City Council - Regular Meeting

Let me call to order the 1,907th meeting of the Deer Park City Council.

We're going to open up with our invocation by Councilman Eric Ripley and the Pledge of Allegiance by Councilman Georgia Ford.

Let's pray.

Heavenly Father, we just thank you for the loving and caring Father that you are. God, you're our provider. You provide us with everything that we need, the breath of life, God. And we know your work here in this community, God. We're so thankful for that. We just are thankful for everything you do for this city. We're thankful for our city employees, for our first responders, God. We just pray that you continue to keep them safe as they protect us, God. And we're just so thankful to live in a community, the community that we do. And we're thankful for all the work that goes into making this such a great place to live, God. We're just thankful for just everything you do for us, God. And I just pray that you will guide and direct us tonight, that your will be done, God. We're just thankful for your son, Jesus, who died on the cross for our sins. It's in your name we pray. Amen.

Please join me in the pledges to the American and Texas flag.

Did I not hear?

Any aspect of you thanking God for what you went through last week and keeping your wife around?

There's a lot of thanks for that. And also I want to thank everybody that reached out. I appreciate those prayers and support. I appreciate that.

Well, if y'all are not aware, and I think y'all should, but his wife ended up in the hospital last week, and he's got more to be grateful for than most of us because she's still around and walking. She needs to show him how to put a pot in the coffee maker so he can learn how to do that.

All right, let's get on to business.

Oh, OK. Did anyone sign up to speak?

Yes, sir. Jim Dutton with the Pasadena Rodeo.

We've got a council member telling me to move forward. I'm pretty sure that's what he did. It was just a suggestion. It wasn't out of order.

That was Councilman Griffith.

Well, we're here to talk about Passing Livestock Show and Rodeo. I'm Jim Dutton. Brittany Hammerly, she is our new executive director. She took Sherry Free's position when Sherry moved into the convention center. So last year, from the 26th show till now, the Passing Livestock Show and Rodeo gave back over $700,000 to the youth of the area. On top of that, we did another 60,000 approved to go to school districts where we put in things that help with training kids to go out into the workforce. I think Deer Park actually got some, didn't they? Yep. So we've been steadily expanding. We bought new pens for the kids to be able to show their animals better because our equipment was getting old. All together. We put back into the community a little over a million dollars in the last year. This year, we're going to be hopefully doing the same thing. We got a big lineup for the rodeo this year. We'd like to invite all the council members out. We've got badges that we're going to give to you. But it takes a lot of people working together to make this happen. And there is a lot of volunteers from Deer Park that come out and happen. And quite frankly, Deer Park students get a big chunk of the money that goes out, because they raise animals, they bring them, and they show them, and they place and win. So it's good for everybody all the way around. But we want to invite you out. The cook-off starts September 11th and 12th. Then the rodeo itself is September 18th through the 26th. And of course, you got passes to come out, so please come out and join us.

Thank you very much. Well, that was short and sweet. I was going to brag.

I learned from you last evening.

Yeah. You did good. I would like to publicly compliment him. I think his efforts in that organization has taken it to new heights. When he throws them dollar figures around, that's going back into kids. A lot of them are not only from Deer Park, but from this whole area. It's a benefit. And thank you so much for all your efforts. Anybody else want to say anything positive about that?

You know, being a volunteer is a tough thing. So we know it takes a lot of time. It takes a lot of time. Much appreciated. We appreciate that, what you do for the kids and the whole community, for sure.

Thank you, sir. Anyone else?

No, sir.

Moving on to consent calendar. Move for approval. Second. I have a motion by Councilman Yen and a second by Councilman Haight. Any discussion? All in favor? Aye. All opposed? Motion carries. Moving on to new business agenda item number two, consideration of an action on accepting completion of the concrete improvements at the Avon elevated water storage site by SKE Construction via the tips.

Move for approval. Second.

Any motion by Councilman Garrison and a second by Councilman League? Ripley. Ripley, yeah.

Well, I'm Martin, now I'm League. What's next?

I don't know. I just heard her murmur. I just thought it was Justin. I got a motion and a second. Any discussion? All in favor? Aye. All opposed? Motion carries. Agenda item number three, consideration of an action on accepting completion of the concrete improvements at the Wastewater treatment plant by SKE Construction via the tips. Move for approval.

Second.

I have a motion by Councilman League, a second by Councilman Haag. Any discussion? All in favor? Aye. All opposed? Motion carries. Agenda item number four, consideration of and action on amending the original agreement with Studio Red for design services for the theater court building.

Move for approval.

Second.

