* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. WHAT YOU CAN GET FROM [00:00:03] NOTICES HEREBY GIVEN OF A COUNCIL MEETING, WILL BE HELD THURSDAY, AUGUST THE 28TH, 2025 [I. COMMENCEMENT] AT 7:00 PM IN THE COUNCIL CHAMBERS OF KLU CITY HALL, LOCATED AT ONE WAY MAIN STREET, KLUTE, TEXAS 7 7 5 3 1. FOR THE BELOW LISTED ITEMS, CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO 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 NOT LIMITED IN SECTION 5 5 1 0.071 ATION WITH AN ATTORNEY, 5 5 1 0.072 DELIBERATIONS ABOUT REAL PROPERTY 5 5 1 0 7 3 DELIBERATIONS ABOUT GIFTS AND DONATIONS. 5 5 1 0 7 4 PERSONNEL MATTERS. 5 5 1 0 7 6 DELIBERATION ABOUT SECURITY DEVICES 5 5 1 0 8 7. ECONOMIC DEVELOPMENT 4 8 7 5 0.183 DELIBERATIONS 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 PACKET OF VIDEO LINK ARE POSTED ON THE CITYS WEBSITE@WWW.KLUTEXAS.GOV. TO ADDRESS 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 OBSERVE THE FIVE MINUTE TIME LIMIT. A RECORDING OF THE MEETING VIDEO WILL BE MADE AVAILABLE UPON WRITTEN REQUEST OF THE PUBLIC IN A COURT FOR MEETING TODAY. MEETING HAS NOW BEEN CALLED TO ORDER. MR. V TO US. VERY THANKFUL FOR ALL OF OUR FIRST RESPONDERS. WE JUST ASK THAT YOU ALWAYS KEEP THEM SAFE FAMILIES, AND WE ASK THAT ALL DECISIONS MADE BENEFICIAL TO WE ASK YOU. BLESS. AMEN. JOHN, SEND THE PLEDGE, PLEASE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. THANK YOU. NEXT ITEM WILL BE ROLL CALL COUNSEL. CALVIN CHIP. PRESENT JEFF. CHRIS PRESENT. ERIC AGUILAR. PRESENT. NICOLE MADDOX. PRESENT. JOE LOPEZ PRESENT, FRANCIS VAUGHN PRESENT. FIRST ITEM ON TONIGHT'S AGENDA IS SCISSOR VISITORS COMMENTS. THIS IS OPPORTUNITY FOR [II. CITIZENS/VISITORS COMMENTS] CITIZENS VISITORS TO SPEAK TO COUNSEL RELATING TO NON AGENDA ITEMS. SPEAKER ARE SPEAKERS ARE ADVISED THAT COMMENTS CANNOT BE RECEIVED, NO MATTERS WITH THEIR SUBJECT OF PUBLIC HEARING. ONCE THE PUBLIC HEARING HAS BEEN CLOSED, SPEAKERS ARE REQUIRED TO SUBMIT A GENERAL PUBLIC COMMENT FORM IN ADVANCE PRIOR TO THE MEETING AND MUST LIMIT THEIR PRESENTATION TO FIVE MINUTES. WE HAVE A REQUEST DENIED FROM MR. ARNOLD BOND TO SPEAK TO COUNSEL REGARDING JOB DUTIES AND FEES ON TRACK. UH, EVERYBODY. WELL, JUST SOME ISSUES. WHAT WE'RE, WERE, WERE, UH, I JUST, YOU KNOW, I UNDERSTAND IT'S WHAT IT'S, WE'RE GONNA, WE'RE WHAT WE'RE HAVE, BUT WE HAVE JOB AT THAT DRIVER, WHATEVER, WHAT, WHAT TO DO BECAUSE THAT'S ONLY WAY HE KNOW PICK UP BECAUSE SOMEBODY COME IN YESTERDAY SAID, HEY, UP TIMES. THERE'S OTHER THINGS TOO. WE HAVE CONTRACT EMPLOYEES. WE HAVE JUST, YOU KNOW, JOB DUTIES. I THINK ALL THIS NEEDS TO BE REVIEW. IT'S BEEN QUITE A WHILE SINCE Y'ALL DONE ANY KIND OF REVIEWS ON THE PEOPLE WHO HAVE THE CONTRACT. UH, I SAY NEED TO DO THAT. IT'S HARD TO, I MEAN, BECAUSE IF I, THIS PERSON, WE CREATED THIS WHOLE, WE ALL HAVE TO, SO I REVIEW ALL THIS STUFF AND LET'S GET EVERYBODY DOING WHAT THEY'RE SUPPOSED BE DOING. WE'RE SUPPOSED BE FOR OUR COMMUNITY AND [00:05:01] NOT WIFE. I DON'T, SO THERE COMING. SO I WOULD JUST, UH, I WOULD APPRECIATE THAT Y'ALL LOOK INTO THAT AND SEE IF Y'ALL NOT KEEPING UP. THAT'S NOT GONNA HAPPEN. BUT STILL SOMEBODY THERE ARE RULES IN DOING THIS. APPRECIATE IT. THANK YOU. THANK YOU MR. VAUGHN. NEXT ITEM WILL BE CONSENT AGENDA AND ITEMS LISTED UNDER THE CONSENT [Ill. CONSENT AGENDA] AGENDA ARE CONSIDERED ROUTINE AND GENERALLY ENACTED IN ONE MOTION. ACCEPTED THIS RULE THAT COUNCIL MEMBERS MAY REQUEST ONE OR MORE ITEMS BE REMOVED. THE CONSENT AGENDA FOR SEPARATE ACTION. TONIGHT'S CONSENT AGENDA CONSISTS OF ACCOUNTS PAYABLE REPORTS, WEDNESDAY, AUGUST 15TH, 2025, WEDNESDAY, AUGUST 22ND, 2025 AND MINUTES. JOINT PUBLIC HEARING, REGULAR COUNCIL MEETING BUDGET WORKSHOP ON AUGUST THE 14TH, 2025, AND A SPECIAL MEETING ON AUGUST THE 19TH, 2025. DO I HAVE A MOTION TO APPROVE THE CONSENT AGENDA? I'LL MAKE A MOTION. MOTION MADE BY COUNCILPERSON MADDOX, SECONDED BY, I'LL SECOND THE MOTION. ANY ITEMS NEED TO BE REMOVED? ANY DISCUSSION, HEARING DONE? I'LL ENTERTAIN A VOTE. ALL IN FAVOR? AYE. AYE. UNANIMOUS. THANK YOU. NEXT ITEM WOULD BE BUSINESS ITEMS. AND ITEM A IS A REQUEST TO APPEAR BEFORE [IV. BUSINESS ITEMS] COUNCIL, FORGIVE ME BEFORE I START. I KILL BOBBY BABIE DISCUSSION ON THE CITY ORDINANCE BANNING GAME ROOM MACHINES. MY NAME IS HIL. I'M A BUSINESS OWNER CITY, AND RIGHT NOW WE'RE FACING AN SITUATION. WE MACHINE, WE WANNA KEEP FOUR OR FIVE MACHINES, OUR STORES AND FOR OUR EMPLOYEES AT LEAST KEEP OUR STORES ARE CUSTOMERS. AND RIGHT NOW, AND OUR I'M SURE THAT ALL THOSE RESOURCE IS THIS WHERE YOU CAN TELL WHAT THEY, WHAT'S REQUIRED. RIGHT. SO, MR. BOBBY, YOU HAD SUBMITTED A, UH, A, UH, PETITION FOR REFEREND. UH, UNFORTUNATELY IT DID NOT MEET THE, IT DID NOT MEET THE REQUIREMENTS UNDER THE CHARTER. FOR WHAT, WHAT AN WHAT AN ACTUAL REFERENDUM OR WHAT AN ACTUAL PETITION IS. UM, THERE'S INFORMATION THAT'S SPELLED OUT WHEN THE ADDRESS OF THE INDIVIDUALS, THE NAME, THE DATE, AND THEN THEY WOULD ALSO NEED TO INCLUDE WHETHER OR NOT THEY VOTED IN THE LAST ELECTION BECAUSE THERE'S A THRESHOLD UNDER THE CHARTER THAT REQUIRES THAT. UM, THAT BEING SAID, TYPICALLY SPEAKING, A REFERENDUM, UH, CAN'T OVERTURN AN ORDINANCE. UM, THE COUNSEL UNDERTAKE THIS DECISION BASED ON THE DEC BASED ON THE, THE RULING FROM THE TEXAS SUPREME COURT. THOSE GAMING MACHINES WERE LEGAL IN THE STATE CONSTITUTION. SO, UH, IF YOU, IF YOU WANT TO PURSUE THIS, I WOULD SUGGEST THAT YOU FILE THE PETITION FOR REFERENDUM. UH, WE CAN PROVIDE YOU WITH THE FORMAT THAT NEEDS TO COME IN. UH, BUT THAT WOULD BE OUR RECOMMENDATION AT THIS TIME. IS THERE ANY DISCUSSION ON THAT OR NO? IS THERE ANY DISCUSSION ON THAT OR? NO, I MEAN, YOU CAN, IT'S ON THE AGENDA. YEAH, [00:10:01] IT'S ON ON THE AGENDA. IT'S ON THE AGENDA. SO IF YOU HAVE ANYTHING I, WELL, I I HAVE A COUPLE QUESTIONS IF I MAY. UH, WE DID THIS BASED ON THE OPINION OR THE UNDERSTANDING, OR AT LEAST MY PART MM-HMM . THAT THESE MACHINES WERE DEEMED ILLEGAL. IS THAT OPEN TO, JUST WENT BLANK ON MY WORD, UH, TO INTERPRETATION? INTERPRETATION OR IS THAT IN DEFENSE OF OUR BUSINESS OWNERS? THE REASON I ASK THIS, I SEE THEM IN OTHER PLACES. ARE THEY NOT ILLEGAL THERE? THAT'S PROBABLY A LOADED QUESTION, OBVIOUSLY. UH, BUT THEN BEING A BUSINESS PERSON INCLUDE, UH, I HAVE, I HAVE SOME CONCERNS WITH THEM ONE DAY THERE AND ONE DAY NOT WITHOUT ANY MEANS OF THERE WAS SOME LACK OF ACCOUNTABILITY ON Y'ALL'S END THAT KIND OF LED TO THIS. I'M NOT SAYING YOU CAN'T FIX IT, UH, OR IS THIS THE FACT WE HAVE PASSED AN ORDINANCE AND IT'S JUST A DEAD ISSUE? OKAY. SO WITH REGARD TO LEGALITY, UM, THE, UH, THE COURT OPINION'S VERY CLEAR AND, AND I, YOU KNOW, I'M ON THE, UM, UH, LISTSERV FOR CITY ATTORNEYS AND I SEE THE DISCUSSIONS. I SEE A LOT OF THE CITIES ARE NOW FOLLOWING AND DOING THAT BASED ON THAT, UM, UH, DECISION. SOME CITIES ARE, ARE ACTING FASTER THAN OTHERS. AND THEN THERE'S BEEN ANOTHER RECENT COURT OF BILL'S CASE WHERE THERE'S A NEW TYPE OF GAMES THAT