Page1198  CITY OF FORTS STOCKTON, TEXAS  MINUTES OF: DATE OF MEETING: TIME OF MEETING: PLACE OF MEETING:  REGULAR CITY COUNCIL MEETING  APRIL 24, 2023 5:301 PM  121 WEST SECOND STREET FORT STOCKTON, TX79735  ROLL CALL WAS ANSWERED BY COUNCIL MEMBERS:  PRESENT: DARREN HODGES, JOE CHRIS ALEXANDER, PAUL CASIAS, RUBENJ  BERNAL, RUBEN FALCON ABSENT: JAMES WARNOCK 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 5:31 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.  Mayor Pro-Tem Paul Casias led the Pledge of Allegiance to the United States of America Flag &  the Pledge of Allegiance to the Texas Flag.  PROCLAMATION:  1. Proclamation endorsing the month of May as "Community Action Month."  (Mayor)  Item was postponed until the May 8, 2023 Regular City Council Meeting.    Page199  RESOLUTION:  2. Discuss/Act upon Resolution No. 23-111R, Al Resolution to Adopt and Allocate Funds for an Outdoor Fitness Court as a part oft the 2023 National Fitness Campaign. (Mayor/City City Manager Frank Rodriguez explained the City of Fort Stockton received a grant to build an Outdoor Fitness Court to be located by the Water Park at the Gene Cummings Park. He further explained the Economic Development Corporation approved matching funds for the project, which was needed prior to the approval ofthis resolution designating funds for the Outdoor Fitness Court. After the 60-day notice period the funds would be released to Motion was made by Mayor Pro-Tem Paul Casias, seconded by Council Member Ruben J Bernal, and carried unanimously to approve Resolution No. 23-111R, A Resolution to Adopt and Allocate Funds for an Outdoor Fitness Courte as a part of the 2023 National Fitness Campaign. Council Member Darren Hodges, Council Member. d James Warnock, Mayor Joe Chris Alexander, Mayor Pro-Tem Paul Casias, Council Member Ruben J Bernal, Council Member Ruben Falcon voted aye. 3. Discuss/Act upon Resolution No. 23-112R, A Resolution of the City of Fort Stockton, Texas finding that Texas-New Mexico Power Company's Application for Approval to Amend its Distribution Cost Recovery Factor to Increase Distribution Rates within the City should be Denied; Authorizing participation with TNMP Cities; Authorizing the hiring ofl Legal Counsel and Consulting Services; Finding that the City's Reasonable Rate Case Expenses shall be reimbursed by the Company; finding that the meeting at which this resolution is passed is open to the public as required by law; requiring notice of this resolution to the City Attorney Puja Boinpally explained Texas New Mexico Power (TNMP) is looking to increase their distribution rate. Approval ofthis Resolution would allow the City of] Fort Motion was made by Council Member Ruben Falcon, seconded by Council Member Darren Hodges, and carried unanimously to approve. Resolution No. 23-112R, A Resolution of the City of Fort Stockton, Texas finding that Texas-New Mexico Power Company's Application for Approval to. Amend its Distribution Cost Recovery Factor to Increase Distribution Rates within the City should be Denied; Authorizing participation with TNMP Cities; Authorizing thel hiring ofLegal Counsel and Consulting Services; Finding that the City's Reasonable Rate Case Expenses shall be  Mgr.)  begin on the project.  company and legal counsel. (Mayor/City Mgr.)  Stockton to hire the attorneys to get involved and represent us.    Page |200  reimbursed by the Company; finding that the meeting at which this resolution is passed is open to the public as required by law; requiring notice of this resolution to the company and legal counsel. Council Member Darren Hodges, Council Member James Warnock, Mayor Joe Chris Alexander, Mayor Pro-Tem Paul Casias, Council Member Ruben J Bernal, Council Member Ruben Falcon voted aye.  ORDINANCES:  4. Discuss/Act upon Ordinance No. 23-107, An Ordinance Amending Chapter 24 ofthe Code of Ordinances of the City of Fort Stockton Titled Utilities*, Article III. Service Rates and Charges, Division 2. Service Rates, Section 24-51. Rates for Water, Wastewater, Gas Services and Tap Charges Within the Corporate City Limits and Repealing all Other Ordinances or Portions Thereofi in Conflict, a Severability Clause and Providing for an  Effective Date. (City Mgr.)  