Feb 17, 2026 City Council

IT'S OPERATING. FEBRUARY 17TH, 2026 NACOGDOCHES CITY COUNCIL MEETING.

[1. CALL TO ORDER. ]

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HEAVENLY FATHER, WE COME TO YOU THIS DAY, GRATEFUL LORD, FOR ALL THE MANY BLESSINGS YOU BESTOW UPON US EACH DAY.

LORD, I THANK YOU FOR THIS CITY, FOR ALL OF ITS RESIDENTS, OUR OUR COUNCIL LORD, I THANK YOU FOR OUR CITY STAFF.

I ASK THAT YOU BE IN OUR MIDST TONIGHT AS WE MAKE DECISIONS THAT WOULD BE HONORING AND GLORIFYING TO YOU. IN CHRIST'S NAME WE PRAY.

AMEN. AMEN. WE'LL STAND FOR THE PLEDGE.

I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

HONOR THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO THEE.

TEXAS. ONE STATE, UNDER GOD, ONE AND INDIVISIBLE.

YOU DON'T HAVE ANYTHING IN. THE NEXT ITEM IS OPEN FORM.

WE HAVE NONE TONIGHT. ITEMS TO BE REMOVED FROM THE CONSENT AGENDA, IF ANY. I MAKE A MOTION.

WE APPROVE THE CONSENT AGENDA.

[5. CONSENT AGENDA]

AND SECOND. ALL IN FAVOR.

AYE. MOTION CARRIES UNANIMOUSLY.

[6.A. Consider the following appointments for the City Boards and Commission: Airport Advisory Board, Building Standards Commission, Industrial Development Authority, Nacogdoches Cemetery Board, and Main Street Advisory Board. (Mayor)]

ITEM SIX A. CONSIDER THE FOLLOWING APPOINTMENTS FOR THE CITY BOARDS AND COMMISSION. AIRPORT ADVISORY BOARD, BUILDING STANDARDS COMMISSION, INDUSTRIAL DEVELOPMENT AUTHORITY, NACOGDOCHES CEMETERY BOARD AND MAIN STREET ADVISORY BOARD. LET'S SEE, I WAS UNABLE TO BE AT THE INTERVIEWS, BUT WE HAD FOR MORE THAN CAPABLE COUNCIL MEMBERS THERE.

AND I TOTALLY AGREE WITH EVERYTHING THAT THEY PICKED.

SO THE AIRPORT ADVISORY BOARD REAPPOINTED WAS RICKY JONES.

TAYLOR JONES, WILL ALDERS AND KATHY GAYNOR.

BUILDING STANDARDS COMMISSION NEW MEMBERS.

BRANDON RAO REAPPOINTED.

MICHAEL PAYNE AND JOHN MOSLEY JR.

INDUSTRIAL DEVELOPMENT AUTHORITY REAPPOINTED RICHARD HUMPHRIES.

NACOGDOCHES CEMETERY BOARD NEW MEMBER.

MELANIE THOMPSON AND REAPPOINTED BURGHARDT PATTON.

LASHONDA. HOLCOMB. MAXEY, BETTY JACOBS AND WYATT ORDWAY, MAIN STREET ADVISORY BOARD.

NEW MEMBERS. TIMOTHY MOZINGO.

HANNAH. WILLIS AND HENRY.

HOW'D YOU SAY? DICKOYA.

DICKOYA. FOR THE VACANCY.

SO. WE NEED A MOTION FOR THAT.

MOTION TO APPROVE THIS.

I MAKE THE MOTION THAT WE APPROVE THESE APPOINTMENTS.

SECOND, I HAVE A MOTION.

AND SECOND. ALL IN FAVOR.

AYE. MOTION CARRIES UNANIMOUSLY.

FOR THE FOLLOWING ITEMS MARKED AS SIX, B, C, D AND E ON TONIGHT'S MEETING AGENDA.

I'D LIKE TO HAVE COUNCIL MOVE TO TABLE THEM UNTIL OUR REGULARLY SCHEDULED MEETING ON MARCH THE 17TH, DUE TO A LACK OF QUORUM ON FEBRUARY THE 9TH.

THE REQUIRED FIRST PUBLIC HEARING OF THESE ITEMS WERE NOT CONDUCTED BY THE PLANNING AND ZONING COMMISSION PRIOR TO CITY COUNCIL CONSIDERATION AS REQUIRED BY CITY ORDINANCE.

BY TABLING THESE ITEMS UNTIL MARCH THE 17TH, 2026, CITY STAFF. CITY STAFF WILL HAVE TIME TO RE NOTIFY ADJACENT PROPERTY OWNERS AND THE PUBLIC REGARDING THE RESCHEDULED PUBLIC HEARINGS, AS WELL AS SCHEDULE AND NOTIFY WITH REGARD TO THESE ITEMS FOR THE NEXT PLANNING AND ZONING COMMISSION MEETING TO BE HELD ON OR ABOUT MARCH THE 9TH, 2026. COUNCIL DO I HAVE A MOTION? I'LL MAKE A MOTION THAT WE TABLE THIS THESE ITEMS TILL MARCH 17TH.

ITEMS B, C, D AND E SECOND.

MOTION AND SECOND. ALL IN FAVOR? AYE. MOTION CARRIES UNANIMOUSLY.

NEXT ITEM SIX F. CONSIDER AND AUTHORIZE THE PURCHASE OF A SPARTAN S-1 80 TYPE ONE FIRE

[6.F. Consider and authorize the purchase of a Spartan S-180 Type-1 fire engine from Metro Fire Apparatus Specialists in the amount of $950,000. (Fire Chief)]

CHIEF BROWN. GOOD EVENING, MAYOR AND COUNCIL, MIKE BROWN, YOUR FIRE CHIEF.

TONIGHT IS A SIMPLE REQUEST.

TO AUTHORIZE THE PURCHASE OF ONE TYPE ONE FIRE APPARATUS.

IT'S TO REPLACE AN AGING 1997 MODEL THAT'S BEEN IN RESERVE FOR A NUMBER OF YEARS.

THIS APPARATUS WAS INCLUDED IN THE 2526 ADOPTED BUDGET.

SO WHAT IS A TYPE ONE APPARATUS.

THAT'S YOUR CLASSIC FIRE TRUCK. THAT'S YOUR BIG PUMPER THAT YOU SEE ROLLING DOWN THE

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HIGH CAPACITY FIRE PUMP, LARGE TANK OF WATER HOSES, LADDERS, ETC.. IT'S OUR PRIMARY RESPONSE VEHICLE FOR STRUCTURE FIRES, VEHICLE FIRES, RESCUE AND OTHER ALL HAZARDS INCIDENTS.

WHY REPLACEMENT IS NECESSARY. AGAIN, THIS IS A 1997 MODEL.

THE NATIONAL FIRE PROTECTION ASSOCIATION RECOMMENDS REPLACEMENT AT 25 YEARS.

FOR ANY APPARATUS, WE'VE GOTTEN MORE THAN A LIFETIME OF SERVICE OUT OF THIS.

WE ARE EXPERIENCING TREMENDOUS PROBLEMS WITH PARTS AVAILABILITY.

