Page 202 CITY OF FORT STOCKTON, TEXAS MINUTES OF: DATE OF MEETING: TIME OF MEETING: PLACE OF MEETING: REGULAR CITY COUNCIL MEETING MAY 13, 2024 5:301 PM 121 WEST SECOND STREET FORT STOCKTON.,TX79735 ROLL CALL WAS ANSWERED BY COUNCIL MEMBERS: PRESENT: COUNCIL MEMBER DARREN HODGES, COUNCIL MEMBER PAUL JEROME CHAVEZ, MAYOR PRO-TEM JAMES WARNOCK, COUNCIL MEMBER RUBENJ BERNAL, COUNCIL MEMBER RUBEN FALCON ABSENT: MAYOR PAUL CASIAS Mayor Pro-Tem James Warnock called the Regular Meeting to Order at 5:30 p.m. after declaring a quorum present. Mayor Pro-Tem James Warnock read the Mission Statement: "Thel 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. FUBLICTESTIMONE 1. Public Testimony. There was no public testimony. Page 1203 PROCLAMATIONS: 2. Proclamation Endorsing May 15, 2024 as "Peace Officers Memorial Day" & May 12-18, 2024 as "National Police Week." (Mayor) Mayor Pro-Tem James B. Warnock read the Proclamation Endorsing May 15, 2024 as "Peace Officers Memorial Day" & May 12-18, 2024 as "National Police Week" aloud and presented it to members of the Fort Stockton Police Department. 3. Proclamation Endorsing May 19-25, 2024 as "National Public Works Week." (Mayor) Mayor Pro-Tem James B. Warnock read the Proclamation Endorsing May 19-25, 2024 as "National Public Works Week" aloud and presented it to the Public Works Department Heads. 4. Proclamation Endorsing Monday, May 27, 2024 as "Memorial Day." " (Mayor) Mayor Pro-Tem James B. Warnock read the Proclamation Endorsing Monday, May 27, 2024 as "Memorial Day" aloud. Mayor Pro-Tem James B. Warnock recessed from the Regular Meeting to Convene into the Public Hearing at 5:47 p.m. PUBLIC HEARINGS: 5. PUBLICHEARING: Petition Request from Current Property Owner DuffReal Estate, LLC, to Consider Annexing a 5.72. Acre Tract of Land being out of Section Twenty-Three (23), Block One Hundred Forty-Six(146), T.& St. L. Ry Co. Survey, and also being out of and part of those same certain tracts called Tract One and' Tract Two to the City of! Fort Stockton, per Subdivision on file in plat records of Pecos County, Texas, which shall be zoned as a "Commercial District (C)" for the Procurement ofUtility Services. (City Sec./Bldg. Off.) City Secretary Marina Cantu displayed a map ofthe property being considered for annexation, explaining that it is located next to Flying J. She explained the property belongs to Duffl Real Estate and they have intentions of building a' Tire Mart. The Public Works Department advised her that utilities are located in the area. Page 1204 She stated the request to annex this property was already reviewed by the Planning & Zoning She further explained all required notices were sent out and the notification was published in Commission who recommended approving the request. the newspaper. No negative feedback was received. Mayor Pro-Tem James B. Warnock Closed the Public Hearing to Convene into the next Public Hearing at 5:49 p.m. 6. PUBLICI HEARING: Application Request from Property Owners Manuel Pacheco & Cynthia Pacheco to Consider a Specific-Use Permit for Replacement ofa Manufactured Mobile Home in a One-Family Dwelling District (SF-4) located on N/10' ofLot Eleven (N/10' of11) and All ofLot Twelve (12), Block Two Hundred Thirty-Nine (239), ORIENT ADDITION, Fort Stockton, Pecos County, Texas & More Particularly described as being adjacent to 14th Street and State Street; this being in accordance with Sections 7(1), 7(2)& 7(16) C ofthe Zoning Ordinance. (City Sec./Bldg. Offi.) City Secretary Marina Cantu explained the property owners were requesting permission to replace the existing mobile home with a new mobile home on their property located at the Notice oft the Public Hearing was published in the newspaper and letters advising the property owners located within 200 feet of the request were sent out notifying them ofthe Request and the Public Hearing. No negative feedback was received. The Code Enforcement Department has visited the location to ensure the new mobile home corner of 14th Street and State Street. will meet the setback requirements. Mayor Pro-Tem James B. Warnock Closed the Public Hearing to Convene into the next Public Hearing 5:51 p.m. 7. PUBLIC: HEARING: Application Request from Property Owners, Jose L Hernandez ETUX Isabel, Sandra Duarte Ruiz, Lisa M. Jenkins, Jose Hernandez, Dario Carrillo Prieto, and Bradley P. McCloskey to Consider Rezoning Lots Four through Six (4-6), Block One Hundred Sixty-Three (163), ORIENT ADDITION, and Lots One through Six (1-6), Block One Hundred Eighteen (118), ORIENT ADDITION, Fort Stockton, Pecos County, Texas from a Neighborhood Service District (NS) or General Retail District (R) to a One-Family Dwelling Page 1205 District 4 (SF-4) to Reflect Existing