[I. COMMENCEMENT]
[00:00:02]
NOTICE IS HEREBY GIVEN OF A COUNCIL MEETING TO BE HELD ON THURSDAY, APRIL THE THIRD, 2025 AT 7:00 PM IN THE COUNCIL OF CHAMBERS OF KLUT CITY HALL, LOCATED AT 1 0 8 MAIN STREET, KLUT, TEXAS 7 7 5 3 1.FOR THE BELOW LISTED ITEMS, CITY COUNCIL RESERVES A RIGHT TO ADJOURN TO EXECUTIVE SESSION AT ANY TIME DURING THE COURSE OF THIS MEETING TO DISCUSS ANY MATTERS LISTED ON THE AGENDA AS AUTHORIZED BY THE TEXAS GOVERNMENT CODE, INCLUDING BUT NOT LIMITED IN SECTIONS 5 5 1 0 7 1.
CONSULTATION WITH AN ATTORNEY, 5 5 1 0 7 2 DELIBERATION ABOUT REAL PROPERTY, 5 5 1 0 7 3.
DELIBERATION ABOUT GIFTS AND DONATIONS, 5 5 1 0 7 4 PERSONNEL MATTERS.
DELIBERATION ABOUT SECURITY DEVICES 5 5 0 8 7.
ECONOMIC DEVELOPMENT 4 1 8 7 5 1 8 3.
DELIBERATION IS ABOUT HOMELAND SECURITY ISSUES AND IS AUTHORIZED BY THE TEXAS TAX CODE.
INCLUDED BUT NOT LIMITED TO SECTION 3 2 1 0.3022 SALES TAX INFORMATION.
THE AGENDA MEETING PACK VIDEO LINK ARE POSTED AT THE CITY'S WEBSITE@WWW.TEXAS.GOV.
TO ADDRESS THE COUNCIL DURING PUBLIC COMMENTS, A GENERAL PUBLIC COMMENT FORM MUST BE COMPLETED AND PRESENTED TO THE CITY CLERK BEFORE THE START OF THE COUNCIL MEETING.
SPEAKERS MUST LIMIT, MUST OBSERVE THE FIVE MINUTE TIME LIMIT AND A RECORDING OF THE VIDEO MEETING WILL BE MADE AVAILABLE UPON WRITTEN REQUEST TO THE PUBLIC IN ACCORDANCE WITH THE MEETINGS ACT MEETING HAS NOW BEEN CALLED TO ORDER SINCE WE HAVE SO MUCH CLERGY IN HERE TONIGHT, BROTHER RONALD, WOULD YOU CARE TO BLESS OUR MEETING? WOULD NOT MIND.
HEAVENLY FATHER, THANK YOU FOR THE GLORIOUS PRIVILEGE OF BEING ABLE TO COME BOLDLY TO THE THRONE OF GRACE.
AND TONIGHT, LORD, WE PRAY YOUR BLESSINGS UPON THIS MEETING.
WE PRAY FOR WISDOM AND UNDERSTANDING UPON ALL OF THOSE INVOLVED OUR CITY COUNCIL ALL THE WAY THROUGH, I PRAY IN JESUS' NAME, YOUR WILL BE DONE FOR THIS CITY, FOR THOSE REPRESENTED HERE TONIGHT.
AND I PRAY THESE THINGS IN JESUS' NAME.
A P TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WILLING AND JUSTICE, JUSTICE FOR ALL.
UH, WE NOW HAVE ROLL CALL CALVIN SHIFFLET.
JOE LOPEZ PRESENT, FRANCIS VAUGHN.
NEXT ITEM, THOSE COMMENTS, I SEE NONE SIGNED UP.
SO WE WILL FOREGO THAT SECTION
[III. CONSENT AGENDA]
AND MOVE INTO THE AGENDA.AND THE FIRST ITEM IS CONSENT AGENDA AND ITEMS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED ROUTINE AND GENERALLY ENACTED IN ONE MOTION.
THE ACCEPTED OF THIS RULE IS THAT COUNCIL MEMBERS RAY, REQUEST ONE OR MORE OUT IF WE REMOVED FROM THE CONSENT AGENDA FOR SEPARATE ACTION.
TONIGHT'S CONSENT AGENDA CONSISTS OF MINUTES OF REGULAR COUNCIL MEETING FEBRUARY 27TH, 2025 AT 7:00 PM UH, ITEM B OF RAT RATIFYING THE CITY MANAGER'S SIGNATURE AUTHORIZING THE BRAZORIA COUNTY MOSQUITO DISTRICT TO DO AERIAL SPRAYING OVER OUR CITY AND SEE A PRELIMINARY BUDGET CALENDAR FOR FISCAL YEAR 2025.
DO I HAVE A MOTION TO APPROVE THE CONSENT AGENDA? I MOVED.
MOVE BY COUNCIL FIRST VO I SECOND BY COUNCILMAN AGUILAR.
ANY ITEMS NEED TO BE REMOVED? ANY DISCUSSIONS, ANY QUESTIONS? HEARING NONE, I WILL ENTERTAIN A VOTE.
[IV. BUSINESS ITEMS]
MOVE INTO BUSINESS ITEMS AND FIRST ITEM IS PROCLAMATION.IT'S A LITTLE BIT LATE, BUT BETTER LATE THAN EVER.
UH, PROCLAMATION
WHEREAS CESAR CHAVEZ DAY ON MARCH 31ST IS A FEDERAL COMMEMORATIVE HOLIDAY CELEBRATING THE HONOR OF THE ENDURING LEGACY OF THE AMERICAN LABOR RIGHTS HERO.
WHEREAS THROUGHOUT HIS LIFE OF WORK AND SERVICE, SAY ARCH CHAVEZ EMPOWERED THOUSANDS TO STAND TOGETHER FOR THEIR RIGHTS AND LEAD OUR NATION TOWARD A MORE EQUITABLE AND JUST SOCIETY.
HIS VISIONARY LEADERSHIP INSPIRED A POWERFUL MOVEMENT THAT BURNS BRIGHTLY TO THIS DAY, RALLYING PEOPLE FROM ALL WALKS OF LIFE TO CHAMPION THE DIGNITY OF WORK.
AND WHEREAS MARCH 31ST IS A REMINDER THAT THE POWER OF WORKERS
[00:05:01]
COMING TOGETHER TO BARGAIN FOR A BETTER DEAL IS WHAT BUILT THE AMERICAN MIDDLE CLASS AND MADE POSSIBLE THE AMERICAN DREAM.CHAVEZ TAUGHT US AMBITIONS MUST BE BROAD ENOUGH TO INCLUDE THE ASPIRATIONS AND NEEDS OF OTHERS FOR THEIR SAKE AND FOR OUR OWN.
AND WHEREAS WE PUSH TO BUILD LADDERS OF OPPORTUNITY FOR EVERY AMERICAN TO CLIMB, WE RECALL HIS RESILIENCE THROUGH SETBACKS, HIS REFUSAL OF SCALE, BACK HIS DREAMS. NOW THEREFORE, OUR CALVIN SHIFFLET MAYOR OF THE CITY, UDE DEAR HEREBY HEREBY PROCLAIM MARCH 31ST, 2025, THAT AZAR CHAVEZ DAY AND WITNESS WHERE I HERE TWO SET BY HAND AND CAUSE THE SEAL OF THE CITY PLEA TO BE AFFIXED THIS THIRD DAY OF APRIL, 2025.
AND IT WOULD BE SIGNED BY MYSELF AND TO TESTIFY ROSIE POINT, THE CITY CLERK.
AND THE NEXT ONE WOULD BE ANOTHER PROCLAMATION PROCLAIMING FAIR HOUSING COSTS, SEE, INCLUDE PROCLAMATION.
WHEREAS DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HAS INITIATED THE SPONSORSHIP OF ACTIVITIES DURING THE MONTH OF APRIL OF EACH YEAR, DESIGNED TO REINFORCE THE DEPARTMENT'S COMMITMENT TO THE CONS CONCEPT OF FAIR HOUSING AND EQUAL OPPORTUNITY.
WHEREAS THE CITY OF FLU AFFIRMATIVELY SUPPORTS THE EFFORTS OF THE FEDERAL GOVERNMENT AND THE STATE OF TEXAS TO ASSURE EQUAL ACCESS TO ALL AMERICAS, TO RENTAL, HOUSING AND HOME OWNERSHIP OPPORTUNITY.
WHEREAS THE CITY OF FLUTE WELCOMES HIS OPPORTUNITY TO REAFFIRM HIS COMMITMENT TO PROVIDE EQUAL ACCESS TO HOUSING TO ALL OF HIS RESIDENTS WITHOUT REGARD TO RACE, COLOR, RELIGION, SEX, INCLUDING GENDER IDENTITY AND SEXUAL ORIENTATION, DISABILITY, FAMILIAR STATUS, NATIONAL ORIGIN OR SOURCE OF SOURCE OF INCOME.
AND WHEREAS THE CITY OF CLU AFFIRMATIVE SUPPORTS PROGRAMS THAT WILL EDUCATE THE PUBLIC CONCERNING THEIR RIGHTS TO EQUAL HOUSING OPPORTUNITIES AND TO PARTICIPATE IN EFFORTS WITH THE OTHER ORGANIZATIONS TO ASSURE EVERY PERSON THEIR RIGHT TO FAIR HOUSING.
AND WHEREAS THE CITY OF CLU IS HONORED TO JOIN THE FEDERAL GOVERNMENT, THE STATE OF TEXAS AND LOCAL JURISDICTIONS ACROSS AMERICA, AND CELEBRATE THE RICH DIVERSITY OF OUR PEOPLE AND THE RIGHTS OF ALL CITIZENS TO LIVE WHERE THEY CHOOSE WITHOUT FEAR OF DISCRIMINATION.
THE CITY INCLUDE TEXAS DOES HEAR PROPER CLAIM, APRIL AS THE MONTH TO CELEBRATE AND HONOR ALL EFFORTS WHICH GUARANTEED THE RIGHT TO LIVE FREE OF DISCRIMINATORY HOUSING AND PRACTICES AND PROCLAIM THIS MONTH AS FAIR HOUSING MONTH, AND URGE ALL LOCAL OFFICIALS AND PUBLIC PRIVATE ORGANIZATIONS TO JOIN ACTIVITIES DESIGNED TO FURTHER FAIR HOUSING OBJECTIVES.
THE WITNESS WHERE I HERE I TO SET MY HAND AND CAUSE A SEAL OF CITY CLUE TO BE AFFIXED THIS THIRD DAY OF APRIL, 2025, SIGNED BY MYSELF AND TO TESTIFY BY
NEXT ITEM WOULD BE CONSIDERATION OF POSSIBLE ACTION TO ADOPT RESOLUTION NUMBER 12 DASH 2025, ACCEPTING THE DONATION FROM THE ROCK CHURCH FOR THE PROPERTY LOCATED AT 5 0 8 SOUTH MAIN STREET, CLUTE, TEXAS.
AND IT WOULD BE RESOLUTION NUMBER IT YES, SIR.
RESOLUTION NUMBER 12 DASH 2025, A RESOLUTION OF THE CITY COUNCIL, THE CITY OF KLU, TEXAS AUTHORIZING THE CITY TO ACCEPT THE DONATION REAL PROPERTY TO WITH 5 0 8 SOUTH BAY, INCLUDE TEXAS, PROVIDE THIS RESOLUTION SHALL TAKE EFFECT TO BE ENFORCED FROM AND AFTER ITS PASSAGE AND ADOPTION.
WHEREAS ROCK CHURCH LAKE JACKSON SEEKS TO DONATE A CERTAIN PARCEL OF REAL ESTATE TO THE CITY OF CL AS DESCRIBED IN THE LEGAL DESCRIPTION CONTAINED BELOW.