ALMOST 30 YEARS DOWN THE ROAD.

THIS AFFECTS OUR RESPONSE CAPABILITY BECAUSE THAT TRUCK'S GOING TO BE DOWN AND DOWN AND DOWN. SO WE'RE ASKING TO REPLACE THIS.

IN TERMS OF EVALUATION RECOMMENDATION.

SO WHAT WE DID WAS WE HAD A COMPREHENSIVE COMMITTEE LED REVIEW.

THAT COMMITTEE CONSISTED OF BOTH COMMAND STAFF, LINE PERSONNEL, OUR FLEET MAINTENANCE TECHNICIAN, EXPERIENCED PEOPLE OF ALL RANKS FROM FIREFIGHTER TO BATTALION CHIEF.

I HAVE A REPRESENTATIVE FROM THAT COMMITTEE HERE TONIGHT, CAPTAIN DUSTY ARAGON. IF WE NEED TO ASK HIM ANY QUESTIONS LATER, I'LL BE HAPPY TO HELP US OUT THERE. THEY DID A HANDS ON EVALUATION OF MULTIPLE APPARATUSES.

WE HAVE HISTORICALLY BOUGHT PRIMARILY A SINGLE BRAND, HAD GOOD SERVICE OUT OF THAT. BUT WE WANTED TO LOOK AT THIS FROM AN OPEN MIND. SO THEY TESTED HANDS ON, DROVE, VISITED WITH NUMEROUS FIRE DEPARTMENTS THAT ARE OPERATING VARIOUS VARIOUS APPARATUS TO MAKE THEIR DECISIONS.

THEY LOOKED AT SAFETY, PERFORMANCE, ERGONOMICS.

HOW EASY TO USE IS THIS APPARATUS? LIFE CYCLE, LIFE CYCLE COSTS.

AND THEY LANDED ON A SPARTAN APPARATUS BECAUSE IT MET ALL THEIR NEEDS.

THE COST WAS REALLY ALMOST A PUSH DEPENDING UPON THE BRANDS INVOLVED.

BUT WHAT WE REALLY LIKED FROM, FROM A COST PERSPECTIVE IS THAT THERE'S NOT A PROPRIETARY PART ON THAT APPARATUS, MEANING IT BREAKS.

WE CAN GO TO KELLY KELLY'S TRUCK PARTS TO O'REILLY AUTO PARTS.

THAT'S FASTER AND THAT'S CHEAPER TO GET THAT THING REPAIRED. WE'RE HOPING THAT IN TIME THAT REALLY PAYS US SOME DIVIDENDS.

LET'S SEE. SO THE RECOMMENDED SOLUTION IS I KIND OF ALREADY TALKED ABOUT THAT.

SO PROCUREMENT AND IMPACT UTILIZING THIS WOULD BE PURCHASED UTILIZING A COOPERATIVE PURCHASING AGREEMENT BY BOARD TYPE PURCHASE THROUGH CONVERSATIONS WITH FINANCE AND THE CITY MANAGER, THIS WILL BE A LEASE TO PURCHASE USING THAT BY BOARD PRICING ENSURES THAT OUR PRICING IS COMPETITIVE.

IT ALSO KIND OF SMOOTHS THE PROCESS THERE, MAKING SURE THAT WE MEET ALL OF OUR STATE PURCHASING LAWS. A VERY TIMELY, NO PUN INTENDED FEATURE OF THIS ENGINE IS THROUGH SOME SHEER DUMB LUCK AND SOME.

PERSUASIVE ACTIONS ON THE PART OF OUR COMMITTEE.

WE WERE ABLE TO SHOEHORN OURSELVES INTO AN APPARATUS COMING DOWN THE PRODUCTION LINE.

AND SO THE TWO, THREE, FOUR YEAR TIMELINES FOR NEW APPARATUS.

WE CAN GET THIS THING IN SIX WEEKS.

THAT'S INCREDIBLE. AND A LOT OF IT WAS DUMB LUCK.

GOOD TIMING. AND REALLY THROUGH BEATING THE HELL OUT OF, EXCUSE ME BEATING THE HECK OUT OF THE THE SALESMAN.

SO KUDOS TO THE COMMITTEE FOR, FOR THEIR EFFORTS THERE.

MIKE DID Y'ALL, DID Y'ALL ALSO HAVE, DID SOMEBODY PURCHASE TOO MANY AND PUT OR BACK OUT OF AN ORDER? SOMEBODY BACKED OUT.

OKAY. BECAUSE I'VE BEEN THERE, DONE THAT ON LONG LEAD TIME VEHICLES, BIG ONES BEFORE. SO IF YOU CAN GET LUCKY, THAT'S WHAT I WAS GOING TO SAY.

IF YOU EITHER GET LUCKY OR YOU GET BACK IN LINE.

AND THAT'S THE NICEST THING I CAN SAY ABOUT IT. HAD THIS NOT THIS UNIT NOT BECOME AVAILABLE, WE WOULD BE LOOKING AT A MINIMUM OF 12 MONTHS, PROBABLY CLOSER TO TWO YEARS BEFORE WE WERE ABLE TO ACTUALLY OBTAIN THE APPARATUS. SO LET'S SEE. THAT'S ACTUALLY A PICTURE OF IT. SO THAT'S THE ACTUAL ENGINE THAT WE ARE PROPOSING FOR PURCHASE.

OBVIOUSLY WE WOULD HAVE THE THE LIVERY DONE IN NACOGDOCHES COLORS.

SO IT MATCHES OUR, OUR FLEET.

WE'RE SLIGHTLY TRANSITIONING OUR FLEET TO A SLIGHTLY DIFFERENT COLOR SCHEME.

SOME OF THAT COST SAVINGS, WE'VE ALWAYS RUN A TWO TONE PAINT JOB.

YOU MAY NOTICE MOST OF OUR CABS ARE WHITE.

THAT ACTUALLY COSTS A LITTLE BIT OF MONEY. SO WE'RE MOVING TO A RED SOLID RED PAINT JOB.

SO YOU'LL SEE APPARATUS HOPEFULLY IN THE COMING YEARS, THEY'RE SLIGHTLY CHANGING, BUT WE'RE GOING TO STICK TO THAT TRADITIONAL RED. THAT SUMS UP MY PRESENTATION.

HAPPY TO ANSWER ANY QUESTIONS OR IF YOU HAVE ANY QUESTIONS FOR CAPTAIN ARAGON. 011 QUICK QUESTION ON THE FUNDING.

DID YOU WANT TO RUN THROUGH THAT? AND WE TALKED ABOUT IT, BUT.

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AGAIN, INCLUDING 2526 BUDGET.

I HAVE TO PUT IN A PLUG FOR US IN THE FIRE DEPARTMENT.

SOME OF THESE FUNDS, NOT ALL OF THEM, BUT SOME OF THESE FUNDS DO COME FROM THE REIMBURSEMENTS THAT WE RECEIVE FOR OUR DEPLOYMENTS.

IF YOU ALL MAY REMEMBER, SEVERAL YEARS AGO NOW, A COUPLE OF YEARS AGO, WE BOUGHT A WILDLAND APPARATUS ALMOST ENTIRELY WITH THOSE FUNDS.