Use; this being in accordance with Sections 7(1)&7(2)of City Secretary Marina Cantu explained one of the property owners hired an appraiser that discovered the property was: zoned as Neighborhood Service District (NS). This request was triggered as the property is currently being utilized for residential use; however, Neighborhood Service District (NS) does not allow for residential use. She advised everyone that according to our current zoning map, the property located behind Century 21 was zoned as both Neighborhood Service District (NS) and General Retail District (R). After a careful review of the issue, it was determined that the best solution would be to re-zone the entire Neighborhood Service District (NS) as well as the property that is zoned as both Neighborhood Service District (NS) and General Retail District (R) to a One-Family Dwelling District 4 (SF-4), as that zoning designation allows for residential use. In order to avoid spot zoning all affected property owners were notified of the issue and given the opportunity to request their property be re- the Zoning Ordinance. (City Sec./Bldg. Offl.) zoned to One-Family Dwelling District 4 (SF-4). She elaborated that the One-Family Dwelling District 4 (SF-4) was the best option as there are two duplexes which are allowed in this zoning designation. Notice oft the Public Hearing was published in the newspaper and letters advising the property owners located within 200 feet of the request were sent out notifying them oft the Code Enforcement has reviewed the request and agrees with it. The Planning & Zoning Commission has reviewed the request and has recommended approving it. Request and the Public Hearing. No negative feedback was received. Council Member Ruben Falcon inquired ift the area couldn't be zoned as One-Family Dwelling District 1 (SF-1). City Secretary Marina Cantu explained that One-Family Dwelling District 1 (SF-1) would not solve the issue as that zoning designation does not allow for duplexes. She reminded everyone that two duplexes existed in the area being discussed. She explained the (SF-4) designation was recommended as a solution to avoid spot-zoning. She explained that homes and duplexes already exist on these properties, the area is already developed. Mayor Pro-Tem James B. Warnock Closed the Public Hearing to Reconvene into the Regular Meeting at 5:55 p.m. Page 206 ORDINANCES: 8. Discuss/Act upon Ordinance No. 24-108, An Ordinance. Annexing the hereinafter described territory, A 5.72 Acre Tract ofl land being out of Section Twenty-Three (23), Block One Hundred Forty-Six (146), T.& St. L. Ry Co. Survey, and also being out of and part oft those same certain tracts called Tract One and Tract Two Described in Conveyance Document to Ray House Jr. and Ellie M. House, Recorded in Volume 765, Page 23 ofthe Deed Records ofl Pecos County, Texas and Being More Particularly Described in the Exhibit of the Warranty Deed Dated December 20, 2021 to the City ofl Fort Stockton, Pecos County, Texas, and Extending the Boundary Limits of Said City so as to Include said hereinafter described property Within said City Limits, and Granting to all the Inhabitants of Said Property all the Rights and Privileges of Other Citizens and Binding Said Inhabitants by all oft the Acts, Ordinances, Resolutions, and Regulations of Said City; and Adopting of Service. Agreement. (City Sec./Bldg. Offi.) City Secretary Marina Cantu explained this is the Ordinance Approving the. Annexation Request from DuffR Real Estate, LLC that was discussed during the previous Public Hearing. Motion was made by Council Member Ruben JI Bernal, seconded by Council Member Paul Jerome Chavez, and carried unanimously to approve Ordinance No. 24-108, An Ordinance Annexing the hereinafter described territory, A 5.72. Acre Tract ofl land being out of Section Twenty-Three (23), Block One Hundred Forty-Six (146), T. & St. L. Ry Co. Survey, and also being out ofand part of those same certain tracts called Tract One and Tract Two Described in Conveyance Document to Ray House Jr. and Ellie M. House, Recorded in Volume 765, Page 23 of the Deed Records of Pecos County, Texas and Being More Particularly Described in the Exhibit of the Warranty Deed Dated December 20, 2021 to the City of Fort Stockton, Pecos County, Texas, and Extending the Boundary Limits of Said City sO as to Include said hereinafter described property Within said City Limits, and Granting to all the Inhabitants of Said Property all the Rights and Privileges of Other Citizens and Binding Said Inhabitants by all oft the Acts, Ordinances, Resolutions, and Regulations of Said City; and Adopting of Service Agreement. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Pro-Tem James Warnock, Council Member Ruben JI Bernal, Council Member Ruben Falcon voted aye. 9. Discuss/Act upon Ordinance No. 24-109, An Ordinance oft the City of Fort Stockton, Texas, Allowing for the Replacement of a Manufactured Mobile Home by Specific-Use Permit in a One-Family Dwelling District 4 (SF-4) located at the N/10' ofLot Eleven (N/10' of11)and All ofLot" Twelve (12), Block Two Hundred Thirty-Nine (239), ORIENT ADDITION, Fort Page 1207 Stockton, Pecos County, Texas & More Particularly Described as being Adjacent to E. Fourteenth Street and N. State Street; this being in accordance with Sections 7(1), 7(2)&-7(16) ofthe Zoning Ordinance & Providing for an Effective Date Provision. (City Sec./Bldg. Offl.) City Secretary Marina Cantu explained this ist the Ordinance Approving the Specific-Use Permit Request for the Replacement ofa Mobile Home in a SF-4 District from property owners Manuel & Cynthia Pacheco that was discussed during the previous Public Hearing. Motion was made by Council Member Ruben JI Bernal, seconded by Council Member Paul Jerome Chavez, and carried unanimously to approve Ordinance No. 24-109, An Ordinance of the City of] Fort Stockton, Texas, Allowing for the Replacement ofa Manufactured Mobile Home by Specific-Use Permit in a One-Family Dwelling District 4 (SF-4) located at the N/10' ofLot Eleven (N/10" of11) and All ofLot' Twelve (12), Block Two Hundred Thirty-Nine (239), ORIENT ADDITION, Fort Stockton, Pecos County, Texas & More Particularly Described as being Adjacent to E. Fourteenth Street and N. State 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 Pro-Tem James Warnock, Council Member Ruben J Bernal, Council Member Ruben Falcon voted aye. 10. Discuss/Act upon Ordinance No. 24-110, An Ordinance oft the City of Fort Stockton, Texas, Re-Zoning Lots Four through Six (4-6), Block One Hundred Sixty-Three (163), ORIENT ADDITION and Lots One through Six (1-6), Block One Hundred Eighteen (118), ORIENT ADDITION, Fort Stockton, Pecos County, Texas from a Neighborhood Service District (NS) or General Retail District (R) to a One-Family Dwelling District 4 (SF-4) to Reflect Existing Use; In Accordance with Section 7(1) & 7(2) of the Zoning Ordinance. (City Sec./Bldg. Offi.) City Secretary Marina Cantu explained this is the Ordinance Approving the Re-Zoning Request from the property owners to re-zone the six properties from Neighborhood Service District (NS) or General Retail District (R) to a One-Family Dwelling District 4 (SF-4)as discussed during the previous Public Hearing. Motion was made by Council Member Ruben J Bernal, seconded by Council Member Ruben Falcon, and carried unanimously to approve Ordinance No. 24-110, An Ordinance of the City of] Fort Stockton, Texas, Re-Zoning Lots Four through Six (4-6), Block One Hundred Sixty-Three (163), ORIENT ADDITION and Lots One through Six (1-6), Block One Hundred Eighteen (118), ORIENT ADDITION, Fort Stockton, Pecos County, Texas from a Neighborhood Service District (NS) or General Retail District (R) to a One-Family Page 1208 Dwelling District 4 (SF-4) tol Reflect Existing Use; In Accordance with Section 7(1) & 7(2) of the Zoning Ordinance. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Pro-Tem James Warnock, Council Member Ruben JI Bernal, Council Member Ruben Falcon voted aye. PRESENTATIONS: 11. Economic Development Corporation Executive Director Remie Ramos--- FY2023-2024 Second Quarterly Report Economic Development Corporation Executive Director Remie Ramos advised City Council the unemployment rate fell 0.5%. Sales Tax hasi increased by 15.34%. Business Recruitment Projects: 10 total contacts Highlights include: Sears Building Repurposing M&J Strip Center Retail: Coach/Buxton Elia's Bakery Business Retention Proiects: 8 total contacts Highlights Include: Comfort Suites (Storefront) Pecos County Feed (Storefront) Fort Stockton Inn (Storefront) Commercial Building/Yard Report: Vacant: 16 Change in Status Reported: Bus Station/Advanced BIO Construction: 1 New Construction Permit Residential Report: Rental Available: 6Houses ODuplex Listings Available: 55 MLS 1by Owner 16ETJ 3Apartments Construction: 71 New Construction Permits Page 1209 Ongoing City Projects: 7 Projects Lannom Park Solar Lighting Thrive Marketing Group Grand Lux Apartments Springhirst & Railroad Warehouse 7-D Store Development TNMP New Yard 2nd Street Paving Special Events: Chamber Banquet-February Comanche Springs Rodeo-March FY2023-2024: Second Quarterly Report 12. Convention & Visitor's Bureau Director Cindy Melendez : CVB FUNDED EVENTS: February: Sheepdog Trials March: Comanche Springs Rodeo TOURISM BOARD APPROVED FUNDING: January: Kairo's Ministry Event (April & July $2,000) Comanche Springs Roping (March $15,000) BBORR 2.0 (October $40,000) BBORR (April $40,000) February: Tyler Magnus Rodeo & Team Roping (April $10,000) SOCIAL MEDIA PAGE: January-March: 81%1 Post Reach Increase 50%1 Engagement (Likes, Comments, & Shares) VISITORSCOUNT: Visitors Center Count: January-209/89 Page 1210 February-269/142 March-339/121 Annie Riggs Museum: January-62 February-83 Historic Fort Stockton: - January-105 - February-50 OLDEST HOUSE: Study being conducted by the Texas Tech Archeology Department HOTEL OCCUPANCY: January: $108,017.86 February: $86,904.93 March: $96,289.89 13. Sales & Marketing Coordinator Brenda Delao -- .FY 2023-2024 Second Quarterly Report MONTHLY OVERVIEW: Meetings: 3 Classes: 2 Private Events: 5 Highlights: January: AXON Roadshow Presentation City of Fort Stockton Safety Meeting U U.S. Senate Campaign Debate February: Meetings: 4 Classes: 2 Private Events: 7 Highlights: HOSA Fort Stockton Chapter Induction I Paradigm Pipeline Safety Meeting Circus on Ice March: Meetings: 3 Page 1211 Classes: 2 Private Events: 7 Highlights: Pups on the Patio/Route 67 Volkswagen Car Show & Vaccination Clinic People Church Easter Prowler Basketball Dinner Powerlifting Dinner Paisano Hall Events Sunset Hall Events Spring Break Mini Movie Festival CONVENTION CENTER FACEBOOK OVERVIEW: Post Reach Increase of75.4% Engagement Increase of98.2% ADVERTISING1 TACTICS: What's Happening Flyers Prime Marketing Agency Signage 14. ChiefofPolice Ernesto Velasquez with Fort Stockton Police Department-- Statistics Report for April 2024 April Calls for Service Total Calls for Service: 1,308 FSPD Calls: 824 FSFD Calls: 19 City: 7 County: 12 PCEMS Calls: 145 PCSO Calls: 314 April Traffic Statistics Traffic Stops: 266 City: 179 Other Agency: 87 Traffic Citations Issued: 26 Motor Vehicle. Accidents: 50 City: 32 Other Agency: 18 Page [212 April Cases Filed for Prosecution: Juvenile Probation: 0 County Attorney: 41 83rd District Attorney: 42 112th District Attorney: 81 April Arrest Statistics: Total Arrests: 16 Charges: Arson: 0 Assault: 2 Burglary: 0 Criminal Mischief: 0 Criminal Trespass: 1 Disorderly Conduct: 0 Duty on Striking: 0 Driving While Intoxicated: 0 Driving While License Invalid: 0 Evading Arrest: 0 Failure to ID: 0 Family Violence: 0 Murder: 0 Outstanding Warrant: 13 Possession of Controlled Substance: 0 Possession of Marijuana: 0 Public Intoxication: 0 Racing: 2 Resisting Arrest: 0 Sexual Assault: 0 Smuggling of Persons: 0 Terroristic Threat: 0 Theft: 1 Undocumented Migrants: 0 Unlawful Carry: 3 Injury to Child/Elderly: 0 Reckless Driving: 0 Deadly Conduct: 0 Forgery: 0 Harboring a Runaway: 0 Unauthorized Use of a Motor Vehicle: 0 Interference with Child Custody: 0 Page |213 Statistics Report for Year to Date: Year' To Date Calls for Service Total Calls for Service: 5,562 FSPD Calls: 3,577 FSFD Calls: 52 City: 22 County: 30 PCEMS Calls: 582 PCSO Calls: 1.317 Year To] Date Traffic Statistics Traffic Stops: 1,476 City: 1,020 Other Agency: 456 Traffic Citations Issued: 171 Motor Vehicle Accidents: 190 City: 113 Other Agency: 77 Year To Date Cases Filed for Prosecution: Juvenile Probation: 0 County Attorney: 199 83rd District Attorney: 111 112th District Attorney: 81 Year To Date Arrest Statistics: Total Arrests: 94 Charges: Arson: 0 Assault: 11 Burglary: 0 Criminal Mischief: 4 Criminal Trespass: 6 Disorderly Conduct: 7 Duty on Striking: 0 Driving While Intoxicated: 7 Driving While License Invalid: 1 Evading Arrest: 0 Failure tol ID:0 Family Violence: 0 Page 1214 Murder: 0 Outstanding Warrant: 44 Possession of Controlled Substance: 15 Possession of Marijuana: 10 Public Intoxication: 9 Racing: 3 Resisting Arrest: 4 Sexual Assault: 0 Smuggling of1 Persons: 0 Terroristic Threat: 1 Theft: 2 Undocumented Migrants: 0 Unlawful Carry: 4 Injury to Child/Elderly: 0 Reckless Driving: 0 Deadly Conduct: 2 Forgery: 0 Harboring a Runaway: 1 Unauthorized Use ofMotor Vehicle: 1 Interference with Child Custody: 1 CONSENT AGENDA: 15. 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 of Fort Stockton City Council, 04/22/2024 Regular Meeting Minutes of Fort Stockton Planning & Zoning Commission, 04/03/2024 Accounts Payable Grand Total: $473,384.90 Motion was made by Council Member Ruben J Bernal, seconded by Council Member Darren Hodges, and carried unanimously to approve the Consent Agenda, as presented. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Pro- Tem James Warnock, Council Member Ruben J Bernal, Council Member Ruben Falcon voted aye. Page 1215 RESOLUTIONS: 16. Ist Reading of Resolution No. 24-110R, A Resolution of the Fort Stockton Economic Development 4-B Corporation Approving the Distribution of Funds to Fort Stockton Main and First LLC for Rehabilitation oft the Historic Property known as Springhirst Hotel in an amount not to exceed $750,000.00. (EDC Dir.) Mayor Pro-Tem James B. Warnock read Resolution No. 24-110R aloud. Economic Development Corporation Executive Director Remie Ramos explained the Fort Stockton Economic Development Corporation passed and approved Resolution No. 24-110R on the 7th day of May 2024 and today was the first reading oft the Resolution by City Council. Discuss/Act upon Resolution No. 24-111R, AI Resolution Declaring Certain Property as Director of Finance Maria Rodriguez explained this resolution was to declare the1994 Michigan Loader & 2008 BOMAG Compactor as Surplus and Authorizing the Disposition. Both items arei inoperable and located at the old landfill. We are trying to get rid of these items Motion was made by Council Member Ruben JI Bernal, seconded by Council Member Paul Jerome Chavez, and carried unanimously to approve Resolution No. 24-111R, A Resolution Declaring Certain Property as Surplus and Authorizing the Disposition Thereof. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Pro-Tem James Warnock, Council Member Ruben J Bernal, Council Member 17. Surplus and Authorizing the Disposition Thereof. (Dir. of Fin.) to finish with the post closure. Ruben Falcon voted aye. REGULAR BUSINESS: 18. Discuss/Act upon Request for Proposals for Management of the Fort Stockton Convention Center Theater. (City Atty./City Mgr.) City Manager Frank Rodriguez III requested permission to Solicit Proposals for Management ofthe Fort Stockton Convention Center Theater with the closing date of June 7,2024 at 4:00 p.m. Page1216 Motion was made by Council Member Ruben JI Bernal, seconded by Council Member Darren Hodges, and carried unanimously to approve the Solicitation of Proposals for Management of the. Fort Stockton Convention Center Theater. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Pro-Tem James Warnock, Council 19. Discuss/Act upon Request for Bids for Bulk Fuel and Lube Services. (City Atty./City Mgr.) City Manager Frank Rodriguez. III requested permission to Solicit Bids for Bulk Fuel and Lube Motion was made by Council Member Darren Hodges, seconded by Council Member Paul Jerome Chavez, and carried unanimously to approve the Solicitation ofl Bids for Bulk Fuel and Lube Services. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Pro-Tem James Warnock, Council Member Ruben J Bernal, Member Ruben J. Bernal, Council Member Ruben Falcon voted aye. Services with a closing date of. June 20, 2024 at 4:00 p.m. Council Member Ruben Falcon voted aye. West Hornbeck. (Asst. City Mgr.) 20. Discuss/Act upon Request for Bids for Repair and Renovation of City Streets North Rio & Assistant City Manager Jesse Gonzales requested permission to Solicit Bids for Repair and Renovation of City Streets North Rio & West Hornbeck with a closing date of. June 20, 2024 at Motion was made by Council Member Ruben J Bernal, seconded by Council Member Ruben Falcon, and carried unanimously to approve the Solicitation of] Bids for Repair and Renovation of City Streets North Rio & West Hornbeck. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Pro-Tem James Warnock, Council Member 21. Discuss/Act upon Bid for the Construction of New Landfill Dropoff Station. Bid Received: L.T. Construction, LLC, Triple R. Welding, LLC, West Texas Contractors, LLC( (City Mgr.) City Manager Frank Rodriguez III advised City Council the City received 3 bids for this project. The lowest bid was at $167,200.00, the second lowest bid was at $170,206.00 and the third lowest bid was at $308,435.00. He stated all three companies were. local and have previously produced quality work for the City of Fort Stockton. He recommended awarding 4:00 p.m. Ruben J Bernal, Council Member Ruben Falcon voted aye. the bid to West Texas Contractors, LLC for $167,200.00. Page 1217 Motion was made by Council Member Ruben Falcon, seconded by Council Member Darren Hodges, and carried unanimously to award Bid for the Construction of New Landfill Dropoff Station to West Texas Contractors, LLC for $167,200.00. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Pro-Tem James Warnock, Council Member Ruben J Bernal, Council Member Ruben Falcon voted aye. Texas Contractors, LLC( (City Mgr./R.O. Plant Sup.) 22. Discuss/Act upon Bid for Construction of New Standpipe Pump Station. Bid Received: West City Manager Frank Rodriguez III recommended rejecting the bid received from West Texas Contractors, LLC as the RO: Plant Supervisor identified an alternative solution. Motion was made by Council Member Ruben J Bernal, seconded by Council Member Paul Jerome Chavez, and carried unanimously to Reject the Bid submitted by West Texas Contractors, LLC for Construction of New Standpipe Pump Station. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Pro-Tem James Warnock, Council Member Ruben J Bernal, Council Member Ruben Falcon voted aye. 23. Discuss/Act upon Master Intergovernmental Cooperative Purchase Agreement between the City ofl Fort Stockton and OMNIA Partners, Public Sector, Inc. (Dir. of Fin.) Director of Finance Maria Rodriguez requested permission to. join the OMNIA Partners, Motion was made by Council Member Ruben J Bernal, seconded by Council Member Darren Hodges, and carried unanimously to approve the Master Intergoyernmental Cooperative Purchase Agreement between the City of Fort Stockton and OMNIA Partners, Public Sector, Inc. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Pro-Tem James Warnock, Council Member Ruben J Bernal, Public Sector, Inc. Purchasing Cooperative. Council Member Ruben Falcon voted aye. 24. Discuss/Act upon Memorandum ofUnderstanding between Pecos County, City of Fort Stockton and Fort Stockton Independent School District pertaining to the Standard Response Protocol Program. (Asst. City Mgr.) Pagel 1218 Assistant City Manager Jesse Gonzales explained this is al MOU between Pecos County, City of] Fort Stockton and Fort Stockton Independent School District pertaining to the Standard Response Protocol Program. Assistant Superintendent Gil-Rey Madrid explained this is al MOU for the Standard Response for communications when it comes to emergencies that is also used by Buena Vista, Iraan and 99% of schools in Texas. It streamlines the process. This protocol has been used for the past 8 Motion was made by Council Member Darren Hodges, seconded by Council Member Ruben J Bernal and carried unanimously to Approve the Memorandum of Understanding between Pecos County, City of Fort Stockton and Fort Stockton Independent School District pertaining to the Standard Response Protocol Program. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Pro- Tem James Warnock, Council Member Ruben JI Bernal, Council Member Ruben Falcon years. Iti is just accepting common language for first responders. voted aye. 25. Discuss/Act upon Authorizing Payment for the Service Maintenance Contract in the amount of $38,951.54 for 60 MO/5000 HR Service Maintenance ofa. John Deere 644 G-Tier Wheel Loader from YellowHouse Machinery Co. with Sourcewell Governmental Purchasing Cooperative, Contract No. 011723-JDC. (P.W.Dir.) Assistant City Manager Jesse Gonzales explained this is the PM contract for the John Deere 644 G-Tier Wheel Loader. Motion was made by Council Member Ruben JI Bernal, seconded by Council Member Paul Jerome Chavez, and carried unanimously to Authorize Payment for the Service Maintenance Contract in the amount of$38,951.54 for 60 MO/5000 HR Service Maintenance of a John Deere 644 G-Tier Wheel Loader from YellowHouse Machinery Co. with Sourcewell Governmental Purchasing Cooperative, Contract No. 011723-JDC. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Pro-Tem James Warnock, Council Member Ruben J Bernal, Council Member Ruben Falcon voted aye. 26. Discuss/Act upon Pay Application No. 1 totaling $54,918.78 for work performed by Little Regina Trucking, LLC with The Interlocal Purchasing System (TIPS) Purchasing Cooperative, Contract No. 23060202 Pavement and Other Related Services (JOC) for Repairs Page 219 and Renovation of city streets, more specifically Ryan Street from Young Street to Highway Assistant City Manager Jesse Gonzales requested permission to approve Pay Application No. 1 for the work completed by Little Regina Trucking, LLC on the Repairs and Renovation of Ryan Street from Young Street to Highway 385. The completed work was verified by Motion was made by Council Member Darren Hodges, seconded by Council Member Ruben Falcon, and carried unanimously to approve Pay Application No. 1 totaling $54,918.78 for work performed by Little Regina Trucking, LLC with The Interlocal Purchasing System (TIPS) Purchasing Cooperative, Contract No. 23060202 Pavement and Other Related Services (JOC) for Repairs and Renovation of city streets, more specifically Ryan Street from Young Street to Highway 385 measuring 11991.00 square yards. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Pro-Tem James Warnock, Council Member Ruben J. Bernal, Council Member Ruben Falcon voted aye. 27. Discuss/Act upon Pay Application No. 1 totaling $125,000.00 for work performed by Little Regina Trucking, LLC with The Interlocal Purchasing System (TIPS) Purchasing Cooperative, Contract No. 23060202 Pavement and Other Related Services (JOC) for the Landfill Cover Project for the Old Landfill located at 3400 Stone Road, Fort Stockton, Texas 79735. (Dir. of 385 measuring 11991.00 square yards. (Dir. ofFin.) Public Works Director Luis Guerra. Fin.) Assistant City Manager Jesse Gonzales requested permission to authorize Pay Application No. 1for Little Regina Trucking, LLC for the Landfill Cover Project at the Old Landfill. The progress has been signed offby City Engineer Raul Rodriguez. Motion was made by Council Member Paul Jerome Chavez, seconded by Council Member Ruben Falcon, and carried unanimously to approve. Pay Application No. 1 totaling $125,000.00 for work performed by Little Regina Trucking, LLC with The Interlocal Purchasing System (TIPS) Purchasing Cooperative, Contract No. 23060202 Pavement and Other Related Services (JOC) for the Landfill Cover Project for the Old Landfill located at 3400 Stone Road, Fort Stockton, Texas 79735. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Pro-Tem James Warnock, Council Member Ruben J Bernal, Council Member Ruben Falcon voted aye. 28. Discuss/Act upon Rescheduling the May 27, 2024 Regular City Council Meeting to May 28, 2024 due to the Memorial Day Holiday. (Mayor) Page1220 Motion was made by Council Member Ruben JI Bernal, seconded by Council Member Darren Hodges, and carried unanimously to approve Rescheduling the May 27,2024 Regular City Council Meeting to May 28, 2024 due to the Memorial Day Holiday. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Pro- Tem James Warnock, Council Member Ruben J. Bernal, Council Member Ruben Falcon voted aye. EXECUTIVE SESSION: Session at 6:39 p.m. Mayor Pro-Tem James B. Warnock recessed from the Regular Meeting to Convene into Executive 29. City Council may Convene in Closed Session in Accordance with Texas 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 Development Negotiations (Section 551.087): a. Deliberation regarding Real Property, more specifically the Second Amendment to the Blueridge Farm Lease Agreement between the City ofFort Stockton and BioCatters, LLC. (City Mgr.) Mayor Pro-Tem James B. Warnock Closed Executive Session at 7:17 p.m. to Reconvene into the Regular Meeting. REGULAR BUSINESS CONTINUED: Mayor Pro-Tem James B. Warnock Closed Executive Session to Reconvene into the Regular Meeting at 7:17 p.m. 30. Reconvene into Open Session Pursuant to Texas Government Code Section 551.102 & Take Action, if any, on Matters Deliberated in Executive Session: a. Deliberation regarding Real Property, more specifically the Second Amendment to the Blueridge Farm Lease Agreement between the City ofl Fort Stockton and BioCatters, LLC. (City Mgr.) Page 1221 City Attorney Puja Boinpally explained this is the Second Amendment to the BlueRidge Lease Agreement between the City of Fort Stockton and BioCatters, LLC that was passed in 2022. This Amendment extends the term of the agreement for 30 years with two 10-year extensions. Ifthere is no active sub-lease on the property by May 31, 2034, then the lease is terminated. There are assurances for any subleasees that the City of Fort Stockton will not interfere with This Amendment to the Agreement is conditional upon the approval of the Water Purchase Motion was made by Council Member Darren Hodges, seconded by Council Member Ruben J Bernal, and carried unanimously to approve the Second Amendment to the Blueridge Farm Lease Agreement between the City of] Fort Stockton and BioCatters, LLC. Council Member Darren Hodges, Council Member Paul. Jerome Chavez, Mayor Pro-Tem James Warnock, Council Member Ruben J Bernal, Council Member Ruben Falcon voted their use of the property. Agreement that will be discussed next. aye. 31. Discuss/Act upon Water Purchase Agreement between the City of] Fort Stockton, BioCatters LLC and Apex Clean Energy. (City Atty./City Mgr.) Alex Gonzalez of BioCatters LLC explained this Water Purchase Agreement would be for the There is an option for $300,000.00 of water a year. Once the project begins $300,000.00 would go into escrow while Apex Clean Energy conducts al hydrological study to see ift the water is viable for their use. They will be checking the recharge capability oft the property. Thisi isar recharging aquifer, and the water comes from the mountains inl Fort Davis. Two years ago, there were over 50: fracs within 15 miles of this area. One frac uses 100,000- 120,000 barrels per day. This project would utilize the equivalent to 2 fracs. development ofa Green Hydrogen Site. Ity would be spread out on the property. Oil and Gas operators are not developing the area anymore. Operators are shifting to recycled produced water. Page1222 The water from the property the city has is being sold to WaterBridge. They. just did a frac approximately 2 miles from this property and used 50% recycled water to fresh water. Recycled Produced Water is starting to replace the use of fresh water for fracs. This is a good thing because they utilize the recycled produced water and leave the fresh water alone. This means that the rechargeable