Motion was made by Council Member Paul Jerome Chavez, seconded by Council Member Ruben J Bernal to approve Ordinance No. 24-117,Approving: and Adopting the City of Fort Stockton, Texas, Budget for the Fiscal Year 2024-2025; Making Appropriations for the City for said Fiscal Year as Reflected in said Budget; And Making Certain Findings  and Containing Certain Provisions Relating to the Subject.  Council Member Darren Hodges-Aye Council Member Paul Jerome Chavez-Aye Mayor Paul Casias-Aye Mayor Pro-Tem James Warnock-Aye Council Member Ruben JI Bernal-Aye Council Member Ruben Falcon-Aye The motion passed unanimously.  Motion was made by Council Member Ruben J. Bernal, seconded by Council Member Paul Jerome Chavez to ratify that this Budget will raise more revenue from property taxes than last year's budget by an amount of$127,884.00, which is a (8.91%)i increase from last    Page 1306  year's budget. Thej property tax revenue to be raised from new property added to the tax  roll this year is $14,946.93. Council Member Darren Hodges-Aye Council Member Paul. Jerome Chavez-Aye Mayor Paul Casias-Aye Mayor Pro-Tem James Warnock-Aye Council Member Ruben J Bernal-Aye Council Member Ruben Falcon-Aye The motion passed unanimously.  4. Discuss/Act upon Ordinance No. 24-118, An Ordinançe Levying Taxes for the Use and Support oft the Municipal Government oft the City ofl Fort Stockton, Pecos County, Texas; Providing for the Interest and Sinking Fund & Apportioning Each Levy for a Specific Purpose for Fiscal Year Director of Finance Maria Rodriguez explained this is the Ordinance to approve the tax rate of $0.3096, making your M&O at $0.1483 and your I&S at $0.1613. Motion was made by Council Member Ruben J Bernal, seconded by Council Member Paul Jerome Chavez to approve Ordinance No. 24-118, An Ordinance Levying Taxes for the Use and Support of thel Municipal Government of the City of Fort Stockton, Pecos County, Texas; Providing for the Interest and Sinking Fund & Apportioning Each Levy for a Specific Purpose for Fiscal Year 2024-2025 & Providing for Approval of Ordinance.  2024-2025 & Providing for Approval of Ordinance. (City Mgr./Dir.o ofFin.)  Council Member Paul Jerome Chavez-Aye Mayor Paul Casias-Aye Mayor Pro-Tem James Warnock-Aye Council Member Ruben J Bernal-Aye Council Member Darren Hodges-Nay Council Member Ruben Falcon-Nay The Motion Passed.  Motion was made by Council Member PaulJerome Chavez, seconded by Council Member Ruben J Bernal to Move that the Property Tax Rate be Increased by the Adoption of a Tax Rate of$0.3096 which is Effectively an 8.91% Increase in the Tax  Rate.  Council Member Paul Jerome Chavez-Aye Mayor Paul Casias-Aye Mayor Pro-Tem James Warnock-Aye Council Member Ruben J Bernal-Aye    Page 1307  Council Member Darren Hodges-Nay Council Member Ruben Falcon-Nay The Motion Passed.  Mayor Paul Casias Recessed the Regular Meeting to Convene into the Public Hearing at 6:00 p.m.  PUBLIC HEARING FOR SPECIFIC-USE PERMIT:  5. PUBLIC HEARING: Application Request from Property Owner Edward Anthony Urias to Consider a Specific-Use Permit for Placement of a Manufactured Mobile Home in a One-Family Dwelling District 4 (SF-4) located on the South Thirty Feet ofLot Three (S 30' of3) and North Thirty Feet ofLot Four (S30' of4), Block Two Hundred Thirty-Six (236), ORIENT ADDITION, Fort Stockton, Pecos County, Texas & More Particularly Described as being Adjacent to Fort Street; this being in Accordance with Sections 7(1), 7(2) & 7(16) of the Zoning City Secretary Marina Cantu explained there was previously a mobile home on the property that wasi removed. Thej property owneri is now requesting permission toj place a newi mobile home on the property. This request has been reviewed by the Planning & Zoning Commission, who recommended approving the request. Required notices were sent out to property owners located within 200 feet of the request. Furthermore, notice of the public hearing was published in the local newspaper. The City has not received any feedback concerning the request. Building Official Roy Mendoza advised City Council the setbacks have been reviewed and  Ordinance. (City Sec./Bldg. Offi.)  they meet the requirements.  