A CHUNK OF THIS IS GOING TO BE OFFSET, SO TO SPEAK, FROM THOSE FUNDS, NOT UNFORTUNATELY, NOT THE ENTIRETY OF IT, BUT SOME OF THE MONEY THAT GOES INTO THAT CAPITAL REPLACEMENT.

YEAH. SO, SO FOR EVERYBODY AT HOME OR ANYBODY HAS QUESTIONS WHEN WHEN THE TEAMS DEPLOY TO ASSIST ON WILD WILDFIRE FIGHTING OTHER PARTS OF THE STATE OR PARTS OF THE COUNTRY, THOSE FUNDS COME BACK THROUGH.

SO THOSE ARE COVERED WITH.

THEN SOME WITH ALSO OBVIOUSLY THE CAPABILITY TO ALSO ASSIST WITH OTHERS OVER TIME.

SO AND THEN MIKE HAS A LEADING ROLE WITH THAT ENTITY STATEWIDE THAT YOU WANT TO JUST TOUCH ON THAT KIND OF FROM THE LEADERSHIP PERSPECTIVE THAT YOUR, OUR CREWS ARE CRITICAL REALLY FOR THE, THE STATE WIDE RESPONSE AS WELL, JUST BECAUSE OF THEIR CAPABILITIES, KIND OF LIKE WE ARE OBVIOUSLY ON PD SIDE BECAUSE OF OUR LOCATION, THEY HAVE TO TRAIN AND TRAIN UP AND TRAIN WELL FOR THE TYPE OF EVENTS THAT THEY RESPOND TO, INCLUDING HELPING OTHERS OUTSIDE OUR FOOTPRINT.

ABSOLUTELY. THAT PROGRAM, THE PROGRAM IS AN INVALUABLE PROGRAM AS A STATE RESOURCE, IT'S INVALUABLE AS A LOCAL RESOURCE.

THE, THE TRAINING AND KNOWLEDGE THROUGH ACTUAL EVENTS THAT OUR GUYS RECEIVE WHEN THEY DEPLOY, YOU CAN'T BUY IT, YOU CAN'T REPLACE IT COMPLETELY.

FUNDED BY STATE DOLLARS DOESN'T COST THE CITY OF NACOGDOCHES A DIME.

TREMENDOUS IMPACT LOCALLY.

DURING WINTER STORM URI, WHEN WE HAD SO MANY ISSUES, WE WERE ACTUALLY RECIPIENT OF RESOURCES FREQUENTLY.

YOU HAVE THE IDEA THAT WE'RE GOING TO PARTICIPATE IN THIS PROGRAM. WE'RE NEVER NEEDED. WE NEVER NEED IT.

WE NEEDED IT. BOOM. WITHIN HOURS, WE HAD APPARATUS HERE TO HELP AUGMENT OUR FIRE RESPONSE. SO IT'S A INTEGRAL PART OF OUR OUR DEPARTMENT.

WHAT HAPPENS TO THE TRUCK? THAT'S. IS IT BEING TRADED IN THE 97 THAT WILL BE SOLD AT AUCTION, I BELIEVE? YES, SIR. IT COULD ALWAYS END UP WITH A VOLUNTEER DEPARTMENT COMING IN THE CHRISTMAS PARADE DOWN THE ROAD, I'M SURE.

HOW MUCH ARE YOU FINANCING, MIKE? THIS IS A HARD QUESTION.

IT DOESN'T MATTER. I DON'T KNOW. I DON'T KNOW EXACTLY HOW IT'S SET UP. WE KNOW WE'RE FINANCING IT AND IT'S IN THE BUDGET. SO YEAH, THAT'S GOOD ENOUGH. AND WHAT MODEL IS THIS? THIS IS A 2026 SPARTAN S 180.

YES, SIR. ANY OTHER QUESTIONS OR DISCUSSION? NOT I'LL ENTERTAIN A MOTION.

I'LL MAKE A MOTION THAT WE AGREE TO PURCHASE THIS FIRE TRUCK.

SECOND. MOTION TO SECOND.

ALL IN FAVOR? MOTION CARRIES UNANIMOUSLY.

THANK YOU. MIKE. THANK YOU VERY MUCH. OKAY.

[6.G. Discuss and consider authorizing the City Manager to negotiate an agreement with H2O Partners Inc. to provide professional services as described in the solicitation RFP 2026-10-110 for the development of a hazard mitigation plan. (Assistant Fire Chief/ EMC)]

RFP 2026 DASH TEN 110 FOR THE DEVELOPMENT OF A HAZARD MITIGATION PLAN.

LAN MR. SELF. MAYOR JOHNSON.

MEMBERS OF COUNCIL. MY NAME IS MICHAEL SELF.

I SERVED AS THE ASSISTANT FIRE CHIEF IN THE EMERGENCY MANAGEMENT COORDINATOR FOR THE CITY OF NACOGDOCHES. WE ARE NEEDING TO UPDATE OUR HAZARD MITIGATION PLAN THROUGH TDM AND ALSO THROUGH FEMA AND THE SUMMER OF 2025.

I APPLIED FOR A GRANT THROUGH THE TEXAS GENERAL LAND OFFICE AND RECEIVED A GRANT FOR $100,000 TO PRODUCE A PLAN FOR THE CITY.

WE PAY FOR THE SERVICES AND THEN THEY REIMBURSE US AS THOSE THINGS ARE DONE.

WHAT WE ARE DOING, THIS IS A PLAN THAT WILL BE A PARTNERSHIP WITH NACOGDOCHES COUNTY.

NACOGDOCHES COUNTY IS ALSO NEEDING A PLAN TO BE PRODUCED.

AND THE NATURAL HAZARDS THAT AFFECT NACOGDOCHES COUNTY AFFECT OUR CITY JUST THE SAME. AND SO THEY DID A LOT OF WORK BRINGING THE RADIO SYSTEM UP TO DATE FOR THE ENTIRE COUNTY. AND SO WE TOOK THE LEAD ROLE IN GETTING THIS GRANT AND OVERSEEING THIS FOR THE COUNTY AND CITY. IT WILL ALSO INCLUDE THE FOUR OTHER MUNICIPALITIES OTHER CITIES IN NACOGDOCHES COUNTY. THIS WILL BE PRODUCED, IT IS REQUIRED BY FEMA THAT IT WILL HAVE

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THERE WILL BE A STEERING COMMITTEE THAT WILL ACTUALLY GUIDE AND WORK WITH THIS COMPANY TO SAY THESE ARE THE MAIN HAZARDS THAT THEY WANT TO SEE LOOKED AT.

AND THEN THERE WILL BE PUBLIC HEARINGS THROUGHOUT THE COUNTY FOR FOLKS AND INSIDE THE CITY FOR FOLKS TO GIVE THEIR INPUT AND SUCH INTO THIS PLAN.

IN DECEMBER, WE WENT OUT FOR PROPOSALS.

WE HAD THREE PROPOSALS THAT WERE RECEIVED.

