CITY COUNCIL AGENDA NOTICE OF WORKSHOP

CTY COUNCL AGENDA NOTCE OF WORKSHOP Tuesday, September 18, 2018 5:30 p.m. Council Chamber - City Hall Daniel P. Moore Community Center Complex 1900 Billy G. Webb Portland, Texas 78374 This workshop may be recessed before the Regular City Council meeting begins at 7:00 p.m. and reconvened after the Regular City Council meeting ends. 1. CALL TO ORDER: MAYOR SKUROW 2. EXECUTVE SESSON: THE CTY COUNCL WLL CONDUCT AN EXECUTVE SESSON ACCORDNG TO GOVERNMENT CODE 551.074 DELBERATE THE APPONTMENT, EMPLOYMENT, EVALUATON, REASSGNMENT, DUTES, DSCPLNE OR DSMSSAL OF A PUBLC OFFCER OR EMPLOYEE (BOARDS AND COMMSSONS MEMBERS) CTY COUNCL 3. ADJOURNMENT: MAYOR SKUROW NOTCE OF ASSSTANCE f you plan to attend this public meeting and you have a disability that requires special arrangements to be made, please contact City Secretary Annette Hall 361-777-4513 or annette.hall@portlandtx.com in advance of the meeting. Reasonable accommodations will be made to facilitate your participation. City Hall is wheelchair accessible and specially marked parking spaces are located in front of its entrance. Special seating will be provided in the Council Chamber during the meeting. BRALLE S NOT AVALABLE Posted: September 14, 2018, by 5 p.m. Portland City Hall Electronically at www.portlandtx.com By: Annette Hall City Secretary

CTY COUNCL AGENDA NOTCE OF REGULAR MEETNG Tuesday, September 18, 2018 7:00 p.m. City Hall - Council Chamber Daniel P. Moore Community Center Complex 1900 Billy G. Webb Drive Portland, Texas A. PROCEDURAL MATTERS, HONORS AND RELATED NON-ACTON TEMS: 1. CALL TO ORDER: MAYOR SKUROW 2. ROLL CALL: CTY SECRETARY 3. NVOCATON AND PLEDGE: MAYOR SKUROW OR DESGNEE 4. FORMAL ANNOUNCEMENTS, RECOGNTON, PRESENTATONS AND REPORTS THAT MAY BE DSCUSSED: 5. CTY COUNCL COMMENTS CONCERNNG TEMS OF COMMUNTY NTEREST THAT MAY NOT BE DSCUSSED: Members of the City Council may present reports regarding items of community interest, provided no action is taken or discussed. tems of community interest include the following: Expressions of thanks, congratulations, or condolence nformation regarding holiday schedules Honorary recognition of city officials, employees, or other citizens Reminders about upcoming events sponsored by the city or another entity that is scheduled to be attended by a city official or city employee Announcements of imminent threats to the public health and safety of the city 6. CTY MANAGER S REPORT: The City Manager may present announcements, comments and updates on City operations and projects.

7. Members of the audience who wish to (1) comment on issues concerning an agenda item, (2) present questions or request assistance, (3) propose regulatory changes, must comply with the following rules of procedure: Persons who wish to speak must fill out and turn in a speaker card before the meeting is convened (The Mayor will notify you when it s your turn to speak and direct you to the podium) Persons who wish to speak must identify themselves and their places of residence All comments, requests and proposals must be presented to or through the Mayor Persons who wish to speak will be given 4 minutes to do so B. ACTON TEMS, RESOLUTONS AND ORDNANCES: 8. MNUTES OF PREVOUS MEETNGS: THE CTY COUNCL WLL CONSDER THE MNUTES OF TS AUGUST 28, 2018 SPECAL MEETNG AND SEPTEMBER 4, 2018 REGULAR MEETNG MAYOR SKUROW AND CTY SECRETARY 9. ORDNANCE NO. 2179 ABANDONMENT AND SALE OF SURPLUS RGHT-OF-WAY: THE CTY COUNCL WLL CONSDER THE FRST READNG OF ORDNANCE NO. 2179 THAT ABANDONS AND AUTHORZES THE CTY MANAGER TO SELL APPROXMATELY 0.103 ACRES OF SURPLUS ALLEY OUT OF BLOCK 5, TER B, CTY OF PORTLAND, BETWEEN ELM STREET AND MARKET STREET ASSSTANT CTY MANAGER 10. PUBLC HEARNG SPECAL USE PERMT REQUEST: THE CTY COUNCL WLL CONDUCT A PUBLC HEARNG TO SOLCT COMMENTS FROM CTZENS AND OTHER NTERESTED PARTES CONCERNNG A SPECAL USE PERMT REQUEST FROM ZJZ HOLDNGS, LLC, TO CONSTRUCT A HOTEL ON LOT 5, BLOCK 1, ZJZ HOSPTALTY TRACTS (GENERALLY LOCATED 675 FEET SOUTHWEST OF THE NTERSECTON OF THE US 181 SOUTHBOUND FRONTAGE ROAD AND BUDDY GANEM DRVE) ASSSTANT CTY MANAGER 11. ORDNANCE NO. 2180 SPECAL USE PERMT REQUEST: THE CTY COUNCL WLL CONSDER THE FRST READNG OF ORDNANCE NO. 2180 THAT APPROVES A SPECAL USE PERMT REQUEST FROM ZJZ HOLDNGS, LLC, TO CONSTRUCT A HOTEL ON LOT 5, BLOCK 1, ZJZ HOSPTALTY TRACTS (GENERALLY LOCATED 675 FEET SOUTHWEST OF THE NTERSECTON OF THE US 181 SOUTHBOUND FRONTAGE ROAD AND BUDDY GANEM DRVE) ASSSTANT CTY MANAGER 12. RESOLUTON NO. 756 HAZARD MTGATON PLAN: THE CTY COUNCL WLL CONSDER RESOLUTON NO. 756 APPROVNG THE SAN PATRCO COUNTY HAZARD MTGATON PLAN ASSSTANT CTY MANAGER 13. RESOLUTON NO. 757 AMENDNG AUTHORZED REPRESENTATVES: THE CTY COUNCL WLL CONSDER RESOLUTON NO. 757 AMENDNG AUTHORZED TEXPOOL REPRESENTATVES DRECTOR OF FNANCE

C. ADJOURNMENT: MAYOR SKUROW NOTCE OF ASSSTANCE f you plan to attend this public meeting and you have a disability that requires special arrangements to be made, please contact City Secretary Annette Hall (361) 777-4513 or annette.hall@portlandtx.com) in advance of the meeting. Reasonable accommodations will be made to facilitate your participation. The City Hall is wheelchair accessible and specially marked parking spaces are located in front of its entrance. Special seating will be provided in the Council Chamber during the meeting. BRALLE S NOT AVALABLE Posted: September 14, 2018 by 5:00 p.m. Portland City Hall Electronically at www.portlandtx.com By: Annette Hall City Manager

CTY OF PORTLAND CTY COUNCL SPECAL MEETNG MNUTES AUGUST 28, 2018 7:00 P.M. On this the 28 th day of August 2018, the Council of the City of Portland convened in a regular meeting session at 7:00 p.m. in the Council Chambers of City Hall, Daniel P. Moore Community Center Complex and notice of regular meeting giving the time, place and date and subject having been posted as described by Section 551 of the Government Code. COUNCL MEMBERS PRESENT: Cathy Skurow John Green Bill T. Wilson John G. Sutton Jr. Gary W. Moore Tom Yardley Troy Bethel Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Council Member EXECUTVE STAFF PRESENT: Randy Wright Brian DeLatte Annette Hall Lorenzo Lara Mark Cory Dan Willott Terrell Elliott Fred Morris Ginny Moses Mona Gandy Matt Rogers City Manager Assistant City Manager City Secretary nterim Director of Finance Chief of Police nterim Fire Chief T Manager Director of Public Works Library Director Director of Marketing and Communications Sports Director And with a quorum being present, the following business was transacted: 1. CALL TO ORDER: MAYOR SKUROW Mayor Skurow called the meeting to order at 7:00 p.m. City Secretary Annette Hall called the roll. She announced that a quorum was present and there were no affidavits filed for abstaining from discussion of any of the items that will be discussed this evening.

