Page/225  CITY OF FORT STOCKTON, TEXAS  MINUTES OF: DATE OF MEETING: TIME OF MEETING: PLACE OF MEETING:  REGULAR CITY COUNCIL MEETING  JUNE 12, 2023 5:30PM  121 WEST SECOND STREET FORT STOCKTON, TX79735  ROLL CALL WAS ANSWERED BY COUNCIL MEMBERS:  PRESENT: DARREN HODGES, JAMES WARNOCK, JOE CHRIS ALEXANDER, RUBEN  JBERNAL, PAUL. JEROME CHAVEZ ABSENT: RUBEN FALCON CITY MANAGER: CITY SECRETARY: CITY ATTORNEY: quorum present.  FRANK RODRIGUEZ III MARINA CANTU PUJA BOINPALLY  Mayor Joe Chris Alexander called the Regular Meeting to Order at 5:33 p.m. after declaring a  Mayor Joe Chris Alexander 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 of Community Resources; to Ensure Public Safety; Improve Public Services; Promote Local Recreation and  Entertainment; and Generate Economic Development. Council Member Darren Hodges gave the Invocation. & the Pledge of Allegiance to the Texas Flag.  Mayor Pro-Tem James Warnock led the Pledge of Allegiance to the United States of America Flag  PRESENTATIONS:  1. ChiefofP Police Ernesto Velasquez with Fort Stockton Police Department--  STATISTICS FOR MAY2023    Page 226  May Calls for Service Total Calls for Service: 1,527 FSPD Calls: 970 FSPD Calls: 14 City:6 County: 8 PCEMS Calls: 163 PCSO Calls: 378  May Traffic Statistics Traffic Stops: 270 City: 161 Other Agency: 109 Traffic Citations Issued: 16 Motor Vehicle Accidents: 59  City:30 Other Agency: 29  May Cases Filed for Prosecution: Juvenile Probation: 2 County Attorney: 25 83rd District Attorney: 27    Page1227  112th District Attorney: 31  May Arrest Statistics: Total Arrests: 23 Charges: Assault: 0 Burglary: 0 Criminal Mischief: 1 Criminal Trespass: 2 Disorderly Conduct: 0 Duty on Striking: 0 Driving While Intoxicated: 4 Driving While License Invalid: 0 Evading Arrest: 0 Failure to ID:0 Family Violence: 0 Murder: 0  Outstanding Warrant: 11 Possession of Controlled Substance: 4 Possession of Marijuana: 1 Public Intoxication: 2 Racing: 0    Page [228  Resisting Arrest: 2 Sexual Assault: 0 Smuggling ofPersons: 0 Terroristic Threat: 0 Theft: 1  Undocumented Migrants: 0 Unlawful Carry: 1  STATISTICS FOR YEAR TO: DATE Year To Date Calls for Service Total Calls for Service: 5,497 FSPD Calls: 3,418 FSPD Calls: 69 City: 8 County: 47 PCEMS Calls: 830 PCSO Calls: 1,390  Year To Date Traffic Statistics Traffic Stops: 1,587 City:9 935 Other Agency: 652 Traffic Citations Issued: 63    Page1229  Motor Vehicle Accidents: 270  City: 149 Other Agency: 121  Year To Date Cases Filed for Prosecution:  Juvenile Probation: 11 County Attorney: 135 83rd District Attorney: 129 112th District Attorney: 37  Year To Date ArrestStatistics: Total Arrests: 113 Charges:  Assault: 2 Burglary: 2 Criminal Mischief: 4 Criminal Trespass: 9 Disorderly Conduct: 1 Duty on Striking: 6 Driving While Intoxicated: 10 Driving While License Invalid: 3 Evading Arrest: 2 Failure to ID:2 Family Violence: 7 Murder: 0 Outstanding Warrant: 109 Possession of Controlled Substance: 25    Page1230  - Possession of Marijuana: 6 o Public Intoxication: 8 o Racing: 2 Resisting Arrest: 3 o Sexual Assault: 1 o Smuggling of Persons: 8 o Terroristic Threat: 1 o Theft: 4 o Undocumented Migrants: 3 o Unlawful Carry:3  ORDINANCES:  2. Discuss/Act upon Ordinance No. 23-109, An Ordinance Amending Chapter 24 oft the Code of Ordinançes oft the City of Fort Stockton Titled Utilities*, Article III. Service Rates and Charges, Division 3. Deposits, Section 24-66. Deposits for Water and Gas Meters; Temporary Disconnect Policy and Transfer Fee and Repealing all Other Ordinances or Portions Thereofin Conflict, A Severability Clause and Providing for an Effective Date.  (City Mgr.)  