AND WHERES PROPERTY CONTAINED A DILAPIDATED AND UNSAFE BUILDING THAT IS THAT CONSTITUTED HAZARD TO THE PUBLIC AT LARGE, WHERE THE CITY OF CLUTE FIND THAT IT IS IN THE BEST INTEREST OF THE CITIZENS OF CL TO OBTAIN THE REAL PROPERTY, MAKE THE PROPERTY SAFE, AND USE SUCH PROPERTY FOR THE BENEFIT OF THE CITIZENS OF CLUE NOW THEREFORE, IT BE REVIVED BY THE CITY COUNCIL, CITY OF FLUTE, TEXAS.
THAT FIRST, THE CITY THAT THE CITY COUNCIL FINDS THAT THE FACTS SET FORTH AND THE PREAMBLE ABOVE ARE TRUE AND CORRECT.
SECOND, THAT THE CITY SHALL ACCEPT DONATIONS
[00:10:01]
OF THE FOLLOWING REAL PROPERTY FROM THE ROCK CHURCH OF LAKE JACKSON SOUTH, 28 FEET BY 85 FOOT PORTION OF LOT TWO OF THE RC THOMAS AND THE AB MALLORY SUBDIVISIONS OF TRACK 4 44 DIVISION 14 OF THE BRADS COAST INVESTMENT COMPANY SUBDIVISION, A CAL LEAGUE RAC 49, BRAZO COUNTY, TEXAS.ACCORDING TO THE RECORDED MAP AND PLAT OF SAID THOMAS AND MALLORY SUBDIVISION APPEARING IN VOLUME FOUR AT PAGES 73 AND 74 OF THE PLATTER RECORDS OF BRAZO COUNTY, TEXAS.
THIRD, THIS RESOLUTION SHALL TAKE EFFECT BEING FOR FORCED FROM AND AFTER ITS PASSAGE AND ADOPTION READ PASSED AND APPROVED.
IT WOULD BE THIS THIRD DAY OF APRIL, 2025 WOULD BE AS TESTED BY MYSELF.
I WAS SIGNED BY MYSELF AND TESTED BY ROSIE PO WITH CITY CLERK AND APPROVED AS TO FORM BY OUR CITY ATTORNEY CHRISTOPHER DUNCAN.
WE DISCUSSED THIS PROPERTY, I GUESS IN OUR FIRST MEETING IN MARCH.
THE PROPERTY, UH, AS WE KNOW IS IN PRETTY TOUGH SHAPE.
UH, THE CHURCH HAS REACHED OUT TO US, UH, SEEKING OUR ASSISTANCE IN TAKING IT ON BECAUSE QUITE FRANKLY, IT'S A, A SIGNIFICANT COST TO THEM TO TRY AND TAKE THE BUILDING DOWN SAFELY.
THERE IS ASBESTOS ON THE SITE, BUT WE THINK IT CAN BE CONVERTED PRETTY REASONABLY, UH, TO A USABLE PUBLIC SPACE AND WOULD TIE INTO OUR LIVABLE CENTERS PROGRAM.
SO, UH, STAFF RECOMMENDS THAT WE APPROVE THE RESOLUTION AND ACCEPT THE PROPERTY AS, AND I AM GUESSING THIS IS ASSUMING THAT WE DO THE RESEARCH AS FAR AS ANYTHING ELSE OUTSTANDING, WHICH I'M SURE THERE'S NOT, BUT AS FAR AS I KNOW, WE HAVE ANOTHER ONE ON HERE THAT YEAH, WE'VE GOT ANOTHER ONE WITH PROBLEMS. ANOTHER ONE WE'RE GONNA ASK YOU TO POSTPONE, BUT THIS ONE YES.
I MEAN FULLY, LEGALLY OWNED BY THE ROCK TUR, CORRECT? YEAH.
I'LL MAKE THE MOTION TO APPROVE A MOTION BY COUNCILMAN AGUILAR THAT WE APPROVED THE RESOLUTION HAS WRITTEN AND SECONDED BY COUNCILMAN CHRIS.
HAVE MOTION IN A SECOND FOR THE DISCUSSION.
HEARING NONE, I'LL ENTERTAIN A VOTE.
NEXT ITEM WOULD BE CONSIDERATION POSSIBLE ACTS TO ADOPT RESOLUTION NUMBER 13 DASH 2025.
ACCEPTING THE DONATION FOR ROOF'S ALLOWED FOR THE PROPERTY LOCATED IN SEVEN 16.
STAFF ASKED TO HAVE THIS ITEM POSTPONED, AND AT THIS TIME I HAVE A REQUEST THAT THIS ITEM BE TABLED FOR LATER DISCUSSION.
SO MOVE MOVED BY COUNCIL CHRIS, I SECOND BY COUNCIL AGUILAR PENDING NO DISCUSSION.
AND THE NEXT ITEM WOULD BE TO DISCUSS AND CONSIDER RESOLUTION NUMBER 14 DASH 2025.
IT WOULD BE A RESOLUTION TO SUSPEND THE EFFECTIVE DATE PROPOSED BY CENTER POINT ENERGY RESOURCES TEXAS DIVISION TO INCREASE RATES UNDER THE GAS RELIABILITY INFRASTRUCTURE PROGRAM FOR 45 DAYS AND AUTHORIZE THE CITY'S CONTINUED PARTICIPATION IN THE COALITION OF CITIES KNOWN AS THE ALLIANCE OF CENTER POINT MUNICIPALITIES, TEXAS GULF COAST UTILITY COALITION, AND IT WOULD BE RESOLUTION NUMBER 14 DASH 1 25, RESOLUTION BY THE CITY OF FLUTE TEXAS CITY REGARDING THE APPLICATION OF CENTER POINT ENERGY RESOLUTIONS, COURT RESERVE RESOURCES COURT, TEXAS DIVISION TO INCREASE THE RATES UNDER THE GAS RELIABILITY INFRASTRUCTURE PROGRAM, SUSPENDING THE EFFECTIVE DATE OF THIS RATE APPLICATION FOR 45 DAYS, AUTHORIZING THE CITY TO CONTINUE TO PARTICIPATE IN A COALITION OF CITIES, NOW KNOWN AS THE ALLIANCE OF CENTER POINT MUNICIPALITIES, TCUC, DETERMINING THAT THE MEETING ACT, WHICH THIS RESOLUTION WAS ADOPTED, COMPLIED WITH THE TEXAS OPEN MEETINGS ACT, MAKE IT SUCH OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT AND DECLARED INEFFECTIVE DATE.
I WON'T READ ALL THIS OTHER STUFF.
THIS IN ESSENCE DELAYS THE, UH, THE IMPLEMENTATION OF THE FEE SO THAT WE CAN MAKE OUR APPEAL TO THE PUC, UH, AND REDUCE HOPEFULLY THE RATE PRESSURE THAT IT WOULD PLACE ON OUR USERS.
AS YOU CAN SEE, THE AGGREGATE OR AVERAGE, UH, IS ABOUT A 15% INCREASE ACROSS THE BOARD FOR ALL CUSTOMERS.
UH, IT WOULD ESPECIALLY, UH, INCREASE THE AVERAGE USER RESIDENTIAL
[00:15:01]
USER BY ABOUT $3 PER BILL, AND WE DON'T THINK THAT THEY HAVE FOLLOWED THE PROCESS THE WAY THEY'RE SUPPOSED TO, AND THEREFORE WE WOULD LIKE PERMISSION TO CHALLENGE IT.I MEAN, I WON'T SAY NOTHING, BUT I'LL MAKE A MOTION TO APPROVE.
I HAVE A MOTION BY COUNCILMAN AZAR THAT WE APPROVE RESOLUTION NUMBER 14 DASH 2025.
HEARING NONE, I'LL ENTERTAIN A VOTE.
NEXT ITEM WOULD BE RESOLUTION NUMBER 15 DASH 2025, AUTHORIZING THE MAYOR'S SIGNATURE FOR THE CSRS GRANT MANAGEMENT SERVICES CONTRACT, AND IT WOULD BE RESOLUTION NUMBER 15 DASH 2025.
A RESOLUTION OF THE CITY COUNCIL OF CITY OF CL TEXAS APPROVING MASTER SERVICES AGREEMENT BETWEEN THE CITY AND CR C-C-S-R-S INC.
FOR THE PROVISION OF ALL ONCALL GRANTS, PROCUREMENT MANAGEMENT AND FEMA PUBLIC ASSISTANCE SERVICES, WHEREAS THE CITY COUNCIL OF CITY INCLUDE UNDER PROVISIONS OR RESOLUTION OH FIVE DASH 2025.
PREVIOUSLY SELECTED C-C-S-R-S INC.
OF LAKE CHARLES, LOUISIANA AND GRANT WORKS OF AUSTIN, TEXAS TO CONTRACT FOR ON-CALL PROFESSIONAL SERVICES RELATED TO THE PROCUREMENT ADMINISTRATION OF SEIZE GRANTS AND FEMALE PUBLIC ASSISTANCE PROJECTS.
AND WHEREAS BY THE, THE CITY AND CSRS INC HAVE COLLABORATED TO DEVELOP THE MASTER SERVICE AGREEMENT ATTACHED HERE TO AS EXHIBIT A AND NOW THE THEREFORE BE RESOLVED AT THE CITY COUNCIL OF CITY OF CL TEXAS HEREBY APPROVES THE MASTER SERVICES AGREEMENT BETWEEN THE CITY AND CSRS FOR ON-CALL PROFESSIONAL SERVICES RELATED TO THE PROCUREMENT ADMINISTRATION OF C GRANTS AND FEMA PUBLIC ASSISTANCE PROJECTS.
FURTHER THAT THIS RESOLUTION ALSO AUTHORIZES THE MAYOR'S SIGNATURE FOR THIS AGREEMENT PATH AND ADOPTED THIS THIRD DAY OF APRIL, 2025, ASSIGNED BY MYSELF AND TESTIFIED A ROAD UPON THE CITY CLERK.
THIS IS THE ON CONTINUATION OF FORMALIZATION OF OUR USAGE OF CSRS.
THEY HAVE HELPED US WITH THE CURRENT HAZMAT, THE MID MOD PROGRAMS. UH, THIS WOULD BASICALLY ALLOW THEM TO HELP CONTINUE OUR, THEIR SERVICES FOR FUTURE GRANT PROCUREMENT AND ADMINISTRATION AND THEN ALSO THE FEMA.
UH, THEY'VE BEEN A GREAT HELP TO US ON THE FEMA, CAT A, CAT B, SO, UH, SUBMITTALS.
UM, AND BASICALLY THIS, WE HAD PROCURED THEIR SERVICE ON AN EMERGENCY BASIS FOR THE FEMA PROJECTS.
THIS WOULD BASICALLY SAY THAT THESE TWO FIRMS WOULD BE ACTING ON OUR BEHALF IN THE FUTURE IF WE HAD TO USE, USE THEM FOR FEMA.
IT DOESN'T REQUIRE THAT WE USE EITHER ONE IF WE THINK WE CAN ADMINISTER IT LOCALLY, UH, BUT THEY'RE, THEY WOULD BE AVAILABLE TO US TO PROVIDE THOSE SERVICES.
IS THIS THE SAME CSRS? I'VE BEEN WORKING WITH THEM FOR SOMETHING ELSE.
WE'RE WORKING WITH THEM ON SEVERAL DIFFERENT PROJECTS.
THEY'RE HELPING US WITH THE CURRENT FEMA PA SUBMITTALS, THE HAZARD MITIGATION, CDBG, HAZARD MITIGATION PROJECT GLO FOR THE IMPROVEMENTS ON FLAG LAKE AND, AND MONEY DRIVES, UH, DRAINAGE SYSTEMS. UH, THEY'RE WORKING WITH US ON THE MI MOD FOR THE PEN MONEY INLINE DETENTION PROJECT.
UH, AND THEN ALSO THE, UH, UH, RCP, THE, THE COMPREHENSIVE PLANNING PRO PROJECT.
SO THEY, THEY'VE, THEY'VE DONE EXCELLENT WORK FOR US THIS FAR AND, UH, WE WOULD LIKE TO CONTINUE THAT RELATIONSHIP AND THIS KIND OF FORMALIZES IT GOING FORWARD.
