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REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ARANSAS PASS
600 W. CLEVELAND, ARANSAS PASS, TEXAS
MAY 6, 2019  -  6:00 PM



1.

CALL TO ORDER.

2.

INVOCATION AND PLEDGE OF ALLEGIANCE.

3.

PRESENTATIONS AND PROCLAMATIONS.

3.I.

Proclamation designating the month of May 2019, as "Motorcycle Traffic Safety Awareness Month".

4.

BOARD AND COMMISSION APPOINTMENTS.

5.

CONSENT AGENDA.

All of the following items on the Consent Agenda are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of these items unless a Council member so requests. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately.
5.I.

Approval of Minutes of Regular Meeting of March 30, 2019 and Special Meeting of April 1, 2019.

6.

PUBLIC HEARINGS.

7.

CITY MANAGER.

7.I.

Consider and Act on accepting funds in the amount of $519,200 from Rebuild Texas Fund for an Emergency Operations Center (EOC).

7.II.

Consider and Act on request from Michael Shultz to waive lien for property located at 1052 S. Rife Street, Lots 9-11, Block 439, Original Townsite.

7.III.

Consider and Act on Resolution No. 2019-890 authorizing Tax Resale Property, Suit No. S-07-1049-TX, Account No. 36143, Lots 9, 10 and 11, Block 439, City of Aransas Pass, San Patricio County, Texas, located at 1052 S. Rife.

7.IV.

Consider and Act on Resolution No. 2019-891 suspending the June 5, 2019 effective date of AEP Texas Inc.'s requested rate change to permit the city time to study the request and to establish reasonable rates; approving cooperation with the cities served by AEP Texas Inc.'s requested rate change proceedings before the commission; hiring Lloyd Gosselink Attorneys and Consulting services to negotiate with the company and direct any necessary litigation and appeals; requiring reimbursement of cities' rate case expenses; finding that the meeting at which this resolution is passed is open to the public as required by law; requiring notice of this resolution to the company and legal counsel.

7.V.

Consider and Act on request from the Hibiscus Club of Aransas Pass for the installation and maintenance of a Blue Star Military Memorial at Harbor Point Park.

8.

COMMUNITY ENRICHMENT.

Community Enrichment includes the following: Civic Center, Aquatic Facility, Library, and Senior Center.
8.I.

Consider and Act on awarding Request for Proposals for Fireworks Contractor for City of Aransas Pass Annual Independence Celebration.

9.

DEVELOPMENT SERVICES.

Development Services includes the following: Building Services, Parks, Planning, Public Works, and Maintenance.
10.

FINANCE.

Finance includes the following: Utility Billing, Finance, Human Resources, and Meter Reading.
11.

INFORMATION TECHNOLOGY.

12.

PUBLIC SAFETY.

Public Safety inlcudes the following: Police, Fire, EMS, Harbor, and Emergency Management
12.I.

Consider and Act on accepting the Rebuild Texas Fund Grant in the amount of $52,500 to the Police Department and approving the ensuing purchase of the new generator from McWhorter Electric for said amount.

12.II.

Consider and Act on approving the Mayor and Chief of Police to renew the agreement with the Defense Logistics Agency Disposition Services allowing the Police Department participation in the excess Department of Defense (DOD) property transfer program (formerly known as the 1033 program).

12.III.

Consider and Act to terminate the Memorandum of Understanding (MOU) between the Aransas Pass Police Department and Eddie Garza Security and enter into a new Memorandum of Understanding with United States Fugitive Apprehension and Transport Company (USFAT).

12.IV.

Consider and Act on accepting the Rebuild Texas Fund grant in the amount of $39,671 for the Fire Department and approving purchase of multi band radios from Dailey-Wells Communications.

13.

CITY COUNCIL OR STAFF ANNOUNCEMENT.

  • Post Update - City Wide Clean-up
14.

CITIZEN COMMENTS.

Citizen comments are intended for matters that are not scheduled on the agenda.  Please limit your comments to three minutes and state your name and address for the record.  Be advised that the Texas Open Meetings Act prohibits the City Council from responding and discussing your comments.  The law authorizes the following:
  • Make a statement of factual information,
  • Recite existing policy,
  • Advise that this subject may be placed on the agenda for a subsequent meeting.
15.

EXECUTIVE SESSION.

15.I.

Section 551.071 of the Texas Open Meetings Act to meet with its attorney to seek legal advice on a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act relating to:

  1. Annexation Proceedings
  2. Industrial Districts
  3. City of Aransas Pass v. Utility Service Co., Inc., Civil Action No. 2:19-cv-0124 in the U.S. Southern District of Texas, Corpus Christi Division
  4. Conditional Use Permit - Kevin & Samantha Simon (Dueling Pistols)
15.II.

Section 551.087 Deliberations regarding Economic Development Negotiations concerning Potential Apartment Complex.


15.III.

Section 551.071 of the Texas Open Meetings Act to meet with its attorney to seek legal advice on a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act, Section 551.072 for deliberation of purchase, exchange, lease of value or real property, if the deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third person, and Section 551.087 for deliberations regarding economic development negotiations related to:

  1. Industrial District Agreement as requested by Rockport Terminals
15.IV.

Reconvene in Open Session to Consider and Take Action, if any, on any item discussed in Executive Session.

16.

PUBLIC NOTICE is hereby given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the following provisions of the Open Meetings Act, Chapter 551 of the Texas Government Code:

  1. Section 551.071, Contemplated or pending litigation or matters where legal advice is requested of the City Attorney.
  2. Section 551.072, The purchase, exchange, lease or value or real property, if the deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third person.
  3. Section 551.073, A contract for a prospective gift or donation to the city, if the deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third person.
  4. Section 551.074, Personnel matters involving the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee or to hear a complaint against an officer or employee.
  5. Section 551.076, The deployment or specific occasion for the implementation of security personnel or devices.
  6. Section 551.087, Deliberations regarding economic development negotiations.
17.

ADJOURNMENT.

18.

POSTING STATEMENT.

I certify that the above notice of meeting was posted at the Aransas Pass City Hall located at 600 W. Cleveland, Aransas Pass, Texas on _______________________, 2019 at ______ am/pm.

                                                                        Mary Juarez
                                                                        City Secretary