Assistant City Manager Jesse Gonzales, Jr. explained this Ordinance would allow the city to adjust the rates for the wastewater fee from $300 to $600. Plumbers have expressed that they are not comfortable tapping into our line due to liability issues. Thisi increase ini the fee will cover the cost of the material, which is less expensive than aj plumber doing it. Motion was made by Council Member Ruben Falcon, seconded by Council Member Darren Hodges, and carried unanimously to approve Ordinance No. 23-107, An Ordinance Amending Chapter 24 oft the Code ofOrdinances ofthe City of Fort Stockton Titled Utilities*, Article III. Service Rates and Charges, Division 2. Service Rates, Section 24-51. Rates for Water, Wastewater, Gas Services and Tap Charges Within the Corporate City Limits and Repealing all Other Ordinances or Portions Thereof in Conflict, a Severability Clause and Providing for an Effective Date. Council Member Darren Hodges, Council Member James Warnock, Mayor Joe Chris Alexander, Mayor Pro-Tem Paul Casias, Council Member Ruben J Bernal, Council Member Ruben Falcon voted aye.  CONSENT AGENDA:  5. 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 ofl Fort Stockton City Council, 04/10/2023 - Special (Workshop) Meeting Minutes of Fort Stockton City Counci1,04/182023 Regular Meeting Minutes of Fort Stockton Tourism Board, 03/21/2023 Regular Meeting Minutes of Fort Stockton Housing Authority Board, 03/16/2023    Page 1201  Regular Meeting Minutes of Substandard Building Committee, 03/02/2023 - Regular Meeting Minutes of] Intergovernmental Recreation Board, 01/18/2023  Accounts Payable Grand Total:  $317,793.66  Motion was made by Council Member Ruben Falcon, seconded by Council Member Ruben J Bernal, and carried unanimously to approve Consent Agenda, as presented. Council Member Darren Hodges, Council Member James Warnock, Mayor Joe Chris Alexander, Mayor Pro-Tem Paul Casias, Council Member Ruben J Bernal, Council  Member Ruben Falcon voted aye.  REGULAR BUSINESS:  6. Discuss/Act upon Accepting a Donation from Nancy King to Historic Fort Stockton, a Buffalo Soldier Hand Sculpted Doll estimated tol be worth $2,000. (Dir. of Annie Riggs  Museum & Historic Fort Stockton)  Director of Annie Riggs Museum & Historic Fort Stockton Ross Harper explained in the 1980's Ms. King made handcrafted dolls that won awards throughout the years. She approached him with an opportunity to have a Buffalo Soldier Hand Sculpted Doll donated to Historic Fort Stockton for display purposes. This doll would be displayed at Barracks! 2. Motion was made by Council Member Darren Hodges, seconded by Council Member Ruben J Bernal, and carried unanimously to Accept a Donation from Nancy King to Historic Fort Stockton, a Buffalo Soldier Hand Sculpted Doll estimated to be worth $2,000. Council Member Darren Hodges, Council Member James Warnock, Mayor Joe Chris Alexander, Mayor Pro-Tem Paul Casias, Council Member Ruben J Bernal, Council Member Ruben Falcon voted aye. 7. Discuss/Act upon Accepting al Donation from Teresa Pool McGrew to Historic Fort Stockton, a4 Piece Furniture Set estimated to be worth $2,000. (Dir. of Annie Riggs Museum &  Historic Fort Stockton)  Director of Annie Riggs Museum & Historic Fort Stockton Ross Harper explained Ms. Teresa Pool McGrew approached him concerning the donation of furniture that was bought on a dock in 1881 in Sweden and brought to Texas. She is the 5th generation descendent of the individuals who purchased the furniture. The furniture would be displayed in Officers'  Quarters 7.    