Assistant City Manager Jesse Gonzales explained this Ordinance would allow for a lower deposit rate for customers who have three or more commercial açcounts under the same  business name and have established a good payment history. He further explained that City Council would set the deposit rate.  Motion was made by Council Member Darren Hodges, seconded by Council Member Ruben J Bernal, and carried unanimously to approve Ordinance No. 23-109, An Ordinance Amending Chapter 24 oft the Code of Ordinances of the City ofFort Stockton Titled Utilities*, Article III. Service Rates and Charges, Division 3. Deposits, Section 24-66. Deposits for Water and Gas Meters; Temporary Disconnect Policy and' Transfer Fee and Repealing all Other Ordinances or Portions Thereofin Conflict, A Severability Clause and Providing for an Effective Date, as presented with a $50.00 deposit rate. Council Member Darren Hodges, Council Member James Warnock, Mayor Joe Chris Alexander, Council Member Ruben J Bernal, Council  Member Paul Jerome Chavez voted aye.    Pagel 1231  CONSENT AGENDA:  3. All matters listed are considered to be routine by the City Council and will be enacted by one motion. If discussion is desired, that item will be removed from the Consent Agenda and  considered separately. Minutes: (Mayor)  Regular Meeting Minutes ofFort Stockton City Council, 05/22/2023 Regular Meeting Minutes ofHousing Authority Board, 04/20/2023 Regular Meeting Minutes of Substandard Building Committee, 05/04/2023  Accounts Payable Grand Total:  $426,957.27  City Secretary Marina Cantu advised City Council that the payment for Directbytes LLC and the payment for Fort Stockton Body Shop would need to be removed from the Motion was made by Council Member Darren Hodges, seconded by Council Member James Warnock, and carried unanimously to Remove the Payment to Direct Bytes LLC in the Amount of $840 and the Payment to Fort Stockton Body Shop in the Amount of $6,760.13, Approving the Remaining Consent Agenda. Council Member Darren Hodges, Council Member James Warnock, Mayor. Joe Chris Alexander, Council Member Ruben J Bernal, Council Member. Paul. Jerome Chavez voted aye. Motion was made by Council Member Darren Hodges, seconded by Council Member Ruben J Bernal, and passed to approve the Payment to Directbytes LLC in the amount of $840. Council Member Darren Hodges, Council Member James Warnock, Council Member Ruben J Bernal, Council Member Paul Jerome Chavez voted aye. Mayor Joe Chris Alexander abstained from the Motion. Motion was made by Council Member Darren Hodges, seconded by Council Member Ruben J Bernal, and passed to approve the Payment to Fort Stockton Body Shop in the amount of $6,760.13. Council Member Darren Hodges, Council Member James Warnock, Mayor Joe Chris Alexander, Council Member Ruben J Bernal voted aye.  Consent Agenda and acted upon separately.  Council Member Paul Jerome Chavez abstained from the Motion.    Page |232  REGULAR BUSINESS:  4. Discuss/Act upon Electing the Mayor Pro-Tem for 2023-2024. (Mayor)  Motion was made by Council Member Darren Hodges, seconded by Council Member Paul Jerome Chavez, and carried unanimously to Elect James Warnock as Mayor Pro-Tem for 2023-2024. Council Member Darren Hodges, Council Member James Warnock, Mayor Joe Chris Alexander, Council Member Ruben J Bernal, Council  Member Paul Jerome Chavez voted aye.  Mayor Joe Chris Alexander explained Items 5-7 would be skipped for now. 8. Discuss/Act upon Bid for Belding Water Well #6 Replacement. Bids Submitted:  Hydro Resources Mid-Continent, Inc. (R.O. Plant Sup.)  