ARE COMING OUT, AND THEN THERE'S AN ARGUMENT WHETHER THOSE NEW GAMES ARE IN FACT, UH, SKILL BASED OR BASED ON CHANCE. AND SO NOW THERE'S A BUNCH OF LITIGATION, UH, GOING ON RIGHT NOW, UH, AROUND THE STATE WITH, WITH NEW TYPE OF GAMES BECAUSE THE, YOU KNOW, THE, THE LAW'S CLEAR THAT THE GAME, THE, THE GAME, THE MACHINES WERE DEEMED TO BE ILLEGAL. AND SO NOW THE GAME MAKERS ARE COMING OUT WITH NEW GAMES, AND THOSE GAMES ARE ALL NOW BEING CHALLENGED IN COURT SO THAT IT'S A DEVELOPING, UH, ISSUE. BUT THE, AS FAR AS THE GAMES THAT WE MADE THAT, UH, WE SAID THAT, UH, WE BANNED, IT'S THE, THE OLD DEFINITION, IT'S THE DEFINITION OF GAMES THAT ARE NOT, THAT HAVE GAMES OF CHANCE. THEY'RE NOT GAMES PURELY OF SKILL. RIGHT. SO, UM, NOW YOU CAN, ANYTIME THE CITY COUNCIL HAS THE AUTHORITY TO PASS A ORDINANCE, THEY ALWAYS HAVE AN AUTHORITY TO PASS A NEW ORDINANCE. SO, YOU KNOW, WHEN YOU SAID IT'S A DEAD ISSUE, IT'S ALWAYS A POSSIBILITY. UH, BUT, UM, YOU KNOW, AND I, I CAN'T REALLY ANSWER FOR OTHER CITIES THAT ARE, OR COUNTIES OR WHATEVER THAT ARE, YOU KNOW, STILL ALLOWING, UM, UH, THE GAME ROOMS OR THE GAME THE MACHINES TO STILL FUNCTION, YOU KNOW? BUT I DO SEE THAT, UH, A LOT OF CITIES AROUND THE STATE ARE FOLLOWING THE SAME THING THAT WE ARE DOING, UH, AND, UH, UH, PASSING ORDINANCES, BANNING THE, UM, MACHINES. AND THEN I, THERE'S THE BIG DEVELOPING SITUATION NOW WHERE THERE'S NEW MACHINES COMING ON THE SCENE. UH, SO THAT'S NEW LITIGATION. UH, THE NEW MACHINES, GAMBLING MACHINES ARE NOT. SO, UM, WOULD THOSE NEW MACHINES FALL UNDERNEATH THE ORDINANCE THAT WE HAVE NOW? NOPE. NOT IF THEY'RE NOT, IF THEY'RE GAMES OF SKILL. THAT'S THE QUESTION. SO, GAMES OF SKILL, NOT GAMES OF CHANCE. CORRECT. SO CAN YOU, AND I KNOW IT'S MAYBE THAT I GUESS THE COURTS ARE GONNA CLARIFY, BUT CAN YOU CLARIFY THE DIFFERENCE BETWEEN A GAME OF SKILL AND A GAME A CHANCE FOR EVERYBODY? OKAY. WELL, I MEAN, THE, I WOULD SAY, UH, AND, AND I DON'T KNOW, I'M NOT FAMILIAR WITH THE ACTUAL GAMES THAT THEY'RE, THEY'RE, 'CAUSE THEY'RE ELECTRONIC GAMES SIMILAR TO THE GAMES THAT, UH, UH, HAVE BEEN AROUND. UM, BUT, UH, AND SO I DON'T KNOW EXACTLY HOW THOSE NEW GAMES WORK, BUT THE BEST, UH, UH, EXAMPLE I WOULD GIVE OF GAMES OF SKILL WOULD BE, YOU KNOW, SHOOTING THE BASKETBALL IN THE BASKETBALL HOOP, UH, THROWING THE RING OVER THE COKE BOTTLES. RIGHT NOW, EVEN THOUGH THE CHANCES MIGHT BE SLIM, BECAUSE THOSE GAMES ALL HAVE LITTLE TRICKS INVOLVED, RIGHT. YOU KNOW, YOU COULD THINK OF THOSE LIKE CARNIVAL GAMES, RIGHT? UM, THEY ARE PURELY, UH, GAMES OF SKILL. AND SO THAT WOULD BE THE DIFFERENCE BETWEEN GAMES OF SKILL AND GAME OF CHANCE. AND I THINK THE GAMES OF, UH, THE, THE VIDEO GAMES THAT I READ IN THE COURT CASE, IT'S SOMETHING ABOUT MEMORIZING LIKE THE GAME, THE MACHINE GIVES YOU A BUNCH OF WORDS OR PICTURES AND THEN YOU HAVE TO REMEMBER AND DO IT BACK IN ORDER OR SOMETHING LIKE THAT. UM, AND I THINK THAT'S WHAT THE NEW GAMES COMING OUT OF GAMES OF SKILL ARE IN ORDER [00:15:01] TO GET SOME SORT OF GAMES, UH, THAT PEOPLE WILL SPEND MONEY ON. SO, UM, SO IF A GAME LIKE THAT COMES INTO OUR CITY AND WE HAVE TO LOOK AT IT AND DETERMINE IF IT VIOLATES OUR ORDINANCE OR IF IT DOESN'T VIOLATE OUR ORDINANCE, SO, BUT I, I DON'T HAVE ANY, UH, INFORMATION THAT WE HAVE, ANY OF THOSE GAMES OR ANY OF THOSE TYPE OF GAMES HAVE BEEN PROPOSED. BUT, UH, IT IS, WE'RE, IT IS DEFINITELY THE, THE LAW IS ESTABLISHED BECAUSE THAT'S WHY THE GAME MACHINE MAKERS ARE NOW COMING UP WITH THESE DIFFERENT GAMES TO TRY TO COME UP WITH SOME GAME THAT'S NOT ILLEGAL. THAT'S A PURELY A GAME OF SKILL. AND THAT'S, I THINK IT'S LIKE THE MEMORIZATION OF A LONG LIST OF THINGS IS THE GAME OF SKILL. BUT CORRECT ME IF I'M WRONG, WASN'T THE OTHER PART OF THE PROBLEM THE FACT THAT THEY'RE PAYING OUT IN CASH AND NOT MONETARY PRICESS OR, YOU KNOW? WELL, AND THAT'S ALWAYS, THAT'S ALWAYS, THAT'S ALWAYS BEEN ILLEGAL, RIGHT? THAT'S CLEARLY, THAT'S, THAT PART IS CLEARLY ILLEGAL. RIGHT? UM, AND THEN, YOU KNOW, THE, THE LEGISLATURE, YOU KNOW, PASSED THE LAW, STATE LAW THAT SAYS YOU CAN DO WHAT THEY CALL THE, YOU KNOW, THE FLUFFY ANIMAL EXCEPTION. IF YOU'RE GIVING AWAY A PRIZE THAT'S WORTH A CERTAIN PERCENTAGE OF THE AMOUNT THAT YOU SPEND OR SOMETHING LIKE THAT. BUT THAT THE COURT CASE THAT SAID THESE GAMES ARE GAMBLING MACHINES AND ILLEGAL, UH, ACTUALLY, UH, SAID THAT THAT LAW THAT THE LEGISLATURE MADE IS NOT CONSTITUTIONAL. SO THE FUZZY ANIMAL, EX EXCEPTION DOESN'T, UH, APPLY ANYMORE. AND TO ANSWER YOUR QUESTION, COUNCIL MEMBER, WE DID ON VARIOUS OCCASIONS HAVE OFFICERS GO IN AND COLLECT CASH FOR PLAYING, RIGHT? I THOUGHT SO. ARE Y'ALL PICKING SOME OF THIS UP BACK THERE TO WHAT WE'RE TALKING ABOUT? I DON'T KNOW IF Y'ALL BEEN APPROACHED WITH NEW GAMES OR I DON'T KNOW HOW THAT ANY OF THAT FUNCTIONS. WE NEED TO CHECK WITH OUR, UH, NAME. WE NEED TO CHECK WITH THE GATE, BUT I CAN'T, BUT I THINK THE, THE QUESTION WAS IS DO YOU UNDERSTAND THAT THERE'S A DIFFERENCE BETWEEN A A I'M SORRY. DO YOU UNDERSTAND THAT THERE'S A DIFFERENCE BETWEEN A GAME OF SKILL AND A GAME OF CHANCE? YES, SIR. OKAY. AND THAT'S WHAT'S CURRENTLY BEING LITIGATED BECAUSE THE GAMES OF CHANCE HAVE ABSOLUTELY BEEN DECLARED UNCONSTITUTIONAL. SO APPROVE THAT. WELL, I DON'T, I DON'T, I, WE CAN'T SAY WHETHER OR NOT WE WOULD APPROVE THEM OR NOT RIGHT NOW, BECAUSE WHILE WE'VE EXPERIENCED OUR GAMES OF CHANCE, WE WOULD HAVE TO, WE WOULD PROBABLY WANT TO WAIT. IT WOULD BE PRUDENT TO WAIT UNTIL WE HAD A DECISION ON WHAT CONSTITUTES A GAME OF SKILL. AND THAT'S STILL STILL BEING DETERMINED BY THE STATE. YEAH, BUT I WOULD, I, I MEAN, I GUARANTEE YOU THE PEOPLE THAT MAKE THE GAME MACHINES, THEY'RE AWARE OF THE SITUATION, RIGHT? AND THEY'RE THE ONES THAT ARE COMING UP WITH THE NEW GAMES. SO, AND, AND IT, UH, SO WHEN YOU TALK TO THE, YOUR GAME MACHINE SUPPLIERS OR WHATEVER, UH, I'M SURE THEY WOULD BE ABLE TO GIVE YOU SOME ADVICE OF WHAT, YOU KNOW, THEY FEEL IT WOULD BE LEGAL AND WHAT'S NOT LEGAL AT THIS POINT. SO, HAVE Y'ALL REQUESTED ANY INFORMATION FROM YOUR GANG PROVIDERS AS FAR AS REASON? I GUESS SOME PEOPLE THINK THEY'RE OKAY AND SOME PEOPLE THINK THEY'RE GOOD. HAVE YOU GOT ANY INFORMATION THAT WELL, I, NO. MY UNDERSTANDING IS LIKE, LIKE I SAID, THERE IS A STATE LAW THAT SAYS THAT IT IS PERMISSIBLE AS LONG AS YOU'RE NOT GIVING AWAY CASH. RIGHT. AS LONG AS YOU'RE GIVING AWAY NON-MONETARY PRICE SAYS IT SAYS THAT THEY'RE NOT ILLEGAL. BUT THE SUPREME COURT OVERRULED THAT RULE. OVERRULED THAT LAW. THAT'S MY UNDERSTANDING. LIKE I SAID, I WOULD GUESS, LIKE MR. UH, COUNCILMAN CRISP SAID, I MEAN THE GAME MACHINE MANUFACTURERS AND GUYS THAT, THE COMPANIES THAT PROVIDE THE GAMES TO YOU, I GUARANTEE YOU THEY KNOW ALL THE INS AND OUTS OF ALL WHAT'S GOING ON RIGHT NOW. RIGHT? BECAUSE WE'RE CLUE'S NOT THE ONLY PLACE, UH, THIS IS HAPPENING ALL OVER THE STATE. AND SO, UM, UH, I KNOW IT'S AFFECTING Y'ALL, Y'ALL ARE IN AND IT AFFECTS YOU. AND YOU MAY SEE SOME OTHER CITIES