aquifer will charge at a more rapid rate. Once the study is completed within the 120-day period, it will go back into the option period and the $300,000.00 will be released and they will begin construction building out the infrastructure to support the 200,000 barrels a day. When the water goes active then you go into operation. They will begin paying $0.10 a barrel with 200,000 barrels a day, 73,000,000 barrels a year. You are looking at $7.3 Ifthis is approved, a solar contract will be brought before the City of Fort Stockton within the next 60 days. Companies are wanting to start development immediately. You have to have the solar power to provide electricity sO that you have the green conversion of electricity to water to City Attorney Puja Boinpally inquired where the wells are located. Alex Gonzalez responded that there are 40 wells that will be utilized, that are located in Reeves County. He asked that Council keep in mind that all of this is on the Pecos County Aquifer. We are permited through the Reeves County Water District Board. He will meet with them to advise them on Thursday evening to let them know ift they will be moving forward with this project. They will not exceed Council Member Ruben Falcon stated this would be an alternative source of revenue for Million dollars a year in revenue for the water. make your hydrogen. the amount allowed via their permit. Fort Stockton, relieving the burden from its citizens. water. Another revenue source will follow. Alex Gonzalez assured City Council that this is a substantial revenue source, and this isj just the Their goal would be for Fort Stockton to bring the skilled workers associated with green hydrogen development. Their. job is to keep every. job possible in Fort Stockton. Motion was made by Council Member Darren Hodges, seconded by Council Member Ruben J Bernal, and carried unanimously to approve the Water Purchase Agreement between the City of] Fort Stockton, BioCatters, LLCand Apex Clean Energy. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Pro-Tem James Warnock, Council Member Ruben J Bernal, Council Member Ruben Falcon voted aye. Page_1223 32. Questions from Media. Kerry Waldrip of the Fort Stockton Pioneer inquired if30-year leases were typical. Council Member Ruben Falcon responded it depends on the income of what you are signing for. You cannot expect a company to invest a million dollars or more on a one-year lease. Kerry Waldrip of the Fort Stockton Pioneer inquired ifthe Middle Pecos Groundwater Conservation District involved in this project. Alex Gonzalez of] BioCatters, LLC responded that the wells that will be utilized are located in Reeves County and not Pecos County. Landon Gonzalez of BioCatters, LLC explained that the Pecos County Groundwater Conservation District does have the governing authority. They cannot renew your permits if desired. However, they get to tax the water in certain situations, Kerry Waldrip of the Fort Stockton Pioneer inquired what is the product that will utilize the Landon Gonzalez ofl BioCatters, LLC explained that most people turn it into ammonia, because ammonia has 3 hydrogen atoms allowing them to compact all the hydrogen as ammonia. This allows them to ship more ammonia to Europe where it is utilized to make power. The hydrogen can be used to power forklifts, eventually cars and trucks. Cummins just improved on their new engines that will go into our vehicles expected to occur in 5 years. Alex Gonzalez of] BioCatters, LLC explained this is not technology they are inventing, itis already being used today. In California, 18 wheelers are running on hydrogen. There are over 500 fueling stations up from 200 from 11 1/2 years ago. They will be increasing that number to 1000 within the next 2 years. Everything is being funded through the private equities there are Kerry Waldrip of the Fort Stockton Pioneeri inquired ift the end product would have to be making this beneficial to them as well. hydrogen. no governmental funds. refined in a factory before it is distributed out. Landon Gonzalez of] BioCatters, LLC responded most oft the refinement will be done near the coast. He elaborated the thing about batteries is that they decay over time. The nice thing is you can store hydrogen and convert it back to power. Page 1224 33. Adjourn. Motion was made by Council Member Ruben J Bernal, seconded by Council Member Paul Jerome Chavez, and carried unanimously to adjourn the Regular City Council Meeting at' 7:34 p.m. Council Member Darren Hodges, Council Member Paul Jerome Chavez, Mayor Pro-Tem James Warnock, Council Member Ruben J. Bernal, Council Member Ruben Falcon voted aye. Paul Caxar Paul Casias, Mayor TTEST: AALCUatu Marina A. Cantu, City Secretary Page 1225