2. RATFCATON OF DECSONS OF BOARD OF DRECTORS: THE CTY COUNCL WLL CONSDER RATFYNG THE AUGUST 21, 2018 DECSONS OF THE PORTLAND COMMUNTY CENTER COMPLEX DEVELOPMENT CORPORATON BOARD OF DRECTORS - MAYOR SKUROW, DRECTOR OF FNANCE AND CONTROLLER Controller Lorenzo Lara presented the following information: The Portland Community Center Complex Development Corporation (PCCCDC) Board met on August 21, 2018 to discuss following items: The minutes from September 12, 2017 meeting were approved Officers for 2018-2019 were elected Amended 2017-2018 Budget was approved Revenues - $1,277,000 Expenditures - $909,077 Proposed 2018-2019 Budget was approved Revenues - $1,735,498 Expenditures - $1,734,251 Staff recommends the ratification of the decisions of the Portland Community Center Complex Development Corporation Board of Directors at its August 21, 2018 meeting. Mayor Pro Tem Green made the motion to ratify the decisions of the Portland Community Center Complex Development Corporation Board of Directors of its August 21, 2018 meeting, seconded by Council Member Yardley. The motion passed with the following vote: For: 7 Mayor Skurow, Mayor Pro Tem Green, Council Member Wilson, Council Member Sutton, Council Member Moore, Council Member Yardley, and Council Member Bethel Against: 0 Absent: 0 Abstained: 0 3. ORDNANCE NO. 2176 - AMENDNG CURRENT FSCAL YEAR BUDGET: THE CTY COUNCL WLL CONSDER THE FRST READNG OF ORDNANCE NO. 2176 THAT AMENDS THE 2017-2018 FSCAL YEAR BUDGET CTY MANAGER, DRECTOR OF FNANCE AND CONTROLLER Controller Lorenzo Lara presented the following information: Amended 2017-2018 Budget General Fund Revenues - $12,849,798 Expenditures - $12,563,111 $1.5M in Drawdowns moved to FY2019 PW Phase 1, Boat Ramp Without Drawdown Revenue are up over $300k

Sales Tax projected to $100k over Adopted Budget nvestments rates have increased Expenditures $150k land purchase Water/Wastewater Revenues - $8,279,882 Expenditures - $7,986,996 Drawdowns moved to FY2019 PW Phase 1 Water & Sewer Revenue has increased Water Purchases have increased Debt Service Fund Revenues - $2,561,455 Expenditures - $2,297,302 &S portion of tax revenue has increased $200,000 Appraisal Fees moved to General Fund Type B Sales Tax Revenues - $1,277,000 Expenditures - $909,077 Sales Tax is up Drawdowns for Capital Projects moved to FY2019 Capital Expenditures for Community Center moved to FY2019 Drainage Fund Revenues - $326,800 Expenditures - $181,169 ncrease in Drainage Fee Revenue Restricted Use Fund Revenues - $941,000 Expenditures - $613,007 ncrease in HOT Revenue Drawdowns for Capital Projects moved to FY2019 Venue Sales Tax Fund Revenues - $1,545,198 Expenditures - $1,524,323 ncrease in Sales Tax ncrease in Sports Complex operations Mayor Pro Tem Green made the motion to approve first reading of Ordinance No. 2176 amending the FY 2017-2018 budget ending September 30, 2018, seconded by Council Member Moore. The motion passed with the following vote: For: 7 Mayor Skurow, Mayor Pro Tem Green, Council Member Wilson, Council Member Sutton, Council Member Moore, Council Member Yardley, and Council Member Bethel

Against: 0 Absent: 0 Abstained: 0 City Secretary Annette Hall read the following caption: ORDNANCE NO. 2176 AN ORDNANCE AMENDNG AND ADJUSTNG ORDNANCE NO. 2153 PASSED ON THE 19th OF SEPTEMBER 2017, ADOPTNG THE FUND LEVEL BUDGET FOR THE CTY OF PORTLAND FOR THE FSCAL YEAR ENDNG SEPTEMBER 30, 2018, AND MAKNG SUPPLEMENTAL APPROPRATONS AND ADJUSTMENTS FOR SAD FSCAL YEAR; REPEALNG ALL ORDNANCES N CONFLCT HEREWTH, PROVDNG FOR THE PUBLCATON OF THS ORDNANCE; AND AN EFFECTVE DATE 4. PUBLC HEARNG ON ADOPTON OF PROPOSED 2018-2019 FSCAL YEAR BUDGET: THE CTY COUNCL WLL CONDUCT A PUBLC HEARNG TO SOLCT COMMENTS FROM CTZENS AND OTHER NTERESTED PARTES CONCERNNG THE ADOPTON OF THE PROPOSED 2018-2019 FSCAL YEAR BUDGET CTY MANAGER, DRECTOR OF FNANCE AND CONTROLLER Mayor Skurow opened the public hearing At 7:07 p.m. Mayor Skurow asked for any comments from the public. Hearing and seeing none, the Public Hearing was closed at 7:08 pm. 5. ORDNANCE NO. 2177 - ADOPTNG 2018-2019 FSCAL YEAR BUDGET: THE CTY COUNCL WLL CONSDER THE FRST READNG OF ORDNANCE NO. 2177 THAT ADOPTS THE 2018-2019 FSCAL YEAR BUDGET CTY MANAGER, DRECTOR OF FNANCE AND CONTROLLER Controller Lorenzo Lara presented the following information: Proposed 2018-2019 Budget The Proposed Budget was discussed during the Budget Workshop on July 31 and presented to Council on August 7 th. The budget was available for viewing on the City web site, at City Hall & at the Library. The budget includes a 4.36 cents Ad Valorem Tax ncrease and there have been no changes to Fund Totals.

The table below reflects revenues and expenditures for each budgeted fund and the estimated contribution to fund balance at year-end for FY 2018-2019. Budgeted Fund Revenues Expenditures Balance General Fund* $15,152,068 $15,152,068 $0 Water/Wastewater Enterprise Fund* $9,302,500 $8,838,538 $463,962 Debt Service $2,784,214 $2,743,998 $40,216 Type B Economic Development Sales Tax Fund* $1,735,498 $1,734,251 $1,247 Drainage Enterprise Fund $331,500 $170,984 $160,516 Restricted Use Fund* $1,353,100 $884,796 $468,304 Venue Sales Tax* $1,785,198 $1,701,587 $83,611 Totals $32,444,078 $31,226,222 $1,217,856 *ncludes a drawdown of fund balance in the FY 2018-2019 Proposed Budget. Mayor Pro Tem Green made the motion to approve the first reading of Ordinance No. 2177 adopting the FY 2018-2019 budget ending September 30, 2019, seconded by Council Member Bethel. The motion passed with the following vote: For: 7 Mayor Skurow, Mayor Pro Tem Green, Council Member Wilson, Council Member Sutton, Council Member Moore, Council Member Yardley, and Council Member Bethel Against: 0 Absent: 0 Abstained: 0 City Secretary Annette Hall read the following caption: ORDNANCE NO. 2177 AN ORDNANCE ADOPTNG A FUND LEVEL BUDGET FOR THE ENSUNG FSCAL YEAR BEGNNNG OCTOBER 1, 2018, AND ENDNG SEPTEMBER 30, 2019, N ACCORDANCE WTH THE CHARTER OF THE CTY OF PORTLAND, APPROPRATNG THE VAROUS AMOUNTS THEREOF, AND REPEALNG ALL ORDNANCES OR PARTS OF ORDNANCES N CONFLCT THEREWTH; PROVDNG FOR PUBLC HEARNGS; PROVDNG FOR PUBLCATON OF THS ORDNANCE AND FOR AN EFFECTVE DATE

6. PUBLC HEARNG ON PROPOSED TAX NCREASE: THE CTY COUNCL WLL CONDUCT A PUBLC HEARNG TO SOLCT COMMENTS FROM CTZENS AND OTHER NTERESTED PARTES CONCERNNG A PROPOSED NCREASE OF TOTAL TAX REVENUES CTY MANAGER, DRECTOR OF FNANCE AND CONTROLLER A tax rate of $0.64950 per $100 valuation has been proposed for adoption by the governing body of Portland. This rate exceeds the lower of the effective or rollback tax rate, and state law requires that two public hearings be held by the governing body before adopting the proposed tax rate. Mayor Skurow opened the public hearing at 7:11 p.m. Mayor Skurow asked for any comments from the public. Hearing and seeing none, the Public Hearing was closed at 7:12 pm. 7. ORDNANCE NO. 2178 - ADOPTNG 2018 AD VALOREM TAX RATE: THE CTY COUNCL WLL CONSDER THE FRST READNG OF ORDNANCE NO. 2178 THAT ADOPTS THE AD VALOREM TAX RATE FOR 2018 CTY MANAGER, DRECTOR OF FNANCE AND CONTROLLER Controller Lorenzo Lara presented the following information: Adopting 2018 Ad Valorem Two Public Hearings were conducted on the Proposed Ad Valorem Tax Rate The Proposed Budget includes the Proposed Ad Valorem Tax Rate Staff recommends approval of the Proposed Ad Valorem Tax Rate that sets the maintenance and operations rate at $0.432526 and the debt service rate at $0.216974 for a total Ad Valorem Tax Rate of $0.649500 per $100 valuation. Council Member Wilson made the motion to approve the first reading of Ordinance No. 2178 that sets the maintenance and operation portion of the tax rate at $0.432526 and the debt service rate at $0.216974 for a total ad valorem tax rate of $0.649500 per $100 valuation for FY 2018-2019 with an estimated 2018 tax levy amount of $8,151,879, seconded by Council Member Sutton. The motion passed with the following vote: For: 7 Mayor Skurow, Mayor Pro Tem Green, Council Member Wilson, Council Member Sutton, Council Member Moore, Council Member Yardley, and Council Member Bethel Against: 0 Absent: 0 Abstained: 0