AROUND THAT, HEY, THEY'RE NOT DOING THE SAME THING. YOU KNOW, WHY IS KLU DOING THIS? BUT WE'RE NOT THE, WE'RE NOT THE LONE RANGERS ON THIS. THERE ARE A LOT OF OTHER CITIES THAT LOOKED AT THAT SUPREME COURT CASE AND, AND COME TO THE SAME CONCLUSION AND, AND BAND THEM. AND SO, YOU KNOW, AS FAR AS COMING UP WITH GAMES THAT Y'ALL CAN USE, THAT WILL BE IN COMPLIANCE WITH [00:20:01] THE LAW THAT ARE NOT, UH, GAMBLING DEVICES UNDER THE SUPREME COURT, UM, I WOULD ASK YOUR GAME PROVIDERS 'CAUSE THEY WILL KNOW ALL THE DETAILS 'CAUSE THAT'S THEIR BUSINESS. RIGHT. AND I'VE JUST GOT ONE MORE THING ON THE CUSP OF BEING PROBABLY NOT POLITICALLY CORRECT, WHICH IS MY MIDDLE NAME. UM, THE FACT THAT THE, THE, HOW THE PRIZES WERE DONE VERSUS MONEY THAT WAS DONE BROUGHT THIS HAMMER DOWN ON Y'ALLS SELVES. YEAH. I DON'T KNOW HOW TO FIX THAT. AND I DON'T KNOW HOW TO GET YOU BACK TO SQUARE ONE, BUT YOU'RE GONNA HAVE TO WORK AT IT REALLY HARD. DETERMINE ON WHICH ONE OF THESE GAMES MAY OR MAY NOT BE ACCEPTED. UM, AND THEN WE JUST DON'T HAVE ENOUGH POLICE, WE DON'T HAVE ENOUGH PEOPLE TO POLICE Y'ALL GO AND DRY IT. IF Y'ALL, IF YOU HAVE A OLD SAYING ONE APPLE CAN SPOIL THE BARREL, THAT MAY BE THE CASE. AND THAT'S JUST ME SPEAKING OFF OF ME PERSONALLY, BECAUSE I HATE TO SEE ANY BUSINESS GET PUNISHED IN ANY SORT OF WAY. BUT SOMETIMES WE HAVE A SITUATION WITH Y'ALL, Y'ALL ARE TWOFOLD. THE GAMES ARE AN ISSUE, WHICH I STILL WONDER HOW IT'S DEEMED ILLEGALLY IN ONE SPOT, NOT ANOTHER. I STILL STRUGGLE WITH THAT. BUT, UH, THE PAYMENT OF WINNERS WAS TRULY THE DEMISE. YES. THAT BROUGHT THIS UP. JUST TO BE FAIR, THAT'S MY OPINION. NOT THE GAMES THEMSELVES, BUT THE, THE PRIZE AND CJ CJ THE ONLY THING IF YOU COULD PROVIDE THEM OR SOMEONE PROVIDE THEM WITH THE CORRECT INFORMATION THAT THEY NEED TO, UH, PETITION, CREATE THEIR PETITION. YEAH, WE'LL GET THAT TOO. YOU UNDERSTAND THE FORMAT WAS NOT QUITE CORRECT, THAT THERE'S A BETTER ONE. YEAH. AND WE'LL TRY TO GET YOU THE CORRECT ONE IF YOU WANT TO DO IT AGAIN. HAS TO CONTAIN A CERTAIN AMOUNT OF, HAS TO CONTAIN A CERTAIN AMOUNT OF INFORMATION. AND THE FORMAT WILL TELL YOU IT HAS TO BE A CERTAIN PERCENTAGE OF THE REGISTERED VOTERS IN THE LAST ELECTION IS CORRECT. MM-HMM . YEAH. WELL, THAT WOULD BE STEP TWO. , FIGURING THAT PERCENTAGE. OKAY. ANY OTHER QUESTIONS, COMMENTS REGARDING THIS? I'D LIKE TO THANK Y'ALL FOR YOUR TIME FOR SHOWING THE INTEREST. UH, LIKE I SAID, THIS IS, THIS WASN'T MEANT TO TO BE A PUNISHMENT FOR ANYBODY, IT WAS JUST, IT WAS JUST GETTING OUTTA HAND FOR US TO CONTROL IT. SO, YOU KNOW, IT'S, IT IS WHAT IT IS AT THIS, AT THIS POINT. THERE'S A NEXT ITEM WOULD BE CONSIDERATION OF POSSIBLE ACTION TO APPROVE THE USE OF STRATTON RIDGE SPORTSPLEX FOR THE BRASSWOOD 2025 BONFIRE. HI. GOOD EVENING. THANK YOU FOR HAVING US. UH, MY NAME IS ETTE TUBBLE. I'M THE PRESIDENT OF THE, UH, CLASS OF 2026 BRASSWOOD SENIOR PARENT BOOSTERS CLUB. THIS IS RACHEL WILBANKS, SHE'S OUR SECRETARY. UM, WE ARE COMING CONVINCING TONIGHT TO REQUEST THE USE OF STRATTON RIDGE, EXCUSE ME, STRATTON RIDGE SPORTS FLEX, UM, ON SEPTEMBER 18TH FOR THE BONFIRE FOR THE CLASS OF 2026. WHAT ELSE? DO WE HAVE ANY DISCUSSION? I MEAN, NOT REALLY. I'M GONNA MAKE A MOTION TO SAY YES. YEAH, I'LL SECOND THE MOTION. WE HAVE A MOTION MADE BY, I'M SUPER PREPARED. SO DID, DID WE FIGURE OUT THE, THE, WE HAVE A MOTION TO APPROVE MADE BY COUNCILPERSON ADDICTS AND A SECOND BY COUNCIL BEN AGUILAR . AND THEN WE CAN DISCUSS. OH, OKAY. I THOUGHT THEY WERE READY FOR QUESTIONS. HE HAS DISCUSSION. HE HAD A QUESTION. NOW YOU CAN ANSWER. YEAH. NOW YOU, NOW YOU CAN ANSWER. YEAH. DID, DID WE FIGURE OUT THE CLEANUP SITUATION? I KNOW THAT WAS A CONCERN WE HAVE ABOUT THAT. SURE. YEAH. WE'VE MET A COUPLE TIMES. UM, I THINK INITIALLY THERE WAS SOME MISUNDERSTANDING BETWEEN THE BOOSTER CLUB AND THE SCHOOL DISTRICT AND HIGH SCHOOL AND THE PRINCIPAL, THE SUPERINTENDENT, EVERYBODY, EVERYBODY. PAGE, IMAGINE THAT, YOU KNOW, OUR ORGANIZATION. UM, BUT SINCE THEN, I THINK EVERYTHING HAS BEEN SUPPORTED AWAY. WE'VE GOT ARRANGE FOR CLEANUP. UM, THE SCHOOL IS GONNA TAKE CARE, CARE OF THE SECURITY, THE TRAFFIC CONTROL, THE TRANSPORTATION, UH, THE BOOSTER CLUB PARENTS ARE ACTUALLY GOING TO CONTINUE FORWARD WITH PURCHASING AN INSURANCE POLICY FOR THAT NIGHT JUST TO MAKE SURE EVERYTHING'S PROTECTED AND COVERED. UH, WE'RE HAPPY TO, TO ASSIST WITH THE EVENT. IT'S A FUN EVENT. IT KIDS LIKE IT, IT'S A GOOD COMMUNITY THING. WE'RE, WE'RE HAPPY TO HOST IT AGAIN, BUT I THINK WE'VE COVERED ALL OUR BASES AND, AND WE'RE GOOD TO MOVE FORWARD. YEAH, I MEAN, WE'RE, WE'RE ALWAYS HAVING TO HOST IT HERE IN INCLUDE, SO YEAH. IT'S, IT'S PRETTY COOL. SO WE'RE VERY EXCITED ABOUT IT. I GOT TO GO TO BRAD WOODS FIRST. BOB, I I, HUNDRED YEARS AGO AND IT WAS WHERE [00:25:01] THE SOFTBALL BUILDING IS. YEAH. AWESOME. I WENT TO ERIC'S TEAM. OURS WAS IN THE BEHIND WHERE THE, WHERE THE FRESHMAN BUILDING IS NOW. THERE WAS NO FRESHMAN BUILDING. YEAH. SO THE ONE I WENT TO, IT WAS BEHIND THE PARKING LOT WHERE THE FRESHMAN BUILDING WAS. BUT I'M NOT NEAR AS OLD AS Y'ALL. PROBABLY. SO, , WELL, SLATE SLATE. PHIL WASN'T THERE WHEN THEY BURN OURS. NO, BECAUSE IT WAS, IT WAS BURNING THE END. IT WAS BURNING AT THE END OF SLATE FIELD. . YEAH. SLATE WAS STILL THERE. THERE WAS NO SLATE FIELD. HE WAS STILL RUNNING AROUND THE PARKING LOT. THAT'S RON. YES. CATCHING ME. WELL, IT LOOKS LIKE IT'S VERY ORGANIZED. VERY WELL ORGANIZED. WE HAVE LAUREN PARSONS TO THANK FOR THAT. I CAN TAKE ZERO RESPONSIBILITY , EVEN AS THE PRESIDENT. I WILL I'LL TO HER AS SHE, UH, SHE'S OUR, OUR, UH, DETAIL PERSON. ANY FURTHER DISCUSSION? ANY OTHER QUESTIONS? COMMENT. THANK Y'ALL FOR HAVING THE SO WE'RE GOOD TO START POSTING AND THINGS THAT, THAT IT AT STRAT RIDGE. Y'ALL ARE FINE. THAT WE MADE A MOTION TO WE VOTE THOUGH. NO, AS SOON AS WE VOTE, YOU CAN DISCUSSION. STILL A DISCUSSION. WE OH, WE'RE STILL DISCUSSING ANTSY CROWD. I'M JUST EXCITED ON FACEBOOK. YOU GONNA TELL US Y'ALL, YOU ANY FURTHER QUESTIONS OR COMMENTS? HEARING? AIN'T NONE. I'LL LET HER TAKE A VOTE. ALL IN FAVOR? AYE. AYE. IT'S UNANIMOUS. THANK GOD. NOW PUSH POST. THERE YOU GO. SHE HAD THE DRAFT READY. HAVE TO FOLLOW THE RULES. . NEXT ITEM WOULD BE CONSIDERATION AND POSSIBLE ACTION TO ADOPT RESOLUTION NUMBER 40 DASH 2025. A RESOLUTION APPROVING THE PROJECT DEVELOPMENT AGREEMENT BETWEEN THE CITY AND AMCO TO CONDUCT AN INVESTMENT GRADE AUDIT OF THE CITY'S AUTOMATIC AUTOMATED WATER METER SYSTEM, POTENTIALLY LEADING TO REPLACEMENT AND A RENEWAL PROJECT. AND IT WOULD BE RESOLUTION NUMBER 40 DASH 2025. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KLUTE, TEXAS APPROVING A PERFORMANCE BASED SERVICE CONTRACT WITH AMERCO FOR THE CON FOR, FOR THE CONDUCT OF A PRESUME THAT SHOULD BE TWO, CONDUCT THE, FOR THE CONDUCT OF AN INVESTMENT GRADE AUDIT, IGA OF THE CITY'S AUTOMATED WATER METER SYSTEM. WHEREAS THE CITY HAS ENCOUNTERED MULTIPLE ISSUES RELATED TO THE OPERATION OF ITS AUTOMATIC WATER METER SYSTEM. AND WHEREAS THE CITY IS DESIROUS OF UNDERSTANDING THE NATURE OF THE PERFORMANCE OF SET SYSTEM AND WHEREAS AMCO HAS A PROVEN TRACK RECORD OF SUCCESSFUL PROJECTS IN THE AREA OF WATER METERING AND BILLING PERFORMANCE ENHANCEMENT. AND WHEREAS STATE LAW ALLOWS THE CITY TO PROCURE SET SERVICES ON A SOLE SOURCE BASIS, WHEREAS THE CITY UNDERSTANDS THAT THE CONDUCT, THE CONDUCT, CONDUCT OF THIS INVESTMENT GRADE AUDIT, IGA DOES NOT BIND THE CITY TO CONDUCT A PROJECT UNLESS IT DESIRES TO DO SO. NOW THEREFORE IT BE RESOLVED BY THE CITY COUNCIL, CITY INCLUDE TEXAS, THAT THE ATTACHED CONTRACT FOR AN INVESTMENT GRADE AUDIT BETWEEN THE CITY AND AMCO, IT'S HEREBY APPROVED AND THE MAYOR AND OR CITY MANAGER ARE HEREBY AUTHORIZED TO EXECUTE SAID CONTRACT, WHICH WILL EVALUATE THE PERFORMANCE OF WITH THE AUTOMATED WA METER SYSTEM AND PROVIDE FEEDBACK ON ANY POTENTIAL CHANGES OR ENHANCEMENTS. FURTHER IS AGREED THAT THE CITY SHOULD DECIDE ONLY TO HAVE THE IGA PERFORMED IS NOT OBLIGATED TO CONDUCT ADDITIONAL PROJECTS AND CAN PAY A ONE-TIME FEE AS PROVIDED BY THE ATTACHED CONTRACT. RED PASSES ADOPTED THIS 28TH DAY OF AUGUST, 2025, SIGNED BY MYSELF AND ATEST BY ROSA APPOINTMENT. CITY CLERK COUNSEL WILL REMEMBER WE HAD A PRESENTATION DURING BUDGET AND THEN LATER FROM ACO. UH, WE'VE TALKED TO A COUPLE OTHER, UH, DIRECT VENDORS IN TERMS OF METERS TRYING TO SELL US METERS THEMSELVES. UH, WE WOULD, UNDER THOSE PROVISIONS, THEY WANTED US, BASICALLY THEY WOULD ASSIST US, BUT WE WOULD BE RESPONSIBLE FOR CONDUCTING THE AUDIT. UM, WE FEEL LIKE ESCO PROVIDES A BETTER OPTION BECAUSE THEY'RE PERFORMANCE GUARANTEED CONTRACTORS. SO IF WE DECIDE WE WANT TO MOVE FORWARD WITH THE PROJECT, UH, AFTER THE AUDIT IS COMPLETED, THEY WOULD BE ON THE HOOK FOR ANY REPLACEMENT COSTS OR ANY REPAIRS. UH, THEY WOULD ALSO CONDUCT THE AUDIT INDEPENDENT OF OUR STAFF, WHICH JOHN AND GUYS YOU PRETTY WELL TAXED AS Y'ALL HAVE. I DID HAVE ONE QUESTION JUST BECAUSE I CAN'T REMEMBER IF HE [00:30:01] TOLD US THAT NIGHT, IF WE WERE TO GO WITH THEIR SYSTEM, WHAT KIND OF WARRANTY DID THEY HAVE? SO IT DEPENDS ON THE ACTUAL VENDOR THAT WE WOULD GO WITH. SO THEY WOULD HELP US SELECT WHICH WE, WE WENT TO OR CHANGE TO OR STATE WITH. UH, THAT'S AT ALL OF OUR DISCRETION IN, IN OUR CHOICE. SO EACH VENDOR HAS THEIR OWN SET OF DIFFERENT WARRANTIES. UH, BUT BECAUSE IT'S A PERFORMANCE BASED CONTRACT, YOU WOULD HAVE THE, YOU WOULD HAVE THE ABILITY TO BA BASICALLY THEY WOULD BE ON THE HOOK. IF YOU RECALL, WHEN WE DID THE SCHNEIDER CONTRACT BACK IN 2014, THAT WAS BEFORE ME. UH, YEAH. I THINK WE HAD TO REPLACE JOHN. WAS IT EVERY METER? WE REPLACED EVERY METER AND IT WAS DONE AT THEIR COST, NOT OUR COST, BECAUSE THE INITIAL SET OF METERS THAT WENT IN THE GROUND WERE NOT. RIGHT. AND SO THAT WOULD BE THE PROTECTION THAT COMES WITH DOING THE PERFORMANCE CONTRACT AS OPPOSED TO JUST BUYING THE METERS THEMSELVES. BUT THIS STEP IS JUST TO HAVE THE AUDIT DONE TO SEE WHERE THE ISSUE'S LIKE, AND THE WALKAWAY FEE IS, I THINK $45,000. WE INCLUDED A BUDGET FOR A METER PROJECT IN THE ENTERPRISE FUND BUDGET FOR THE UPCOMING YEAR. UM, WE'LL BREAK THAT INTO TWO ANNUAL PIECES INSTEAD OF TRYING TO DO IT ALL IN ONE FIELD. THIS IS TO GET THE PROCESS STARTED. I JUST IN IN READING UNDER THE PHASES OF THE PROJECT, ARTICLE ONE AND I GUESS ONE, ONE B AND HELP ME OUT WITH, IF AMERICO DETERMINED IN ITS SOLE DISCRETION AT ANY TIME BEFORE THE COMPLETION OF THE REPORT THAT THE ANTICIPATED PROJECT BENEFIT CANNOT BE ACHIEVED HERE, THEN THEY, THEY PULL THE PLUG. WE DON'T HAVE A SAY SO IN IT AT ALL, BUT THEY DETERMINE THAT OUR SYSTEM'S WORKING CORRECTLY AND IT'S AT 90 WHATEVER, WE SET THAT BENCHMARK AT 99.9% ACCURATE OR 99.8% ACCURATE. THEY CAN SAY THAT THEY CAN, THEY DON'T, THEY'RE NOT, THEY'RE NOT ABLE TO PERFORM AND THEN THEY GET THEIR 45,000 BASICALLY THEY WOULD'VE CONDUCTED THE AUDIT AT THAT POINT AND WERE PAYING FOR THE AUDIT. WOW, THAT SOUNDS LIKE A PRETTY LOADED DEAL. WELL IT, IT VERY WELL COULD BE. UM, THAT'S TYPICALLY IF WE WERE GONNA HIRE SOMEBODY OUTSIDE, I DON'T KNOW WHAT THE FEE WOULD BE. WE'D HAVE AN ENGINEERING FIRM COME IN AND DO IT FOR US. I DUNNO WHAT THAT FEE WOULD BE. IT'D PROBABLY BE IN THE SAME BALLPARK WOULD BE MY GUESSTIMATE. UM, AND SO I MEAN WE, WE'D MIGHT BE OUT IT OURSELVES, BUT WE'RE STILL GONNA HAVE TO PAY THE LABOR AND TRANSPORTATION OF LAB FEES TO HAVE IT INDEPENDENTLY TESTED. WELL, I UNDERSTAND CONTRACTS ARE NORMALLY WRITTEN IN THE PERSON'S FAVOR THAT'S WRITING IT. RIGHT? UH, THAT'S PRETTY SIMPLE. I THINK, UH, I JUST STRUGGLE THE FACT THAT WE DON'T HAVE ANY INPUT OR ANY CONTINGENCY OR WHAT IFS OR ANYTHING. AND I DON'T DOUBT THEY DO A GOOD JOB. I DON'T DOUBT WE'D NEED SOMETHING THAT JUST REALLY JUMPS OFF THE PAGE AT ME. THAT'S ALL. MR. DUNCAN, DO YOU WANT YEAH. WHAT SECTION ARE YOU LOOKING AT AGAIN? 1 1 1 1 B. MM-HMM . THAT THE LAST, IT, THE WHOLE POINT OF IN ITS SOLE DISCRETION AT ANY TIME, ANY INFORMATION, OR MAYBE THAT'S JUST HOW I'M READING IT, THAT THEY DECIDE THAT THIS CAN'T BE BENEFICIAL. THEY DON'T WALK AWAY. WELL, THEY DO WALK AWAY, BUT THEY WALK AWAY WITHOUT 45,000 BUCKS. IF I READ THIS RIGHT, THE LAST, WELL, THE VERY LAST THING SAYS IN WHICH CASE THE OWNER WILL NOT BE CHARGED FOR ANY IGA ACTIVITIES THAT YEAH. YEAH. DOES THAT MEAN, SO NO, $45,000 IF THAT'S THE CASE, CORRECT? THAT'S CORRECT. THAT'S HOW I READ IT. MAYBE THE BREAKAGE FEE IS IF WE WALK IN AND SAY, NOPE, WE DON'T NEED YOUR SERVICES ANYMORE BY RIGHT. IT'S, IT IS A LITTLE, THE CONTRACT AT THAT POINT AND THEY'RE LIKE, WELL THEN YOU GET, GIVE US 45,000. YEAH, IT'S A LITTLE BIT, IT'S A LITTLE BIT, UM, MISLEADING BECAUSE IT SAYS BREAKAGE FEE RIGHT THERE BELOW THAT. AND SO YOU THINK THAT, THAT, THAT MEANS THEY GET PAID THE 45,000 REGARDLESS, BUT YOU LOOK DOWN FURTHER IN THE CONTRACT AND TALKS ABOUT THE BREAKAGE FEE. THAT'S WHAT, UM, UH, IT'S JUST IF WE, IF WE BREAK THE, THE CONTRACT THAT BREAKAGE SHOULD BE SO, UM, WELL HELP ME OUT. WHERE, WHERE'S THE WE PART OKAY. WAS READING THAT. I'M READING. YEAH, YEAH, YEAH. WELL, IT SOMEWHERE ELSE. IT'S BASICALLY SAY WHAT I, THE WAY I'M READING IT BASICALLY SAYS, SHOULD THEY DECIDE TO BACK OUTTA THE CONTRACT THAT THEIR SOLE DISCRETION THE OWNER IS NOT, WILL NOT BE CHARGED FOR ANYTHING. RIGHT. YEAH. SO IF YOU LOOK AT 1.2 B YEAH, THAT'S WHAT I, I WAS ABOUT TO SAY NO, OVER HERE ON THE NEXT PAGE. POINT TWO. YEAH. IF [00:35:01] YOU GO TO 1.2 B, IT SAYS, OWNER ACKNOWLEDGES THAT THE BREAKAGE FEE FOR IGA IS 45,000 AND THE TOTAL COST OF DEVELOPMENT WILL BE INCLUDED IN THE CONTRACT IF OWNER ELECTS TO PROCEED WRITTEN. IF WE ACCEPT, IF WE DECIDE TO, IF WE DECIDE IF WE IT WILL BE INCLUDED. IF IT, IF WE DECIDE TO, IF THEY, YEAH. IF WE DECIDE TO PROCEED. IF THEY, IF THEY DO THE AUDIT AND MAKE A RECOMMENDATION FOR US TO CONTINUE WITH THE PROJECT AND, AND DEVELOP THE PROJECT. IF WE DECIDE THAT WE'RE NOT GONNA DO IT, WE OWE 'EM 45,000. RIGHT. BUT IF THEY DECIDE