WE EVALUATED THESE BASED UPON THE QUALIFICATIONS AND EXPERIENCE OF THE FIRMS THEMSELVES. THE, THE EXPERIENCE OF THE PROJECT TEAMS THAT WOULD BE WORKING WITH US, THE COST VALUE THAT WE WOULD RECEIVE AND ALSO THE REFERENCES FROM OTHER CITIES.

OUT OF THOSE, WE HAD FOUR CITY DIVISIONS THAT SCORED AND THE, THE SAME COMPANY CAME UP NUMBER ONE ON EVERYBODY'S SCORING.

WE ALSO CONSULTED WITH TARA TRIANA, THE COUNTY'S EMERGENCY MANAGEMENT COORDINATOR, AND SHE SCORED INDEPENDENTLY AND SCORED JUST THE SAME.

H2O PARTNERS OUT OF AUSTIN IS WHO WE CHOSE.

WE ACTUALLY, AFTER WE DID OUR SCORING TALK TO THE LOCAL TDM OFFICIALS WITH MITIGATION.

AND THIS IS THE COMPANY THAT ACTUALLY PRODUCED THE STATE OF TEXAS'S HAZARD MITIGATION PLAN FOR FEMA.

THEY ARE VERY EXPERIENCED DO A GREAT JOB.

THEY ALSO A HUB VENDOR AND ALSO THEY WERE THE LOWEST COST IN THE THREE BIDS THAT WE GOT.

WE DIDN'T CHOOSE THEM BECAUSE OF THAT, THEIR EXPERIENCE AND JUST THEIR ENTIRE PLAN AND SUCH OF WHAT THEY HAD THEY STOOD ABOVE EVERYONE ELSE BASICALLY HOW THIS WOULD HAPPEN IS ONCE THE PLAN IS PUT TOGETHER AND COUNCIL SAYS, HEY, WE LIKE THIS PLAN, IT WILL THEN BE SUBMITTED TO TDM.

THE TEXAS DIVISION OF EMERGENCY MANAGEMENT WILL THEN LOOK OVER THE PLAN, MAKE SURE ALL THE I'S ARE DOTTED, THE T'S ARE CROSSED.

ONCE THEY APPROVE IT, IT IS THEN SENT TO FEMA.

FEMA HAS TO APPROVE THE PLAN OR ELSE IT IS NO GOOD.

AND THEN ONCE FEMA HAS APPROVED THAT PLAN, IT THEN COMES BACK AND COUNCIL ADOPTS THAT PLAN. PART OF THAT PLAN IS THEY LOOK AT MITIGATION EFFORTS AND GIVE MULTIPLE OPTIONS OF IF YOU DO ABSOLUTELY NOTHING AND OTHER THINGS.

AND, AND IN NO WAY IN ADOPTING THIS PLAN IN THE FUTURE, WHICH IT SHOULD TAKE ROUGHLY A YEAR TO 18 MONTHS FOR THE ENTIRE PLAN TO BE APPROVED BY FEMA. FEMA IS KIND OF THE HOLD UP IN THE ENTIRE PROCESS, THE BOTTLENECK. BUT THERE IS NOTHING THAT WOULD DICTATE THAT COUNCIL HAS TO DO WHAT THE PLAN SAYS. IT IS MORE OF A A PLAN.

THAT IS A SUGGESTION WITH MITIGATION EFFORTS THAT CAN BE ADOPTED.

IF COUNCIL WAS TO CHOOSE TO DO THOSE THINGS AFTER THE PLAN IS IN PLACE.

I'LL BE HAPPY TO ANSWER ANY QUESTIONS.

I JUST HAVE ONE. IS HOW OLD? HOW OLD IS THE OLD PLAN? THE LAST TIME WE DID A PLAN WAS LIKE TEN OR SOMETHING.

THE LAST PLAN WE HAD EXPIRED IN 2018.

OH, OKAY. YES. 2018. AND THE REASON I WAS ASKING IS I WENT TO THE TRAINING AND IT SEEMED LIKE THERE WAS SOMETHING THAT WE, WE COULDN'T GET WITHOUT HAVING A NEW PLAN.

YES. HELP ME OUT HERE.

FOR EXPLANATIONS SAKE, WHEN WE START TALKING ABOUT PLANS, THERE'S THE BASIC EMERGENCY OPERATION PLAN THAT'S UPDATED EVERY FIVE YEARS THAT WE ARE REQUIRED BY LAW AS A MUNICIPALITY TO HAVE.

THE MAYOR SIGNS THAT AND ALL OF THE 20 ANNEXES WITH THAT AND OUR PLAN WAS UPDATED AND IS GOOD WITH THE STATE.

THE LAST UPDATE WAS BACK IN OCTOBER.

THIS PLAN IS NOT REQUIRED BY LAW.

HOWEVER, THE THE PART OF THIS IS WHEN THERE IS MITIGATION GRANTS THAT ARE AVAILABLE FOR CITIES. WE'RE NOT ELIGIBLE CURRENTLY FOR SOME OF THOSE GRANTS BECAUSE WE DO NOT HAVE AN UP TO DATE PLAN AND HOW SOME OF THOSE GRANTS WORK.

IF A HURRICANE STRIKES FAR SOUTH TEXAS AND FEMA COMES IN AND SAYS WE ARE GOING TO APPROVE MITIGATION GRANTS FOR THE STATE OF TEXAS, EVEN THOUGH WE DIDN'T GET A DROP OF RAIN FROM THE HURRICANE THAT AFFECTED SOUTH TEXAS, BECAUSE TEXAS IS ELIGIBLE FOR THOSE GRANTS.

IF WE HAVE THIS PLAN IN PLACE, WE ARE THEN ELIGIBLE FOR SOME OF THOSE MITIGATION FUNDINGS AND THAT STORMWATER DRAINAGE THINGS, BUYING NEW GENERATORS FOR THINGS LIKE THAT ARE SOME OF THE SIMPLE THINGS THAT KIND OF COME WITH THOSE MITIGATION GRANTS.

AND ONCE WE HAVE THIS IN PLACE, WE WILL BE AVAILABLE OR BE ELIGIBLE FOR THOSE GRANTS. WELL, I JUST WE ALL APPRECIATE SO MUCH GETTING THINGS UP TO DATE SO THAT WE

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AND IF WE HAD SOMETHING THAT WAS TEN YEARS OLD, THAT WAS STILL PROBABLY OUR NEWEST PLAN.

YEAH. I MEAN, WE'RE TRYING TO CATCH UP ON, ON EVERY FRONT, RIGHT? AND I WOULD I WILL SAY THIS, HE'S NOT GOING TO BE HAPPY ABOUT IT, BUT I, I KNOW CHIEF BROWN WILL AGREE.

BUT CHIEF SELF, HE'S AS GOOD AS A PERSON BUT AS GOOD AS A EMERGENCY MANAGER I'VE EVER WORKED WITH ANYWHERE. AND THAT INCLUDES, YOU KNOW, ALL THOSE HURRICANES DOWN SOUTH AND THE CRAZINESS AND THE TO THE WEST OF US.

SO AS YOU PROBABLY HAVE SEEN HOW SEAMLESS EVERYTHING SEEMS TO GO WHEN WE HAVE EVENTS.