Assistant City Manager Jesse Gonzales recommended that City Council reject this bid as it came in much higher than anticipated and they do not have anything else to compare it to. Motion was made by Council Member Ruben J Bernal, seconded by Council Mayor Pro-Tem James Warnock, and carried unanimously to Reject the Bid submitted from Hydro Resources Mid-Continent for the Belding Water Well #6 Replacement. Council Member Darren Hodges, Mayor Pro-Tem James Warnock, Mayor Joe Chris Alexander, Council Member Ruben J Bernal, Council Member Paul Jerome Chavez  voted aye.  9. Discuss/Act upon Awarding Bid for Audio System at the City of Fort Stockton Convention Center Bids Submitted: Just Macs LIC, dba Absolute AVL. (City Manager)  Assistant City Manager Jesse Gonzales explained this is the company that did the sound for the Theater. However, because of the way the original bid was awarded we had to solicit bids for the City of Fort Stockton Convention Center. Economic Development Corporation (EDC) has committed to $80,000 and the Convention and Visitor's Bureau (CVB) Venue Tax will cover the remainder of the cost. Therefore, he recommended City Council approve Motion was made by Mayor Pro-Tem James Warnock, seconded by Council Member PaulJerome Chavez, and carried unanimously to award the Bid for Audio System at the City of Fort Stockton Convention Center to Just Macs LLC, dba Absolute AVL, to  the bid as submitted to include Option #2.    Page1233  include Option 2. Council Member Darren Hodges, Mayor Pro-Tem James Warnock, Mayor Joe Chris Alexander, Council Member Ruben J Bernal, Council Member Paul  Jerome Chavez voted aye.  10. Discuss/Act upon Pay Application No. 3 totaling $83,000.00 for Work Performed by L.T. Construction, LLC on additions and buildout oft the Hodges Pavilion. (City Mgr./Dir. of City Secretary Marina Cantu explained the amount of Pay Application No. 3 should be Motion was made by Mayor Pro-Tem James Warnock, seconded by Council Member Ruben J. Bernal, and carried unanimously to approve Pay Application No. 3 totaling $85,500.00 for Work Performed by L.T. Construction, LLC on additions and buildout oft the Hodges Pavilion. Councill Member Darren Hodges, Mayor Pro-Tem James Warnock, Mayor Joe Chris Alexander, Council Member Ruben J Bernal, Council  Fin.)  for $85,500.00.  Member Paul Jerome Chavez voted aye.  11. Discuss/Act upon Designating the Date of the Employee Appreciation Event and Authorizing staff to conclude their workday before 5:00 p.m. to attend. (City Mgr.) Assistant City Manager Jesse Gonzales explained historically City Council has authorized the early closure of the City for staff to attend Employee Appreciation. He recommended City Council authorize the early closure oft the City on June 16, 2023  at 12:00 p.m.  Motion was made by Council Member Ruben JI Bernal, seconded by Mayor Pro-Tem James Warnock, and carried unanimously to Authorize the Early Closure of the City on June 16, 2023 at 12:00 p.m. for the Employee Appreciation Event. Council Member Darren Hodges, Council Member James Warnock, Mayor. Joe Chris Alexander, Council Member Ruben JI Bernal, Council Member Paul Jerome Chavez Mayor Joe Chris Alexander recessed from the Regular Session to convene into  voted aye.  Executive Session at 5:57 p.m.    Page |234  EXECUTIVE SESSION:  City Council May Convene in Closed Session in Accordance with the 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); and/or Deliberation regarding Security Devices Ref: (a) Discuss/Act upon Amendment of Surface Use Agreement between Forge  (Section 551.076):  Energy III Delaware, LLC and the City of Fort Stockton.  (b) Discuss/Act upon 60-foot-wide access easement agreement located in Section 46, Block 50, Township 8, Abstract 2720 and Section 3, Block 50, Township. 