THAT THEY CAN'T PERFORM THE AUDIT OR THEY GET STARTED IN THE AUDIT AND DECIDE THAT THEY, THERE'S NO REASON TO CONSI CONTINUE WITH IT, THEY CAN WALK AWAY, BUT WE'RE NOT CHARGED UNLESS THEY PERFORM THE AUDIT WORKS. NOW IT IS KIND OF QUESTIONABLE WHY THEY WOULD PUT THE BREAKAGE FEE RIGHT BELOW THAT CLAUSE. YEAH, IT DOES WELL. OKAY. BUT THE FIRST THREE PAGE OF THE DEAL IS ABOUT BREAKAGE FEES. IT AIN'T ABOUT TWO METERS . SO IT'S JUST SAYING, BUT Y'ALL READING MORE INTO IT THAN WHAT, WHAT? I STILL DON'T READ IT THAT WAY, BUT I'LL ACCEPT THAT YOU'RE, THAT'S THE REASON WE PAY YOU. RIGHT. CJ, IF THEY, IF THEY, IF THEY BACK OUT AT THEIR SOLE DISCRETION WITHOUT COMPLETING THE AUDIT, WE DON'T OWE THEM THE 45,000 BUCKS. SEE, I KNOW IN YOUR MEMO YOU SAID THAT THEY'VE WORKED WITH CITIES IN THE AREA. WHAT, WHAT CITIES DO YOU KNOW THAT HAVE USED THEM? SO, UH, THEY'VE BEEN WORKING, THEY WORKED IN, THEY DID WORK IN . THEY'RE DOING WORK RIGHT NOW. ACTUALLY. THEY WORKED WITH THE CITY OF FREEPORT. I THINK THEY'RE GETTING READY TO DO THE CONTRACT WITH THE CITY AND THEY WORKED IN AS WELL. UM, THEY WORKED WITH BAYTOWN, PORT CONROE, UM, AND I WANT TO SAY, UH, DID I SAY BAYTOWN ALREADY? MM-HMM . OKAY. BUT, AND YOU'VE VETTED THEM TO WITH OTHER CITY MANAGERS? I'VE HAD THEM PERFORM FOR ME AND I'VE HAD THEM, I'VE DISCUSSED WITH THEM AS CITY MANAGERS AND THEY'VE ALWAYS PERFORMED THAT. YEAH, HE WORKED FOR THEM IN . AND IT'S MY UNDERSTANDING THAT THEY'VE ALREADY BEEN VETTED BY THE STATE AS WELL, CORRECT? CORRECT. CORRECT. THEY'RE A PERFORMANCE SERVICE PROVIDER UNDER THIS DAY. UM, THEY USED TO BE KNOWN AS, UH, SIEMENS ENGINEERING. THEY SPUN OFF FROM SIEMENS ABOUT FIVE YEARS AGO. UH, WHEN THEY PERFORMED FOR ME IN . THEY WERE SIEMENS AT THE TIME. AND IN ESSENCE, THEY'RE THE OVERSEER ANYWAY. TECHNICALLY, THEY'RE, THEY'RE THE ONES ON THE HOOK. IF WE DECIDE TO MOVE FORWARD WITH A PROJECT, THEY'RE THE ONES ON THE HOOK. BUT WHAT THEY DO UNDER THE AUDIT IS THEY WILL BASICALLY BRING IN A TEAM OF FOLKS TO PULL METERS, SEND 'EM OFF. THEY'LL COVER THE COST OF LAB TESTING, ANALYZE IT, MAKE SURE THAT THEY'RE EITHER PERFORMING OR NOT PERFORMING, AND THEN DECIDE AND MAKE A RECOMMENDATION TO US ON WHAT WE SHOULD DO NEXT AND WHETHER OR NOT WE CHOOSE TO DO ANYTHING. UM, THAT'S IT. WHICH ORDER WE THE WELL, AND THE, THE PROBLEM WE HAVE WITH OUR METERS NOW IS NOT, I MEAN, THEY MAY BE UNDER REGISTERING. RIGHT. AND, AND THE LAB TEST WILL SHOW THAT, BUT THEN WE'RE OFF. SO HAVING PROBLEMS, THEY NEED TO BE REPLACED FOR OTHER REASONS TOO. WELL, WE'VE GOT, SO THE, THE ANTENNA PROBLEMS AND THE, WE'VE GOT ANTENNA PROBLEMS AND WE'VE GOT BATTERY PROBLEMS. ONE OF THE NICE THINGS ABOUT SOME OF THE MODELS, WHAT ARE THE OTHER, UH, DIRECT PROVIDERS, UH, REPRESENTS ANOTHER PRODUCT, UM, THAT WE MAY ACTUALLY CONSIDER AS PART OF THIS PROCESS. UH, BUT THEY'VE GOTTEN AWAY FROM THE LEAD ISSUE, THE RADIO TRANSMISSION LEAD ISSUE THAT WE'RE FACING NOW BY ACTUALLY JUST ADOPTING A CELLULAR CONNECTION, UH, WHICH FUNCTIONS IN THAT BANDWIDTH THAT I DISCUSSED LAST TIME. YOU KNOW, WE'VE GOT THAT BLEED IN THE EIGHT 50 RANGE, UH, WHICH IS CAUSING US TO LOSE A SIGNIFICANT NUMBER OF LEADS EVERY MONTH. I KNOW LAST TIME WHEN THEY CAME TO DO THE PRESENTATION, I ASKED YEAH. HOW IF THEY WERE THE ONLY COMPANY THAT WE HAD REACHED OUT TO, YOU MENTIONED THAT YOU DID REACH OUT TO OTHERS. WELL, WE, WE'VE HAD, WE'VE HAD OTHER PROVIDERS, UH, APPROACH US ABOUT THIS ISSUE. UM, THEY'RE NOT IN THE SAME PERFORMANCE GUARANTEE FIELD. MM-HMM . UH, THERE ARE OTHER FIRMS THAT DO THIS. UH, SCHNEIDER OBVIOUSLY WHO CONTRACTED WITH IN THE PAST, UH, ACO PERFORMANCE SERVICES. UH, BUT IN TALKING TO OTHER COMMUNITIES, UH, ACO SEEMS TO HAVE THE BEST REPUTATION. AND THIS IS THEIR, THIS IS THEIR ONE. AND THEY DO WATER TYPE OF WORK. THEY DON'T DO ELECTRICAL OR ANYTHING ELSE. , THAT'S ALL FROM ME. OKAY. OKAY. DO I HAVE [00:40:01] A, DO I HAVE A MOTION TO APPROVE RESOLUTION? 40 DASH 2025. SO MOVED. MOVE BY COUNT THE PERSON OF BONDS. SECONDED BY. I'LL SECOND. I COUNCIL PERSON. MADS. FURTHER DISCUSSION. HEARING NONE, I'LL ENTERTAIN A VOTE. ALL IN FAVOR? A. AYE. ANY OPPOSED, UNANIMOUS. THANK YOU. NEXT ITEM IS CONSIDERATION AND POSSIBLE ACTION TO ADOPT RESOLUTION NUMBER 44 DASH 2025 APPOINTING MEMBERS TO THE TRAFFIC COMMISSION. AND IT WOULD BE MR. QUINN CITY OF CL RESOLUTION 44 DASH 2025 APPOINTING MEMBERS TO THE TRAFFIC COMMISSION. WHEREAS SECTION ONE 10 DASH 1 21 OF THE CODE OF ORDINANCES OF THE CITY OF KLUTE, MISSOURI COUNTY, TEXAS PROVIDES THAT FIVE TRAFFIC COMMISSIONERS SHALL BE APPOINTED INITIALLY BY THE CITY COUNCIL. AND WHEREAS SECTION ONE 10 DASH 1 22 OF THE CODE PROVIDES THAT TWO COMMISSIONERS BE APPOINTED IN EACH EVEN NUMBER YEAR AND THREE BE APPOINTED IN EACH ODD NUMBER YEAR. AND WHEREAS THE CITY COUNCIL NOW DESIRE TO APPOINT COMMISSIONERS TO FILL POSITIONS THREE, FOUR, AND FIVE, WHICH EXPIRES SEPTEMBER, 2025. NOW THEREFORE IT BE RESOLVED BY THE CITY COUNCIL OF CITY OF KLU, TEXAS FOR CITY OF KLU, MISSOURI COUNTY, TEXAS. FIRST THAT TRAVIS QUINN IS HEREBY I HAVE REAPPOINTED THE FIELD POSITION THREE, WHICH EXPIRES IN SEPTEMBER OF 2027. SECOND, THAT ARNOLD BOND IS HEREBY REAPPOINTED TO FIELD POSITION FOUR, WHICH EXPIRES IN SEPTEMBER 27TH AND THIRD, THAT OF ALDO OZ DUARTE IS HEREBY APPOINTED TO FIELD POSITION FIVE, WHICH EXPIRES IN SEPTEMBER 20, 27. FOURTH, THIS RESOLUTION AFTER EXECUTION AND THAT TESTATION SHALL BE MAINTAINED IN THE PERMANENT RECORDS OF THE CITY OF CL TEXAS. READ PAST APPROVED THIS 28TH DAY OF AUGUST, 2025 AD SIGNED BY MYSELF AND ATTESTED BY ROSA , CITY CLERK. UH, MR. DUARTE IS WITH US TONIGHT. UH, SO HE'S HERE. SO I PRESUME THAT SHOWS INTEREST. , I SAID HE'S HERE, SO I PRESUME HE IS INTERESTED IN TAKING THE POSITION. MAYOR I MOTION, I'LL SECOND THE MOTION. COUNCILMAN HAVE A MOTION TO APPROVE RESOLUTION NUMBER 44 DASH 2025 BY COUNCILMAN CHRIS, BUT SECONDED BY COUNCILMAN AGUILAR. FURTHER DISCUSSION, SECOND. COUNCIL , WE ALREADY KNOW I PRESUMING SINCE THE OTHER TWO'S NAMES ARE ON HERE, THEY, THEY'VE ALREADY COMMITTED TO . ANY FURTHER DISCUSSION? HEARING NONE, I'LL ENTERTAIN A VOTE. ALL IN FAVOR? AYE. AYE. UNANIMOUS, WELCOME ABOARD. THANK YOU. THANK YOU. NEXT ITEM WOULD BE CONSIDERATION OF POSSIBLE ACTION TO ADOPT RESOLUTION NUMBER 45 DASH 2025 APPOINTING A BOARD A MEMBER TO THE ECONOMIC DEVELOPMENT BOARD. AND IT IS CITY OF CLUE RESOLUTION NUMBER 45 DASH 2025 APPOINTING MEMBERS TO THE ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS. WHEREAS THE CITY COUNCIL SHALL APPOINT MEMBERS TO THE ECONOMIC DEVELOPMENT BOARD OF DIRECTORS. AND WHEREAS EACH DIRECTOR SHALL SERVE FOR A TERM OF TWO YEARS OR UNTIL HIS OR HER SUCCESSOR IS APPOINTED BY THE CITY COUNCIL, UNLESS SUCH DIRECTOR HAS BEEN APPOINTED, FILL IN AN EXPIRED TERM, IN WHICH CASE THE TERM OF THE DIRECTOR SHALL EXPIRE ON THE EXPIRATION DATE OF THE TERM OF THE DIRECTOR WHOSE POSITION HE OR SHE WAS APPOINTED FILL. WHEREAS BOARD SEAT POSITION