AND A LOT OF THAT IS HIS DEDICATION AND ORGANIZATION.

SO THANK YOU TO, I THINK FROM EVERYBODY THAT YOU MAKE IT EASY AND EASY TO TAKE FOR GRANTED FOR THE COMMUNITY. BUT THANK YOU, THANK YOU.

I, I CAN'T STAND HERE AND TAKE ALL THE CREDIT.

WE HAVE A GREAT TEAM FROM EVERY DIVISION WITHIN THE CITY COMMUNITY SERVICES, PUBLIC WORKS AND ENGINEERING, POLICE, FIRE.

THE TEAM THAT WE HAVE IS A GREAT TEAM.

THEY MAKE ME AND CHIEF BROWN LOOK REALLY GOOD, BUT THERE'S A LOT OF GREAT TEAM MEMBERS IN EMERGENCY MANAGEMENT WITHIN OUR CITY.

SO THE HAZARDS WE FACE.

DOES THIS INCLUDE ALL THESE NEW ENERGY STORAGE SYSTEMS AND THAT KIND OF IS THAT A HAZARD? NO SIR. THE THE EXPLANATION THAT I GOT FROM TDM, THIS IS MAINLY NATURAL HAZARDS.

OKAY. AND THE FUNDING FOR GRANTS THAT COME ABOUT ARE ONLY FOR NATURAL HAZARDS.

WE WOULD HAVE THE OPPORTUNITY TO PUT IN MAN MADE HAZARDS IF WE SO CHOSE, BUT THERE'S NEVER ANY FUNDING FOR THAT.

SO TDM REALLY WANTS US TO STEER TOWARDS WHAT ARE THE NATURAL HAZARDS THAT WE FACE HERE IN THIS COMMUNITY. OKAY. THANK YOU.

SO, BRAD, SOME OF THE, LET'S JUST SAY, EMERGING TECHNOLOGIES THAT COULD ALSO BE DUAL THREATS.

WE CAN TALK ABOUT THAT PROBABLY IN A DIFFERENT CONTEXT.

MANY OF THESE THINGS ARE EVOLVING SO FAST THAT THE STATE IS JUST NOW STARTING TO LOOK AT THEM. I WOULD EVEN SAY THEY'RE BEHIND THE EIGHT BALL, OBVIOUSLY ON THE DATA CENTERS, BATTERY PLANTS, SOLAR. THEY'RE JUST NOW GETTING TO THE ISSUE OF TRANSFERRING BETWEEN WATERSHEDS.

AND THEN MOREOVER, REALLY WHAT THE WATER IMPACTS OR THE ELECTRIC GRID IMPACTS MAY BE FROM SOME OF THESE DIFFERENT TYPE OF FACILITIES, BECAUSE IT KIND OF DEPENDS ON WHICH ONE YOU GET AND WHICH ORDER.

BUT IS IT DO THEY AFFECT NOT ONLY OUR ACCESS TO THE GRID? ULTIMATELY, EVEN THOUGH THEY SAY WE'RE SUPPLEMENTING, YOU KNOW, BECAUSE THE SECOND YOU GET A BATTERY PLANT OR A SOLAR FACILITY, NEXT THING YOU KNOW, YOU'RE GETTING THE DATA CENTER, WHICH IS WHY THEY'RE GOING WHERE THEY'RE GOING NEAR THE SUBSTATIONS.

AND SO I THINK THE FEDERAL LEVEL AND STATE LEVEL, THAT IS SOMETHING THAT WE NEED TO KEEP ON THE FOREFRONT THAT THESE WE NEED TO HAVE THE LOCAL TOOLS TO REVIEW.

EVEN WITH OUR PARTNERS, THOSE CAPACITY IMPACTS AND WHAT, HOW THEY COULD AFFECT US, BECAUSE IT'S ALSO ONE OF THE REASONS YOU'RE SEEING THE ENERGY PRICES GOING UP AND THAT THAT'S ANOTHER PIECE THAT EVERYONE'S MISSING.

YOU KNOW, THAT ONE TO THE SOUTH THAT YOU'RE GOING TO SEE, THAT'S AGAIN I DON'T THINK THE USAGE AND WHAT IT'S THE HIT ON THE GRID IS OFFSET BY THE BATTERY PLANTS AND THE SOLAR.

AND THUS THE CUSTOMERS ARE, ARE TAKING IT AT THE.

AND OBVIOUSLY WE DON'T HAVE AN ELECTRIC UTILITY FOR THAT CLARIFICATION FOR FOLKS AT HOME. SHOULD WE START LEANING IN TOWARD THIS TO KIND OF FORCE THE STATE IF WE CAN? WELL, JUST SOME OF THE THINGS I'M WORKING ON AND SOME OF MY OTHER STUFF AND OTHER TRAINING. THESE DISCUSSIONS ARE GOING TO BE PROBABLY ONGOING AT MULTIPLE LEVELS, INCLUDING THE NEXT LEGISLATIVE SESSION.

AND I DO THINK IT, OUR DELEGATION NEEDS TO DRIVE IT HOME AND THERE DOES NEED TO BE ALIGNMENT ON FEDERAL POLICY AND KIND OF NATIONAL INTERESTS AND ALSO FOREIGN INTERESTS ALSO TRYING TO COME IN AND THEN BEING COMPETITIVE YET NOT VULNERABLE BECAUSE SOME OF THESE, YOU KNOW, IT'S IT'S CHICKEN AND EGG.

DO YOU COMPETE IN THESE AREAS LIKE AI? ARE SOME OF THOSE AI ITEMS AND THE DATA CENTERS THAT COME WITH THEM ACTUALLY GOING TO CREATE LARGER LOSSES OF JOBS FASTER? THOSE ARE OTHER QUESTIONS THAT PEOPLE AREN'T. AND HOWEVER,

[00:25:04]

AND AGAIN, JUST LOOK AT WATER AND HOW LONG IT'S TAKEN THE STATE TO START LOOKING AT THOSE IMPACTS. THIS IS MOVING MUCH FASTER.

IT'S MOVING FASTER THAN, LET'S SAY, THE IPHONE APPS AND THAT TECHNOLOGY AND HOW MUCH THAT CHANGED LIFE AS WE KNOW IT.

I DO BELIEVE IF WE DON'T GET AHEAD OF THESE THINGS.

I DON'T THINK WE NECESSARILY EMBRACE THEM UNTIL WE KNOW WHAT THEY ARE. AND IF WE DON'T KNOW WHAT THEY ARE, WE DON'T EMBRACE THEM. AND WE'VE JUST HAD SEVERAL PEOPLE MAKE A RUN, OBVIOUSLY, AT RECENT MEETINGS.

I THANK YOU ALL. I THINK YOU ALL WILL THANK YOURSELVES FOR PASSING WHAT YOU'VE PASSED TO DATE. AND I THINK WE'RE GOING TO HAVE TO LOOK AT MORE. BUT AGAIN, I DON'T THINK UNTIL YOU KNOW WHAT IT IS, IF YOU CAN'T BE ASSURED IT'S NOT A TROJAN HORSE, YOU TREAT IT AS A TROJAN HORSE UNTIL PROVEN OTHERWISE.