Mayor Paul Casias closed the Public Hearing to Reconvene into the Regular Meeting at 6:01 p.m.  ORDINANCE FOR SPECIFIC-USE PERMIT:  6. Discuss/Act upon Ordinance No. 24-119, An Ordinance oft the City of] Fort Stockton, Texas, Allowing for the Placement ofal Manufactured Mobile Home by Specific-Use Permit in a One- Family Dwelling District 4 (SF-4) located on the South Thirty Feet ofLot Three (S30' of3) and North Thirty Feet ofLot Four (N30' of4), Block Two Hundred Thirty-Six (236), ORIENT ADDITION, Fort Stockton, Pecos County, Texas & More Particularly described as being adjacent to Fort Street; this being in Accordance with Sections 7(1), 7(2) & 7(16) oft the. Zoning Ordinance & Providing for an Effective Date Provision. (City Sec./Bldg. Offl.)    Pagel 1308  Motion was made by Council Member Ruben Falcon, seconded by Council Member Ruben JI Bernal, and carried unanimously to approve Ordinance No. 24-119, An Ordinance of the City ofl Fort Stockton, Texas, Allowing for the Placement ofa Manufactured Mobile Home by Specific-Use Permit in a One-Family Dwelling District 4 (SF-4) located on the South Thirty Feet of] Lot Three (S 30' of3) and North Thirty Feet of Lot Four (N30' of4), Block Two Hundred Thirty-Six (236), ORIENT ADDITION, Fort Stockton, Pecos County, Texas & More Particularly described as being adjacent to Fort Street; this being in Accordance with Sections 7(1), 7(2) & 7(16) of the Zoning Ordinance & Providing for an Effective Date Provision. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Paul Casias, Mayor Pro-Tem James Warnock, Council Member Ruben J Bernal, Council Member Ruben Falcon voted aye.  RESOLUTION:  7. Discuss/Act upon Resolution No. 24-116R, A Resolution Authorizing the City ofFort Stockton to File a Grant Application with Apache Corporation for the Apache Corporation Administrative Assistant Sheila Lehnert explained this is a Tree Grant that the Keep Historic Fort Stockton Beautiful Board received last year. There were 150 trees received. Some were given away while others were planted at the Cemetery. The Tree Grant is being offered Motion was made by Council Member Paul Jerome Chavez, seconded by Mayor Pro- Tem James Warnock, and carried unanimously to approve Resolution No. 24-116R, A Resolution Authorizing the City of Fort Stockton to File a Grant Application with Apache Corporation for the Apache Corporation Tree Grant Program. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Paul Casias, Mayor Pro- Tem James Warnock, Council Member Ruben J Bernal, Council Member Ruben Falcon  Tree Grant Program. (Admin. Asst. to City Sec.)  again this year.  voted aye. CONSENT AGENDA:  8. All matters listed are considered to be routine by the City Council and will be enacted by one motion. Ifdiscussion is desired, that item will be removed from the Consent Agenda and  considered separately. Minutes: (Mayor)    Pagel 1309  Regular Meeting Minutes ofl Fort Stockton City Council, 08/26/2024 Regular Meeting Minutes ofl Fort Stockton Planning & Zoning  Commission, 07/17/2024  Regular Meeting Minutes of] Economic Development 4-A Corporation, 07/18/2024 Regular Meeting Minutes of] Economic Development 4-B Corporation, 07/18/2024 Special Meeting Minutes of Fort Stockton Historical Landmark Commission, Regular Meeting Minutes of Keep Historic Fort Stockton Beautiful Board,  08/07/2024 06/05/2024  Accounts Payable Grand Total: $611,050.50  Motion was made by Mayor Pro-Tem James Warnock, seconded by Council Member Ruben J Bernal, and carried unanimously to approve the Consent Agenda, as presented. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Paul Casias, Mayor Pro-Tem James Warnock, Council Member Ruben J Bernal, Council  Member Ruben Falcon voted aye.  REGULAR BUSINESS:  9. Discuss/Act upon. Holidays Observed by the City of Fort Stockton Personnel. (H.R.  Dir./City Mgr.)  