City Secretary Annette Hall read the following caption: ORDNANCE NO. 2178 AN ORDNANCE LEVYNG TAXES FOR THE CTY OF PORTLAND, TEXAS FOR THE TAX YEAR 2018, PROVDNG FOR A DATE OF WHCH SUCH TAXES BECOME DELNQUENT; PROVDNG FOR A LEN ON ALL REAL AND PERSONAL PROPERTY TO SECURE THE PAYMENT OF TAXES DUE THEREON; PROVDNG FOR PENALTY AND NTEREST TO AND EFFECTVE DATE THEREOF; PROVDNG FOR A 20% COLLECTON FEE; PROVDNG FOR PUBLCATON OF THE CAPTON OF THS ORDNANCE; AND PROVDNG FOR AN EFFECTVE DATE 8. PROPOSAL FOR ENGNEERNG SERVCES: THE CTY COUNCL WLL CONSDER CONTRACT AMENDMENT NO. 1 FROM LJA ENGNEERNG, NC., FOR THE DESGN OF MPROVEMENTS ON LANG ROAD AND BROADWAY BLVD. NTO THE STREET MPROVEMENT PROGRAM PHASE 10 (SEAL COATS, OVERLAYS, AND RECONSTRUCTON) N THE LUMP SUM AMOUNT OF $67,090.00 ASSSTANT CTY MANAGER Assistant City Manager Brian DeLatte presented the following information: Bids for the Phase 10 Street mprovements Projects that were opened in May and June 2018 were approximately $1,200,000 under budget. City Staff presented a draft plan at the City Council Budget Workshop on July 31, 2018, that proposed utilizing this excess Certificate of Obligation funding for other citywide street, sidewalk, and lighting improvements. City Staff recommends amending the Phase 10 contracts to include pavement repairs and a twocourse seal coat on Lang Road between Stark Road and CR 79, as well as a mill and overlay on Broadway Blvd. between US 181 and the East Cliff school zone. City Staff recommends approving LJA s proposed contract amendment to design these additions. f approved, City Staff would subsequently issue change orders to the contractors on both projects based on contract unit pricing. The Phase 10 Street mprovement Projects bids were approximately $1,200,000 under budget. City Staff recommends utilizing this excess funding as follows: Broadway Blvd. (US 181 to East Cliff School Zone) $375,000 Lang Rd. Seal Coat (Stark Rd. to CR 79) $175,000 Street Light nstallation Project $100,000 Sidewalk Replacement Program $250,000 Stark Rd. Survey and Engineering Design (partial $150,000 funding) Phase 10 Additional Contingency $150,000 TOTAL $1,200,000

Donnie Rehmet and Jeff Coym were present to answer questions. The City Council and Assistant City Manager discussed street light options. Council Member Wilson made the motion to approve LJA Engineering, nc. s Amendment No. 1 to the Engineering Contract for City of Portland Phase 10 Paving mprovements Seal Coats, Overlays, and Reconstruction Project in the lump sum amount of $67,090.00 and authorize the City Manager to execute all necessary contract documents, seconded by Council Member Moore. The motion passed with the following vote: For: 7 Mayor Skurow, Mayor Pro Tem Green, Council Member Wilson, Council Member Sutton, Council Member Moore, Council Member Yardley, and Council Member Bethel Against: 0 Absent: 0 Abstained: 0 9. FBER NSTALLATON PROPOSAL: THE CTY COUNCL WLL CONSDER A CONTRACT FOR FBER NSTALLATON WTH MEDA LNK TELECOM, LLC, N THE LUMP SUM AMOUNT OF $184,835.00 ASSSTANT CTY MANAGER AND T MANAGER Assistant City Manager Brian DeLatte presented the following information: G-PSD has recently contracted with Media Link Telecom, LLC, to construct a fiber line between the Junior High and the new WC Andrews Elementary at a federally-subsidized rate. This construction provides an opportunity for the City to install a fiber line in the same ductwork to connect the Public Works facility and the Community Center Complex at a fraction of the cost of a standalone project. The fiber installation will provide critical resiliency and redundancy in our water and wastewater systems that is otherwise unavailable through our current communications. T Manager Terrell Elliott presented the following information: The City s water and wastewater SCADA system is controlled through a series of low power radios. Communications, including telephone service and internet access, between the City Hall complex and other city buildings and facilities are currently conducted through an array of microwave, point to point backhauls. Each means of communication has limitations and lack the speed, bandwidth, and reliability of fiber optic cable as an information conduit. We have begun to replace those systems with fiber optics. Underground fiber optic connections have been installed between City Hall, Police Department, Community Center, and the Aquatic Center.

This project will install an underground connection between the Public Works Center and the City s data center at the Police Department. The route along Moore, Akins, Wildcat, and Buddy Ganem will include connections to the Moore Avenue and Sports Complex water storage tanks, Municipal Park, Fire Department, and Library. Mayor Pro Tem Green made the motion to authorize the City Manager to enter into an agreement with Media Link Telecom, LLC, to provide fiber installation in the lump sum amount of $184,835.00, seconded by Council Member Bethel. The motion passed with the following vote: For: 7 Mayor Skurow, Mayor Pro Tem Green, Council Member Wilson, Council Member Sutton, Council Member Moore, Council Member Yardley, and Council Member Bethel Against: 0 Absent: 0 Abstained: 0 10. ADJOURNMENT: MAYOR SKUROW Mayor Skurow adjourned the meeting to order at 7:27 pm. NOTCE OF ASSSTANCE f you plan to attend this public meeting and you have a disability that requires special arrangements to be made, please contact City Secretary Annette Hall (361) 777-4513 or annette.hall@portlandtx.com in advance of the meeting. Reasonable accommodations will be made to facilitate your participation. The City Hall is wheelchair accessible and specially marked parking spaces are located in front of its entrance. Special seating will be provided in the Council Chamber during the meeting. Approved: Cathy Skurow, Mayor BRALLE S NOT AVALABLE Attest: City Secretary

CTY OF PORTLAND CTY COUNCL REGULAR MEETNG MNUTES SEPTEMBER 4, 2018 7:00 P.M. On this the 4 th day of September 2018, the Council of the City of Portland convened in a regular meeting session at 7:00 p.m. in the Council Chambers of City Hall, Daniel P. Moore Community Center Complex and notice of regular meeting giving the time, place and date and subject having been posted as described by Section 551 of the Government Code. COUNCL MEMBERS PRESENT: Cathy Skurow John Green Bill T. Wilson Gary W. Moore Tom Yardley Troy Bethel Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member COUNCL MEMBERS ABSENT: John G. Sutton Jr. Council Member EXECUTVE STAFF PRESENT: Randy Wright Brian DeLatte Lorenzo Lara Mark Cory Dan Willott Terrell Elliott Kristin Connor Fred Morris Ginny Moses Matt Rogers City Manager Assistant City Manager nterim Director of Finance Chief of Police nterim Fire Chief T Manager Director of Parks and Recreation Director of Public Works Library Director Sports Director And with a quorum being present, the following business was transacted: A. PROCEDURAL MATTERS, HONORS AND RELATED NON-ACTON TEMS: 1. CALL TO ORDER: MAYOR SKUROW Mayor Skurow called the meeting to order at 7:00 pm.

2. ROLL CALL: CTY SECRETARY Assistant City Manager, Brian DeLatte, called the roll and made the following announcements: Council Member Sutton is excused this evening Two affidavits have been filed for recusal o Member Wilson will be recusing himself from item No.11 Ordinance Granting AEP a Non-Exclusive Franchise o Council Member Moore will be recusing himself from item No. 17. Resolution No.755 opposing an increase in premiums from the Texas Windstorm nsurance Association (TWA) 3. NVOCATON AND PLEDGE: MAYOR SKUROW OR DESGNEE Council Member Wilson gave the invocation and Council Member Moore led the Pledge of Allegiance. 4. FORMAL ANNOUNCEMENTS, RECOGNTON, PRESENTATONS AND REPORTS THAT MAY BE DSCUSSED: RECOGNTON OF POLCE OFFCERS CHEF OF POLCE Chief of Police Mark Cory recognized and presented the following officers with letters of commendation for an encounter with an armed suspect on August 28, 2018: Sargent Cody Renfro Officer Victoria Hardin Officer Amanda Cavazos Chief of Police Mark Cory recognized and presented the following officers with letters of commendation for an encounter with an active shooter on August 6, 2018: Officer JD Garza Officer Nathan Chancey Officer Jason Guerra RECOGNTON OF LFEGUARDS DRECTOR OF PARKS AND RECREATON Director of Parks and Recreation Kristin Connor recognized and presented the following lifeguards with certificates for rescuing a swimmer in August.