THE ONLY THING ON HERE IS THE, UH, ON THE ACTUAL RESOLUTION.
OF LACK CHARLES INSTEAD OF LATE, LATE CHARLES.
TYPE OF I SAID LIKE
AND WE'RE IN THE PROCESS OF NEGOTIATING THE MSA WITH, UH, GRANT WORK WAITING HERE.
GET THEIR DOCUMENTS BACK SO WE CAN BRING THAT TO YOU AS WELL.
SECONDED BY COUNCIL PERSON, MS. NIKKI.
WAIT A MINUTE,
NO, I WAS JUST, GOD BLESS YOU.
[00:20:03]
I HEARING DONE.SOMETHING SPRAY OUT THAT MIKE, I DON'T KNOW YOU.
I HAD TO GO TO SIT WITH MS. ROSE ONE.
GOT ANY BLUE MASKS DOWN THERE? JUST HIT HERE.
NEXT ITEM IS CONSIDERATION OF POSSIBLE ACTION TO ADOPT RESOLUTION NUMBER 16 DASH 2025, EXTENDING THE MASTER SERVICE AGREEMENT WITH CIVIL COURT LLC FOR CERTAIN ENGINEERING SERVICES.
TAKE THIS STUFF TOGETHER FOR TWO WEEKS.
A RESOLUTION OF THE CITY COUNCIL WITH CITY OF INCLUDE TEXAS EXTENDING PROFESSIONAL MASTER SERVICE AGREEMENT WITH SILVER CORP.
LLC FOR THE PROVISION OF PROFESSIONAL ENGINEERING SERVICES.
WHEREAS CIVIL CORP, LLC HAS PREVIOUSLY BEEN VETTED AND PLACED ON THE CITY'S APPROVED ENGINEERING POOL FOR SEVERAL YEARS NOW BASED ON THEIR EXPERTISE IN TRANSPORTATION AND GIS MANAGEMENT MANAGEMENT EXPERIENCE.
AND WHEREAS THE ORIGINAL MASTERS OF SERVICE AGREEMENT WAS SET FOR THREE YEARS WITH THE OPTION FOR RENEWAL, WHEREAS THEY RECENTLY MERGED WITH ANOTHER FIRM GRADUALLY EXPANDING THEIR RANGE OF PROFESSIONAL SERVICES.
WHEREAS THE CITY HAS ENGAGED CIVIL CORP TO ASSIST THE CITY WITH SERVICES RELATED TO THE RECOVERY FROM HURRICANE BARRELL AND MITIGATION OF FUTURE DAMAGES.
THE FACILITIES LIKE CITY HALL, THE RECORD BUILDING AND FIRE STATION NUMBER ONE.
AND WHEREAS THE CITY IS DESIRES OF CONTINUING THE RELATIONSHIP WITH CIVIL COURT THROUGH THE EXTENSION OF OUR MASTER SERVICES AGREEMENT.
NOW THEREFORE IT BE RESOLVED BY THE CITY COUNCIL OF CITY INCLUDE TEXAS, THAT THE PROFESSIONAL MASTER SERVICE PLAN AS ATTACHED IS HEREBY EXTENDED FOR A PERIOD OF ONE YEAR RED PASS AND ADOPTED THIS THIRD DAY OF APRIL, 2025, SIGNED BY MYSELF AND TESTIFIED BY ROSA APPOINTED AT 61ST MOTION TO APPROVE RESOLUTION NUMBER 16 DASH 2025.
I I'LL MAKE THE MOTION, BUT I HAVE A QUESTION AFTER I HAVE A MOTION.
DO I HAVE A SECOND? SO, MOVE SECONDED BY COUNCILPERSON BOND.
THE THESE, THIS IS THE PEOPLE THAT ARE GONNA FIX THE ROOFS.
THEY COMPLETED THEIR INSPECTIONS BOTH HERE AT CITY HALL, THE RECORDS BUILDING, AND NOW FIRE STATION NUMBER ONE.
WE SHOULD HAVE A REPORT IN THE NEXT WEEK OR TWO ABOUT THEIR RECOMMENDATIONS FOR FUTURE MITIGATION, INCLUDING THE INSTALLATION OF PITCH GROWTH AND THE PERMIT REPAIRS TO HOPEFULLY, UH, PREVENT THE DELUGE THAT WE ENJOY EVERY TIME WE GET A DECENT RAIN HERE.
BUT ARE THEY THE ONES THAT ARE GONNA ACT LIKE AS PROJECT MANAGERS OR THEY WERE JUST DOING THE SURVEYS? THEY DID THE SURVEY.
THEY'LL MAKE THE RECOMMENDATION AND THEN THEY'LL HELP US PROCURE AND DESIGN DESIGN AND BUILD A PROJECT.
WE'VE USED THEM, UH, SPARINGLY ON SOME SMALL PROJECTS.
UH, THEY RECENTLY MERGED WITH A FIRM OUT OF SOUTH CAROLINA, UH, THAT ALLOWS 'EM TO DO STRUCTURAL ENGINEERING AND BUILDING RETROFITS.
AND SO WE'VE ASKED THEM TO COME IN AND DO THIS.
TO BE REAL HONEST WITH YOU, WE TALKED TO I THINK THREE OR FOUR DIFFERENT ENGINEERING SERVICES TO TAKE A LOOK AT THIS BUILDING.
AND THEY WERE THE ONLY ONES THAT REALLY RESPONDED, UH, WITH ANY KIND OF URGENCY.
UM, AND WE RECOMMEND PROCEEDING AND CONTINUING THE MSA FOR AT LEAST ONE YEAR.
BUT THEY'RE NOT THE ONES THAT HAD, HAD BEEN FIXING THE ROOFS FOR YEARS.
THEY'RE, THEY'RE, THIS WAS THEIR FIRST LOOK AT THIS, THESE FACILITIES, THEY'RE GONNA GIVE US AN UPDATED CERTIFICATE.
MA'AM? ALL THESE INSURANCES EXPIRED IN 23.
AND I MEAN, I'M, I KNOW IF YOU DO YOUR VETTING, THEY'VE WORKED WITH OTHER CITIES AROUND US.
UH, I DON'T KNOW ABOUT OTHER CITIES.
I KNOW THEY WORK, DO A LOT OF WORK AT THE CITY OF HOUSTON.
THEY DO A LOT OF WORK WITH, UH, HARRIS COUNTY, FORT BEND COUNTY, AND A LITTLE BIT OF WORK WITH THE CITY OF MARYLAND.
THEIR EXPERTISE USED TO BE SOLELY TRANSPORTATION.
SO THESE, THE NEW SERVICES ARE SOMETHING WE'VE NEVER WORKED WITH, BUT THE TEAM THAT CAME OUT WAS VERY, VERY THOROUGH.
SO I DO HAVE A QUESTION, NOT TO THROW A MAIN KINK IN IT, BUT SO THEY COME IN AND GIVE US SOME, WHAT THEY FEEL LIKE NEEDS TO BE DONE.
IS THERE A REASON WHY WE COULDN'T HIRE A CONTRACTOR TO COME IN AND UNDER GUIDELINES THEY WOULD GET AN ENGINEER WELL, AND TELL THEM WHAT THEY THEY CAN, BUT WE NEED THE, WE NEEDED THE, THE ENGINEERING EVALUATION FOR MULTIPLE PURPOSES.
BASICALLY, WE NEEDED TO HAVE OUR OWN ENGINEERS TAKE A LOOK AT IT FOR THE PURPOSES OF COMING BACK AND
[00:25:01]
ASKING FOR MITIGATION DOLLARS WITH FEMA IF THEY, WHEN THEY BECOME AVAILABLE.AND ALSO THE INSURANCE COMPANIES, BECAUSE WE HOPE TO GET, WE HOPE TO RECOUP SOME OF THE MONEY THAT WE'RE GONNA HAVE TO SPEND TO FIX THESE BUILDINGS FROM THOSE TWO, THOSE TWO SOURCES.
SO THIS IS A FEMA SOURCE OF MONEY, NOT FROM THE PEOPLE WHO DIDN'T DO IT RIGHT THE FIRST TIME? CORRECT.
WHAT WE'RE GONNA, WHAT WE'RE GONNA DO IS WE'LL HAVE TO DO THE REPAIRS, EFFECTIVE REPAIRS, AND THEN HOPEFULLY WHEN WE SUBMIT OUR, IS IT CAT G WILL, I DUNNO, BILLING OR D MAYBE ONE CATEGORIES.
WE'LL, WE WILL ASK FOR BASICALLY A REIMBURSEMENT OF OUR COST TO MITIGATE FOR FUTURE DAMAGES.
DEFINITELY GET SOMETHING DONE.
HUH? FEELS LIKE THAT'S WHAT WE GOT NOW LOOK BETTER.
ANY FURTHER DISCUSSION? HEARING NONE.
NEXT ITEM IS CONSIDERATION OF POSSIBLE ACTION TO ADOPT ORDINANCE NUMBER 2025 DASH OH OH NINE, UH, OF THE CITY'S ZONING ORDINANCE OR THE CITY'S ZONING CODE AS IT PERTAINS TO FENCING.
AS Y'ALL RECALL AT THE LAST UH, MEETING WE HAD, THE CITY COUNCIL EXPRESSED INTEREST TO ALLOW, UH, FRONT YARD FENCING, UH, WITH SOME SPECIFIC REP.
ORDINANCE NUMBER 2023 DASH 0 0 9.
AN ORDINANCE OF THE CITY OF CLU OF THE CITY COUNCIL OF CITY OF CLU, TEXAS, AMENDING ARTICLE FIVE OF APPENDIX A ZONING OF THE CITY OF CLU, CODE OF ORDINANCES, SPECIFICALLY AMENDING SECTION 6.2 AND 6.3 RELATING TO THE CONSTRUCTION OF FENCES CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE UNDER A
NOW, YOUR HONOR,
SO, UH, UH, THE COUNCIL EXPRESSED INTEREST TO ALLOW FRONT YARD FENCES, UH, WITH THE SPECIFIC RECOMMENDATIONS OF FENCES, UH, SHOULD NOT EXCEED THE HEIGHT OF 60 INCHES, UH, DO NOT IMPEDE THE VISION OF TRAFFIC AND ARE BUILT INSIDE ALL OF THE RIGHT OF WAY AND UTILITY EASEMENTS.
UM, AND SO THIS WAS WHAT THIS, UM, ORDINANCE PROVIDES.
DO WE HAVE TO VOTE BEFORE WE CAN ASK A QUESTION? UH, TECHNICALLY USUALLY ASK YEAH.
I'LL ORDINANCE NUMBER 2023 DASH 0 0 9.
I'LL SECOND MOVE BY COUNCIL MEMBER AGUILAR, IF I READ, THERE'S SOMETHING I GONNA LOOK AT.
SO IT SAYS NOT TO IMPEDE THE VISION OF TRAFFIC.
THAT MEANS GOING PAST IT, NOT NECESSARILY LOOKING FROM THE ROAD INTO THE YARD.
SO BASICALLY YOU WOULD HAVE TO PRESERVE A SIGHT LINE SO THAT IT'S SAFE TO INGRESS AND EGRESS FROM THE DRIVEWAY OF THE PROPERTY OR IF THE LOT'S SITUATED ON A CORNER, THAT THE FENCE BE IN SUCH A MANNER THAT YOU WOULD BE ABLE TO SEE ONCOMING TRAFFIC.
AND THEN WE HAD TALKED PREVIOUSLY ABOUT, UH, DISCUSSED AT LAST MEETING ABOUT HAVING SOME SORT OF DEFINITION ABOUT, YOU KNOW, HOW MUCH YOU CAN SEE THROUGH THE FENCE TO SEE DOES IT IMPEDE VISION.
UH, BUT I LOOKED AND OUR PREVIOUS ORDINANCES, UH, JUST SAID THAT IT, IT CAN'T IMPEDE THE VISION AND THERE'S REALLY NO GOOD DEFINITION.