I have a motion by Councilman Ginn and is that a second by Councilman Ripley?

Any discussion? R-I-P-L-E-Y.

Huh? R-I-P-L-E-Y. They're making fun of me because for the first month I kept calling them Councilman Martin. And then I switched to Martin Ripley. Now I got it down to Ripley and now they're trying to teach me how to spell his name. Any more discussion? All in favor? Aye. All opposed? Motion carries. Agenda item number five, consideration of an action on authorization to make payment toward the second year of the 10-year agreement with Motorola Solutions for Premier One software suite. Move for approval.

Second.

I have a motion by Councilman League, a second by Councilman Haight. Any discussion? All in favor? Aye. All opposed? Motion carries. Item number six, consideration of an action on approval of performance evaluation of the city manager. Move for approval.

Second.

A motion by Councilman Ginn, a second by Councilman Haight. Any discussion? No? None? Nobody wants to say anything?

We already discussed.

We already discussed it? And we're all happy? Yes. All in favor? Aye. All opposed? Motion carried. Yes, we are all happy with your performance, Mr. Stokes. You've done a good job. Thank you. He's not saying anything. He's just keeping his mouth shut. He's a good city man. Moving on to agenda item number seven, consideration of an action on casting the City of Deer Park's votes in the election of members of the Board of Trustees to the Texas Municipal League Intergovernmental Risk Pool.

Move for approval. Second.

I didn't click on the link. Who are we voting for? Is that already decided?

There we got it. Buzz and Emily and Corby, our next door neighbor in Austin, please. He's the manager of Jersey Village. What's your pleasure, council?

Move for approval. Second.

I have a motion by Councilman League, a second by Councilman Garrison. Any discussion? All in favor? Aye. All opposed? No. Motion carries. Agenda item number eight, consideration of an action on the annual review and an ordinance adopting the city's investment policy. Mr. Fox.

An ordinance amending the Deer Park cut of ordinances by replacing chapter two administration article seven finance on all of the division three investment policy.

Move for approval. Second. I have a motion by Councilman Ginn. A second by Councilman Ford. Any discussion? All in favor? Aye. All opposed? Motion carries. Agenda item number nine, consideration of an action on ordinance amending sections 106-25, appendix B, C of the Code of Ordinance Pertaining to Water and Sewer Rates. Mr. Fox.

Ordinance amending certain portions of the section 106-25, B and C, of the Code of Ordinances of the City of Deer Park, Texas concerning water and sewer rates, providing effective dates and providing repealer clause, providing for severability.

Second. I have a motion by Councilman Ripley, a second by Councilman League. Any discussion? All in favor? Aye. All opposed? Motion carries. Agenda item number 10, consideration of an action on ordinance amending chapter 22, section 22-48, mobile food service units. Mr. Fox.

An ordinance amending Chapter 22, Business Article 3, Food Service Establishment Section 2248, Mobile Food Service Units of the Code of Ordinances of the City of Deer Park, amending definitions, defining approved zones, clarifying application process, providing for a penalty, and providing for an effective date.

Move for approval. Second. I have a motion by Councilman Ginn, a second by Councilman League. Any discussion? All in favor? Aye. All opposed? Motion carries agenda item number 11, consideration of and an action on ordinance granting a franchise agreement to Marathon Pipeline LLC. First reading. OK. Is this going to take a while? Yeah. Can I go get dessert and coffee and all that? Please. Yeah.