Sebastian Lindley Bryce Corum Mason Mross Rosario Lopez-Cadenas Will Horton RECOGNTON OF OUTGONG CTY COUNCL MEMBER MAYOR SKUROW Mayor Skurow, the City Council as well as family members of outgoing City Council Member Gary Moore, Sr. thanked him for serving on the City Council. Mayor Skurow and the City Council then presented him with a service recognition plaque. 5. CTY COUNCL COMMENTS CONCERNNG TEMS OF COMMUNTY NTEREST THAT MAY NOT BE DSCUSSED: Members of the City Council may present reports regarding items of community interest, provided no action is taken or discussed. tems of community interest include the following: Expressions of thanks, congratulations, or condolence nformation regarding holiday schedules Honorary recognition of city officials, employees, or other citizens Reminders about upcoming events sponsored by the city or another entity that is scheduled to be attended by a city official or city employee Announcements of imminent threats to the public health and safety of the city Council Member Bethel thanked the Police Department and lifeguards for the great job they do every day. He then thanked outgoing Council Member Gary Moore, Sr. for the time he serviced on the City Council and recognized School Board Member Carrie Gregory and School Board President Victor Hernandez for attending tonight s meeting. Council Member Moore expressed his gratitude to police and lifeguards for their efforts during the recent events. Council Member Wilson commented that the city staff is amazing. He the announced that Thursday is Portland Night at the Hooks game and encourage everyone to participate. Council Member Yardley expressed how important it is for police, lifeguards and first responders to maintain their skills and equipment. Mayor Pro Tem Green commented that he is grateful that the staff we have. He then thanked outgoing Council Member Gary Moore, Sr. for his service on the City Council.

6. CTY MANAGER S REPORT: The City Manager may present announcements, comments and updates on City operations and projects. City Manager Randy Wright gave an update on the street improvement project repairs on Buddy Ganem and Kestral. B. ACTON TEMS, RESOLUTON AND ORDNANCES: 7. Members of the audience who wish to (1) comment or present questions about an agenda item, (2) present questions or concerns on issues not on the agenda, or (3) propose regulatory or policy changes, may address the city council for up to four (4) minutes. Speakers must comply with the following rules: Persons who wish to speak must fill out and turn in a speaker card before the meeting is convened (The Mayor will notify you when it s your turn to speak) All persons must speak from the podium, and must identify themselves and their places of residence All comments, requests and proposals must be presented to or through the Mayor f you have a petition or other information related to your topic, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the speaker would like to use while they speak MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the City Secretary at (361) 777-4513 to coordinate. The Texas Open Meetings Act prohibits the City Council from responding to or discussing your comments. The Mayor or City Council may: 1. Make a statement of factual information 2. Recite an existing policy in response to a question, or 3. Advise the speaker that a subject will be placed on the agenda at a future meeting. t is the policy of the City Council that citizens shall have the right to be heard, and that no Council member, staff member, or member of the audience may berate, embarrass, accuse, or show personal disrespect for a member of the City Council, There were none. 8. MNUTES OF PREVOUS MEETNGS: THE CTY COUNCL WLL CONSDER THE MNUTES OF TS AUGUST 21, 2018 REGULAR MEETNG MAYOR SKUROW AND CTY SECRETARY Mayor Skurow explained that a correction will be made to item No. 10 Ordinance No. 2173 Revising Solid Waste Service Rates to clarify excluding Section No. 2. Council Member Wilson made the motion to accept the minutes of the August 21, 2018 regular meeting with the correction, seconded by Mayor Pro Tem Green.

The motion passed with the following vote: For: 6 Mayor Skurow, Mayor Pro Tem Green, Council Member Wilson, Council Member Moore, Council Member Yardley, and Council Member Bethel Against: 0 Absent: 1 Council Member Sutton Abstained: 0 9. ORDNANCE NO. 2173 REVSNG SOLD WASTE SERVCE RATES: THE CTY COUNCL WLL CONSDER THE SECOND AND FNAL READNG OF ORDNANCE NO. 2173 THAT REVSES SOLD WASTE SERVCE RATES AND ESTABLSHES A TEMPORARY RECYCLNG RATE NCREASE ASSSTANT CTY MANAGER Assistant City Manager Brian DeLatte explained that Ordinance No. 2173 has been changed since the first reading on August 21, 2018 to reflect the exclusion of Section 2. Concerning the temporary 34-cent per month per residential and commercial cart account increase. Mayor Pro Tem Green made the motion to approve the second and final reading of Ordinance No. 2173 that revises Solid Waste Service Rates, seconded by Council Member Moore. The motion passed with the following vote: For: 6 Mayor Skurow, Mayor Pro Tem Green, Council Member Wilson, Council Member Moore, Council Member Yardley, and Council Member Bethel Against: 0 Absent: 1 Council Member Sutton Abstained: 0 Assistant City Manager Brian DeLatte read the following caption: ORDNANCE NO. 2173 AN ORDNANCE REVSNG RATES FOR THE PROVSON OF SOLD WASTE SERVCE; PROVDNG FOR THE REPEAL OF ORDNANCES N CONFLCT HEREWTH; PROVDNG A SEVERABLTY CLAUSE; AND PROVDNG FOR AN EFFECTVE DATE AND PUBLCATON 10. ORDNANCE NO. 2174 AMENDNG USER FEES FOR MUNCPAL PARK AND SPORTS COMPLEX: THE CTY COUNCL WLL CONSDER THE SECOND AND FNAL READNG OF

ORDNANCE NO. 2174 AMENDNG FEES CHARGED TO USERS OF MUNCPAL PARK AND THE SPORTS COMPLEX CTY MANAGER City Manager Randy Wright explained that Ordinance No. 2174 remains unchanged since the first reading on August 21, 2018. Mayor Pro Tem Green made the motion to approve the second and final reading of Ordinance No. 2174 amending fees charged to users of Municipal Park and the Sports Complex, second by Council Member Yardley. The motion passed with the following vote: For: 6 Mayor Skurow, Mayor Pro Tem Green, Council Member Wilson, Council Member Moore, Council Member Yardley, and Council Member Bethel Against: 0 Absent: 1 Council Member Sutton Abstained: 0 Assistant City Manager Brian DeLatte read the following caption: ORDNANCE NO. 2174 AN ORDNANCE AMENDNG RENTAL FEES FOR THE USE OF THE MUNCPAL PARK AND THE SPORTS COMPLEX; PROVDNG FOR THE REPEAL OF ORDNANCES N CONFLCT HEREWTH; PROVDNG A SEVERABLTY CLAUSE; ESTABLSHNG A PENALTY AND SPECFCALLY NEGATNG A REQUREMENT OF A CULPABLE MENTAL STATE; AND PROVDNG FOR PUBLCATON AND AN EFFECTVE DATE 11. ORDNANCE NO. 2175 GRANTNG AEP TEXAS, NC. A NON-EXCLUSVE FRANCHSE: THE CTY COUNCL WLL CONSDER THE SECOND AND FNAL READNG OF ORDNANCE NO. 2175 THAT GRANTS AEP TEXAS, NC. A NON-EXCLUSVE FRANCHSE TO THE USE OF CTY RGHTS-OF-WAY AND OTHER PUBLC PLACES CTY MANAGER City Manager Randy Wright explained that Ordinance No. 2175 remains unchanged since the first reading on August 21, 2018. AEP External Affairs Manager Patrick King was present to answer questions. Council Member Moore made the motion to approve the second and final reading of Ordinance No. 2175 that grants AEP Texas, nc. a non-exclusive franchise to the use of city rights-of-ways and other public places, seconded by Council Member Bethel.