AND SO, UM, IN LOOKING AT OTHER CITIES, I DIDN'T FIND ANY GOOD DEFINITION OF LIKE 50% OR, YOU KNOW, LIKE THEY HAVE LIKE WINDOW TINTING OR SOMETHING LIKE THAT.
SO, UM, UH, IT SPECIFICALLY, WE, OF COURSE IT'S REQUIRED, BUT SPECIFICALLY INCLUDED IN THE ORDINANCE, THEY'RE REQUIRED TO GET A BUILDING PERMIT.
AND SO THE, THE, THE VISION OF TRAFFIC WOULD THEN BE AT THE PURVIEW OF THE BUILDING OFFICIAL WHEN DOING, GRANTING THE PERMIT.
THEY'LL HAVE TO TELL 'EM THE, YOU KNOW, THE CONSTRUCTION AND THE MANNER AND, AND THE MATERIALS USED.
SO THEN THAT WOULD BE AT HIS DISCRETION, WHETHER IT WOULD BE, UH, IMPEDE THE VIEW OF TRAFFIC.
AND THEN ALSO I, UH, IMPLEMENTED THE REQUIREMENT WE ALREADY HAD WITH REGARD TO, UH, CORNERS.
YOU KNOW, YOU HAVE A CORNER LOT, UH, YOU HAVE A DIFFERENT RULE,
[00:30:01]
UM, THAT YOU CAN'T IMPEDE THE VISION FOR THE CORNER TRAFFIC.SO OTHER THAN THAT, I THINK IT, UH, COVERS WHAT Y'ALL REQUESTED.
UH, UM, MR. ROSIE, CAN YOU SCROLL DOWN TO PAGE TWO ON THE, UH, I THINK ON NUMBER TWO, UH, SECTION BA BARRIER WITHIN 20 FEET OF THE INTERSECTION.
I THINK THAT'S STANDARD, RIGHT? IF I'M CORRECT OR NO? YES.
AND THAT'S WHY I PUT THAT INTO THE, INTO THE, UM, THE ORDINANCE, JUST FOR CLARIFICATION, BECAUSE, UH, YOU KNOW, ON THE CORNER LOT YOU HAVE A, LIKE I SAID, AT THE INTERSECTION AT CORNER LOT, YOU HAVE DIFFERENT CONSIDERATIONS WITH REGARD TO, UH, VISION AND TRAFFIC.
AND THEN WE GOT THAT FROM ANOTHER PART OF OUR ORDINANCE AND JUST MAKE SURE AND PUT AS FAR AS OUR DEVELOPMENTAL REQUIREMENTS.
IS THIS A STANDALONE ORDINANCES STRICTLY FOR THE FRONT? NO, IT'S NOT BYPASSING OR THE OTHER ORDINANCE.
ORDINANCE OR SUPPOSED TO DO SO, I'M SORRY, SAY THAT AGAIN.
THE OLD ORDINANCE, WE COULDN'T GO PAST THE FRONT OF THE HOUSE.
TAKING AWAY THAT OR THAT NO, THAT'S STILL IN EFFECT.
IT'S ACTUALLY WORDED ON HERE, NUMBER FOUR.
THE, THE VERBIAGE IS A LITTLE DIFFERENT ON FIVE FOR THE HEIGHT STANDARD, IF YOU REQUEST ONE, IT HAS TO BE ON A RIGHT, BUT YOU CANNOT, ONE THING THAT WE DO NEED TO MAKE CLEAR AND REITERATE, AGAIN, WE CAN'T DEFINE WHAT, WHAT MATERIAL, WHAT MATERIAL DID YOU USED, WHAT'S THE DIFFERENCE BETWEEN THE RIGHT OF WAY AND THEN THE HIGHEST SLOW WEIGHT.
YOU CAN'T SAY WHITE PICKET FENCE.
YOU CAN'T SAY IT'S GONNA BE CHAIN.
YOU CAN'T PROHIBIT CHAIN LINK OR GOAT PANEL, WHICH WHATEVER YOU YOU COULD SAY CAN IMPEDE TRAFFIC, CAN EXACTLY THE DIVISION.
A BRICK WALL ON LAKE BEND, RIGHT.
WHERE THE HOUSE UP HERE, RIGHT.
THAT'S WHAT THEY'RE TRYING TO CAN YOU EIGHT FEET THIS GRAY, CHRIS? YES.
UH,
THERE'S A DIFFERENCE BETWEEN, UH, FENCES AND BARRIERS, RIGHT? SO THE BARRIERS WOULD BE BUSHES, HEDGES, UH, THINGS OF THAT NATURE.
AND THAT, ARE YOU TALKING ABOUT THE THE, THE BARRIER BETWEEN, UM, DRIVEWAYS MM-HMM
DIFFERE BETWEEN THE BARRIER AND THE FENCE, I THINK.
WHAT HE'S ASKING IS, THERE'S TWO DIFFERENT THINGS.
THE HEDGES HAVE A, HAVE A DIFFERENT REQUIREMENT AS A REQUIREMENT, RIGHT? RIGHT.
DIFFERENT HEIGHTS, DIFFERENT HEIGHT.
OH, THAT'S WEIRD BECAUSE YOU PUT THE FENCING GAP, IT'S NOT GONNA CHANGE, BUT A HEAD IS GONNA GROW
I'M JUST ASKING OUT EVERYBODY TO START TRYING EDGES.
DOES IT SAY ANYTHING HERE ABOUT THE BARRIERS? I I'M SURE IT DOES.
I CAN'T SEE IT, UH, BLOCKING VIEW OR DOES IT FALL UNDERNEATH THAT SAME THING? SO IT'S NOT TO IMPEDE THE VIEW OR TRAFFIC, OR I CAN'T READ, SORRY.
YOU INTO THE FRONT, INTO THE END OF THE PROPERTY.
WELL, I THINK THERE'S A QUESTION HERE BETWEEN THE BARRIER AND THE FENCE.
SO THE, SO, OKAY, SO HEDGES, BUSHES, OTHER LANDSCAPING BARRIERS WE HAVE FROM PREVIOUSLY, UH, UH, THEY CAN'T BE MORE THAN 30 INCHES AND MORE FURTHER FORWARD THAN FOUR FEET FROM THE FRONT EDGE OF THE PRIMARY BUILDING.
SO THAT'S THE, THAT'S SOMETHING THAT WE'VE PREVIOUSLY PASSED THAT YEAH, I, I LEFT IN THERE.
[00:35:05]
WE HAVE, BECAUSE WE HAVE THE DIFFERENCE BETWEEN THE BARRIER AND THE FENCE, RIGHT? SO IF YOU PUT, IF YOU WANNA PUT LIKE, UM, UH, UH, BUSHES OR OTHER THINGS IN BETWEEN THE DRIVEWAYS, THEN THAT WOULD BE I GUESS TWO, THE TWO A THERE.UH, AND THEN THE, UH, THE OTHER ONES, YOU KNOW, THE FRONT YARD FENCE IS THE RULE IS LIKE NOT MORE THAN 60 INCHES.
SO I DON'T, I I THINK THAT'S THE DISTINCTION BETWEEN THE DEFENSE FENCING VERSUS OTHER BARRIERS.
IF WE WANT TO, UH, YOU KNOW, KNOW IF YOU WANT TO JUST, UH, ILLUMINATE, BECAUSE ORIGINALLY WE PASSED THE, UH, THE ORDINANCE TO ALLOW LIKE FENCE OR BARRIERS IN BETWEEN DRIVEWAYS.
IF WE DON'T WANT TO HAVE THAT DISTINCTION AND WE'RE JUST LIKE, OKAY, FRONT, YOU KNOW, FRONT YARD FENCE, NO MATTER IF IT'S BETWEEN THE DRIVEWAYS OR ON THE OTHER SIDE OF THE DRIVEWAY OR WHERE IT'S AT, WE CAN JUST ELIMINATE THE DRIVEWAY.
BECAUSE PEOPLE, IF YOU WANNA JUST LOOK, LET PEOPLE PUT FENCES UP TO 60 INCHES BETWEEN DRIVEWAYS, IF THAT'S WHAT Y'ALL WOULD INTEND, WE CAN JUST DO THAT.
I JUST LEFT IN WHAT WE HAD PREVIOUSLY WITH REGARD TO THE IN-BETWEEN DRIVEWAY BARRIER.
THAT'S WHAT A LOT OF PEOPLE WOULD DO IT.
THEY WOULD FEEL JUST LIKE A LITTLE WOODEN CROSS BUCK FENCE, SOMETHING LIKE THIS HIGH RIGHT IN THE FRONT OF THEIR YARD JUST TO KEEP PEOPLE WALKING INTO THEIR YARD TO WALK AROUND THE CORNER OR WHATEVER, YOU KNOW? I MEAN, WELL, THE GOOD THING ABOUT ELIMINATE, IF YOU'RE CONCERNED WITH PETS, THEN IN CLOSING YOUR FRONT YARD WOULD BE YOU WANTED HEDGES.
YOU COULD HAVE HEDGES, BUT IF PETS AND KIDS BOTH, OR IF YOU WANT TO PIN YOUR KIDS UP AND WHICH IS NOT A BAD IDEA, UH, THEN YOU WOULD WANT TO BE ABLE TO PULL IT FULLY ENCLOSED, WHICH COULD BE NEEDING A FENCE DOWN THE MIDDLE OF TWO DRIVEWAYS.
WELL, TO ELIMINATE CONFUSION, WE COULD, Y'ALL COULD DO THE MOTION IN, IN, UH, WITH THE CHANGE THAT WE REMOVED THE LOWER LEVEL BETWEEN DRIVEWAYS AND JUST ALLOW THAT TO BE THE FRONT YARD FENCE UP TO 60 INCHES.
IF THAT'S WHAT PEOPLE ARE WANTING TO ENCLOSE THEIR FRONT YARD, THAT GIVES 'EM THE TRUE ABILITY YEAH.
SO IS THAT, IS THE, WAS THAT THE ISSUE THAT WE WERE ON THAT HOUSE, DID THEY DO THAT OR NO, I CAN'T REMEMBER.
THEY, THEY DID HAVE A FENCE THAT RAN ALONG THE DRIVEWAY.
UH, THE, THE ISSUE THERE WAS THE ENTIRE FENCE PERIOD.
BUT THIS WOULD, I THINK IF YOU WERE TO MAKE A MOTION TO AMEND IT, TO ELIMINATE THAT SECTION AND MAKE IT UNIFORM, IT'S PROBABLY GONNA BE EASIER FOR US TO, TO REGULATE, TO ADMINISTER, YEAH.
INSTEAD OF HAVING PEOPLE TRIM THEIR HEDGES.
OR I'D MAKE A MOTION THAT WE PROVE THIS WITH THE CHANGES OF DOING WHAT YOU SAID, ALLOW INCH FENCE BETWEEN DRIVEWAYS ALLOW 60 INCH FENCE WITHIN DRIVEWAY.
YOU, YOU NOW HAVE A MOTION TO AMEND.
SO YOU NEED A SECOND ON THE MOTION TO AMEND.
THAT'S, HE'S, HE'S MADE A MOTION TO AMEND THE ORDINANCE, I THINK, UH, FRANCIS TO APPROVE.
DID YOU, I YOU MADE THE MOTION THAT FRANCE NEEDS TO MAKE THE MOTION TO APPROVE MOTION OR THE AMEND.
SHOULD YOU MAKE THAT MOTION? NO.
WHO MADE THE MOTION THOUGH? ROSE? SHE NEEDS TO FRANCIS MAKE THE MOTION TO MOVE FORWARD WITH THE DISCUSSION.
FRANCIS, WOULD YOU CARE TO AMEND YOUR MOTION? YES.
TO INCLUDE THE EXCEPTION? I'LL BE HAPPY TO, AS MENTIONED.
AND THE PERSON THAT MADE THE SECOND, WOULD YOU CARE TO SECOND THAT MOTION? YEP.
ANY FURTHER DISCUSSION? HEARING NONE.
GOT NEW DEFENSE ORDINANCE WITH THE AMENDMENT.
CAN'T BILL A FOR, BUT YOU CAN.