Pagel 1202  Motion was made by Council Member Darren Hodges, seconded by Council Member Ruben J Bernal, and carried unanimously to Accept a Donation from Teresa Pool McGrew to Historic Fort Stockton, a 4 Piece Furniture Set estimated to be worth $2,000. Council Member Darren Hodges, Council Member James Warnock, Mayor. Joe Chris Alexander, Mayor Pro-Tem Paul Casias, Council Member Ruben JI Bernal, Council  Member Ruben Falcon voted aye.  8. Discuss/Act upon Final Payment Application No. 2 totaling $140,271.48 for Work Performed by Electric Supply Source (ESS) on the Replacement of Wastewater Plant Aeration Pond Control Panel City Manager Frank Rodriguez explained he was requesting permission to approve the final payment for Electric Supply Source for the removal of the existing control panel and Motion was made by Council Member Darren Hodges, seconded by Council Member Ruben JI Bernal, and carried unanimously to approve Final Payment Application No. 2 totaling $140,271.48 for Work Performed by Electric Supply Source (ESS) on thel Replacement of Wastewater Plant Aeration Pond Control Panel Project. Council Member Darren Hodges, Council Member James Warnock, Mayor Joe Chris Alexander, Mayor Pro-Tem Paul Casias, Council Member Ruben J Bernal, Council Member Ruben Falcon voted aye. 9. Discuss/Act upon Payment Application No. 1 totaling $29,530.00 for Solar Lighting for the Gene Cummings Park as Approved by Economic Development 4-B Corporation on March 16, 2023 for the Economic Development Corporation Executive Director Remie Ramos requested permission to approve the first payment of $29,530.00 for 161 new self-contained solar lights with the battery pack and solar panel that will be placed around the existing and new areas oft the  Project. (City Mgr./P.W.Dir.)  installation oft the new one.  Park Upgrade Project. (City Mgr./EDC Dir.)  Gene Cummings Park and the balance due once the lights are received. Mayor Joe Chris Alexander inquired an estimated time of arrival.  Economic Development Corporation Executive Director Remie Ramos responded the  solar lights should ship within the next 3-4 weeks.  He explained the lights are adjustable and can be programed to indicate when the park is open or Motion was made by Council Member Ruben Falcon, seconded by Council Member Ruben JI Bernal, and carried unanimously to approve Payment Application No. 1 totaling  closed.    Page1203  $29,530.00 and balance due once the Solar Lights are received for the Gene Cummings Park: as Approved by Economic Development 4-B Corporation on March 16, 2023 for the Park Upgrade Project. Council Member Darren Hodges, Council Member. James Warnock, Mayor. Joe Chris Alexander, Mayor Pro-Tem Paul Casias, Council Member  Ruben J Bernal, Council Member Ruben Falcon voted aye.  10. Discuss/Act upon Pay Application No. 2 totaling $102,000.00 for Work Performed by L.T. Construction, LLC on additions and buildout oft the Hodges Pavilion. (City Mgr./Dir. of  Fin.)  City Manager Frank Rodriguez III requested permission to approve Pay Application No. 2 for the Retaining Wall Draw for $42,000, Dirt Work Draw for $50,000 and the Electrical Draw for Motion was made by Council Member Ruben J. Bernal, seconded by Council Member Ruben Falcon, and carried unanimously to approve Pay Application No. 2 totaling $102,000.00 for Work Performed by L.T. Construction, LLC on additions and buildout of the Hodges Pavilion. Council Member Darren Hodges, Council Member James Warnock, Mayor Joe Chris Alexander, Mayor Pro-Tem Paul Casias, Council Member Ruben J  $10,000 for a total of$102,000.  Bernal, Council Member Ruben Falcon voted aye.  11. Discuss/Act upon Purchase ofa Stewart Amos Street Sweeper Truck from Closner with BuyBoard Governmental Purchasing Cooperative for approximately $347,396.00, Contract Assistant City Manager Jesse Gonzales, Jr. explained this Hopper is larger than the one currently in use. The current one lags. Purchasing a new one would allow us to sale the  No. 685-22. (Asst. City Mgr./P.W. Dir.)  current one on consignment or utilize it for smaller projects. General Fund monies would be utilized toj purchase the Sweeper Truck. Transportation (TxDOT) utilizes. It is bigger than the current one. Mayor Joe Chris Alexander inquired how the Sweeper Truck would dump. Assistant City Manager Jesse Gonzales, Jr. responded the Sweeper Truck has a side  He advised City Council the new: sweeper would be similar to what Texas Department of  dumper hopper, which would increase efficiency.    