The motion passed with the following vote: For: 5 Mayor Skurow, Mayor Pro Tem Green, Council Member Moore, Council Member Yardley, and Council Member Bethel Against: 0 Absent: 1 Council Member Sutton Abstained: 1 Council Member Wilson 12. ORDNANCE NO. 2176 AMENDNG CURRENT FSCAL YEAR BUDGET: THE CTY COUNCL WLL CONSDER THE SECOND AND FNAL READNG OF ORDNANCE NO. 2176 THAT AMENDS THE 2017-2018 FSCAL YEAR BUDGET CTY MANAGER, DRECTOR OF FNANCE AND CONTROLLER Controller Lorenzo Lara explained that Ordinance No. 2176 remains unchanged since the first reading on August 28, 2018. Council Member Bethel made the motion to approve the second and final reading of Ordinance No. 2176 amending the FY 2017-2018 budget ending September 30, 2018, seconded by Council Member Moore. The motion passed with the following vote: For: 6 Mayor Skurow, Mayor Pro Tem Green, Council Member Wilson, Council Member Moore, Council Member Yardley, and Council Member Bethel Against: 0 Absent: 1 Council Member Sutton Abstained: 0 Assistant City Manager Brian DeLatte read the following caption: ORDNANCE NO. 2176 AN ORDNANCE AMENDNG AND ADJUSTNG ORDNANCE NO. 2153 PASSED ON THE 19th OF SEPTEMBER 2017, ADOPTNG THE FUND LEVEL BUDGET FOR THE CTY OF PORTLAND FOR THE FSCAL YEAR ENDNG SEPTEMBER 30, 2018, AND MAKNG SUPPLEMENTAL APPROPRATONS AND ADJUSTMENTS FOR SAD FSCAL YEAR; REPEALNG ALL ORDNANCES N CONFLCT HEREWTH, PROVDNG FOR THE PUBLCATON OF THS ORDNANCE; AND AN EFFECTVE DATE 13. ORDNANCE NO. 2177 ADOPTNG 2018-2019 FSCAL YEAR BUDGET: THE CTY COUNCL WLL CONSDER THE SECOND AND FNAL READNG OF ORDNANCE NO. 2177 THAT

ADOPTS THE 2018-2019 FSCAL YEAR BUDGET CTY MANAGER, DRECTOR OF FNANCE AND CONTROLLER Controller Lorenzo Lara explained that Ordinance No. 2177 remains unchanged since the first reading on August 28, 2018. Mayor Pro Tem Green made the motion to approve the second and final reading of Ordinance No. 2177 adopting the FY 2018-2019 budget ending September 30, 2019, seconded by Council Member Yardley. The motion passed with the following vote: For: 6 Mayor Skurow, Mayor Pro Tem Green, Council Member Wilson, Council Member Moore, Council Member Yardley, and Council Member Bethel Against: 0 Absent: 1 Council Member Sutton Abstained: 0 Assistant City Manager Brian DeLatte read the following caption: ORDNANCE NO. 2177 AN ORDNANCE ADOPTNG A FUND LEVEL BUDGET FOR THE ENSUNG FSCAL YEAR BEGNNNG OCTOBER 1, 2018, AND ENDNG SEPTEMBER 30, 2019, N ACCORDANCE WTH THE CHARTER OF THE CTY OF PORTLAND, APPROPRATNG THE VAROUS AMOUNTS THEREOF, AND REPEALNG ALL ORDNANCES OR PARTS OF ORDNANCES N CONFLCT THEREWTH; PROVDNG FOR PUBLC HEARNGS; PROVDNG FOR PUBLCATON OF THS ORDNANCE AND FOR AN EFFECTVE DATE 14. ORDNANCE NO. 2178 ADOPTNG 2018 AD VALOREM TAX RATE: THE CTY COUNCL WLL CONSDER THE SECOND AND FNAL READNG OF ORDNANCE NO. 2178 THAT ADOPTS THE AD VALOREM TAX RATE FOR 2018 CTY MANAGER, DRECTOR OF FNANCE AND CONTROLLER Controller Lorenzo Lara explained that Ordinance No. 2177 remains unchanged since the first reading on August 28, 2018. Ordinance No. 2177 sets the maintenance and operation portion of the tax rate at $0.432526 and the debt service rate at $0.216974 for a total ad valorem tax rate of $0.649500 per $100 valuation for FY 2018-2019 with an estimated 2018 tax levy amount of $8,151,879.

Council Member Wilson made the motion to approve the second and final reading of Ordinance No. 2178 that sets the maintenance and operation portion of the tax rate at $0.432526 and the debt service rate at $0.216974 for a total ad valorem tax rate of $0.649500 per $100 valuation for FY 2018-2019 with an estimated 2018 tax levy amount of $8,151,879, seconded by Council Member Bethel. The motion passed with the following vote: For: 6 Mayor Skurow, Mayor Pro Tem Green, Council Member Wilson, Council Member Moore, Council Member Yardley, and Council Member Bethel Against: 0 Absent: 1 Council Member Sutton Abstained: 0 Assistant City Manager Brian DeLatte read the following caption: ORDNANCE NO. 2178 AN ORDNANCE LEVYNG TAXES FOR THE CTY OF PORTLAND, TEXAS FOR THE TAX YEAR 2018, PROVDNG FOR A DATE OF WHCH SUCH TAXES BECOME DELNQUENT; PROVDNG FOR A LEN ON ALL REAL AND PERSONAL PROPERTY TO SECURE THE PAYMENT OF TAXES DUE THEREON; PROVDNG FOR PENALTY AND NTEREST TO AND EFFECTVE DATE THEREOF; PROVDNG FOR A 20% COLLECTON FEE; PROVDNG FOR PUBLCATON OF THE CAPTON OF THS ORDNANCE; AND PROVDNG FOR AN EFFECTVE DATE 15. RATFCATON OF THE ADOPTON OF THE FSCAL YEAR 2018-2019 BUDGET AND 2018 AD VALOREM TAX RATE: THE CTY COUNCL WLL CONSDER RATFYNG THE FSCAL YEAR 2018-2019 BUDGET PREVOUSLY ADOPTED BY ORDNANCE NO. 2177 AND THE $0.64950 AD VALOREM TAX RATE FOR 2018 PREVOUSLY ADOPTED BY ORDNANCE NO. 2178 DRECTOR OF FNANCE AND CONTROLLER Council Member Yardley made the motion to ratify the Fiscal Year 2018-2019 Budget and Ad Valorem Tax Rate for 2018 previously adopted by Ordinance No. 2177 and the $0.64950 Ad Valorem Tax Rate for 2018 previously adopted by Ordinance No. 2178, seconded by Council Member Moore. The motion passed with the following vote: For: 6 Mayor Skurow, Mayor Pro Tem Green, Council Member Wilson, Council Member Moore, Council Member Yardley, and Council Member Bethel

Against: 0 Absent: 1 Council Member Sutton Abstained: 0 16. REGONAL WASTEWATER TREATMENT FACLTY FEASBLTY STUDY: THE CTY COUNCL WLL CONSDER AUTHORZATON OF A FEASBLTY STUDY FOR THE SAN PATRCO MUNCPAL WATER DSTRCT S PROPOSED REGONAL WASTEWATER TREATMENT FACLTY CTY MANAGER AND ASSSTANT CTY MANAGER Assistant City Manager Brian DeLatte presented the following information: All of the city s wastewater is treated at the wastewater treatment plant. Our plant was built 51 years ago and has improvements that coincide with Texas Commission on Environmental Quality (TCEQ) requirements. TCEQ requires that cities begin planning for expanded wastewater treatment plants when usage reaches 75% of capacity and begin construction of new facilities at 90% capacity. The construction of a regional wastewater facility to treat some or all of the cities wastewater at a single location may provide economies of scale that ultimately reduces the burden on ratepayers. San Patricio Municipal Water District Manager Brian Williams presented the following information: The San Patricio Municipal Water District recently performed a preliminary study to determine the efficiency of regionalization and is recommending the four cities participate in a more detailed study that analyzes the costs and funding alternatives. Portland s share of the study will not exceed $16,450 Alan Plummer and Associates, SPMWD s consultant, will analyze the costs involved in (1) reconstructing the City s wastewater treatment plant into an equalization basin and lift station; (2) constructing and repurposing pipelines for the transmission of the wastewater to SPMWD facilities; and (3) the construction of a new regional wastewater treatment plant. This project assumes that the City would no longer operate treatment facilities and that the SPMWD would build, maintain, and operate a lift station at the wastewater treatment plant or other appropriate location in the City. The City Council and San Patricio Water District General Manager Brian Williams discussed the scope of the study, efficiencies and project timeline. Mayor Pro Tem Green made the motion to authorize the City Manager to execute a Letter of Agreement with the San Patricio Municipal Water District for a regional wastewater treatment facility feasibility study in the not to-exceed amount of $16,450, seconded by Council Member Bethel.