ACTUALLY HAVE THROUGH BAD AIRS COMING IN TWO OPTIONS, I PRESUME, CORRECT? YES, SIR.
BUT THE, IT'S GONNA BE CONSIDERATION POSSIBLE ACTS TO ADOPT ORDINANCE NUMBER 2025 DASH OH 10 GAME ROOMS AND AMUSEMENT REDEMPTION DEVICES.
AND IT WOULD BE CITY OF INCLUDE ORDINANCE NUMBER 2025 DASH
[00:40:01]
OH 10, AN ORDINANCE OF CITY OF CL TEXAS AMENDING CHAPTER 14, ARTICLES, FOUR AMUSEMENT REDEMPTION MACHINES REGULATING THE OPERATION, POSSESSION OR USE OF AMUSEMENT REDEMPTION MACHINES WITHIN THE CITY LIMITS, PROVIDING DEFINITIONS, ESTABLISHING PENALTIES FOR VIOLATIONS, AND REPEALING CONFLICTING ORDINANCES AND PROVIDING FOR SEVERAL ABILITY AND AN EFFECTIVE DATE.AND I WILL LET MR. DUNCAN EXPLAIN THE TWO OPTIONS, AND THEN WE WILL GO FROM THERE.
UM, UH, FIRST I WANNA, UH, POINT OUT IN THE MEMO THE, THE VERSION THAT Y'ALL GOT IN YOUR PACKET WAS MY FIRST DRAFT, AND I MADE SOME CHANGES TO IT.
SO, UM, SO THE, UH, UH, CHIEF BENCH INDICATED THAT, UH, INCLUDING IN SURROUNDING, UH, SOUTHERN BRAZO COUNTY, UM, CITIES, UH, THERE'S BEEN A, A MAYBE AN UPTICK OR PREVALENCE OF, UH, ASSOCIATED CRIME AROUND THE, UH, GAME ROOM OR, OR THE EIGHT LINER GAMES, WHEREVER THEY'RE LOCATED.
UH, I THINK YOU INDICATED IT'S LIKE, KINDA LIKE THE NEW STREET CORNER OF, OF WHERE LOTS OF OTHER THINGS OCCUR, PEOPLE HANGING AROUND THE GAMES.
UM, AND, UH, AND POINTED OUT THAT, UH, ACTUALLY THE, UH, CITY OF FORT WORTH, UH, OUTLAWED ALL THE GAMBLING MACHINES, ALL THE EIGHT LINER, ALL THE GAMBLING MACHINES, AND, UH, AND IT WAS ACTUALLY A, LIKE A NINE YEAR, UH, COURT CASE.
UM, AND THE COURT OF APPEAL, IT WENT TO THE TEXAS SUPREME COURT AND BACKED DOWN AND BACK AND FORTH A FEW TIMES.
UM, AND, AND THE COURT OF APPEALS FORT WORTH HELD THAT THESE MACHINES ARE ACTUALLY ILLEGAL GAMBLING DEVICES, WHICH ARE, UM, PROHIBITED BY THE TEXAS STATE CONSTITUTION.
SO IF IT'S PROHIBITED BY A CONSTITUTION, EVEN THE STATE LEGISLATURE CAN'T MAKE A RULE OR GRANT EXCEPTIONS.
YOU RECALL THE EXCEPTIONS FOR LIKE, YOU KNOW, THE FUZZY ANIMAL EXCEPTION, YOU KNOW, THE, FOR THE, FOR THE KIDS' GAMES AND THINGS LIKE THAT.
SO, UM, UH, IN THE END, THE, THE, THE, UM, UH, THE FORT WORTH, UH, COURT OF APPEALS RULED THAT, UH, ALL OF THESE MACHINES ARE ILLEGAL UNDER THE STATE CONSTITUTION.
UH, THE, UH, THE GAME ROOM OPERATORS APPEALED TO THE STATE SUPREME COURT, AND THE STATE SUPREME COURT REFUSED TO TAKE THE APPEAL, WHICH BASICALLY SAYS THERE'S NO ERROR.
UH, AND THEY AGREED THAT THESE ARE ILLEGAL GAMBLING DEVICES.
UM, THE CITY OF FORT WORTH, AFTER ALL OF THESE CASES, I THINK, UH, JUST, UH, THIS JANUARY, UH, PUT INTO EFFECT THEIR ORDINANCE, UM, UH, BANNING ALL OF THESE MACHINES IN, IN THE CITY OF FORT WORTH.
AND SO, UH, I PRESENTED, UM, UH, THERE ARE STILL SEVERAL, UM, CITIES THAT, UH, ALLOW IT, UM, UM, ALLOW THE OPERATION OF THE MACHINES.
AND I DON'T KNOW IF THAT'S, THAT THIS AN ACTUAL CHOICE OR IF IT'S JUST A, UH, THEY HAVEN'T GOTTEN AROUND TO, UH, MAKING 'EM ILLEGAL, UH, BASED ON THE FORT WORTH COURT OF APPEALS.
UM, AND SO, UM, I PRESENTED TO YOU TWO OPTIONS.
UH, OPTION NUMBER ONE WOULD BE TO OUTLAW ALL OF THESE GAMBLING MACHINES.
UM, UH, THERE WOULD GO INTO EFFECT AND THERE WOULD NOT BE ANY GRANDFATHERING, BECAUSE IF THEY'RE ILLEGAL GAMBLING DEVICES, THEY'RE ILLEGAL, RIGHT? UM, AND THE OTHER OPTION WOULD BE INCREASED REGULATIONS, UM, OF THE GAMBLING MACHINES.
UH, WE HAVE IN OUR ORDINANCES NOW THAT WE ONLY REALLY REGULATE GAME ROOMS. AND THE GAME ROOM MEANS THAT YOU HAVE ENOUGH MACHINES THAT I THINK'S SOMETHING LIKE 50% OF YOUR REVENUE COMES FROM THE OPERATION OF THE GAMES.
AND SO ALL OF THESE OTHER, YOU KNOW, CONVENIENCE STORES AND OTHER LOCATIONS THAT HAVE THE MACHINES DON'T FALL INTO OUR REGULATIONS.
UM, SO THIS, UH, MODIFICATION, IF WE, IF Y'ALL CHOOSE TO REGULATE, UH, WOULD BE THAT, UH, EVERY BUSINESS THAT OPERATES A GAME, UH, A MACHINE IS CONSIDERED A GAME ROOM.
AND SO THEY WOULD BE REQUIRED TO REGISTER, UH, PAY A REGISTRATION FEE, PAY ADDITIONAL FEE PER MACHINE, UH, PROPOSE LIMITED HOURS OF OPERATIONS OF THE MACHINES, UH, REQUIRE THAT THE FRONT DOOR OF YOUR BUSINESS HAS TO REMAIN UNLOCKED WHILE YOU'RE OPERATING.
UH, THESE GAMBLING MACHINES, UH, HAVE OPEN WINDOW, UH, TRANSPARENCY SO THAT YOU CAN SEE INSIDE FROM THE FRONT OF THE BUSINESS IF YOU'RE OPERATING THESE MACHINES, UH, ALLOW THE POLICE DEPARTMENT TO ENTER THE BUSINESS ANY TIME, UH, DURING BUSINESS HOURS.
AND, UH, IF YOU, IF A VIOLATION IS FOUND, UH, THE, UH, UH, REGISTRATION OF THE MACHINE WOULD BE REVOKED.
ALSO, WE HAVE IN THERE A REQUIREMENT THAT IF THE, IF THE PD FINDS THAT IT'S A, THE, THE, UH, MACHINES ARE, THE RULES ARE BEING BROKEN AND THE MACHINES HAVE BECOME A NUISANCE, THEN THEY COULD ACTUALLY SEIZE THE MACHINES AND REMOVE THEM.
SO, UH, OF THE, THE TWO OPTIONS PRESENTED
[00:45:01]
TO YOU, UM, I WOULD RECOMMEND THE OPTION ONE TO JUST BASICALLY OUTLAW ALL THE GAMBLING MACHINES BECAUSE, UH, I THINK THE STATE, UH, SUPREME COURT HAS SPOKEN AND SAID THAT THEY'RE ILLEGAL UNDER THE STATE CONSTITUTION.AND, AND, UM, THAT WOULD BE, AND, AND I THINK THAT'S PROBABLY GONNA BE THE TREND.
UM, AS YOU KNOW, AFTER FORT WORTH IMPLEMENTS THEIR, STARTED IMPLEMENTING THEIR LAW THIS JANUARY, I THINK THAT'S PROBABLY GONNA BE, UH, YOU'LL SEE A LOT OF OTHER CITIES DOING THE SAME THING.
AND I THINK THE MAYOR MENTIONED SOMETHING ABOUT THAT TO ME BEFORE THE MEETING OF SOMETHING HE HEARD IN THE NEWS ALSO.
SO, I'LL TURN IT OVER TO THE CHIEF.
SO JUST QUICKLY FOR US, SO SOLUS KIND OF UNIQUE IN THAT CURRENT, CURRENTLY WE DON'T HAVE ANY GAME ROOMS. NOW WE DO HAVE SOMEONE THAT IS IN THE PROCESS OF WANTING TO START A GAME ROOM.
UM, SO ALL THE CONVENIENCE STORES, IF YOU GO INTO THESE CONVENIENCE STORES, YOU SEE THESE EIGHT LINERS IN THE BACK OR INTO THE SIDE ROOMS. UH, THEY'RE IN NUMEROUS OF OURS SO FAR.
WE'VE SENT UNDERCOVER OFFICERS IN AND HAVE ACTUALLY CAUGHT FIVE OF THOSE, UM, PAYING OUT MONEY, UH, WHICH IS WHAT MAKES IT ILLEGAL.
UM, THE PROBLEM THAT IT IS, IS IF FOR THE STATE OF TEXAS, GAMBLING WITH THOSE IS A CLASS A MISDEMEANOR, AND THEY MAKE SO MUCH MONEY OFF OF IT, IT'S WORTH THE RISK.
AND SO WHAT, WHAT WE'VE BEEN LOOKING AT IS THESE, WHAT I'M, WHAT MY CONCERN IS, IS THAT WE DO, WE DON'T ACT NOW, WE END UP WITH A GAME ROOM BACK IN CLUE WE LOOK LIKE 2 88 B BEFORE WE KNOW IT BECAUSE I HATE TO SAY IT, BUT WE'VE GOT WAY TOO MANY EMPTY BUILDINGS THAT CAN BE QUICKLY CONVERTED INTO A GAME ROOM AND BE VERY PROFITABLE.
UH, IN THAT, YOU LOOK AT THE NEWS YESTERDAY, UH, A FOUR YEAR INVESTIGATION IN THE CITY OF HOUSTON, THEY FIRST REPORTED 12 GAME ROOMS TODAY, THEY UPDATED, IT WAS 40 GAME ROOMS IN HOUSTON THAT THEY HIT FOR OVER $22 MILLION WORTH OF, OF THINGS GOING.
I, I THINK FOR US, YOU KNOW, UH, SOMETIMES IT DOESN'T HURT FOR MAYBE TO BE A, A TRENDSETTER IN, UH, IN SOME OF THESE TYPE OF THINGS.
AND YOU KNOW, WHEN, WHEN YOU START LOOKING AT THE THINGS THAT GO ON IN AND AROUND THIS, THEY GAME ROOMS ARE YESTERDAY STREET CORNERS.
UM, YOU HAVE, UH, YOU HAVE THE ILLEGAL GAMBLING, YOU'VE GOT PROSTITUTION, YOU'VE GOT NARCOTICS DISTRIBUTION, ALL OF THAT GOING IN AND AROUND THESE GAME ROOMS AS WELL.
THE STATE REGULATES THEM TO A CERTAIN EXTENT, BUT THE PROBLEM WITH THAT IS, IS THAT THE, THE PENALTY FOR IS NOT, UH, STRONG ENOUGH.
THE SHERIFF'S DEPARTMENT'S BEEN WORKING PRETTY HARD AND HEAVY ON THESE.