FIVE IS VACANT AND CITY COUNCIL IS SEEKING THEM TO APPOINT A NEW MEMBER TO FILL SET POSITION NOW THEREFORE, IT BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF FLUTE, BRAZO COUNTY, TEXAS FIRST, THAT OF ALDO DUARTE IS HEREBY APPOINTED TO FIELD POSITION FIVE, WHICH EXPIRES IN OCTOBER 20, 27 AND SECOND THAT THIS RESOLUTION AFTER EXECUTION AT TEST STATION, SHALL BE MAINTAINED IN THE PERMANENT RECORDS OF CITY OF TEXAS. READ PAST APPROVED THIS 28TH DAY OF AUGUST, 2025, AD SIGNED BY MYSELF AND TESTIFIED BY ROSIE POINT, CITY CLERK. DO WE HAVE POSITIONS AVAILABLE ON THE AGENCY? IT WAS LY POSITION. YOU GOT THIS MUCH FREE TIME MOTION? YES, SIR. YOU HAVE THIS MUCH FREE TIME. I DO. BORED. WELL, I WILL TELL YOU THIS MUCH. THEY DON'T MEET ON THE SAME NIGHT AND, AND NEITHER ONE OF 'EM [00:45:01] MEETS REAL OFTEN EITHER, SO YEAH, HE JUST TELLS ME HE'S BUSY ALL THE TIME. THAT'S ALL. GO HAVE A MOTION. IT'S, I'LL MAKE THE MOTION. COUNCILMAN AGUILAR MAKES A MOTION TO APPROVE RESOLUTION 45 DASH 2025. I'LL SECOND. SECONDED BY COUNCIL PERSON. VAUGHN FURTHER DISCUSSION. HEARING NONE, UH, ENTERTAIN A VOTE. ALL IN FAVOR, AYE. AYE. AYE. WELCOME. MY BOARD . I THINK WE HAVE A MEETING COMING UP. I THINK THERE'S A MEETING COMING UP IN ABOUT A WEEK OR SO. YEAH. UH, TWO WEEKS I THINK ON THE 11TH. EARLY SEPTEMBER. I KNOW THAT. YES. YEAH. THURSDAY. I THINK SHE'S GONNA LET THEM MOVE INTO MONDAY EVENINGS. ALRIGHT, NEXT, UH, ITEM WOULD BE CONSIDERATION OF POSSIBLE TO ACTION TO ADOPT RESOLUTION NUMBER 46 DASH 2025 APPOINTED. INCLUDE REPRESENTATIVE TO THE BRAD PORT WATER AUTHORITY BOARD. UH, AND IT WOULD BE CITY CL RESOLUTION NUMBER 46 DASH 2025. A RESOLUTION OF CITY COUNCIL OF CITY CLUTE, TEXAS REAPPOINTING AMY CONDO AS THE CITY'S REPRESENTATIVE TO THE BOARD OF DIRECTORS OF THE BRAD PORT WATER AUTHORITY FOR A TWO YEAR TERM, DESIGNATING DUTIES OF OFFICE AND REQUIRING THE CONSTITUTIONAL OATH OF OFFICE, WHEREAS THE TERM OF AB CONDO, AS THE CITY OF KLU REPRESENTATIVE ON THE BOARD OF DIRECTORS OF THE BRAD PORT WATER AUTHORITY IS EXPIRING AND THE POSITION IS REQUIRED TO BE FILLED BY THE CITY COUNCIL OF CITY OF CLUTE, TEXAS, THE CITY. AND WHEREAS THE CITY COUNCIL DESIRES TO REAPPOINT AMY CONDON, A QUALIFIED PERSON TO SERVE AS THE CITY'S REPRESENTATIVE ON SAID BOARD FOR AN ADDITIONAL TERM AND NOW THEREFORE BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLUTE, TEXAS. BRAZORIA COUNTY, CITY OF CLUTE, BRAZORIA COUNTY, TEXAS. SECTION ONE REAPPOINTMENT. THE CITY COUNCIL OF THE CITY, HEREBY REAPPOINTS AMY CONDON IS THE CITY'S REPRESENTATIVE TO THE BOARD OF DIRECTORS OF THE BRADFORD WATER AUTHORITY FOR A TERM OF TWO YEARS. SECTION TWO DUTIES THE APPOINTEES SHALL PERFORM. ALL DUTIES IMPOSED ON MEMBERS OF THE BOARD OF DIRECTORS OF THE BRASS OF WATER AUTHORITY IS REQUIRED BY LAW. SECTION THREE, OATH OF OFFICE. BEFORE ENGAGING IN THE PERFORMANCE OF THE DUTIES, THE EMPLOYEE SHALL TAKE THE CONSTITUTIONAL OATH. OATH OF OFFICE AS REQUIRED BY LAW. READ PASSED AND APPROVED THIS 28TH DAY OF AUGUST, 2025, SIGNED BY MYSELF AND TO TESTIFY BY ROSIE POINT OF THE CITY CLERK. I'LL MAKE THE MOTION. I COUNCILMAN NLAR MAKE THE MOTION TO APPROVE RESOLUTION 46 DASH 2025. I'LL SECOND, SECOND ABOUT COUNCILPERSON BOND. ANY DISCUSSION? I HAVE NO IDEA HOW YOU HAVE. SO , YOU JUST MUST BE LIKE THE ENERGIZER BUNNY WITH KIDS AND EVERYTHING THAT YOU'RE INVOLVED IN. YOU ARE A ROCKSTAR GIRL. YOU ROCKSTAR AMY. I WAS JUST GONNA SAY, COULD YOU GIVE US LIKE A QUICK, LIKE, UNDER THIS ITEM, IS SHE ABLE TO GIVE US LIKE A QUICK UPDATE OR, UH, PROBABLY NOT. PROBABLY NOT. RIGHT. ? NO, THIS IS REAL. THIS IS APPOINTMENT. IT'S NOT A, YEAH. MAYBE NEXT TIME. . THANK YOU THOUGH. IT JUST SAYS CONSIDERATION AND POSSIBLE ACTION. NO, YOU NOW I JUST NEED TO VOTE. YOU WANNA KNOW THE PRICE OF WATER'S GOING UP, . YEAH. WELL WE THANK YOU FOR YOUR WILLINGNESS TO, TO VOLUNTEER TO DO THAT. YEAH. ANY FURTHER DISCUSSION? HEARING DONE? I'LL ENTERTAIN A VOTE. ALL IN FAVOR? AYE. AYE. CONGRATULATIONS AMY. YOU'RE BACK. . NEXT ITEM WILL BE CONSIDERATION OF POSSIBLE ACTION TO ADOPT RESOLUTION NUMBER 47 DASH 2025 APPROVING INTERLOCAL AGREEMENT WITH THE CITY OF RICHWOOD FOR EMERGENCY MEDICAL SERVICES. RESOLUTION NUMBER 47 DASH 2025. A RESOLUTION OF THE CITY COUNCIL OF CITY OF , TEXAS APPROVING AND NEW INTERLOCAL AGREEMENT WITH THE CITY OF RICHWOOD WITH THE VISION OF EMERGENCY MEDICAL SERVICES AND PROVIDING FOR REVISED BASE FEE. WHEREAS THE CITY COUNCIL CITY INCLUDE PREVIOUSLY APPROVED AN INTERLOCAL AGREEMENT FOR THE PROVISIONS OF EMERGENCY MEDICAL SERVICE. THIS IS EMS TO THE CITY OF RICHWOOD. AND WHEREAS THE CURRENT INTERLOCAL AGREEMENT EXPIRES ON DECEMBER 31ST, 2025, AND WHEREAS THE CITY'S OF PLU AND RICHWOOD DESIRE TO CONTINUE THEIR COOPERATIVE RELATIONSHIP AND HAVE NEGOTIATED A NEW INTERLOCAL AGREEMENT FOR THE PROVISION OF EMS SERVICES. AND WHEREAS A NEW INTERLOCAL AGREEMENT INCLUDES A TWO YEAR TERM COMMENCING ON OCTOBER 1ST, 2025 WITH TWO ONE YEAR RENEWAL OPTIONS [00:50:01] BASED ON AN ANNUAL PAYMENT OF 180 3 425 AND AN ESCALATOR CLAUSE TO ADJUST FEES BASED ON REASONABLE COST INCREASES. WHEREAS THE CITY COUNCIL, THE CITY CLERK, FINDS THAT THE TERMS OF THIS NEW INTERLOCAL AGREEMENT ARE IN THE BEST INTEREST OF THE CITY AND ITS RESIDENTS NOW THEREFORE BE RESOLVED BY THE CITY COUNCIL OF CITY OF CL TEXAS SECTION ONE, THAT THE FINDINGS CONTAINED IN THE PREAMBLE LIST RESOLUTION ARE HEREBY ARE THAT ADOPTED AS PART OF THIS RESOLUTION. SECTION TWO THAT THE CITY COUNCIL CITY INCLUDE HEREBY APPROVES A NEW INTERLOCAL AGREEMENT WITH THE CITY OF RIDGEWOOD FOR THE PROVISION OF EMERGENCY MEDICAL SERVICES SUBSTANTIALLY IN THE FORM ATTACHED HERETO AS EXHIBIT A PASSED AND ADOPTED THIS 28TH DAY OF AUGUST, APPROVED BY MYSELF AND AT TESTIFIED BY ROADY POINT OF IT CITY CLERK. WE'VE SUBMITTED THIS FORM TO, UH, RICHWOOD, THEY'RE AMENABLE. UH, ONE, THE ONLY CHANGE THAT THEY REQUESTED WAS MOVING THE CONTRACT FROM THE CALENDAR YEAR, THE FISCAL YEAR, WHICH MAKES PERFECT SENSE TO US. UH, WE'VE ANALYZED THE COST PER RUN. UH, THEY AVERAGE ABOUT 3 27 RUNS A YEAR. UH, THAT HOW MANY WAS IT? UH, 327 INSIDE THE CITY LIMITS. AND, UH, THE AVERAGE PER PER YEAR, UH, ROLLING AVERAGE, UH, WHEN YOU FACTOR IN THE, THE CPI PLUS THE 5% FEE CAME TO 180 3, UH, 4 25. WELL, I APPRECIATE THE HOMEWORK ON THE MATH OF THE NUMBERS FOR ME. I'LL MAKE A MOTION. WE HAVE A MOTION BY COUNCIL MC CRIST TO ADOPT RESOLUTION NUMBER 47 DASH 2025. AND I'LL SECOND, SECOND IT BY COUNCIL PERSON MADDOX DISCUSSION. GINGER, I'M GUESSING YOU HAD SOME INPUT ON THIS. SHE HELD YES. EVERYTHING LOOKS GOOD TO YOU. YES, SIR. THAT'S WHO I WAS THINKING. I JUST DIDN'T CALL . ANY OTHER QUESTIONS, COMMENTS? HEARING NONE. I'LL ENTERTAIN A VOTE. ALL IN FAVOR? AYE. AYE. IT'S UNANIMOUS. THANK YOU. NEXT ITEM WOULD BE CONSIDERATION AND POSSIBLE ACTION TO APPROVE RESOLUTION NUMBER 48 DASH 2025. A JOINT RESOLUTION OF THE CITY'S OF FLUTE LAKE JACKSON, FREEPORT, REGARDING THE INDUSTRIAL DISTRICT