The motion passed with the following vote: For: 6 Mayor Skurow, Mayor Pro Tem Green, Council Member Wilson, Council Member Moore, Council Member Yardley, and Council Member Bethel Against: 0 Absent: 1 Council Member Sutton Abstained: 0 17. RESOLUTON NO. 755 OPPOSNG AN NCREASE N PREMUMS FROM THE TEXAS WNDSTORM NSURANCE ASSOCATON (TWA): THE CTY COUNCL WLL CONSDER A RESOLUTON ASKNG THE COMMSSONER OF NSURANCE TO REJECT A TWA REQUEST TO NCREASE RATES TO TEXAS GULF COAST RESDENTS CTY MANAGER City Manager Randy Wright presented the following information: The Texas Windstorm nsurance Association has proposed a 10% rate increase for counties along the Texas Gulf Coast. The resolution gives the City Council the opportunity to voice their concerns and calls for the Commissioner of nsurance to reject that request. Council Member Wilson made the motion adopt Resolution No. 755 opposing the proposed 10% increase in windstorm rates, seconded by Council Member Yardley. The motion passed with the following vote: For: 5 Mayor Skurow, Mayor Pro Tem Green, Council Member Wilson, Council Member Yardley, and Council Member Bethel Against: 0 Absent: 1 Council Member Sutton Abstained: 1 Council Member Moore 18. EXECUTVE SESSON: THE CTY COUNCL WLL CONDUCT AN EXECUTVE SESSON ACCORDNG TO GOVERNMENT CODE: a. SECTON 551.087 CONCERNNG ECONOMC DEVELOPMENT NEGOTATONS RELATED TO COMMERCAL OR FNANCAL NFORMATON THAT THE GOVERNMENTAL BODY HAS RECEVED FROM A BUSNESS PROSPECT THAT THE GOVERNMENTAL BODY SEEKS TO HAVE LOCATE, STAY, OR EXPAND N OR NEAR THE TERRTORY OF THE GOVERNMENTAL BODY AND WTH WHCH THE GOVERNMENTAL BODY S CONDUCTNG ECONOMC DEVELOPMENT NEGOTATONS b. SECTON 551.072 TO DELBERATE THE PURCHASE, EXCHANGE, LEASE, OR VALUE OF REAL PROPERTY F DELBERATON N AN OPEN MEETNG WOULD HAVE A

DETRMENTAL EFFECT ON THE POSTON OF THE GOVERNMENTAL BODY N NEGOTATONS WTH A THRD PERSON. c. SECTON 551.074 TO DELBERATE THE APPONTMENT, EMPLOYMENT, EVALUATON, REASSGNMENT, DUTES, DSCPLNE OR DSMSSAL OF A PUBLC OFFCER OR EMPLOYEE At 8:25 p.m. Mayor Skurow announced that the City Council will conduct an Executive Session. Mayor Skurow reconvened the regular meeting at 9:37 p.m. and announced that no action will be taken. C. ADJOURNMENT: MAYOR SKUROW Mayor Skurow adjourned the meeting at 9:37 p.m. NOTCE OF ASSSTANCE f you plan to attend this public meeting and you have a disability that requires special arrangements to be made, please contact City Secretary Annette Hall (361) 777-4513 or annette.hall@portlandtx.com in advance of the meeting. Reasonable accommodations will be made to facilitate your participation. The City Hall is wheelchair accessible and specially marked parking spaces are located in front of its entrance. Special seating will be provided in the Council Chamber during the meeting. Approved: Cathy Skurow, Mayor BRALLE S NOT AVALABLE Attest: City Secretary

CTY COUNCL ACTON TEM AGENDA TTLE ORDNANCE NO. 2179 ABANDONMENT AND SALE OF SURPLUS RGHT-OF-WAY : THE CTY COUNCL WLL CONSDER THE FRST READNG OF ORDNANCE NO. 2179 THAT ABANDONS AND AUTHORZES THE CTY MANAGER TO SELL APPROXMATELY 0.103 ACRES OF SURPLUS ALLEY OUT OF BLOCK 5, TER B, CTY OF PORTLAND, BETWEEN ELM STREET AND MARKET STREET MEETNG DATE 9/18/2018 DEPARTMENT SUBMTTED BY Administration Brian DeLatte, P.E., Assistant City Manager EXECUTVE SUMMARY The City Council has conducted public hearings on the sale of surplus alley in Block 5, Tier B between Elm and Market Streets at the request of Eugene White and Michael and Melissa Alexander. All adjacent property owners have elected their right of first refusal to purchase their adjacent halves of the alley. Ordinance No. 2179 authorizes the City Manager to sell the alley to the six property owners for $28,079.44 ($6.25/SF). PROR ACTONS OR REVEWS February 20, 2018 The City Council conducted a Public Hearing to solicit comments from citizens and other interested parties concerning the appropriateness of the request by Eugene White to purchase approximately 2,999 square feet of surplus dedicated alley adjacent to his property at 200 Elm (Lots 13-20, Block 5, Tier B, City of Portland). July 3, 2018 The City Council conducted a Public Hearing to solicit comments from citizens and other interested parties concerning the appropriateness of the request by Michael and Melissa Alexander to purchase approximately 750 square feet of surplus dedicated alley adjacent to their property at 203 Market (Lots 20A and 20B, Block 5, Tier B, City of Portland). DETALS / STAFF ANALYSS Code of Ordinances Chapter 19 Article V establishes the procedure that the City must follow in abandoning and selling surplus rights-of-way: (1) Adjacent property owners have right of first refusal on the purchase of surplus rightof-way. Surplus right-of-way cannot be sold to anyone else without their written release. Page 1 of 2

(2) The surplus right-of-way cannot be sold for less than appraised value as determined by the San Patricio County Appraisal District (SPCAD). (3) The purchaser is responsible for all closing costs associated with the sale of the surplus right-of-way. (4) The City Council must conduct a public hearing prior to consideration of the request. ALTERNATVES CONSDERED None. FNANCAL MPACT None. ATTACHMENTS Ordinance No. 2179 with Exhibits RECOMMENDED ACTONS Adopt a motion to approve the first reading of Ordinance No. 2179 that abandons and authorizes the City Manager to sell approximately 0.103 acres of surplus alley out of Block 5, Tier B, City of Portland, between Elm Street and Market Street Page 2 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ORDNANCE NO. 2179 AN ORDNANCE ABANDONNG AND AUTHORZNG THE CTY MANAGER TO SELL APPROXMATELY 0.103 ACRES OF SURPLUS ALLEY OUT OF BLOCK 5, TER B, CTY OF PORTLAND, BETWEEN ELM STREET AND MARKET STREET; AND PROVDNG AND ESTABLSHNG AN EFFECTVE DATE WHEREAS Chapter 253 of the Texas Local Government Code authorizes cities to sell surplus property dedicated as a street, alley, or public way; and WHEREAS City of Portland Code of Ordinances Chapter 19 Article V sets forth the procedure for the City of Portland to sell property which is dedicated as a street, alley, or public way; and, WHEREAS the City Council conducted a Public Hearing on February 20, 2018, to solicit comments from citizens and other interested parties concerning the appropriateness of the request by Eugene White to purchase approximately 2,999 square feet of surplus dedicated alley adjacent to his property at 200 Elm (Lots 13-20, Block 5, Tier B, City of Portland); and, WHEREAS the City Council conducted a Public Hearing on July 3, 2018, to solicit comments from citizens and other interested parties concerning the appropriateness of the request by Michael and Melissa Alexander to purchase approximately 750 square feet of surplus dedicated alley adjacent to their property at 203 Market (Lots 20A and 20B, Block 5, Tier B, City of Portland); and, WHEREAS the adjacent property owners Xang Van, Mary Ann Marshel, Bill Broadus, et ux., and Dana Hudson have elected their right of first refusal to purchase surplus dedicated alley adjacent to their properties; and, WHEREAS no formal written protest was filed by adjacent property owners and a majority vote is required to approve both readings of this ordinance. NOW THEREFORE BE T ORDANED BY THE CTY COUNCL OF THE CTY OF PORTLAND, TEXAS: SECTON 1: Approximately 0.103 acres of surplus alley out of Block 5, Tier B, City of Portland, between Elm Street and Market Street as depicted in Exhibits A through F is hereby declared surplus. SECTON 2: The City Manager is authorized to sell approximately 0.034 acres of surplus alley right-of-way as depicted in Exhibit A to Eugene White with the following conditions:

44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 a. The buyer shall pay the City of Portland $9,372.63 b. The buyer shall pay all costs associated with the closing, including legal fees c. The deed for the purchase shall contain language stating that the buyer agrees to hold the City harmless for damages created by the sale of the property d. The deed for purchase shall state that the property must be platted before any development of the property can commence. All City of Portland platting regulations shall apply and the buyer shall pay all platting costs. e. The sale does not include mineral rights. SECTON 3: The City Manager is authorized to sell approximately 0.017 acres of surplus alley right-of-way as depicted in Exhibit B to Xang Van with the following conditions: a. The buyer shall pay the City of Portland $4,688.31 b. The buyer shall pay all costs associated with the closing, including legal fees c. The deed for the purchase shall contain language stating that the buyer agrees to hold the City harmless for damages created by the sale of the property d. The deed for purchase shall state that the property must be platted before any development of the property can commence. All City of Portland platting regulations shall apply and the buyer shall pay all platting costs. e. The sale does not include mineral rights. SECTON 4: The City Manager is authorized to sell approximately 0.008 acres of surplus alley right-of-way as depicted in Exhibit C to Mary Ann Marshel with the following conditions: a. The buyer shall pay the City of Portland $2,344.25 b. The buyer shall pay all costs associated with the closing, including legal fees c. The deed for the purchase shall contain language stating that the buyer agrees to hold the City harmless for damages created by the sale of the property d. The deed for purchase shall state that the property must be platted before any development of the property can commence. All City of Portland platting regulations shall apply and the buyer shall pay all platting costs. e. The sale does not include mineral rights.