THEY GO IN, THEY SEIZE ALL THE MACHINES, AND THE FOLKS THAT OWN THESE GAME ROOMS ACTUALLY HAVE A WAREHOUSE THAT THEY ALL SHEAR AND THEY MOVE BACK IN THE NEXT DAY AND THEY START RIGHT BACK UP THE NEXT DAY.
'CAUSE IT'S JUST THAT PROFITABLE.
AND I, I THINK WE WOULD CONTINUE TO SEE THAT HERE IF WE DON'T, WE GAVE YOU THE SECOND OPTION IN, IN CASE, UH, WE DIDN'T WANT TO DO A COMPLETE BAN.
AND THAT'S JUST BECAUSE CURRENTLY AT THE CONVENIENCE STORES, THEY'RE COMPLETELY UNCHECKED.
WE HAVE, WE HAVE NO SAY SO IN ANYTHING EXCEPT WHEN WE CATCH THEM, UM, DOING THE, THE ILLEGAL THINGS THAT THEY DO AND PAYING OUT CASH.
SO THAT'S WHY I WANTED TO GO AHEAD AND BRING THIS TO YOU.
UH, YOU KNOW, UH, APPRECIATIVE OF FORT WORTH AND KIND OF BLAZING THE TRAIL.
UH, WE'LL SEE IF OTHER CITIES, UM, FALL IN LINE.
I, I'M NOT AGAINST GAMBLING, IT'S, BUT WHAT IT'S, IT'S LEGAL, YOU KNOW, AND AT THIS POINT IN THE STATE OF TEXAS, IT'S NOT LEGAL.
WE'VE GOTTA, WE'VE GOTTA GO BY THAT.
SO HOW WOULD WE BE ABLE TO VOTE TO KEEP THEM IF THE TEXAS CONSTITUTION SAYS NO, I, I MEAN, HOW DO YOU, WELL, BUT THAT, THAT, THAT, THAT'S THE, THAT'S THE CRUX OF THE ISSUE.
AT THE END OF THE DAY, OTHER CITIES HAVE ALLOWED 'EM AND REGULATED THEM.
FORT WORTH WAS SUCCESSFUL IN BANNING THEM COMPLETELY.
AND SO YOU'VE GOT A LOT OF LEGACY MACHINES HERE.
AND SO OUR THOUGHT WAS IS WE'RE GONNA GIVE YOU THE OPPORTUNITY IF YOU WANT TO FOLLOW THE FORT WORTH MODEL, OR IF YOU WANNA FOLLOW WHAT OTHER CITIES AND OTHER COUNTIES ARE DOING NOW TO, YEAH.
TO, TO, TO ANSWER YOUR QUESTION, MS. MEDICS, THAT THAT'S KIND OF WHERE THE LACK OF A BETTER WORD TO USE THE ROOFS COMES IN.
THE FOLKS THAT RUN THESE GAME ROOMS
[00:50:01]
AND THOSE TYPE OF THINGS, THEY CLAIM THEY DON'T PAY MONEY, RIGHT? THEY GIVE PRIZES.IT WOULD BE LIKE IF YOU WENT TO DAVE AND BUSTER'S AND WON TICKETS AND THEN WENT AND REDEEMED THOSE TICKETS FOR A PRIZE.
THAT'S HOW THEY CLAIM THAT THOSE WORK.
HOWEVER, AGAIN, WE'VE ALREADY HAD FIVE DIFFERENT PLACES HERE THAT ARE PAYING OUT CASH.
SO THAT'S WHY THEY'RE CALLED THAT, UM, AMUSEMENT, AMUSEMENT REDEMPTION MACHINE.
AND FOR CLARIFICATION, THE FORT WORTH, UH, YOU KNOW, FORT WORTH COURT OF APPEALS SAID YOU CAN'T GIVE CASH, YOU CAN'T GIVE FUZZY TOYS, YOU CAN'T GIVE ANY PRIZE ANYTHING OF VALUE, THAT THERE ARE ILLEGAL.
THEY ARE ILLEGAL GAMBLING MACHINES, RIGHT? AND SO, UH, YOU ASKED, WELL THEN, YOU KNOW, HOW COULD WE, IF, IF THE, IF THE SUPREME TEXAS SUPREME COURT IS DETERMINED AND FORT WORTH HAS DETERMINED THAT THEY ARE ILLEGAL MACHINES AND THEY'RE JUST ILL, THEY'RE ALL ILLEGALLY GAMBLING, YOU KNOW, HOW COULD WE PASS THE ORDINANCE TO ALLOW IT, BUT REGULATE IT? AND THAT, YOU KNOW, THE ANSWER TO THAT QUESTION IS, I BELIEVE THAT, NUMBER ONE, UH, I THINK THERE'S A DELAY, UH, AND MAYBE IMPLEMENTATION, BECAUSE LIKE I SAID, FORT WORTH IS THE FIRST ONE AND THEIR ORDINANCE JUST WENT IN EFFECT THIS JANUARY.
RIGHT? SO I WOULD EXPECT THAT, UH, UH, AS IT'S, UH, UH, THERE'S SOME LAG TIME BETWEEN OTHER CITIES MAYBE COMING IN AND PASSING SIMILAR BANS.
UM, THE OTHER THING THAT'S A LITTLE BIT CONFUSING IS, YOU KNOW, THE STATE ACTUALLY, LEGISLATURE ACTUALLY PASSED A LAW ALLOWING YOU, YOU TO GIVE GIFT CERTIFICATES OR FUZZY ANIMALS OR WHATEVER.
AND THAT'S STILL ON THE BOOKS.
UM, YOU KNOW, THE, THE COURT CASE WAS CLEAR THAT IT'S CONSTITUTION, CONSTITUTION IS HIGHER THAN THE LEGISLATIVE, UH, STATUTES, RIGHT? SO, UM, FROM A LEGAL STANDPOINT, UM, I BELIEVE THAT THERE'S STILL, THE MACHINES ARE ILLEGAL UNDER THE CONSTITUTION.
AND, UH, AND I, AND, AND I DON'T KNOW IF THE LEGISL LEGISLATURES GONNA, YOU KNOW, SUBSEQUENT TO THAT FINDING, THE LEGISLATURE WOULD HAVE TO GO AND THEN REPEAL THAT LAW THAT ALLOWS FOR THE, THE FUZ QUOTE UNQUOTE FUZZY ANIMAL EXEMPTION.
RIGHT? AND THAT HASN'T HAPPENED YET.
UM, BUT I MEAN, YOU MAY HAVE SOME, UH, YOU KNOW, MANY YEARS AGO WHEN THE FIRST TIME THEY STARTED, UH, SHUTTING DOWN GAME ROOMS, I WAS SOMEWHAT INVOLVED.
UM, AND, UH, YOU KNOW, SOME CI CITIES DECIDED THEY WANTED TO PUT 'EM OUTTA BUSINESS, AND SOME CITIES DECIDED THEY WANTED TO LICENSE THEM AND MAYBE GET SOME MONEY OUT OF IT, RIGHT? AND AS A REGISTRATION FEES, AND I GUESS GET PART OF THE CUT OR WHATEVER, I DON'T KNOW.
UM, AND SO THE, THAT WHEN THE, WHEN THE GAMES ROOMS WERE FIRST BEING SHUT DOWN, UM, YOU KNOW, THERE WERE DIFFERENT RESPONSES FROM DIFFERENT CITIES AND THEN THE LEGISLATURE CAME IN AND ACTED WITH THE, THE, THE EXEMPTION FOR, YOU KNOW, GIFT CERTIFICATES OR NON, YOU KNOW, NO CASH, BUT OTHER THINGS OTHER THAN CASH, RIGHT? UM, BUT ANYWAY, UM, I THINK YOUR QUESTION IS, UH, A GOOD QUESTION BECAUSE MY OPINION IS THE COURTS HAVE RULED AND THEY'RE NOT LEGAL.
SO CHIEF, DO YOU KNOW HOW MANY LOCATIONS IN THE CITY RIGHT NOW HAVE THE AMUSEMENT REDEMPTION MACHINES? I DON'T HAVE AN EXACT NUMBER, BUT ALMOST ALL OF THEM.
I WAS GONNA SAY, EVERY, EVERY CONVENIENCE STORE HAS THEM.
HOW MANY OF 'EM HAVE A LICENSE THAT, THAT'S JUST IT.
THEY'RE NOT REQUIRED TO HAVE ONE BECAUSE UNDER OUR EXISTING ORDINANCE, IT'S NOT REQUIRED.
BECAUSE THEY'RE NOT WHAT, UNDER OUR CLEAR ORDINANCE, THEY'RE NOT GAME ROOMS ONLY ONLY RESPONDS TO GAME ROOMS FOR 50% OR MORE OF THE BUSINESSES RELATED TO THE GAMBLING MACHINE.
AND THAT'S KIND OF WHERE WE WERE LIKE, WE'RE STUCK IN A BAD POSITION.
'CAUSE YOU HAVE ALL THESE GAMING MACHINES AND ALL THESE NOOKS AND CRANNIES AT THE CONVENIENCE STORE AND NO REGULATION OF WHAT'S GOING ON.
AND CHIEF HAS DISCOVERED, WELL, THEY'RE REDEEMING FOR CASH.
WHAT WE'VE SEEN IN OTHER JURISDICTIONS IS THEY WERE REDEEM FOR A PRIZE, WHICH YOU THINK YOU CAN WALK NEXT DOOR AND SELL THAT PRIZE ON A HANDSHAKE FOR CASH.
AND GOING BACK TO WHAT I REFERRED TO MY INVOLVEMENT, UM, WHENEVER THE GAME ROOMS WERE ALL BEING SHUT DOWN, I CAN'T REMEMBER WHAT YEAR IT WAS, AROUND 2000, SOMETHING LIKE THAT.
UM, UH, IT'S A COMPANY FROM, I THINK NORTH CAROLINA CAME DOWN AND WAS LOOKING FOR AN ATTORNEY.
AND, UH, I WAS REFERRED BY A COUPLE OF DIFFERENT PLACES AND THEY HIRED ME, UH, TO GO RECOVER THEIR MACHINES.
BECAUSE THE WAY THE GAME ROOMS WORK IS THE, THE COMPANIES THAT MAKE THE GAMBLING MACHINES, UH, THEY'RE ALL OUT OF LIKE NORTH CAROLINA, SOUTH CAROLINA, OR SOMEWHERE LIKE THAT.
AND THEY WILL COME, IF, IF YOU WANNA OPERATE A GAME ROOM, YOU RENT THE SPACE AND YOU CONTACT THE GAME COMPANY AND THEY'LL COME AND BRING ALL THE MACHINES, THE TABLES, THE ASHTRAYS, THEY'LL SET THE WHOLE ROOM UP.
UM, AND SO THE ACTUAL GAME ROOM
[00:55:01]
OPERATOR DOESN'T OWN THE MACHINE.THEY JUST RENT THE MACHINE AND THEY PAY A PERCENTAGE.
AND SO ONCE A WEEK, THE, THE MACHINE OPERATOR WILL COME AND SEE HOW MUCH MONEY WENT THROUGH THE MACHINE AND UH, THEY GIVE THEM A CUT.
AND SO THE REASON I, UH, I ASSUME IS PROBABLY THE SAME NOW AS IT WAS BACK THEN.
AND THE REASON I MENTION THAT IS BECAUSE PROBABLY THE PEOPLE THAT HAVE THESE MACHINES, THEY DIDN'T BUY THE MACHINES, RIGHT? SO IF YOU MAKE THEM ILLEGAL AND SAY, HEY, UH, WE'RE PASSING ORDINANCE, WE'RE BANNING 'EM, IT'S NOT LIKE THEY INVESTED A BUNCH OF MONEY TO BUY THESE MACHINES.
THEY'RE RENTING 'EM, AND THEY'RE NOT EVEN PAYING RENTAL, THEY'RE JUST PAYING A PERCENTAGE OF HOW MUCH MONEY GOES THROUGH THE MACHINE.
