ALICE CITY COUNCIL SPECIAL MEETING AGENDA

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1 ALICE CITY COUNCIL SPECIAL MEETING AGENDA CITY HALL THURSDAY SECOND FLOOR 06:30P.M. CITY COUNCIL CHAMBERS NOVEMBER 20, Open Meeting, Invocation and Pledge of Allegiance. 2. Introduction of new employees, hearing of visitors and public announcements. PUBLIC HEARINGS 3. Conduct a public hearing, as required by state law, to discuss designating an area known as the City of Alice Development Project as a Tax Increment 4. Conduct a public hearing, as required by state law, to discuss designating an area known as the San Diego Creek Estates Development Project as a Tax Increment 5. Conduct a public hearing, as required by state law, to discuss designating an area known as the City of Alice Main Street Development Project as a Tax Increment CONSULTING AGREEMENT 6. Consider and act upon a Consulting Agreement between the City of Alice, Texas and TIF Services of South Texas, as is related to the three Tax Increment Reinvestment Zone properties referenced in Agenda Items 3, 4, and 5 hereinabove. PETITION 7. Consider and act upon a Petition for the Designation of San Diego Creek Estates Development as a Tax Increment Reinvestment Zone under Chapter 311 of the Tax Code, State oftexas. Page I of 5

2 ORDINANCES 8. Consider and act upon an Ordinance designating an area known as the City of Alice Development Project as a Tax Increment Reinvestment Zone; describing the boundaries of the zone; creating a board of directors for the zone; providing for an effective date and termination date for the zone; naming the zone "Reinvestment Zone Number One City of Alice; and establishing a Tax Increment Fund. 9. Consider and act upon an ordinance designating an area known as the San Diego Creek Estates Development Project (the "Project") as a Tax Increment Reinvestment Zone; describing the boundaries of the zone; creating a board of directors for the zone; providing for an effective date and termination date for the zone; naming the zone "Reinvestment Zone Number Two San Diego Creek Estates; and establishing a Tax Increment Fund. ADMINISTRATIVE 10. Consider and act upon authorizing the City Manager to approve and accept the Offsite Utility Extensions to the Multi-Use Complex: 1) Change Order No. 1 in the deduction amount of $85,301.00; 2) approval of final payment in the amount of $15,506.95; and 3) acceptance of the project with a date of substantial completion on August 18, 2014, with a one (1) year warranty. RESOLUTIONS 11. Consider and act upon Resolutions Authorizing Tax Resale of Properties described as: a. Acct. No fka , Lots Numbered Two (2) and thirty-one (31), in Blanco Addition to the City of Alice, Texas, as shown by map or plat of said Addition of Record in the Map Records of the Office of the County Clerk of Jim Wells County, Texas; b. Acct. No , Lot Nine (9), Block three (3), North Hill Top Addition #2, City of Alice, Jim Wells County, Texas; c. Acct. No ; Lot 9, Block 118-B, farm Block Subdivision, an addition to the City of Alice, Jim Wells County, Texas, as described in Volume 810, Page 175, Official Public records of Jim Wells County, Texas; d. Acct. No , Lot No. thirteen (13), in Block No. Five (5), in the North Hilltop Addition to the City of Alice, Jim Wells Page 2 of5

3 County, Texas, according to a map or plat of said addition on file in the Office of the County Clerk of Jim Wells County, Texas; e. Acct. No , Lot 5, Block 132-F of Farm Block Subdivision, of Alice, Jim Wells County, Texas, according to map or plat thereof of record in the office of the County Clerk of Jim Wells County, Texas, reference to which is here made for all purposes; f. Acct. No , Lot No. Three (3) in Block No. Four (4) of the Seiler Addition to the City of Alice, Jim Wells County, Texas, according to a map or plat of Record in the Office of the County clerk of Jim Wells County, Texas; g. Acct. No , Lot Eight (8), Block Two (2) of the F.B. Palacios Addition out of the Northwest portion of Farm Block 142, Alice, Jim Wells County, Texas; and h. Tract 1: Acct. No , Lot Number Seven (7) in Block Number Five (5) Craig Park Addition to the City of Alice, Jim Wells County, Texas; 12. Consider and act upon adoption of a Resolution setting forth 2015 Legislative Priorities in the interest of the City of Alice and government relations and legislative consulting services. CLOSED/EXECUTIVE SESSION 13. The City Council may enter into Closed/Executive Session to discuss the following pursuant to: 1) attorney consultation pursuant to Chapter , Government Code, to address administrative litigation related to a contract grievance and possible arbitration related to application of the seniority pay provisions of the current Labor Agreement between the City and the APOA; 2) (Consultation with Attorney) Randy Allen Weems vs. City of Alice, Texas and Hector M. Hinojosa; Civil Action No. 2: 14-CV -180; In the United States District Court, Southern District of Texas, Corpus Christi Division; 3) Application for Amendment to the City's Water Right to allow the City to use the bed and banks of San Fernando Creek to convey treated effluent to a diversion point on Travis H. Burris property, where it will be used for irrigation in accordance with an Irrigation Water Supply Agreement effective October 24, 2012 and Easement, Edith L. word as Grantor and the City of Alice as Grantee, signed and dated November 26, 1969; and 4) (Consultation with Attorney) revisions/negotiations related to the Development Agreement made and entered into on the 8th day of January, 2013, by and between the City of Alice, a Page 3 of 5 November 20, 2014