IF WE GET GRANTS AND WE'RE LIKE YOU SAID, WE'RE NOT AFFECTED BY IT.

THE RAIN CAME SOMEPLACE ELSE, BUT IT AFFECTED TEXAS.

AND WE GET THAT GRANT.

WHAT DO WE DO WITH IT? THE MAJORITY OF THESE GRANTS ARE ARE FOR SPECIFIC THINGS.

I MEAN, THEY ARE VERY MUCH FOR IF I CAN FIND THE RIGHT WORDS, IT MAY BE FOR STORMWATER RETENTION, IT MAY BE FOR GENERATORS.

THOSE ARE THE TWO SIMPLE ONES THAT HAPPEN QUITE A BIT.

THEY ARE VERY SPECIFIC.

WHEN FEMA SAYS WE'RE RELEASING MONEY TO TEXAS FOR THIS TO BE USED FOR THIS PURPOSE.

AND THEN, I MEAN, WE WOULD BE APPLYING AGAINST THE THE SAN ANTONIO'S THE HOUSTON'S EVERYONE ELSE AND SHOWING WE WOULD SHOW THE NEED THAT WE HAVE HERE, ALONG WITH HOW WE WOULD USE THAT MONEY, HOW WE CAN USE THAT MONEY.

AND SO WE WOULD NOT HAVE FREE REIN TO DO WHATEVER WE WANTED TO IT TO WITH IT.

IT WOULD BE VERY SPECIFIC PURPOSES FOR WHICH WE WOULD GO AFTER.

I WANTED TO ADD, I THINK I DON'T KNOW IF IT WAS HARVEY OR IT WAS ONE OF OUR LAST OR IT MAY HAVE BEEN THE SNOWPOCALYPSE OR WHATEVER.

AND THERE WAS ONE TARGETING RURAL ISSUES AND I WAS HOPING WE COULD APPLY AND WE DID NOT HAVE THIS IN EFFECT. SO THERE WAS SOMETHING VERY, VERY SPECIFIC AND I WAS VERY DISCOURAGED.

WE COULDN'T APPLY. IT WAS BEFORE.

BEFORE YOU GOT HERE. MR..

SO, YOU KNOW, I GOT HERE AS FAST AS I COULD IN MY OLD AGE.

OKAY. THANKS ANYWAY. THERE ARE SPECIFIC TARGETED GRANTS, AND THEN SOME OF THEM MIGHT BE RURAL NATURE WHEN WE REALLY ARE VERY WELL POISED TO GET THOSE DOLLARS. I MEAN, I'VE SEEN GRANTS THROUGH TDM THAT IT'S KIND OF A LITTLE DIFFERENT SECTION, BUT SAY RADIOS THAT THEY SAY WE WANT TO HELP BOLSTER OUR RADIO SYSTEM IN RURAL TEXAS, BUT IT IS ONLY FOR HANDHELD RADIOS.

SO THEREFORE, YOU KNOW, GOING IN THIS I MEAN, THEY TELL YOU THIS IS WHAT YOU HAVE TO BUY WITH IT.

AND, WELL, THANKS. I APPRECIATE THE QUESTIONS.

OUR DISCUSSION. DO YOU WANT A MOTION? YES, PLEASE. OKAY. I'M MAKING THE MOTION THAT WE AUTHORIZE THE CITY MANAGER TO NEGOTIATE THE AGREEMENT WITH. IS THAT WHERE WE ARE? YES. OKAY. THANK YOU. WITH H2RO PARTNERS AS OUTLINED IN ITEM SIX G SECOND.

MOTION SECOND. ALL IN FAVOR? AYE. MOTION CARRIES UNANIMOUSLY.

OKAY. ITEM SIX H DISCUSSES.

[6.H. Discuss and consider approving signatories for grant #22-130-096-F495 from the Texas General Land Office. (Assistant Fire Chief/EMC)]

MAYOR JOHNSON, THIS TIES RIGHT IN WITH WHAT WE JUST TALKED ABOUT.

Y'ALL APPROVING US TO MOVE FORWARD WITH H2O TO BE OUR RIDER OF OUR GRANT.

THIS ACTUALLY APPLIES TO THE CONTRACT THAT WE HAVE WITH THE TEXAS G L O.

ONE OF THE THINGS THAT I HAD TO SUBMIT TO THEM WAS A LISTING OF FOLKS WHO CAN SIGN ALL THE OFFICIAL PAPERWORK.

AND ALSO WHEN WE BEGIN REIMBURSING WHEN WE PAY H2O AND WHEN WE REQUEST REIMBURSEMENT FROM THE G L, O FOR WHAT WE PAID OUT AND WHAT I DID IN LISTING, THAT WAS THE MAYOR, THE CITY MANAGER, THE FINANCE DIRECTOR, AND THE ASSISTANT DIRECTOR OF FINANCE.

AND BEFORE YOU HAVE THE RESOLUTION THAT JUST SAYS THAT THOSE FOUR INDIVIDUALS HAVE FULL AUTHORITY TO SIGN ON BEHALF OF OUR CITY WITH THE G L O FOR THIS GRANT.

[00:30:05]

HE DOES A GREAT JOB IN IN TETUM.

I MEAN, HE BRINGS STUFF OVER TO ME AND HE HELPS ME WITH MY COMPUTER.

WE GET IT ALL SIGNED. ALRIGHT.

THANK YOU. MIKE. THANK YOU. THANK YOU.

OKAY, WE NEED A YOU NEED A MOTION.

YES, PLEASE. I MOVE THAT WE APPROVE THE SIGNATORIES AS OUTLINED IN ITEM SIX H.

SECOND. MOTION SECOND.

ALL IN FAVOR? AYE. MOTION CARRIES UNANIMOUSLY.

OKAY. LAST ITEM. ITEM SIX.

[6.I. Consider approval of an Ordinance of the City of Nacogdoches, Texas, Amending Chapter 74—"Parks and Recreation", Article IV—"Special Events" by Adding Division 2—"Sound Equipment Permit", of the Code of Ordinances of the City of Nacogdoches, Texas; providing a severability clause; providing a continuation clause; providing a repeal clause; and providing an effective date. (City Attorney)]

PROVIDING A CONTINUATION CLAUSE, PROVIDING A REPEAL CLAUSE, AND PROVIDING AN EFFECTIVE DATE.

MR. BAKER MR. MAYOR, MEMBERS OF THE COUNCIL.

JERRY BAKER, CITY ATTORNEY WHAT YOU HAVE BEFORE YOU IS PROPOSED ORDINANCE RELATED TO AN ADDITION TO OUR SPECIAL EVENT PERMITTING PROCESS THAT WE ADDED PROBABLY ABOUT A YEAR OR SO AGO.

AS YOU MAY RECALL. AND ACTUALLY IT WAS IN MARCH.