88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 SECTON 5: The City Manager is authorized to sell approximately 0.008 acres of surplus alley right-of-way as depicted in Exhibit D to Bill Broadus, et ux., with the following conditions: a. The buyer shall pay the City of Portland $2,340.19 b. The buyer shall pay all costs associated with the closing, including legal fees c. The deed for the purchase shall contain language stating that the buyer agrees to hold the City harmless for damages created by the sale of the property d. The deed for purchase shall state that the property must be platted before any development of the property can commence. All City of Portland platting regulations shall apply and the buyer shall pay all platting costs. e. The sale does not include mineral rights. SECTON 6: The City Manager is authorized to sell approximately 0.017 acres of surplus alley right-of-way as depicted in Exhibit E to Michael Alexander, et ux. with the following conditions: a. The buyer shall pay the City of Portland $4,686.81 b. The buyer shall pay all costs associated with the closing, including legal fees c. The deed for the purchase shall contain language stating that the buyer agrees to hold the City harmless for damages created by the sale of the property d. The deed for purchase shall state that the property must be platted before any development of the property can commence. All City of Portland platting regulations shall apply and the buyer shall pay all platting costs. e. The sale does not include mineral rights. SECTON 7: The City Manager is authorized to sell approximately 0.017 acres of surplus alley right-of-way as depicted in Exhibit F to Dana Hudson with the following conditions: a. The buyer shall pay the City of Portland $4,647.25 b. The buyer shall pay all costs associated with the closing, including legal fees

130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 c. The deed for the purchase shall contain language stating that the buyer agrees to hold the City harmless for damages created by the sale of the property d. The deed for purchase shall state that the property must be platted before any development of the property can commence. All City of Portland platting regulations shall apply and the buyer shall pay all platting costs. e. The sale does not include mineral rights. SECTON 8: This Ordinance shall be published after second reading hereof by publishing the caption thereof in the official newspaper with a statement the public may view the Ordinance in the Office of the City Secretary. This Ordinance shall be effective from and after the publication provided herein. PASSED and APPROVED on second reading this day of 2018. CTY OF PORTLAND Cathy Skurow Mayor ATTEST: Annette Hall City Secretary

Bill Broadus, et ux Lot 6 Lot 5 Registered Prof. Land Surveyor Texas Registration No. 5639 EXHBT A M. J. McLean Survey Abstract - 203 Xang Van, et ux Lot 12 Lot 11 Lot 10 ( Block 5 - Tier B ) Portland Townsite Volume 1, Page 5-A M.R. S.P.C., Tx. Lot 9 Lot 8 Mary Marshall Lot 7 :c, L. (/) o- - ') ON E o w "b 0 0 P.0.B. Lot 13 Lot 14 Lot 15 PLAT SHOWNG SURVEY OF A 0.034 ACRE TRACT (1499.62 SQ. FEET) BENG A PORTON OF A 15' ALLEY OUT OF BLOCK 5, TER B OF THE PORTLAND TOWNSTE VOLUME 1, PAGE 5-A, MAP RECORDS SAN PATRCO COUNTY, TEXAS SCALE 1" = 40 FEET N89"55'28 E 199.94' 0.034 Acres @100.03' (1499.62 Sq. Ft.) S89'55'28-W 1199.92' Lot 16 @ - ndicates a 5/8" iron rod found, unless otherwise denoted. 0 - ndicates a 5/8" iron rod with surveyor's cap stamped "RPLS 5639" set. Lot 17 Eugene White, et ux Clerk's File No. 623039 O.P.R. S.P.C., Tx. l Lot 18 - @150.03' Lot 19 Lot 20 ci 0 q"' 0, "' (J Dana Hudson Lot 4 (15' Alley) i q Lot 20A 0.164 Acres Michael Alexander, et ux Clerk's File No. 676514 O.P.R. S.P.C., Tx., Gregory A. Hauger, Registered Professional Land Surveyor of Texas, do hereby state that the above plat represents an actual survey made on the ground, under my direction, and to the best of my knowledge and ability, this the 30th day of April, 2018. Bearings are GRD, Texas Coordinate System of 1927, South Zone. The FEMA Flood Maps show that the property described here is located in Flood Zone X. Community Panel No. 48409C0580E. Date: November 4, 2016. There may be existing pipelines not shown on map. Use the Texas One Call System to locate pipelines before performing any excavations. King & Petrus, nc. Firm No. 10127600 P. 0. Box 606 Sinton, Texas 78387 Phone 361-364-2622 Fax 361-364-2641 C:\ZKP\24800\24834B White - Alley Tract Revised

STATE OF TEXAS COUNTY OF SAN PATRCO 0.034 ACRES Field notes of a 0.034 acre (1499.62 Sq. Ft.) tract of land, being a portion of a 15' Alley; Said 0.034 acre tract being out of Block 5 of Tier B of the Portland Townsite recorded in Volume 1, Page 5-A of the Map Records of San Patricio County, Texas; Said 0.034 acre is comprised of a portion of the M. J. McLean Survey, Abstract 203, is situated in San Patricio County, Texas; within the city-limits of the City of Portland, and is described by metes and bounds as follows: Beginning at a 5/8" iron rod found in the east right-of-way line of Elm Street, at the northwest comer of a tract of land conveyed to Eugene White, et ux, by Release of Lien recorded in Clerk's File No. 623039 of the Official Public Records of San Patricio County, Texas; the northwest comer of Lot 13 of said Block 5, and the southwest comer of said 15' Alley, for the southwest comer of this tract; Thence N 00 02' 35" E along the east right-of-way line of said Elm Street, the west line of said 15' Alley, and the west line of this tract, a distance of 7.50 feet to a 5/8" iron rod with surveyor's cap stamped "RPLS 5639" set at the northwest comer of this tract; Thence N 89 55' 28" E along the centerline of said 15' Alley and the north line of this tract, at 100.03 feet passing a 5/8" iron rod with surveyor's cap stamped "RPLS 5639" set for a line marker, at 150.03 feet passing a 5/8" iron rod with surveyor's cap stamped "RPLS 5639" set for a line marker, in all a distance of 199.94 feet to a 5/8" iron rod with surveyor's cap stamped "RPLS 5639" set for the northeast comer of this tract; Thence S 00 07' 40" E along the east line of this tract, a distance of 7.50 feet to a 5/8" iron rod found in the south line of said 15' Alley, at the northwest comer of Lot 20A of Tier B, Block 5 of the Portland Townsite as shown on Map recorded in Clerk's File No. 589418 of the Official Public Records of San Patricio County, Texas; the northwest comer of a 0.164 tract of land conveyed to Michael Alexander, et ux, by General Warranty Deed recorded in Clerk's File No. 676514 of the Official Public Records of San Patricio County, Texas; the northeast comer of Lot 20 of said Block 5, and the northeast comer of said White Tract, for the southeast comer of this tract; Thence S 89 55' 28" W along the north lines of Lots 20, 19, 18, 17, 16, 15, 14, & 13 of said Block 5, the north line of said White Tract, the south line of said 15' Alley, and the south line of this tract, a distance of 199.92 feet to the point of beginning, containing 0.034 acres (1499.62 Sq. Ft.) of land, more or less, subject to all easements of record. Bearings are GRD, Texas Coordinate System of 1927, South Zone., Gregory A. Hauger, Registered Professional Land Surveyor of Texas, do hereby state that this description represents an actual survey made on the ground this the 30th day of April, 2018. ZKP: 24834B Legal - Alley Tract - Revised A Survey Plat was prepared in conjunction with this Legal Description. d Y Registered Professional Land Surveyor Texas Registration No. 5639