9, Abstract 2718, Texas and Pacific Railway Survey, Pecos and Reeves County, Texas (Blue Ridge Farm) between City of Fort Stockton (grantor) and Arthur R. Gonzalez and Denisse I. Gonzalez (grantees), as described in survey, containing 13066.27 linear feet, 791.89  rods, and 18.00 acres of land.  City Attorney Puja Boinpally clarified that Item No. 6 would not be discussed during executive session; however, City Council would need to decide on what action would be taken on item No. 5 prior to proceeding with Item No. 6.  Mayor Joe Chris Alexander closed the Executive Session to Reconvene into the Regular  Session at 6:20 p.m.  REGULAR BUSINESS CONTINUED:  5. Discuss/Act upon Amendment of Surface Use Agreement between Forge Energy II Delaware, LLC and the City of] Fort Stockton. (City Mgr./City Atty.)  Motion was made by Council Member Ruben J Bernal, seconded by Council Member James Warnock, and carried unanimously to table the Amendment of Surface Use Agreement between Forge Energy II Delaware, LLC and the City of] Fort Stockton. Council Member Darren Hodges, Mayor Pro-Tem James Warnock, Mayor Joe Chris Alexander, Council Member Ruben J Bernal, Council Member Paul Jerome Chavez  voted aye.    Page1235  Discuss/Act upon Consent to Assign Surface Agreement for Partial Assignment of the Existing Contract for Blue Ridge Farms from Forge Energy II Delaware, LLC, as assignor, to Vital Energy, Inc. and Northern Oil and Gas, Inc., as assignees. (City Atty.) Motion was made by Council Member Ruben J Bernal, seconded by Mayor Pro-Tem James Warnock, and carried unanimously to table the Consent to Assign Surface Agreement for Partial Assignment of the Existing Contract for Blue Ridge Farms from Forge Energy II Delaware, LLC, as assignor, to Vital Energy, Inc. and Northern Oil and Gas, Inc., as assignees. Council Member Darren Hodges, Mayor Pro-Tem James Warnock, Mayor Joe Chris Alexander, Council Member Ruben J Bernal,  Council Member Paul Jerome Chavez voted aye.  7. Discuss/Act upon 60-foot-wide access easement agreement located in Section 46, Block 50, Township 8, Abstract 2720 and Section 3, Block 50, Township. 9, Abstract 2718, Texas and Pacific Railway Survey, Pecos and Reeves County, Texas (Blue Ridge Farm) between City of Fort Stockton (grantor) and Arthur R. Gonzalez and Denisse I. Gonzalez (grantees), as described ins survey,containing 13066.27 linear feet, 791.89 rods, and 18.00 acres of land. (City Atty.) Motion was made by Council Member Ruben JI Bernal, seconded by Mayor Pro-Tem James Warnock, and carried unanimously to table the 60-foot-wide Access Easement Agreement located in Section 46, Block 50, Township 8, Abstract 2720 and Section 3, Block 50, Township. 9, Abstract 2718, Texas and Pacific Railway Survey, Pecos and Reeves County, Texas (Blue Ridge Farm) between City of Fort Stockton (grantor) and Arthur R. Gonzalez and Denisse I. Gonzalez (grantees), as described in survey, containing 13066.27 linear feet, 791.89 rods, and 18.00 acres ofl land. Council Member Darren Hodges, Mayor Pro-Tem James Warnock, Council Member Joe Chris Alexander, Council Member Ruben J Bernal, Council Member Paul Jerome Chavez  voted aye.  12. Questions from Media  There were no questions from the media.  13. Adjourn  Motion was made by Council Member Ruben J Bernal, seconded by Mayor Pro-Tem James Warnock, and carried unanimously to adjourn the Regular City Council Meeting at 6:23 p.m. Council Member Darren Hodges, Mayor Pro-Tem James Warnock, Mayor Joe Chris Alexander, Council Member Ruben J Bernal, Council Member Paul Jerome  Chavez voted aye.    Page 1236  R Joe Chris Alexander, Mayor  TEST:  ADAWLCWN Marina A. Cantu, City Secretary