Council Member Ruben J. Bernal explained that City employees work hard year-round tol keep everything operating. He recommended giving the employees two additional days off. City Manager Frank Rodriguez III stated during the holidays the City operates with a skeleton crew in order to avoid interrupted services. In fact, cut-offs are: not conducted until Mayor Paul Casias identified the two additional days as December 27, 2024 and July 7,  after the holidays.  2025.  Motion was made by Mayor Pro-Tem James Warnock, seconded by Council Member Ruben J Bernal, and carried unanimously to approve the Holiday Schedule, as presented. Council Member Darren Hodges, Council Member Paul Jerome Chavez,    Pagel 1310  Mayor Paul Casias, Mayor Pro-Tem James Warnock, Council Member Ruben JI Bernal, 10. Discuss/Act upon Accepting, Approving & Executing a' Tax Abatement with BRP Avila BESS, LLCI located in the Lancium Clean Campus Reinvestment Zone under the Provisions ofTexas' Tax Code 312 et seq., and Accepting a $1,000.00 Payment to the City of Fort Stockton to Cover Local Administrative Costs association with processing the Application. (EDC Dir.) Economic Development Corporation Executive Director Remie Ramos introduced Mike Fry of KE Andrews Consulting Firm representing Avila BESS, LLC. Economic Development Corporation Executive Director Remie Ramos explained the proposed tax abatement for aj project that would bring in a 1601 MW Battery Storage Facility. BESS stands for Battery Energy Storage System. The project would be located on the Lancium Clean Energy Reinvestment Zone previously created. In the past 2 years 6 oft these have been built. These batteries are used to balance the grid. They harness the power that is generated during the day for nighttime grid balancing. Thej project is proposing and requesting a tax abatement that would generate $48,000.00 a year ini taxes for the city and would continue for the 10-year lifespan oft the abatement, followed by a continual basis of $50,960.00. This would be a long-term income Council Member Darren Hodges inquired ifthis project would yield any employees. Economic Development Corporation Executive Director Remie Ramos explained the Battery Storage Facilities are very self-manned. However, he explained that KE. Andrews has historically, done an extensive local outreach plan during their construction phase to facilitate as much labor and or materials locally. During the construction phase an influx of employees  Council Member Ruben Falcon voted aye.  the City could secure.  could be seen.  The project is for a 160 MW facility, $306 per MW.  Council Member Ruben Falcon inquired ift the project would not provide. jobs for  employees, what benefits would it provide for the City.  Economic Development Corporation Executive Director Remie Ramos explained the closer the Battery Storage Station Facility is located to the substation, the less issues they are like to experience. Ift they are located in the City Limits the City would generate income, otherwise they would build their facility in the County and the City would not receive anything. Council Member Ruben Falcon inquired ift the City could request a special one-time  payment, 50% of the pilot of the 1st year.    Page 1311  Economic Development Corporation Executive Director Remie Ramos asked Mike Fry of KE. Andrews Consulting Firm if Avila BESS, LLC would be willing to pay this special one-  time payment.  Mike Fry of] KE. Andrews Consulting Firm explained that would be part oft the negotiations if Motion was made by Council Member Ruben Falcon, seconded by Council Member Paul Jerome Chavez, and carried unanimously to Accept, Approve & Execute a Tax Abatement with BRP Avila BESS, LLC located in the Lancium Clean Campus Reinvestment Zone under the Provisions ofTexas Tax Code 312 et seq., and Accepting a $1,000.00 Payment to the City of Fort Stockton to Cover Local Administrative Costs association with processing the Application toi include the request of a special one-time payment of 50% of the pilot year 1. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Paul Casias, Mayor Pro-Tem James Warnock, Council Member Ruben JI Bernal, Council  it was ini the best interest ofboth parties.  Member Ruben Falcon voted aye.  11. Discuss/Act upon Request for Proposals for the Removal and Replacement of the Second and  Oklahoma Streets Waterline Project. (Asst. City Mgr.)  Assistant City Manager Jesse Gonzales, Jr. explained this RFP would be for the removal  and replacement of approximately 900 ft. of waterline. Mayor Paul Casias inquired how many streets would be affected.  Assistant City Manager Jesse Gonzales, Jr. responded it would include 2nd Street to 5th Motion was made by Council Member Ruben J Bernal, seconded by Mayor Pro-Tem James Warnock, and carried unanimously to approve the Request for Solicitation of Proposals for the Removal and Replacement of the Second and Oklahoma Streets Waterline Project. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Paul Casias, Mayor Pro-Tem James Warnock, Council Member Ruben J 12. Discuss/Act upon Repairs and Renovation ofCity Streets through Little Regina Trucking, LLC with the Interlocal Purchasing System (TIPS)Purchasing Cooperative, Contract No. 23060202  Street and Oklahoma Street to Railroad Avenue.  Bernal, Council Member Ruben Falcon voted aye.  totaling $89,033.14. (City Mgr./Dir. of] Fin.)    Page312  City Manager Frank Rodriguez III explained this payment is for the paving of Kansas  Street, Oklahoma Street & Texas Street.  Motion was made by Council Member Paul Jerome Chavez, seconded by Council Member Ruben J Bernal, and carried unanimously to approve Repairs and Renovation of City Streets through Little Regina Trucking, LLCwith the Interlocal Purchasing System (TIPS) Purchasing Cooperative, Contract No. 23060202 totaling $89,033.14. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Paul Casias, Mayor Pro-Tem James Warnock, Council Member Ruben J Bernal, Council Member 13. Discuss/Act upon Pay Application No. 3 totaling $90,000.00 for the Landfill Cover for the Old Landfill located at 3400 Stone Road, Fort Stockton, Texas 79735 through Little Regina Trucking, LLC with the Interlocal Purchasing System (TIPS) Purchasing Cooperative, Contract No. City Manager Frank Rodriguez III explained City Engineer Raul Rodriguez has made weekly trips to the landfill to verify the work that has been done. The City Engineer has  Ruben Falcon voted aye.  23060202 Pavement and Other Related Services (JOC)( (City Mgr.)  authorized the payment for Pay Application No. 3.  Council Member Ruben J. Bernal inquired ift this was the final payment.  City Manager Frank Rodriguez III responded this was not the final payment, there would be others. Furthermore, he explained he authorized a 90-day extension due to the weather and delayed survey. He advised City Council we are still within the TCEQ timeline. Motion was made by Council Member Ruben Falcon, seconded by Council Member Ruben J Bernal, and carried unanimously to approve Pay Application No. 31 totaling $90,000.00 for the Landfill Cover for the Old Landfill located at 3400 Stone Road, Fort Stockton, Texas 79735 through Little Regina Trucking, LLC with the Interlocal Purchasing System (TIPS) Purchasing Cooperative, Contract No. 23060202 Pavement and Other Related Services (JOC). Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Paul Casias, Mayor Pro-Tem James Warnock, Council Member  Ruben J Bernal, Council Member Ruben Falcon voted aye.  14. Discuss/Act upon Accepting a $7,000.00 Donation from Eagleclaw Midstream for the Fort  Stockton Police Department. (City Mgr.)    Page_1313  Council Member Ruben J. Bernal explained his employer Eagleclaw Midstream also known as Kinetik, LLCI hosts a golf tournament (Holes for Heroes), raises funds and makes monetary donations to all local Law Enforcement. They donate to Reeves County, Pecos County, Winkler County, Ward County and all the surrounding areas that their employees live. The donation is from the Eagleclaw Midstream EagleNest Foundation and will go to the Fort Stockton Police Motion was made by Council Member Ruben Falcon, seconded by Council Member Paul Jerome Chavez, and carried unanimously to Accept a $7,000.00 Donation from Eagleclaw Midstream (EagleNest Foundation) for the Fort Stockton Police Department. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Paul Casias, Mayor Pro-Tem James Warnock, Council Member Ruben J Bernal, Council Member 15. Discuss/Act upon Accepting a $1,000.00 Donation from Joel Espino State Farm, a $1,000.00 Donation from Pecos County State Bank & a $1,000.00 Donation from Triple R Welding, LLC to the Convention & Visitor's Bureau for the Fall Festival Event to be held on November 1,  Department.  Ruben Falcon voted aye.  2024. (City Mgr.)  City Manager Frank Rodriguez III read a statement from Convention and Visitor's Bureau Director Cindy Sanchez, "On behalfo of the City of Fort Stockton's Convention and Visitors Bureau, we would like to extend our heartfelt thanks to Joe's Place Cantina, Triple R Welding, LLC and Pecos County State Bank for the generous sponsorship of our event.  Their support plays a vital role in making our Fall Fest possible, and we're truly grateful for their commitment to our community. Thank you for being a valued partner." He explained CVB Director Cindy Sanchez visited these businesses and was given these  donations for the Fall Fest.  Motion was made by Council Member Ruben J Bernal, seconded by Mayor Pro-Tem James Warnock, and carried unanimously to Accept a $1,000.00 Donation from Joe Espino State Farm (Joe's Place Cantina), a $1,000.00 Donation from Pecos County State Bank & a $1,000.00 Donation from Triple R Welding, LLC to the Convention & Visitor's Bureau for the Fall Festival Event to be held on November 1, 2024. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Paul Casias, Mayor Pro-Tem James Warnock, Council Member Ruben J Bernal, Council Member Ruben Falcon voted aye.    Page1314  16. Discuss/Act upon Designating a Date for the First Regular City Council Meeting for the  Month of October. (City Mgr.)  City Manager Frank Rodriguez III explained October 14, 2024 is a holiday sO several people may be out oft town; therefore, he requested permission to designate October 15, 2024 as the Motion was made by Council Member Ruben Falcon, seconded by Council Member Ruben J Bernal, and carried unanimously to Designate October 15, 2024 as the First Regular City Council Meeting for the Month ofOctober. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Paul Casias, Mayor Pro-Tem James Warnock, Council Member Ruben J Bernal, Council Member Ruben Falcon  First Regular City Council Meeting for the month ofOctober.  voted aye.  Mayor Paul Casias Recessed from the Regular Meeting to Convene into the Executive Session at 6:22  p.m.  EXECUTIVE SESSION:  17. City Council may Convene in Closed Session in Accordance with Texas Open Meetings Act, Texas Government Code, Concerning Attorney-Client Matters (Section 551.071); Deliberation regarding Real Property (Section 551.072); Deliberation regarding Prospective Gifts (Section 551.073); Personnel Matters (Section 551.074); Deliberation regarding Security Devices (Section 551.076) and/or Deliberation Regarding Economic a. Consultation with City Attorney Puja Boinpally regarding pending or contemplating  Development Negotiations (Section 551.087):  litigation  Mayor Paul Casias Closed the Executive Session to Reconvene into the Regular Meeting at 6:34 p.m.  REGULAR BUSINESS CONTINUED:  18. Reconvene into Open Session Pursuant to Texas Government Code Section 551.102 & Take 17a. Discuss/Act upon Consultation with City Attorney Puja Boinpally regarding pending or  Action, if any, on Matters Deliberated in Executive Session:  contemplating litigation NO ACTION TAKEN 19. Questions from Media    Pagel 1315  There were no questions from the Media.  20. Adjourn  Mayor Paul Casias Adjourned the Regular City Council Meeting at 6:34 p.m.  PauCara Paul Casias, Mayor  TTEST:  wvl  Marina A. Cantu, City Secretary