An ordinance granting Marathon Pipeline LLC its successors and sons the right privilege and franchise to construct, lay, maintain, operate, and use pipeline in, under, and across streets, avenues, parkways, purpose of transporting refined petroleum products, approving for an updated rental fee, annual fee, providing for indemnity clause, providing that this franchise shall not be exclusive, reserving all powers of regulation, in an extension or length of term to 30 years in providing a penalty by fine of up to $2,000 for each day's violation, be it ordained by the City Council of the City of Deer Park, so to the compliance of the terms, conditions, and provisions of this ordinance, the City of Deer Park, herein called a grantor, does hereby grant to Marathon Pipeline LLC its successors and sons, herein called a grantee, the right privilege and franchise to construct, to lay, maintain, operate, and use under, across, and along any and all of the present and future streets as described in Grantee's proposal. Herein to file with the City Secretary a pipeline for the purpose of transporting refined petroleum products. Grantee's facilities shall be so constructed and maintained not to interfere unreasonably with the existing water lines, sanitary sewer lines, storm sewer lines, telephone lines, telegraph lines, gas lines, or any appurtenances to any of the same. or with ordinary travel across the public streets, sidewalks, thoroughfares, and ways, if grantor, or the flow of water of any gutter or drain. Within the streets or in other public ways of the grantor, The location, route, and all facilities here for and hereto placed in construction shall be placed and constructed by grantee and in construction and maintenance of its pipelines within the corporate boundaries of the grantor shall be subject to the reasonable and proper regulation, control, and direction by grantor of any official of grantor when such duties have been or may be to be duly delegated, which regulation and control shall include, but not waive by any limitation the right required to relocation of grantees facilities exclusive of facilities installed for services exclusively for grantor and grantees cost within the present proposed or future proposed streets, both public and private, and places where such shall be reasonably necessary or any reason to be. Sorry. or necessary on any reason held to be constitutional, void, or invalid by any reason unenforceable, the validity of the remaining portions of this ordinance shall be effected thereby. And in being the intent of the grantor adopting this ordinance, the portion of, hereof, in provision or regulation imminent herein shall become imperative or fail by reason of any unconstitutionality or invalidity of any other portions, provisions, or regulations into this in all provisions of this ordinance shall be declared to be severable. Any person, firm, or corporation who violates the provisions of this ordinance shall be charged with a misdemeanor upon conviction or may be fined or any sum not to exceed $2,000. And each day's violations constitute a separate offense. It is officially found and determined that the meaning of this ordinance was adopted was open to the public and the public Notice of time, place, and purpose of said meeting was given all and required by Chapter 551 of the Government Code of the State of Texas. This ordinance, or the caption thereof, shall be read at least three times at regular meetings of the City Council of the City of New York Park, Texas, and shall be finally acted upon until, at best, 42 days after the first reading hereof. It shall be in take effect if passed at that date. Sorry. OK, that's it. That's it? Yeah, I didn't wear my glasses, so I'm sorry.

I didn't get all that. You went from section two to page and a half. Yeah.

Oh, OK. I don't have it. That's all I got.

Can you read off the screen? OK, yeah, I can read it. I'm sorry.

Yeah, we can follow.

Good news, there's more reading. OK, well, OK.

OK, account of installation, relocation, change, removal, or addition of grantors, water, sanitary sewer, storm sewer, line or pertinences, the lighting, paving, repaving, change of grade. Relocation of the construction by grantor within such present proposal or future proposed public or private streets, places, or ways. The surface of said public road, highways, streets, lanes, alleyways, and other public places disturbed by grantee in erecting, constructing, maintaining, operating, using, extending, removing, replacing, or repairing any of its pipelines shall be restored immediately within the completion of the work as a good conditions and as before the commencement of the work. and maintain the satisfaction of grantor or any official grantor to whom such duties may have been duly delegated for one year from the date the surface of said public road, highway, street, lane, alley, or other public place is broken for any such construction, maintenance, or removal work. Grantee shall, as soon as reasonably possible, notify the city's fire and police departments of the commencement of any of the aforesaid work, giving the location and extent of the public road, highway, street, lane, alley, or other public place shall be encumbered by the construction, maintenance, and removal work of the grantee for a longer period of time than shall be necessary to execute such work. A grantee agrees to pay an initial fee of $1,000 for this franchise, an annual fee thereafter the sum of $1,500 payable annually. in advance on or before the anniversary date of the final passage of this ordinance. Grantee agrees by the accepting of the franchise to save the city of Deer Park harmless from all liability for injury, damage to any person or persons or property caused by the construction, maintenance, operation, repair, or removal of any part of all such pipeline and to pay the city of Deer Park all damages caused to the city for any reason in such matters, including without limitations, thereby the cost of repaving, any cut in the pavement with materials approved by the city manager repairing all excavations made by the grantee in any street alley or public place. Nothing herein contained shall ever be held or considered to confer upon grantees and its assessors and signs any exclusive rights or privileges in any nature whatsoever. The grantor by the granting of this franchise does not surrender and to any extent lose, waive, or impair or lessen the lawful powers or rights now therefore after vested in the grantor to regulate the operation.

Okay, I know, but I've read. Yeah, we went to the next page.

Oh, this is the next page?