AGREEMENT. AND IT WOULD BE RESOLUTION NUMBER 48 DASH 2025. RESOLUTION OF CITY COUNCIL OF CITY INCLUDE SUPPORTING THE NEGOTIATION AND EXECUTION OF A NEW PORT INDUSTRIAL PARTNERSHIP CONTRACT, WHEREAS THE FIRST RAPORT INDUSTRIAL PARTNERSHIP CONTRACT BETWEEN THE CITIES OF CLU, FREEPORT LAKE JACKSON, AND INDUSTRY MEMBERS, BASF, THE DOW CHEMICAL COMPANY IN THE PROC INTEREST WAS SIGNED IN 1973, WHEREAS SUBSEQUENT AGREEMENTS HAVE BEEN ADOPTED IN 19 80, 19 87, 19 94, 2001 AND 2011. WHEREAS THE PURPOSE OF THE INDUSTRIAL PARTNERSHIP CONTRACT IS ESTABLISHED TO IS TO ESTABLISH PAYMENTS IN LIEU OF TAXES, TAXES FROM INDUSTRY MEMBERS IN EXCHANGE FOR THE CITY'S AGREEMENT NOT TO ANNEX INDUSTRIAL PLANT SITES. WHEREAS UNDER THESE AGREEMENTS, INDUSTRY IS NOT SUBJECT TO FUEL MUNICIPAL TAXATION OR ORDINANCES, AND THE CITIES ARE NOT REQUIRED TO PROVIDE MUNICIPAL SERVICES SUCH AS UTILITIES AND PUBLIC SAFETY SERVICES. WHEREAS THE MUTUAL OBJECTIVE OF THE PARTNERS HAVE BEEN TO FOSTER INDUSTRIAL GROWTH AND COMPETITIVENESS, WHILE ALSO PROVIDE THE CITIES WITH REVENUE TO SUPPORT ESSENTIAL MUNICIPAL SERVICES. WHEREAS THE CURRENT BRADS PORT INDUSTRIAL PARTNERSHIP IS SET TO EXPIRE ON DECEMBER THE FIRST 2026. AND WHEREAS THE CITIES OF INCLUDE FREEPORT LAKE JACKSON WISH TO CONTINUE THIS LONGSTANDING PARTNERSHIP AND SUPPORT, NEGOTIATING A NEW AGREEMENT WITH INDUSTRY MEMBERS WITHIN THE SAME TERMS AND CONDITIONS AS THE EXISTING AGREEMENT FOR THE LONGEST TERM PERMITTED UNDER STATE LAW TO PROMOTE PREDICTABILITY AND LONG TERM DECISION MAKING. NOW THEREFORE BE RESOLVED BY THE CITY COUNCIL OF CITY, INCLUDE THAT CITY COUNCIL HEREBY EXPRESSES ITS SUPPORT FOR NEGOTIATING AND ENTERING INTO A NEW BRAZOSPORT INDUSTRIAL PARTNERSHIP CONTRACT WITH THE CITIES OF FREEPORT AND LAKE JACKSON AND THE PARTICIPATING INDUSTRIAL MEMBER PARTNERS. SECTION TWO, THE CITY COUNCIL AUTHORIZES THE MAYOR, CITY MANAGER AND THEIR DESIGNEES TO BEGIN DISCUSSION WITH INDUSTRIAL PARTNER MEMBERS AND TO PURSUE A NEW AGREEMENT CONSISTENT WITH THE GOALS AND HISTORICAL FRAMEWORK OF PRIOR INDUSTRIAL DISTRICT AGREEMENTS. SECTION THREE, THE CITY COUNCIL SUPPORTS SEEKING THE MAXIMUM TERM ALLOWED UNDER STATE LAW TO ENSURE LONG-TERM STABILITY, STABILITY, ECONOMIC [00:55:01] COMPETITIVENESS, AND MUTUAL BENEFIT FOR BOTH THE MUNICIPALITIES AND INDUSTRY PASSED AND APPROVED THIS DAY OF 2025. SIGNED BY MYSELF, I TESTIFIED BY ROSIE POINT OF IT, CITY CLERK AND APPROVED AS TO FORM BY CHRISTOPHER DUNCAN, CITY ATTORNEY. BEGIN, UH, ENDING, NEGOTIATING THE IDEA A, UH, REFERENCE, UH, THIS THIS PAST YEAR, UH, ACCOUNTING FOR $2.6 MILLION IN REVENUE TO THE CITY. OUR APPORTIONMENT, UH, THIS WOULD CONTINUE THE APPORTIONMENT AS IT STANDS AND JUST EXTEND THE AGREEMENT FOR ANOTHER 15 YEARS, WHICH IS THE MAX ALLOWED BY STATE LAW. UM, WE'VE BEEN IN DISCUSSIONS WITH LAKE JACKSON AND FREEPORT. UH, THIS WAS ACTUALLY A JOINT RESOLUTION DRAFTED BY THE THREE PARTIES. UM, AND THEY, THE OTHER TWO CITIES WILL BE ADOPTING AT THEIR MEETINGS NEXT WEEK. UM, AND SO THIS IS BASICALLY A TOTEM TO SHOW THE INDUSTRY, THE INDUSTRIAL PARTNERS, UH, THAT YOUR DESIROUS OF CONTINUING THE CURRENT ARRANGEMENT, UH, FOR THAT PERIOD OF TIME. YEAH. AND I'M SORRY, YOU SAID, BUT HOW DOES THIS RELATE TO WHAT THEY HAVE BEEN? I'M SORRY. OR WHAT THE, UH, CONTRACT HAS BEEN OR WILL BE? SO THE, THE, SO THE CONTRACT, THIS, WE HAVE A CURRENT CONTRACT RIGHT NOW, BUT WE'RE, WE'RE, WE'RE ASKING, WE'RE IN THE PROCESS OF ASKING FOR THAT CONTRACT TO BE EXTENDED FOR A THE SAME AMOUNT? NO, NO, SAME. IT'S THE SAME. SO IT'S A ROLL. SAME PROPORTION. YEAH. RIGHT. IT'S A ROLLING, UM, HOPEFULLY THERE'S, THERE'S AN INCREASE EVERY YEAR, BUT RIGHT NOW THE CONTRACT HAS A, IN CASE THERE IS A YEAR WHERE THERE'S NOT AN INCREASE, THERE IS A POTENTIAL CPI INCREASE COST OF LIVING INCREASE JUST JUST IN CASE. YES. THE WAY IT'S WRITTEN CURRENTLY, WE GET, UM, THE BASE VALUE OF THE APPRAISAL AND IF IT'S LOWER THAN THE ACTUAL CURRENT CPI IS ADJUSTED ON DECEMBER 31ST OR THE YEAR PRIOR. WE TAKE THE HIGHER OF THOSE TWO NUMBERS. AND THAT'S WHAT, THAT'S WHAT THE, THE, THAT'S HOW THE MONEY GETS COMING. YEAH. SO WE HAVE ABOUT A YEAR BEFORE OUR CURRENT IDA, UH, ENDS AND THE CITY GOT TOGETHER AND AGREED THAT WE'RE ALL GONNA WORK TOGETHER AND, UM, UH, AND, AND, AND PROBABLY DOWN, THEY, THEY'LL WORK TOGETHER WITH US THAT THEY ALWAYS HAVE. BUT THIS IS JUST A SHOW OF A SHOW OF UNITY, UH, AMONG THE THREE CITIES THAT, UH, AND THEN ALSO A, A CLEAR MESSAGE TO INDUSTRY THAT WE'RE READY TO SIT DOWN AT THE TABLE. WE DON'T NECESSARILY WANNA WAIT TILL LAST MINUTE. WE'RE READY TO SIT DOWN AT THE TABLE AND START TALKING. AND, AND THE WAY THAT HAPPENS IS, YOU KNOW, WE HAVE OUR COMPANY WHO COMES IN AND THEY DO THE APPRAISAL AND THEY GIVE US AN IDEA OF WHAT, YOU KNOW, WHAT EVERYTHING'S WORTH. AND, AND THAT'S HOW THE NUMBERS START GOING. SO, AND WE ALSO FEEL LIKE, UH, YOU KNOW, THE THREE CITIES FEEL LIKE IT'S IN BEST INTEREST OF NOT JUST THE CITIES, BUT ALSO THE INDUSTRY TO, UM, YOU KNOW, COME TO AN AGREEMENT TO THE, THE MAXIMUM NUMBER OF YEARS THAT'S ALLOWED BY THE LAW BECAUSE, UM, THAT GIVES CERTAINTY TO BOTH SIDES, RIGHT? IF YOU'RE AN INDUSTRY AND YOU NEED TO MAKE PLANS OF EXPANSION AND YOU'VE GOT DIFFERENT SITES, AND THE DIFFERENT SITES IN DIFFERENT CITIES HAVE DIFFERENT TAXING PLANS, RIGHT? IF WE'RE LOCKED IN FOR 15 YEARS, WE'RE PREDICTABLE. SO THEY KNOW EXACTLY WHAT THEY'RE GONNA GET. WHILE OTHER PLACES AROUND THE COUNTRY, AROUND THE WORLD, IT MAY CHANGE FROM YEAR TO YEAR, EVERY FIVE YEARS CHANGE. AND SO THAT'S ONE THING THAT'S, THAT'S GOOD FOR INDUSTRY IN THIS THAT WE'RE OFFERING, IS THAT IF WE WORK OUT A LONG-TERM AGREEMENT, THEN THAT'S, UH, MORE STABILITY AND EASIER FOR THEM TO MAKE DECISIONS LONG-TERM FOR THE INDUSTRY. SO IT'S A WIN-WIN BOTH SIDES, UH, WHEN WE SIT DOWN AND WE WORK SOMETHING OUT. AND, UH, SO THAT'S, UH, THE CITY'S JUST WANTED TO, UM, PRESENT THIS UNIFIED RESOLUTION AMONG ALL THREE CITIES THAT WE'RE LET INDUSTRY KNOW WE VALUE OUR RELATIONSHIP AND WE'RE READY TO SIT DOWN AND START TALKING ABOUT THE NEXT ONE. AND IF, IF WE, IF, IF WE DON'T PRESENT A UNIFIED FRONT AND WE GO AND WE GO FIGHTING AMONGST EACH OTHER, THEN, THEN THEY WITHDRAW THE CONTRACT AND IT HURTS EVERYBODY. YEAH. BAD. UH, AND THE REALITY IS WITH THE LEGISLATURE, UH, BEING THE WAY THEY'RE, YOU KNOW, THE LIMITED OUR ABILITY UNILATERALLY EDS, THIS IS THE LAST BASTION THAT CITIES HAVE THE ABILITY TO DO SO IS UNDER AN IDA, OUR CONCERN IS, IS THAT WE DON'T KNOW WHAT'S GONNA HAPPEN IN THE NEXT SESSION. AND SO, UH, WE, IN THE 2023 CYCLE OF 2021, I CAN'T REMEMBER WHICH ONE IT WAS, UH, WE HAD TO DO SOME LAST DITCH MANEUVERING [01:00:01] WITH SPEAKER BON TO MAKE SURE THAT THIS CARVE OUT WAS INCLUDED. SO, UH, WE THINK IT BEHOOVES US TO EXTEND IT LONG AS WE CAN. MAYOR, I, I AGREE WITH THE UNIFIED FRONT. THE ONLY, THE ONLY QUESTION THAT I WOULD HAVE FOR YOU, I MEAN, 'CAUSE YOU'VE, YOU KNOW, OBVIOUSLY BEEN THROUGH THIS