Page/204  Motion was made by Council Member Ruben Falcon, seconded by Council Member Ruben J Bernal, and carried unanimously to approve. Purchase ofa Stewart Amos Street Sweeper Truck from Closner with BuyBoard Governmental Purchasing Cooperative for approximately $347,396.00, Contract No. 685-22. Council Member Darren Hodges, Council Member James Warnock, Mayor Joe Chris Alexander, Mayor Pro-Tem Paul Casias, Council Member Ruben J Bernal, Council Member  Ruben Falcon voted aye.  12. Discuss/Act upon 2nd Quarterly Revenue & Expense Report ending March 31, 2023. (Dir. of  Fin.)  Director of Finance Maria Rodriguez provided the following report:  REVENUES OVER/(UNDER) EXPENDITURES  REVENUES  EXPENSES  GENERAL HB 445  $ 6,623,961.75 s 5,098,525.32 $ 1,525,436.43  This includes the donation from Mr. Hodges. $ 310,185.62 $ 198,039.30 $ Wec are only at. 37%; however, the. summer months are when we spend mos! ofther money on our streels. $ 210,609.04 $ 197,244.42 $ $ 5,492,466.34 $ 5,299,871.42 $ $ 454,559.90 $ 262,366.37 $ $ 349,644.06 $ 177,230.46 $ $ 564,725.12 $ 525,769.82 $ $ 162,040.51 $ 149,371.18 $ Money used to1 remodel the inside restrooms at the Convention Center. $ 1,300,390.05 $ 1,097,130.62 $ Our nexl payment won'tbe until September,  112,146.32 13,364.62 1,995.22 192,594.92 192,193.53 172,413.60 38,955.30 12,669.33 192,193.53  RECREATION ENTERPRISE EDC4-A EDC4 4-B CVB VENUETAX DEBT SERVICE  HOUSING AUTHORITY $ 306,020.22 $ 304,025.00 $  Motion was made by Council Member Ruben Falcon, seconded by Council Member Ruben J Bernal, and carried unanimously to approve 2nd Quarterly Revenue & Expense Report ending March 31, 2023. Council Member Darren Hodges, Council Member James Warnock, Mayor. a Joe Chris Alexander, Mayor Pro-Tem Paul Casias, Council Member Ruben J Bernal, Council Member Ruben Falcon voted aye.  13. Discuss/Act upon the 2nd Quarterly Investment Report ending March 31, 2023. (Dir. of Fin.)    Page 1205  Director of Finance Maria Rodriguez provided the following report: 4.82%. Our local bank, Pecos County State Bank, is currently at 4.32%.  At the end of March, TexPool's average interest rate was 4.79%; LOGIC'saverage interest rate was In accordance with Resolution No. 11-110R, the City exceeded the required 7% of General Fund'sand Enterprise Fund's budgeted expenses totaling $21,858,810.00 by maintaining $1,530,116.70  GENERAL $ 10,859,184.38 $ CVB $ 782,840.10 $ EDC4-A $ 3,208,165.53 $ EDC4-B $ 1,959,337.48 $ SPECIAL ASSESSMENT $ 2,684,434.48 $  Beginning of Quarter End ofg Quarter Quarterly Interest Earned  TOTAL $ 9,281,612.25  115,057.44  Beginning of Quarter End ofQuarter Quarterly Interest Earned  TOTAL $ 728,293.80  8,413.52  Beginning of Quarter End ofQuarter Quarterly Interest Earned  TOTAL $ 3,112,531.24  36,126.76  Beginning of Quarter End ofQuarter Quarterly Interest Earned  TOTAL s 1,912,091.05  22,287.98  Beginning of Quarter End of Quarter Quarterly Interest Earned  TOTAL $ 2,876,359.88  32,319.53  Motion was made by Council Member Ruben Falcon, seconded by Council Member Darren Hodges, and carried unanimously to approve 2nd Quarterly Investment Report ending March 31,2023. Council Member Darren Hodges, Council Member James Warnock, Mayor Joe Chris Alexander, Mayor Pro-Tem Paul Casias, Council Member Ruben J Bernal, Council Member Ruben Falcon voted aye.  14. Questions from Media.  There were no questions from the media.  15. Adjourn.  Motion was made by Mayor Pro-Tem Paul Casias, seconded by Council Member Ruben J Bernal, and carried unanimously to adjourn the Regular City Council    Page1206  Meeting at 6:04 p.m. Council Member Darren Hodges, Mayor Joe Chris Alexander, Mayor Pro-Tem Paul Casias, Council Member Ruben J Bernal, Council Member  Ruben Falcon voted aye.  A Joe Chris Alexander, Mayor  ATTEST:  Cuukw  Marina A. Cantu, City Secretary