4 Texas Home Rule City, and the CHW-Lattas Creek, L.P., Developer; to include, but not be limited to clarifying public benefit, public purpose, public park attributes, reconveyance, and default provisions. RETURN TO OPEN SESSION 14. Return to Open Session and take any action necessary as a result of discussions held in preceding Agenda Item No. 13, 1) consideration and action, if any, to approve a revised Pay Table and other amendments to resolve contract grievance and possible arbitration related to application of the seniority pay provisions of the current Labor Agreement between the City and the APOA; 2) (Consultation with Attorney) Randy Allen Weems vs. City of Alice, Texas and Hector M. Hinojosa; Civil Action No. 2:14-CV-180; In the United States District Court, Southern District of Texas, Corpus Christi Division; 3) Application for Amendment to the City's Water Right to allow the City to use the bed and banks of San Fernando Creek to convey treated effluent to a diversion point on Travis H. Burris property, where it will be used for irrigation in accordance with an Irrigation Water Supply Agreement effective October 24, 2012 and Easement, Edith L. word as Grantor and the City of Alice as Grantee, signed and dated November 26, 1969; and 4) (Consultation with Attorney) revisions/negotiations related to the Development Agreement made and entered into on the gth day of January, 2013, by and between the City of Alice, a Texas Home Rule City, and the CHW-Lattas Creek, L.P., Developer; to include, but not be limited to clarifying public benefit, public purpose, public park attributes, reconveyance, and default provisions. BOARDS, COMMISSIONS & COMMITTEES 15. Consider and act upon 1) establishment, dissolution, division and/or reorganization of Alice Boards, Commissions & Committees; and 2) appointments, reappointments, removal and/or term clarifications of appointments and membership of the City of Alice Boards, Commissions & Committees. 16. Consider and act upon adjournment. Page 4 ofs

5 :.t ' ~~1. 44r."~~: ' ;~ Agenda Items: All items on the agenda are for possible discussion and action. Council may vote and/or act upon each of the items listed on this Agenda. One agenda item will be discussed at a time, in the order determined by the Mayor, unless logic and practical considerations allow similar topics to be considered together for purposes of convenience and efficiency. Consent items are considered to be non-controversial and will be voted on in one motion unless a council member asks for separate discussion. Executive Sessions: The City Council for the City of Alice, Texas, reserves the right to adjourn into Executive Session at any time during the course of this meeting to discuss any of the matters listed above as authorized by Government Code Sections (Consultation with Attorney), pending or contemplated litigation; a settlement offer; or on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this Chapter (Deliberations about Real Property) , A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person (Deliberations Regarding Prospective Gift)- A governmental body may conduct a closed meeting to deliberate a negotiated contract for a prospective gift or donation to the state or the governmental body if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person (Personnel Matters), This chapter does not require a governmental body to conduct an open meeting to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; or to hear a complaint or charge against an officer or employee. The first section does not apply if the officer or employee who is the subject of the deliberation or hearing requests a public hearing (Deliberations about Security Devices) (Economic Development) This chapter does not require a governmental body to conduct an open meeting: (I) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). Accommodations: The City of Alice encourages compliance with the Americans with Disability Act (ADA) in the conduct of all public meetings. Persons with disabilities who plan to attend this meeting and who need additional accommodations are requested to contact the City Clerk at , or cityclerk@cityofalice.org, two working days prior to the meeting so that appropriate arrangements can be made. Braille is not available. Certification: I, the undersigned authority, do hereby certify that the Agenda/Notice of Meeting was posted on the bulletin board of the City Hall of the City of Alice, Tt;xas, said Agenda/Notice was posted on Monday, November 17, 2014 at S8tl p.m., and remained so posted continuously for at least venty-two (72) hours preceding the scheduled time of said meeting. b:is t' - 16"" Q~S\\\ ~t\-d~~ Rene Marshall, City Crerk Page 5 of5 November 20, 2014