SO MARCH 4TH, 2025, THE CITY COUNCIL APPROVED THAT AMENDMENT TO CHAPTER 74, WHICH ADDED THIS ARTICLE FOUR WHICH REFINED THE PERMITTING PROCESS FOR SPECIAL EVENTS HERE IN THE CITY. AND THEN, AS YOU MAY RECALL, NOVEMBER 18TH OF THIS PAST YEAR, THE COUNCIL APPROVED AMENDMENTS TO BOTH CHAPTER 34 AND CHAPTER 118, WHICH CONSOLIDATED AND AMENDED THE CITY'S NOISE ORDINANCE. YOU MAY OR MAY NOT RECALL, THOUGH, THAT BOTH ORDINANCES REFERENCES A SOUND EQUIPMENT PERMIT, WHICH WE DID NOT HAVE AT THE TIME.

THAT WAS PURPOSEFUL BECAUSE THE INTENTION WAS TO BRING WHAT WE HAVE BEFORE YOU RIGHT NOW.

SO THE PROPOSED ORDINANCE BEFORE YOU CREATES A PERMITTING PROCESS FOR THE USE AND OPERATION OF SOUND EQUIPMENT.

I WILL POINT OUT, HOWEVER, THAT THE PERMIT IS THAT IS REQUIRED HERE IS ONLY FOR THE USE OF SOUND EQUIPMENT DURING A SPECIAL EVENT.

THIS DOES NOT APPLY TO ANY OTHER TIME THAT SOMEONE MAY INTEND TO USE A SOUND EQUIPMENT IN THE CITY. SO THE ORDINANCE LAYS OUT THE APPLICATION PROCESS.

THE APPLICATION FOR THE PERMIT WILL INCLUDE INFORMATION ABOUT THE APPLICANT.

NATURALLY. THE DESCRIPTION OF THE SOUND EQUIPMENT THE LOCATION WHERE THE SOUND EQUIPMENT WILL BE USED.

AND RECALL THIS IS WE'RE TALKING ABOUT A SPECIAL EVENT AND WE'LL GET MORE INTO THAT IN JUST A BIT, BUT THERE'S A CAVEAT THERE, AND I'LL GET TO THAT IN JUST A MINUTE AS WELL. I JUST WANTED TO POINT OUT THAT LITTLE ASTERISK THE DATE AND TIME WITH THE SOUND EQUIPMENT WILL BE USED, A STATEMENT THAT THE APPLICANT WILL AGREE AND COMPLY TO COMPLY WITH THE ORDINANCE AND ANY OTHER INFORMATION THAT THE CITY MAY NEED TO APPROVE THE PERMIT. THE ORDINANCE HAS A PERMIT FEE OF $25 TO OFFSET THE COST OF REVIEWING AND THE APPLICATIONS AND, BUT IT DOES ALLOW FOR THE WAIVER BY THE CITY MANAGER IF HE SO CHOOSES, AND THAT MAY BE NECESSARY DEPENDING ON THE TYPE OF SPECIAL EVENT THAT MAY BE INVOLVED.

OKAY. AND WE TALKED ABOUT THAT.

AS YOU MAY RECALL, WHEN WE WERE TALKING ABOUT THE SPECIAL EVENT PERMITS THAT COULD ALSO BE WAIVED BY THE CITY MANAGER, DEPENDING ON THE SPECIAL EVENT INVOLVED AND WHO, WHO MAY BE APPLYING.

IT ALSO CREATES AN APPEAL PROCESS FOR ANY DENIAL OR SUSPENSION OR REVOCATION OF THE PERMIT. SO AS I MENTIONED THAT ASTERISK BEFORE.

SO WITHIN THE, THE ORDINANCE THERE IS THE OPPORTUNITY FOR SOMEONE WHO MAY OR MAY NOT BE ASSOCIATED WITH THE ORGANIZER OF THE SPECIAL EVENT WHO WANTS TO EXERCISE THEIR FIRST AMENDMENT RIGHTS AND USE SOUND EQUIPMENT TO DO SO.

AND THIS PERMIT WOULD ALLOW THEM TO DO THAT TO OBTAIN A PERMIT TO USE THAT SOUND EQUIPMENT. HOWEVER, IN THOSE SPECIAL EVENT AREAS, THE CITY DESIGNATES DEPENDING ON THE SPECIAL EVENT WE'RE TALKING ABOUT.

WE HAVE DESIGNATED CERTAIN AREAS FOR THOSE PERMITS WHO WANT TO DO THAT TO EXERCISE THEIR FIRST AMENDMENT RIGHT IN THAT AREA.

SO I COMMEND JESSICA AND HER TEAM, WORKING WITH OUR GIS DEPARTMENT TO COME UP WITH THESE MAPS. I JUST GOT A COUPLE OF THESE.

BUT WHAT THEY'VE DONE IS CREATE CREATED THESE MAPS FOR EACH TYPE OF SPECIAL EVENT THAT WE TALK ABOUT, WHETHER IT'S A RUNNING EVENT, WHETHER IT'S A BIG EVENT SUCH AS BLUEBERRY OR

[00:35:04]

I DON'T KNOW IF Y'ALL CAN READ THAT, BUT IT SAYS THE DESIGNATED FIRST.

I THINK THAT'S FIRST AMENDMENT SPEECH AREA.

I CAN'T EVEN READ IT MYSELF HERE.

BUT IN ANY CASE, FREE SPEECH AREA.

IS THAT WHAT IT SAYS? FREE SPEECH AREA. OKAY.

BUT YOU CAN SEE THE LITTLE BOX ON THE MAP THERE.

HERE'S THE MAP THAT WOULD BE FOR SOMETHING LIKE THE BLUEBERRY FESTIVAL THAT TAKES INTO NOT ONLY ALL OF DOWNTOWN, BUT ALSO FESTIVAL PARK.

BUT SO AS I MENTIONED, SO ORDINARILY IF SOMEBODY WAS GOING TO IMPLEMENT SOUND EQUIPMENT AS PART OF PART OF THEIR SPECIAL EVENT, YOU KNOW, AS PART OF THEIR APPLICATION FOR THAT SPECIAL EVENT, THEY'RE GOING TO COME IN AND DESIGNATE, THEY'RE GOING TO OBTAIN THE PERMIT FOR THE SOUND EQUIPMENT AND DESIGNATE WHERE THOSE THAT SOUND EQUIPMENT IS GOING TO BE USED.

BUT AS I MENTIONED SOMEBODY MAY WANT TO EXERCISE THEIR FIRST AMENDMENT RIGHT AT THAT SPECIAL EVENT AND THEY'RE NOT ASSOCIATED WITH THAT ORGANIZER.

THEY THEN HAVE THAT OPPORTUNITY TO DO SO, BUT THEY JUST HAVE TO DO IT IN THESE CERTAIN AREAS, IF THAT MAKES SENSE.

SO THAT'S ALL I HAVE AS FAR AS THE PRESENTATION.

I CAN ANSWER ANY QUESTIONS.

JESSICA IS HERE AS WELL TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE OF HER.

SO WHEN THEY HAD THE CHARLIE KIRK MEMORIAL NOT THAT LONG AGO, SEPTEMBER 10TH OR 11TH OR WHATEVER.

OKAY. ON THE COURTHOUSE SQUARE.

WOULD THAT HAVE REQUIRED A SOUND PERMIT AND A FREE SPEECH AREA? WAS THAT A SPECIAL EVENT PERMITTED BY THE CITY? I DON'T KNOW. PROBABLY NOT THEN.