Okay. Oh, this pipeline and green tea bars is... Acceptance of this franchise agrees that all such lawfully regulatory powers and knights of the same may be from time to time vested in the grantor shall be in full force and effect and subject to the exercise thereof by the grantee at any time and from time to time. Granting this franchise it is understood that lawful power vested by law and the grantor is to regulate all public utilities within the grantor and to regulate The local rates of the public utilities within the grantor are within the limits of the Constitution and laws and require all persons, corporations, in charge of duties and undertakings for the performance of which this franchise is made is reserved and this grant is made subject to all lawful rights, powers, and authorities by regulation or otherwise reserved to the grantor by law. The terms and conditions shall be equally binding upon the successor signs of grantee and appointee any person or company or firm which may be succeeded or acquired through the properties of a grantee within the grantor or city. The continued operation of a grantee's pipeline shall be deemed in agreement with all the terms hereof. The city shall have the right to inspect any part of a grantee's pipeline or facility within the grantor or city at any reasonable time and from time to time. The grantee shall within 30 days from the date of this ordinance is finally passed, file with the grantor a written statement signed in his name on behalf of the following forum to the City of Deer Park. The grantee for itself and successors and signs hereby accepts the above and foregoing ordinance and agrees to be bound by all the terms and provisions. Signed by Marathon, Papon, LLC. Subject to compliance or a grantee within the terms hereof of this franchise is so accepted shall take effect upon the date of acceptance this franchise shall be valid for a term of 30 years. If any portion or section or subsection, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional or void or invalid or for any reason will unenforceable the utility of the Remaining portions of the ordinance shall be not be affected thereof it being that meant intended the grantor adopting this ordinance to the no portions hereof or provision or regulation contained herein shall be become inoperative or failed By reason of any unconstitutional of invalidity of any other portion provisions or regulations that And to this end, all provisions of this ordinance shall be declared to be severable. If any person, firm, or corporation who shall violate any of the provisions and terms in this ordinance may be charged with a misdemeanor upon conviction may be fined to the sum not exceeding $2,000. And each day's violation shall constitute a separate offense. It is officially found and determined that this meeting which this ordinance was adopted, was open to the public in the public notice of the time, place, and purpose of said meetings, given all that's required by Chapter 551 of the Government Code to Save Texas. The ordinance or caption thereof shall be read at least three regular meetings of the City Council of the City of Deer Park, Texas, and shall not be active point until at least 42 days after the first reading thereof. It shall take effect if passed on that day.

That's it.

Can you breathe?

And if you enjoyed that, we've got two more readings, so make sure y'all come for the next couple of meetings. So, Council, we have a first reading. What's your pleasure?

Move for approval.

Second. I have a motion by Councilman Ford, a second by Councilman Lee. Any discussion? Now, y'all need to be here for the next two meetings to make sure we can all enjoy it, especially you, Mr. Lee. Any more discussion? All in favor? Aye. All opposed? Motion carries. Agenda item number 12, consideration of an action on a resolution authorizing and approving participation authorization in the local trust Texas investment pool. Mr. Fox.

Participation authorized in the local trust Texas investment pool.

That's all there is. Yes, sir. Mayor, I wanted to point out that this isn't just any pool. This is a pool in which Nicole is on the board of their directors.

That's a real honor that they would ask her to do that. Is he supposed to read all this?

We also know who to blame if we don't get the investment revenue that we're hoping for.

Does it say Nicole Vanessa? It says Vanessa. Okay, thank you. I was just making sure. Then I'll vote to pass it.

No, seriously, that's a big deal, but to ask Nicole to do that.

Awesome. Well, thank you. We appreciate it.

What's your pleasure, Council? Move for approval.

Second. I have a motion by Councilman Ginn, and who did you hear for the second? Councilman Hayes. Councilman Hayes, second. Any discussion? None other than Mr. Stokes putting some extra pressure on you for something. I'm not sure what that was. All in favor? Aye. All opposed? Motion carries. Agenda item number 13, consideration of an action on purchasing the services of SKE Construction to perform the additional concrete pads and sidewalks at the water waste treatment plant via TIPS contract.

Move for approval.

Second. With a motion by Councilman Hayes, second by Councilman Ripley. Did I say it right? You got it. Thank you. Any discussion? All in favor? Aye. All opposed? Motion carries. Agenda item number 14, consideration of and an action on purchasing services of Fuqua Inc. for the purpose of forming a manhole rehabilitation project via the buy board.

Move for approval.

Second. A motion by Councilman Lee is second. Councilman Ginn, any discussion? All in favor? Aye. All opposed? Motion carries. Agenda item number 15, consideration of an action on approving the purchase of LED Max Mod 106 mobile screens display and trailer for $53,000 from Musco Lighting Inc. per tips. Who for approval?

Second.

I have a motion by Councilman Ripley, a second by Councilman Haight. Any discussion? All in favor? Aye. All opposed? Motion carried. That's all the items we have for tonight. This meeting is adjourned. We use that sign for beach report.