BEFORE, IS THE SECTION WHERE IT SAYS, YOU KNOW, A NEW AGREEMENT WITH INDUSTRY MEMBERS UNDER THE SAME TERMS AND CONDITIONS, I MEAN, ARE THOSE, 'CAUSE YOU KNOW, WE'VE HAD CONVERSATIONS BEFORE. ARE THOSE TERMS AND CONDITIONS AT THE BENEFIT AT THE SAME BENEFIT THAT WE SHOULD BE AT? YES. YEAH. IN YOUR OPINION? YEAH. YEAH. WHEN YOU YEAH. OUR OUR, OUR PERCENTAGE DOESN'T CHANGE. YEAH. AND THE TERMS OF THE CONDITIONS ARE NOT THE SAME VALUES OR, OR MONETARY NUMBERS, RIGHT? SO THE SAME TERMS AND CONDITIONS THAT, UH, ARE, UH, YOU KNOW, HOW IT'S APP PORTIONED BETWEEN THE PARTIES, HOW THEY DO THE PAYOUT, UH, THE FACT THAT THE, THE MULTIPLIERS ARE BASED ON CPI, UH, COST OF LIVING INCREASES. UH, AND THERE COULD BE OTHER WAYS TO DO IT, BUT WE FEEL LIKE THAT'S THE, THE BEST PLAN FOR US FOR THE CITIES. AND SO, BUT DON'T BE CONFUSED. THAT DOESN'T MEAN IT'S THE SAME DOLLAR AMOUNTS. DOLLAR AMOUNTS ARE GONNA BE DIFFERENT BASED ON THE NEW APPRAISED VALUES. RIGHT. BUT THE PERCENTAGES ARE, BUT, AND THAT'S WHAT I WAS ASKING. THE CONTRACT PERCENTAGES REMAIN THE SAME, THE TERMS OF THE AGREEMENT REMAIN THE SAME. MM-HMM . THE ONLY THING THAT'S CHANGING IS THE DATES. CORRECT. HOPEFULLY, I, I THINK COUNCIL MEMBER, TO ANSWER YOUR QUESTION, THE STRATEGIC REALITY IS THAT THERE'S MORE RISK INVOLVED. IF WE WERE TO MODIFY THE, THE, THE ALLOCATION, UM, AND THAT MIGHT UPSET THE WHOLE APPLE CARD AND NEED TO, UH, TO PRESENT THAT UNIFIED FRONT, WE HAVEN'T PRESENT YET. WE WANNA MAKE SURE WE'RE PRESENTING UNIFIED FRONT. IT'S BETTER TO GO WITH THE EGG THAT YOU HAVE IN YOUR HEAD OR THE BURN THE HEAD VERSUS THE TWO BUSH. OKAY, NO WORRIES. I MEAN, IT WOULD BE THE, IT'S GONNA BE THE SAME MONETARY VALUE TO US, BASICALLY. HOLD ON. NO WORRIES. I JUST WANTED TO MAKE SURE TO ASK THAT QUESTION. YEAH, I UNDERSTAND. AT THIS POINT IN TIME, IT'S, YEAH. NOW THE NEGOTIATIONS HAVEN'T REALLY STARTED, BUT IF AND WHEN THEY DO, THEN THAT'S WHEN THAT'S WHEN THINGS COULD GET UGLY. BUT UNTIL THEN IT'S, IT'S AMICABLE AT THIS POINT. YEAH. , WELL, I, I'LL MAKE THE MOTION TO APPROVE THE RESOLUTION. HAVE A MOTION BY COUNCILMAN AGUILAR THAT WE APPROVE RESOLUTION 48 25 JOINT RESOLUTION. I'LL SECOND SECOND IT BY COUNCILMAN LOPEZ. DISCUSSION. HEARING NONE, I'LL HERE STATE THE VOTE ALL IF FAVOR. AYE. AYE. IT'S UNANIMOUS. THANK YOU. NEXT ITEM WOULD BE CONSIDERATION OF POSSIBLE ACTION ON THE RE RECOMMENDATION BY THE TRAFFIC COMMISSION TO ADOPT ORDINANCE NUMBER 25 DASH OH 16. CHANGING THE SPEED LIMIT FROM 50 MILES PER HOUR TO 55 MILES PER HOUR ALONG SOUTH HIGHWAY 2 88 SLASH HIGHWAY 3 32 IN THE SOUTH CITY LIMITS OF THE CITY INCLUDE A DISTANCE OF APPROXIMATELY 0.155 MILES, BASICALLY FROM THE OVERPASS TO THE OVERPASS. ROUGHLY? YES. , I, WE, THERE'S NO GOOD WAY TO EXPLAIN IT BECAUSE THE WAY THEY REFER TO THE HIGHWAY, BUT BASICALLY IF YOU THINK ABOUT THE ROAD COMING TO AND GOING FROM FREEPORT, UH, FROM, UH, COMING TO GOING TO, UH, SURF SITE OFF OF 3 32. GO FROM THE CITY LIMITS ON THE, AT THE CLOVER LEAVE TO THE, TO THE ON ROUTE AT YES. THIS FREEWAY. YEAH, IT'S JUST A AT MAIN STREET? NO, NO, NOT THAT FAR. IT'S LITERALLY JUST, I MEAN, WE'RE TALKING YARDS. IT'S 0.5. OH, IT'S NOT GONNA, OH, IT'S A VERY SMALL AREA. WHAT'S RIGHT THERE WHERE ROSIE IS POINTING. IT'S JUST A TINY LITTLE GAP. SO, AND WE'RE NOT SURE HOW IT DIDN'T GET INCLUDED IN THE UNIFORM CHANGES THAT WERE MADE WHEN THE HIGHWAY WAS PUT IN. YEAH, I MEAN 'CAUSE IT GOES FROM 50 THEN 55 AND THEN IT GOES BACK UP. I MEAN, YEAH, IT'S LIKE A SPEED TRAP. THAT LITTLE SECTION RIGHT THERE. I THOUGHT IT WAS 50 FROM THE CITY LIMITS. IT'S FROM THE CITY LIMITS, BUT IT'S JUST A SMALL LITTLE SECTION. WELL, WHEN YOU CROSS OVER PAST IT'S 52 BEFORE YOU GET TO MAIN STREET. WELL, YEAH. SO OVER MODIFY THE YEAH, IT'S GONNA BE THREE DIFFERENT LIMITS, RIGHT? WELL WHEN YOU, WHEN YOU COME, WHEN YOU COME FROM FREEPORT [01:05:01] DOWN 3 32, WELL, RIGHT NOW I THINKS 55 UNTIL YOU GET TO THE RAILROAD TRACK CROSSING ROUGHLY. SO WE'RE JUST CHANGING FROM THERE TO, FROM THERE TO THE INTER BASICALLY. WELL, WHEN YOU CROSS THAT OVERPASS AT THE CLOVER LEAF, THE FIRST SIGN SAYS 50 MILES AN HOUR THINKING THIS ONE COMING, ONE THAT YOU EXIT TO COME IN THE CLUE. NOW YOU'VE GOT ME CONFUSED. THE FIRST 1, 24. CHECK IT OUT TOMORROW. YEAH. WHEN YOU CROSS THE, WHEN YOU CROSS MAIN STREET, IT GOES TO 60 MILES AN HOUR MOLECULARLY THE STATE'S PUTTING UP THE SIREN. OH, WELL JUST, I GUESS JUST 'CAUSE I'M PAYING IT THROUGH HERE. THIS IS THEIR SECOND REQUEST. WELL, THEY MAY WANT MISSED THE FIRST ONE. ASK FOR CLARIFICATION BECAUSE THEY KEPT INSISTING ON CALLING IT 2 88 AND WE WERE TRYING TO DETERMINE WHETHER IT WAS 2 88 B OR 3 32 BECAUSE THE INITIAL GRAPHIC DIDN'T REALLY, AND THIS REALLY DOESN'T LAY IT OUT VERY CLEARLY. IT'S NOT, NOT THE BEST, MOST DEFINED. THE FIRST DRAWING WAS ACTUALLY WORSE THAN THIS ONE. RIGHT. , WHEN THEY DID THE, WHEN THEY DID THE HIGHWAY CONSTRUCTION PROJECT, THEY BASICALLY STARTED AT RIGHT PAST MAIN STREET, RIGHT? YEAH. SO MOVE SECOND MOTION, I GOTTA READ IT FIRST. ORDINANCE NUMBER 25 DASH OH 16. AN ORDINANCE AMENDING SECTION ONE 10 DASH 79 OF THE CITY OF PLU. CODE OF ORDINANCES ALTERING THE PRIMA FACES SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PER PROVISIONS OF 5 4 5 0.356. TEXAS TRANSPORTATION CODE UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION UPON CERTAIN STREETS AND HIGHWAYS AND PARTS THEREOF WITHIN THE CORPORATE LIMITS OF THE CITY OF CL AS SET OUT IN THIS ORDINANCE AND PROVIDED THAT THIS ORDINANCE SHALL TAKE EFFECT AND BE ENFORCED FROM AND AFTER ITS DESCRIPTIVE. CAPTION HAS BEEN PUBLISHED TWICE IN THE BRADFORD FACTS. SO DON'T GO 55 UNTIL YOU TWICE IN THE NEWSPAPER. . IS THERE A SECOND? I'M SORRY. IS THERE WHAT? IS THERE A SECOND? NOT YET. OH, DO I HAVE, I HAVE A MOTION BY COUNCIL RIST TO APPROVE IT. DO I HAVE A SECOND? SO MOVED. MOVE BY COUNCIL. VIRTUAL BOND DISCUSSION. HEARING NONE. I'LL ENTERTAIN A VOTE. ALL IN FAVOR? AYE. AYE. UNANIMOUS. NOW WE HAVE NOTICE AND ANNOUNCEMENTS OF UPCOMING EVENTS AND MEETINGS. MONDAY, SEPTEMBER, THE FIRST CITY [V. NOTICE/ANNOUNCEMENT OF UPCOMING EVENTS AND MEETINGS] OFFICES WILL BE CLOSED FOR LABOR DAY WEDNESDAY, SEPTEMBER THE 10TH AT 1130. WE WILL HAVE EMPLOYEE APPRECIATION AT INCLUDE EVENT CENTER, SEPTEMBER THE 11TH, 2025 AT 7:00 PM WE WILL HAVE A REGULAR COUNCIL MEETING, SEPTEMBER THE 25TH, 2025. WE WILL HAVE A PUBLIC HEARING ON BUDGET AT THE TAX RATE ROLL, ROLL CALL, VOTES TO ADOPT, BUDGET, ORDINANCE, AND THEN TAX RATE. AND THEN AFTER THAT WE WILL HAVE A REGULAR COUNCIL MEETING ON THAT'S AT SIX 30 AT SEVEN. WE WILL HAVE A REGULAR COUNCIL MEETING ON SEPTEMBER THE 25TH. IT IS IMPERATIVE THAT THERE BE A QUORUM AT ADAM D . HEARSAY, THE 25TH. NEXT ITEM WILL BE ADUR. SO MOVED. MOVED BY COUNCILMAN AGUILAR. SECONDED ABOUT, I'LL SECOND COUNCILMAN LOPEZ. ANY DISCUSSIONS? HEARING NONE, I HEAR ANY BOW. ALL IN FAVOR A AYE UNANIMOUS MEETING, THIS ADJOURN. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.