SO IT WOULDN'T NECESSARILY COST THOSE OPERATORS ANY MONEY.
UH, THEY WOULDN'T NECESSARILY LOSE MONEY, UH, THAT THEY HAVE INVESTED IN BUYING OR RENTING THE MACHINES.
AND, AND SO I THINK THAT'S A IMPORTANT CONSIDERATION WHEN YOU'RE JUST, YOU KNOW, HOW WELL IT AFFECT THEIR BUSINESS.
DID THEY, YOU KNOW, ASSUME THEY'RE LEGAL AND THEY, YOU KNOW, IF THEY ASSUME THEY'RE LEGAL AND SPEND A BUNCH OF MONEY TO BUY MACHINES AND THEN Y'ALL BANNED THEM, THEN YOU MAY HAVE MORE HESITATION.
BUT, UH, UH, FROM WHAT I'VE SEEN, THE WAY IT WORKS IS, UH, THEY RENT THEM AND THEY ONLY PAY, THEIR RENT IS PAID A PERCENTAGE BASED ON THE CASH THAT GOES THROUGH THE MACHINE.
AND I GUESS THERE'S NO WAY TO VERIFY THAT FROM THE, THE PEOPLE WHO HAVE THEM, UM, OF, HEY, ARE THESE YOUR MACHINES OR SOMEBODY ELSE'S? SURE.
I, I MEAN, I DON'T, I, YEAH, WE DIDN'T ALL WE, WE'D HAVE TO GO AND ASK EACH ONE, I GUESS.
THAT ONLY HAPPENS WHEN YOU SEIZE THEM
UH, TO BE PERFECTLY HONEST WITH YOU, I'VE NEVER DEALT WITH THIS ON THEN, AND I HAVE REALLY NO IDEA WHAT WE'RE TALKING ABOUT.
I WOULD LIKE TO DO A LITTLE BIT OF RESEARCH BECAUSE I, I, I'VE NEVER BEEN IN ONE OF, I'VE BEEN TO A CASINO, BUT I'VE NEVER BEEN IN ANY OF THESE HAVEN IT EITHER.
I DON'T, I DON'T KNOW HOW THEY OPERATE.
WELL, I'VE SEEN PEOPLE IN 'EM.
I'VE NEVER SEEN THE LOITERING, BUT I'VE NEVER SEEN THE CORNER CROWDS.
UH, OOH, I'M STUCK IN A REAL HYPOCRITICAL BOAT HERE.
'CAUSE I JUST COME FROM LAKE CHARLES, SO
UH, AND I GUESS TO BE FAIR, ASSUME IF IT'S ILLEGAL, THEN HOW IS IT HAPPENING EVERYWHERE? I KNOW THAT DOESN'T MAKE IT RIGHT.
AND I CERTAINLY DON'T WANNA MAKE YOUR JOB ANY MORE DIFFICULT.
I DON'T KNOW,
I, I'D LIKE TO ASK SOME QUESTIONS FOR GAME ROOMS AND THINGS LIKE THAT.
WHERE'S THE NEAREST ONE? WELL, ACTUAL GAME ROOMS. THERE'S SEVERAL, UH, OUT, YOU KNOW, RICHWOOD GOING OUTSIDE OF RICHWOOD 2 88.
IF YOU GO DOWN 2 88 ANGLETON, THERE'S, THEY'RE SOLID IN 24 HOURS A DAY.
YOU THINK YOU'VE GONE INTO LAKE CHARLES WHEN YOU DRIVE DOWN 2 88, AND WHEN YOU CROSS THE THREE BRIDGES GOING TOWARDS ANGLETON, I EXHAUST FOUR TO THE AIRPORT ROAD.
THERE'S ABOUT 14 OR 15 OF THEM, RIGHT? 17 OF THEM BETWEEN 20 COUNTY ROAD TWO 20.
HOW MANY? 17? I KNEW THERE WERE 14 OR 15.
AND I, AND I GUESS THAT'S NOT THAT HE'S COUNTING OR ANYTHING.
I GUESS THAT'S, THAT'S MY CONCERN.
I MEAN, NOT, NOT TO, IT'S A STORE THAT I FREQUENT VERY MUCH, BUT RIGHT ACROSS THE STREET THEY'VE GOT THREE OR FOUR THERE.
UM, YOU KNOW, AGAIN, MY CONCERN IS THAT WE, WE'VE GOT A LOT OF EMPTY SPACE MM-HMM
AND WE START LETTING THESE THINGS ROLL IN, YOU KNOW, AND, AND IT'S OBVIOUSLY PROFITABLE.
AND I, THAT'S, THAT'S MY CONCERN, IS TRYING TO GET OUT AHEAD OF THAT BEFORE THAT HAPPENS.
UM, NOT TO SAY IT WOULD, BUT IT'S JUST A POSSIBILITY THEY, THEY STARTED IN THESE CONVENIENCE STORES.
AND AGAIN, YOU ALMOST CAN'T GO INTO A CONVENIENT STORE HERE IN CLUT WITHOUT SEEING THEM.
AND I, I, MY FEAR IS, WE'LL SEE THE SAME THING WITH ACTUAL GAME ROOMS. BECAUSE CURRENTLY, CURRENTLY ALL OUR OURS ARE BASICALLY IN CONVENIENCE STORES, CORRECT? YES, SIR.
CURRENTLY, EVERYTHING IS IN CONVENIENCE STORES AND THEY'RE COMPLETELY UNREGULATED.
WE HAD, WE HAD, I KNOW AT LEAST ONE THAT WAS FULL-TIME OPERATING AND LACKED SHOP AT CENTER AT ONE TIME, BUT I, I DON'T THINK THEY'RE THERE ANYMORE.
WITH THE, WITH THE GAME ROOMS, ALL THE 17 OF THEM IN RICHWOOD.
DO YOU KNOW, WERE YOU ABLE TO CONTACT, UH, RICHWOOD POLICE TO SEE HOW OFTEN LIKE INCIDENTS HAPPEN THERE? WELL, I, THEY'RE
[01:00:01]
ACTUALLY NOT IN RICHWOOD.SO, BUT THERE HAS BEEN MULTIPLE INCIDENTS.
WE, THE, THE SHERIFF'S DEPARTMENT, THE TASK FORCE, I, I HATE TO SAY THIS, BUT ESPECIALLY DURING THE ELECTION TIME, THEY HIT 'EM PRETTY HARD AND HEAVY, AND THEY WERE GETTING QUITE A FEW THAT WERE GIVING THE MONEY OUT.
I KNOW THE SHERIFF'S DEPARTMENTS WORKED AT LEAST TWO ROBBERIES AT THEM AS WELL.
AND THAT'S WHERE, AGAIN, YOU GO TO A LOT OF THESE GAME ROOMS, UNLESS YOU'RE A MEMBER, THEY WON'T LET YOU IN AND THE DOORS ARE LOCKED AND THOSE TYPE OF THINGS.
AND THAT'S WHY, YOU KNOW, I'M NOT A BIG HEAVY REGULATION PERSON, LIKE AS, AS EVIDENCE OF THE GOLF CARTS, BUT ON SOMETHING LIKE THIS, IF WE'RE GOING TO ALLOW IT, I REALLY THINK WE'VE GOT TO HAVE THOSE REGULATIONS SO THAT IT'S JUST NOT AS RAMPANT.
WE HAD ONE THAT QUESTION, WELL, EVEN WITH OPTION TWO, DOES THAT OPEN THE DOOR EVEN MORE FOR MORE TO COME? OH, IT, IT, IT DEFINITELY, IT OPEN THE DOOR.
IT JUST, YOU KNOW, AND HE JUST SAID EVEN THE BENEFIT ON THEIR END THAT THE CHARGES THAT PEOPLE WOULD GET ARE NOTHING COMPARED TO WHAT THEY, NO, I MEAN, I, I'VE SEEN IT ON MULTIPLE TIMES WHERE COUNTY IS OUT THERE SEIZING THE MACHINES, LOADING THEM UP ON TRAILERS, THEY'VE DONE 'EM HERE, THEY, THEY'VE HIT 'EM IN OYSTER CREEK, LITTLE BIT OF EVERYWHERE IF, YEAH.
SO THE OTHER, I MEAN, THE SECOND OPTION AS FAR AS REGULATING, UM, YOU KNOW, IT, UH, AS THE CHIEF SAID ABOUT BEING A, YOU KNOW, THE CITY BEING ON THE CUTTING EDGE OR WHATEVER, UH, I THINK THIS IS RELATIVELY NEW, RELATIVELY NEW, UH, LAW, NEW FINDING BY THE COURTS, RIGHT? UH, UH, FORT WORTH HAS MOVED FORWARD WITH IT AND STARTED ENFORCING IT JUST JANUARY OF THIS YEAR.
AND, UH, LIKE I SAID, I EXPECT TO SEE A LOT OF OTHER CITIES DOING THE SAME, DOING THE SAME WAY.
UH, IF Y'ALL FEEL LIKE CAUTIOUS, LIKE, WELL, WE DON'T WANT TO BE JUMPING OUT THERE, LET'S WAIT AND SEE WHAT OTHER PEOPLE DO.
RIGHT? THEN AT THE VERY LEAST, PASS THE REGULATION, RIGHT? BECAUSE RIGHT NOW, UH, NONE OF THE MACHINES IN THE CITY THEY'RE OPERATING NOW HAVE ANY REGULATION.
UM, UH, NO, YOU KNOW, NO REGISTRATION, UH, NO OVERSIGHT.
UM, AND, UH, INABILITY TO, UH, YOU KNOW, THIS REGULATION ALLOWS THE POLICE TO GO IN AND, UH, YOU KNOW, WHICH THEY SHOULD.
IF IT'S A PUBLIC, PUBLIC PLACE, THEN YOU KNOW, YOU SHOULD BE ABLE TO ALLOW THE POLICE TO GO IN AND, AND SEE WHAT'S GOING ON AND MAKE SURE THEY'RE NOT PAYING CASH OR MAKE SURE THEY'RE NOT DOING THOSE THINGS.
SO, YOU KNOW, THAT'S WHY, YOU KNOW, WE PRESENTED, UH, YOU KNOW, UH, TWO OPTIONS.
UM, ONE, YOU CAN JUST GO AHEAD AND SAY, ALL RIGHT, WE FEEL SAFE WITH THAT.
WE'LL JUST GO AHEAD AND DO THE BAN.
IF YOU WANT TO LIKE SLOW ROLL IT A LITTLE BIT AND WAIT AND SEE WHAT OTHER PEOPLE DO, THEN WE SAY WE'LL REGULATE IT AND MAYBE WE'LL BAN IT LATER.
I, I WILL, I WILL TELL YOU, MAKE SOME MONEY.
THE, THE OPTION TWO WAS JUST THAT, JUST IN CASE.
UM, BECAUSE WE DIDN'T WANT IT JUST TO CONTINUE GOING COMPLETELY UNCHECKED.
YOU KNOW, MY, MY RECOMMENDATION IS, IS THE BAN COMPLETELY.
UH, I THINK THAT'S THE WAY THAT YOU COVER EVERYTHING.
AND I'LL BE QUITE HONEST, I THINK A LOT OF CITIES OR OTHER CITIES ARE WATCHING US YES.
IN SOUTHERN MISSOURI COUNTY TO GO, HEY, IF WE STEP OUT ON THAT LIMB, I'VE GOT A FEELING WE WON'T BE THE, THE LAST, I DON'T WANT TO GO AGAINST YOU CHIEF, BUT I'VE STRUGGLED THIS.
IF, IF YOU CHOSE OPTION TWO, I SEE NOTHING IN HERE ABOUT THE NUMBER OF MACHINES.
SO IF YOU HAVE ONE MACHINE, YOU PAY FOR LICENSE.
WELL, CAN THE LICENSE BE A DETERRENT? THE FEES, OUR, OUR THOUGHT WAS IS THE FEE IS, IS HIGH ENOUGH THAT IT MAKES IT, HOW MUCH ARE THE FEE IS THERE? UH, I WANNA SAY WE SENT 'EM THAT THE LICENSE IS, ACCORDING TO THIS, THE LICENSE IS TWO GRAND PLUS A HUNDRED DOLLARS FOR EACH AMUSEMENT REDEMPTION MACHINE.