SO THIS WOULD ONLY APPLY TO A SPECIAL EVENT THAT'S PERMITTED BY THE CITY UNDER CHAPTER 74. SO DOES THAT HAVE TO GET A PERMIT? DID IT NEED A PERMIT? WE DON'T HAVE A PERMITTING PROCESS OTHER THAN WHAT WE'RE PRESENTING TODAY. AND THAT'S ONLY FOR CITY SPONSORED SPECIAL EVENTS.

OKAY. JUST TO CLARIFY, THE, THE, THE PEOPLE WHO ARE RUNNING THE SPECIAL EVENT, THIS INCLUDES THE PERMIT FEE FOR THEM OR.

RIGHT. SO THERE'S A, THERE'S A PERMIT FEE, AS YOU MAY RECALL, FOR THE ACTUAL SPECIAL EVENT.

AS I MENTIONED, THERE'S A PERMIT FEE FOR THIS PERMIT AS WELL.

HOWEVER, THAT CAN BE WAIVED BY THE CITY MANAGER.

CORRECT. SO IT COULD BE SUCH THAT THE DEPENDING ON THE TYPE OF EVENT WE'RE TALKING ABOUT, THAT THE CITY MANAGER MAY WANT TO VIEW THAT AND SAY WE DON'T NEED TO CHARGE THAT FEE IN ADDITION TO THE SPECIAL EVENT FEE.

SO THE FREE SPEECH AREA THOUGH, IS NOT SOMETHING THAT THEY'RE PERMITTED FOR.

THAT'S JUST THE DESIGNATED AREA.

NO, THEY ARE, THEY ARE THEY ARE GETTING A PERMIT TO GET THE PERMIT.

OKAY. CORRECT. SO THEY'LL NEED A PERMIT IN ORDER TO EXERCISE THAT.

RIGHT. BUT WHAT THAT'S THAT FREE SPEECH AREA THOUGH IS JUST THE AREA THAT THEY CAN USE THAT SOUND EQUIPMENT. OKAY.

WHAT WE'RE SAYING IS IF YOU WANT TO EXERCISE YOUR FIRST AMENDMENT RIGHT WITH SOUND EQUIPMENT. THAT'S RIGHT.

WHETHER IT'S A BULLHORN OR WHATEVER IT MAY BE, YOU HAVE TO STAY IN THIS AREA THAT WE'RE DESIGNATING.

OKAY. IF YOU WANT TO EXERCISE YOUR FIRST AMENDMENT RIGHT AND GO AROUND STREET PREACHING, YOU KNOW, IN IN THE SPECIAL EVENT, BUT YOU'RE DOING IT WITH JUST YOUR VOICE.

YOU CAN GO ANYWHERE YOU WANT TO.

WE'RE JUST SAYING, IF YOU'RE GOING TO USE SOUND EQUIPMENT, YOU HAVE TO DO IT IN THIS AREA.

I JUST WANT TO MAKE SURE.

TOTALLY. GOT IT. IT'S GREAT.

AND THAT MAY BE A LITTLE DENSE ABOUT THIS, BUT THERE'S LOTS OF PEOPLE STANDING ON THE CORNERS FOR DIFFERENT PROTEST.

IS THAT A PERMITTED. IS THAT A CITY EVENT OR NO.

WHAT IS THAT? WHERE DO THEY GET THAT PERMIT? GENERALLY, THAT'S FIRST AMENDMENT ACTIVITY. THAT'S NOT REQUIRED A PERMIT.

SO IF YOU MAY RECALL, WHEN WE DID THE SPECIAL EVENT PERMIT DISCUSSION, EXCUSE ME, BACK IN MARCH.

THAT'S ONE OF THE ACTUAL DEFENSES OR AFFIRMATIVE DEFENSES OR EXCEPTIONS TO THE PERMITTING PROCESS. IF YOU'RE ENGAGING IN FIRST AMENDMENT ACTIVITY, YOU KNOW, YOU'RE ON THE, THE, YOU KNOW, THE SIDEWALK AND YOU'RE, WHETHER IT'S POLITICAL OR RELIGIOUS OR WHATEVER, THAT'S NOT A PERMIT. THERE'S NO REQUIREMENT THAT YOU GET A PERMIT TO EXERCISE THAT ACTIVITY. THIS WAS, THIS WAS MAINLY FOR THOSE THOSE SITUATIONS WHERE SOMEBODY, YOU KNOW, GOT VERY LARGE NOISE EQUIPMENT AND WAS TRYING TO DISRUPT THE WHOLE.

WELL, LET'S, LET'S JUST SAY THIS, THIS IS A SCENARIO OF, OKAY, YOU'VE GOT WINE FEST CITY EVENT, AND YOU DON'T WANT TO HAVE PEOPLE CHASING YOU WITH A BULLHORN. RIGHT, RIGHT.

AND THAT DID HAPPEN. I MEAN, I'M JUST GOING TO SAY IT.

YEAH. SO THERE'S A REASON THIS IS BEING BROUGHT, RIGHT. THANK YOU FOR DOING IT ALL.

SO DO PEOPLE STAND ON THE CORNER IS NO DIFFERENT THAN THE CHARLIE KIRK EVENTS.

BASICALLY WHAT YOU'RE SAYING. RIGHT? OKAY. RIGHT. YEAH. AGAIN, THIS WOULD ONLY APPLY FOR SPECIAL EVENTS THAT

[00:40:05]

ANY OTHER EVENT OR RALLY OR WHATEVER IT MAY BE THAT DOESN'T CONSTITUTE A SPECIAL EVENT UNDER THE CITY PERMITTING PROCESS.

WE'RE NOT TALKING ABOUT ANY PERMITTING.

ANY SOUND EQUIPMENT PERMITTING FOR THEM.

GOTCHA. DOES THAT MAKE SENSE? ANY OTHER QUESTIONS? IF NOT, I'LL ENTERTAIN A MOTION FOR APPROVAL.

MAKE A MOTION THAT WE APPROVE THE CHANGES WITH THE ORDINANCE IN ITEM SIX, I AS PRESENTED. SECOND, HAVE A MOTION.

SECOND. ALL IN FAVOR? AYE.

MOTION CARRIES UNANIMOUSLY.

THAT CONCLUDES THE REGULAR AGENDA PURSUANT TO TEXAS GOVERNMENT CODE SECTION 551.071.

[7. EXECUTIVE SESSION: Executive Sessions are for City Council to receive information and deliberate on matters specified in Subchapter D of the Texas Open Meetings Act. Council may reconvene in open session to vote on the matter. ]

THANK YOU VERY MUCH. WE'LL BE BACK SHORTLY.

OKAY. WE ARE RETURNING FROM EXECUTIVE SESSION AT 730 AND PURSUANT TO TEXAS GOVERNMENT CODE SECTION 551.071.

NO ACTION TAKEN. THANK YOU VERY MUCH.

THIS CONCLUDES THE MEETING. GOD BLESS THE GREAT CITY OF NACOGDOCHES, TEXAS. YES, SIR.

* This transcript was compiled from uncorrected Closed Captioning.