SO IF YOU'VE GOT 20 MACHINES, AND I THINK THE AVERAGE IS PROBABLY WHAT, SIX MACHINES? YEAH.
IT JUST KIND OF, IT KIND OF DEPENDS ON, I GUESS JUST A FEW STORES.
IT'S ON THE SPACE THAT THEY CAN FIT 'EM IN.
LIKE, YOU KNOW, THE ONE EXAMPLE, THE CHIEF SAT IT, I THINK THEY'VE GOT SIX MACHINES.
'CAUSE THEY HAVE ROOM FOR SIX, BUT THERE'S ANOTHER STORE THAT ONLY HAS ROOM FOR TWO.
SO THEY'VE GOT A COVER IN THERE.
I CAN TELL YOU THERE WAS ONE LOCAL STORE THAT THE UNDERCOVER WENT TO TRY TO SEE WHAT HE COULD DO AND SAT IN LINE ON THE CURB OUTSIDE FOR OVER AN HOUR AND STILL DIDN'T EVER HAVE A CHANCE TO GO IN.
BECAUSE THEY KNEW THAT THERE WAS TENSION PAID.
SO I, I MEAN, IT, IT'S HAPPENING.
AND, AND THAT'S AGAIN, MY CONCERN IS, WELL, I MEAN IT'S, WE, IF, IF WE DON'T DO SOMETHING, WE GET THE, THE FIRST GAME ROOM IN HERE, IT'S JUST GONNA
[01:05:01]
ROLL FROM THERE.SO IT, YOU KNOW, AT THE VERY LEAST, IF YOU ADOPT THE, IF YOU ADOPT THE REGULATIONS, SOME OF 'EM GONNA HAVE TO MOVE 'EM BECAUSE, UH, SOME OF 'EM GOT HEAD BACK TO THE CORNER.
YOU DON'T EVEN KNOW THEY'RE THERE UNLESS YOU, UNLESS YOU STUMBLE OVER THEM.
I'M, UH, IF THEY'RE GONNA HAVE TO BE SITTING IN FRONT OF A WINDOW, SOME BUSINESSES DON'T EVEN HAVE WINDOWS.
WHAT YOU CAN SEE THROUGH, AND THEN AGAIN, THAT PUTS I GUESS, SOME MORE FOR YOU TO DO.
WELL, BUT IF, IF THE, IF THE STATE SAYS IT'S ILLEGAL, IT'S ILLEGAL.
YEAH, MAYBE SO, BUT WE'RE GOING.
NO, BECAUSE EVEN IF WE DID SAY IT WAS OKAY AND REGULATED, THE STATE COULD STILL COME IN AND SHUT DOWN OR TELL US TO SHUT DOWN THE GAME.
SO THIS WOULD GIVE YOU THE REGULATORY AUTHORITY OVER THE MACHINES AS THEY ARE.
UM, SO WE WOULD HAVE TO, IF THEY WERE IN, NOT IN COMPLIANCE, LET'S SAY WE CAUGHT 'EM PAYING OUT, IT WOULD BE UP TO CHIEF FITCH.
WE WOULD HAVE TO GO SEIZE THE MACHINES, REVOKE THEIR LICENSE, AND THEN START A CRIMINAL CASE AGAINST THEM, WHICH WOULD PROBABLY BE A LOT.
I MEAN, IT REGULATION WOULD BE A LOT OF, A LOT OF WORKLOAD.
THE, THE UNFORTUNATE PART IS MISDEMEANOR.
I DON'T THINK THIS IS REAL HIGH ON OUR STATE LEGISLATORS TO DO THINGS.
UM, YOU KNOW, I, THEY'RE BEING BOMBARDED FROM THE OTHER SIDE.
I SEE COMMERCIALS FOR DESTINATION RESORTS.
SO, I MEAN, THEY'RE BEING BOMBARDED FROM THE OTHER SIDE.
SO I DON'T REALLY FEEL THAT THIS, THESE REDEMPTION MACHINES ARE REAL HIGH ON THEIR PRIORITIES TO ADDRESS RIGHT NOW.
SO I JUST DON'T THINK THEY'RE GOING TO NO, BUT WELL, I THINK WE'RE TRYING TO CLEAN, INCLUDE UP.
I THINK THAT'S THE WHOLE POINT OF EVERYTHING THAT WE DO.
AND THIS NEEDS TO BE PART OF IT.
IS THAT A MOTION?
BUT I THINK THAT'S ALWAYS BEEN THE STANDARD, HADN'T IT? CORRECT.
BUT THAT'S HOW THEY FIND THE LOOPHOLE.
HOWEVER, THERE IS A COMMONLY REFERRED TO FUZZY ANIMAL EXCEPTIONS,
WE HAD A, WELL, I WAS GONNA SAY, WELL, THE, THE FORT WORTH QUARTER OF APPEAL SAID THAT THAT LAW IS NOT CONSTITUTIONAL
AND I WOULD SAY THAT IN GO, WE HAD A REDEMPTION CENTER THAT OFFERED TOILET PAPER AND BLEACH.
BUT WHEN WE FINALLY CONDUCTED AN INVESTIGATION, IT WAS OBVIOUS THAT THE BLEACH AND TOILET PAPER HAD BEEN HANDED OFF SO MANY TIMES THAT THE LABELS WERE DISCOLORED BECAUSE THEY WOULD WALK IT NEXT DOOR, SELL IT FOR CASH, AND THEN THEY WOULD GO BACK INTO THE ROTATION.
SO IF FOLKS ARE GONNA FIND A WAY TO MAKE IT QUASI-LEGAL TO PAY, THEY'RE GONNA FIND A WAY TO MAKE IT QUASI-LEGAL.
OR THERE AREN'T SUPPOSED TO BE ANY CASINOS IN TEXAS EITHER.
BUT THERE'S ONE IN LIVINGSTON AND YEP.
ONE IN EAGLE PASS THAT I KNOW OF.
YEAH, IT'S, I CAN'T MAKE A MOTION.
I, I'M CONCERNED WITH THE, I AM CONCERNED AS A BUSINESS PERSON, DO THESE PEOPLE HAVE INVESTMENTS IN THE MACHINE? IS THERE A WAY TO TAPER IT DOWN? IS THERE A WAY FOR THEM TO GET OUT FROM UNDER 'EM? ARE THEY, IN FACT, LIKE MR. DUNCAN SAID, AND THEY REALLY DON'T HAVE ANY SKIN IN THE GAME.
THEY'RE JUST TAKING MONEY OFF THE TOP.
BUT I DON'T KNOW HOW TO DO THAT OTHER THAN I'M JUST COUNTRY ENOUGH TO WALK IN AND ASK.
I MEAN, I GUESS I GET LIED TO, BUT I GUESS THEY COULD ALWAYS SELL 'EM TO THE COUNTY PLACES.
YEAH, MAYBE SELL, I DON'T, I DON'T KNOW.
BUT THERE'S FOUR MORE Y'ALL THAT CAN MAKE THAT DECISION.
SO
SO IF WE, IF WE GET A MOTION, IT WOULD'VE TO BE FOR 2025 DASH 10.
SO DO I HAVE A MOTION FOR ONE OR THE OTHER?
[01:10:02]
MAYOR, I MOVE FOR OPTION ONE, HAVE A MOTION BY COUNCIL PERSON BOND THAT WE ADOPT ORDINANCE 2025 DASH OH 10 OPTION ONE.AND TO CLARIFY, THAT'S TO BAN, TO BAN THE MACHINES.
I HAVE A SECOND BY COUNCIL LOPEZ.
UM, I'LL JUST SAY, I MEAN, FOR ME IT'S JUST, I'VE NEVER BEEN A, I MEAN, I THINK THE COUNCIL KNOWS A BIG PERSON ON REGULATING ANYTHING, YOU KNOW, BUT I MEAN, I DO SEE THE ISSUES AND I MEAN, CHIEF, I NEVER WANT TO TRY TO MAKE YOUR JOB EVEN HARDER THAN IT IS.
I THINK I'M LIKE JEFF, I'M JUST STUCK IN BETWEEN.
BUT, 'CAUSE I CAN ALSO SEE THE OTHER SIDE OF, WELL, I CAN SEE THE OTHER SIDE, BUT YOU KNOW WHAT, EACH AND EVERY ONE OF THOSE BUSINESS OWNERS KNOWS THAT IT'S ILLEGAL, WHETHER THEY OWN THAT MACHINE OR THEY RENT IT, THEY KNOW WHAT THEY'RE DOING.
I DON'T KNOW THAT I COULD AGREE WITH THAT, BUT YOU GOT YOUR RIGHT.
I MEAN, I DON'T KNOW THAT ANY BUSINESS PERSON DOES THINK, UH, I DON'T KNOW.
ANY FURTHER DISCUSSION? I'LL ENTERTAIN A VOTE.
ALL IN OPPOSED?
I'M ABSTAINING BECAUSE I'M, I'M TORN.
I REALLY AM BETWEEN THE BUSINESS OWNER AND THIS LEGALITY OR NOT.
ABOUT FOUR, FOUR OR ONE SUBSTANTIAL.
WELL, IF THEY HAVE A MACHINE THEY OWN, ALL THEY HAVE TO DO IS JUST GO WRITE AT 2 88 AND MAKE CAN START A GAME ROOM.
MR. BAD WITH THEIR MACHINE, HE LIKE IT.
IT'S HARD TO DO WHEN YOU GOT 250,000 BUCKS.
SO THE LAST ITEM IS A REQUEST FROM MR. BADA TO APPEAR TO DISCUSS THE WATER BILL AT MOTEL SIX.
I DON'T THINK HE'S WITH US TONIGHT, SO DON'T EVEN HAVE TO TABLE THAT.
[V. CLOSED EXECUTIVE SESSION]
THEN THE NEXT ITEM WOULD BE CLOSED EXECUTIVE SESSIONS.THOSE EXECUTIVE SESSION IS AUTHORIZED BY THE TEXAS OPEN MEETINGS ACT, SECTION 5 5 1 0 7 4.
GOVERNMENT CODE PERSONNEL, MINOR DELIBERATIONS CONCERNING THE APPOINTMENT, EMPLOYMENT EVALUATION, REASSIGNMENT DUTIES, DISCIPLINE, OR DISMISSAL OF A PUBLIC OFFICER OR EMPLOYEE, OR TO HEAR A COMPLAINT AGAINST A CHARGE OR AN OFFICER OR EMPLOYEE.
WE WILL RETIRE TO EXECUTIVE SESSION.
I PRESUME WE'RE GOING TO YOUR OFFICE.
CONSIDER A MOTION TO COME BACK AT OPEN SESSION.
UH, NEXT ITEM IS ACTION TAKEN.
AS A RESULT OF THE CLOSED EXECUTIVE SESSION, I WOULD ENTERTAIN A MOTION FROM COUNSEL THAT WE OFFER SANDRA VALLEY THE INTERIM PROSECUTED POSITION FOR THE MUNICIPAL COURT.
HAVE A MOTION BY COUNCIL PER MAD.
DO I HAVE A SECOND? I'LL SECOND.
COUNCIL PER MAKE A SECOND DISCUSSION.
HEARING NONE, I'LL ENTERTAIN A VOTE.
[VI. NOTICE/ ANNOUNCEMENT OF UPCOMING EVENTS AND MEETINGS]
BE NOTICE OF ANNOUNCEMENTS OF UPCOMING EVENTS AND MEETINGS.REGULAR COUNCIL MEETING THURSDAY, APRIL 10TH AT 7:00 PM EASTER EGG HUNT INCLUSIVE MUNICIPAL PARK.
THE CITY OFFICES WILL BE CLOSED AND WE WILL HAVE A REGULAR COUNCIL MEETING ON APRIL THE 24TH, 2025 AT 7:00 PM AND THE NEXT ITEM IS ADJOURN.