0 CX)..., Q) Q),...., ( Lots 9, 10, 11 & 12) Block 5 - Tier B Portland Townsite Volume 1, Page 5-A M.R. S.P.C., Tx. Lot 11 Lot 10 Xang Von, et ux Clerk's File No. 572860 O.P.R. S.P.C., Tx. Lot 12 P.0.8. 5/8" RF g. 0---------------------------------------------... ------- -- - 0 0 O Lot 9 Nas ss 2a E 100.00 0 0 0.017 Acres.... '"' 0 U CO (750.13 Sq. Ft.) 0 - b 0 " l>---------------------,---------0 sas ss 2a-w EXHBT B 100.00' - ul 0 Lot 8 E w Lot 13 Lot 14 Lot 15 Eugene White, et ux Clerk's File No. 623039 O.P.R. S.P.C., Tx. Lot 16 Lot 17 PLAT SHOWNG SURVEY OF A 0.017 ACRE TRACT (750.13 SQ. FEET) BENG A PORTON OF A 15' ALLEY OUT OF BLOCK 5, TER B OF THE PORTLAND TO STE VOLUME 1, PAGE 5-A, MAP RECORDS SAN PATRCO COUNTY, TEXAS SCALE l" = 20 FEET @ - ndicates a 5/8" iron rod found, unless otherwise denoted. 0 - ndicates a 5/8" iron rod with surveyor's cap stamped "RPLS 5639" set. Bearings are GRD, Texas Coordinate System of 1927, South Zone. The FEMA Flood Maps show that the property described here is located in Flood Zone X. Community Panel No. 48409C0580E. Date: November 4, 2016. There may be existing pipelines not shown on map. Use the Texas One Call System to locate pipelines before performing any excavations., Gregory A. Hauger, Registered Professional Land Surveyor of Texas, do hereby state that the above plat truly and correctly represents an actual survey made on the ground, under my direction, and to the best of my knowledge and ability, this the 4th day of September, 2018. King & Petrus, nc. Firm No. 10127600 P. 0. Box 606 Sinton, Texas 78387 Phone 361-364-2622 Fax 361-364-2641 M:\gah\25200\25272\Van - Alley Tract Reg;sr.::t, Texas Registration No. 5639

STATE OF TEXAS COUNTY OF SAN PATRCO 0.017 ACRES Field notes of a 0.017 acre (750.13 Sq. Ft.) tract of land, being,a portion of a 15' Alley; Said 0.017 acre tract being out of Block 5 of Tier B of the Portland Townsite recorded in Volume 1, Page 5-A of the Map Records of San Patricio County, Texas; Said 0.017 acre is comprised of a portion of the M. J. McLean Survey, Abstract 203, is situated in San Patricio County, Texas; within the city-limits of the City of Portland, and is described by metes and bounds as follows: Beginning at a 5/8" iron rod found in the east line of Elm Street (80' ROW) at the southwest comer of Lot 12, said Block 5, at the northwest comer of said 15' Alley, and at the southwest comer of that tract of land conveyed from Ernesto A. Moreno, et ux, to Xang Van, et ux, by Warranty Deed with Vendor's Lien recorded as Clerk's File No. 572860 in the Official Public Records of San Patricio ounty, Texas; for the northwest comer of this tract; Thence N 89 55' 28" E along the south line of said Van tract, the north line of said 15' Alley, the south line of said Lot 12 and the south line of Lots 11, 10 and 9, said Block 5, a distance of 100.00 feet to a 5/8" iron rod found at the southeast comer of said Lot 9, the southwest comer of Lot 8, said Block 5, and the southeast comer of said Van tract, for the northeast comer of this tract; Thence S 00 09' 30" E along the east line of this tract, a distance of 7.50 feet to a 5/8" iron rod with surveyor's cap stamped "RPLS 5639" set in the centerline of said 15' Alley, for the southeast comer of this tract; Thence S 89 55' 28" W along the centerline of said 15' Alley and the south line of this tract, a distance of 100.00 feet to a 5/8" iron rod with surveyor's cap stamped "RPLS 5639" set in the centerline of said 15' Alley at its west end and in the east line of said Elm Street, for the southwest comer of this tract; Thence N 00 10' 00" W along the west line of said 15' Alley, the east line of said Elm Street and the west line of this tract, a distance of 7.50 feet to the point of beginning, containing 0.017 acres (750.13 Sq. Ft.) of land, more or less, subject to all easements of record. Bearings are GRD, Texas Coordinate System of 1927, South Zone., Gregory A. Hauger, Registered Professional Land Surveyor of Texa, do hereby state that this description truly and correctly represents an act al survey made on the ground this the 4th day of September, 2018. M:\gah\25200\25272\Van -Alley Tract A Survey Plat was prepared in conjunction with this Legal Description. Regidess rveyor Texas Registration No. 5639

EXHBT C Lot 10 Lot 9 Lots 7 & 8 Block 5 - Tier B Portland Townsite ) olume 1, Page 5-A ' M.R. S.P.C., Tx. Lot 8 Lot 7 Mary Ann Marshel Clerk's File No. 461502 R.P.R. S.P.C., Tx. P.0.8. 5/8" z RF N89"55'28 E 50.00' 00 0.008 Acres :-.i d q t.i ( 375.08 Sq. Ft.) S89"55'28"W 50.00' O CO 0... q. 0 O CO 0. ul Lot 6 Lot 5 0 0 Lot 17 Lot 18 Lot 15 Lot 16 Eugene White, et ux Clerk's File No. 623039 O.P.R. S.P.C., Tx. Lot 19 Lot 20 PLAT SHOWNG SURVEY OF A 0.008 ACRE TRACT (375.08 SQ. FEET) BENG A PORTON OF A 15' ALLEY OUT OF BLOCK 5, TER B OF THE PORTLAND TOWWSTE VOLUME 1, PAGE 5-A, MAP RECORDS SAN PATRCO COUNTY, TEXAS SCALE 1" = 20 FEET @ - ndicates a 5/8" iron rod found, unless otherwise denoted. 0 - ndicates a 5/8" iron rod with surveyor's cap stamped "RPLS 5639" set. Bearings are GRD, Texas Coordinate System of 1927, South Zone. The FEMA Flood Maps show that the property described here is located in Flood Zone X. Community Panel No. 48409C0580E. Date: November 4, 2016. There may be existing pipelines not shown on map. Use the Texas One Call System to locate pipelines before performing any excavations., Gregory A. Hauger, Registered Professional Land Surveyor of Texas, do hereby state that the above plat truly and correctly represents an actual survey made on the ground, under my direction, and to the best of my knowledge and ability, this the 4th day of September, 2018. King & Petrus, nc. Firm No. 10127600 P. 0. Box 606 Sinton, Texas 78387 Phone 361-364-2622 Fax 361-364-2641 M:\gah\25200\25272\Marshel - Alley Tract Registered Prof. Land Surveyor Texas Registration No. 5639

STATE OF TEXAS COUNTY OF SAN PATRCO 0.008 ACRES Field notes of a 0.008 acre (375.08 Sq. Ft.) tract of land, being a portion of a 15' Alley; Said 0.008 acre tract being out of Block 5 of Tier B of the Portland Townsite recorded in Volume 1, Page 5-A of the Map Records of San Patricio County, Texas; Said 0.008 acre is comprised of a portion of the M. J. McLean Survey, Abstract 203, is situated in San Patricio County, Texas; within the city-limits of the City of Portland, and is described by metes and bounds as follows: Beginning at a 5/8" iron rod found at the southwest comer of Lot 8 and the southeast comer of Lot 9, said Block 5, and at the southwest comer of that tract ofland conveyed from B. Linn and Betty Self to Mary Ann Marshel by Warranty Deed with Vendor's Lien recorded as Clerk's File No. 461502 in the Real Property Records of San Patricio County, Texas; for the northwest comer of this tract; Thence N 89 55' 28" E along the north line of said 15' Alley, the south line of said Marsh el tract, the south line of said Lot 8 and Lot 7, said Block 5, and the north line of this tract, a distance of 50.00 feet to a point at the southeast comer of said Marshel tract, the southeast comer of said Lot 7 and the southwest comer of Lot 6, said Block 5, for the northeast comer of this tract; Thence S 00 09' 30" E along the east line of this tract, a distance of 7.50 feet to a 5/8" iron rod with surveyor's cap stamped "RPLS 5639" set in the centerline of said 15' Alley for the southeast comer of this tract Thence S 89 55' 28" W along the centerline of said 15' Alley and the south line of this tract, a distance of 50.00 feet to a 5/8" iron rod with surveyor's cap stamped "RPLS 5639" set in the centerline of said 15' Alley, for the southwest comer of this trac; Thence N 00 09' 30" W along the west line of this tract, a distance of 7.50 feet to the point of beginning, containing 0.008 acres (375.08 Sq. Ft.) of land, more or less, subject to all easements of record. Bearings are GRD, Texas Coordinate System of 1927, South Zone., Gregory A. Hauger, Registered Professional Land Surveyor of Texas, do hereby state that this description truly and correctly represents an actual survey made on the ground this the 4th day of September, 2018. M:\gah\25200\25272\Marshel - Alley Tract A Survey Plat was prepared in conjunction with this Legal Description. AJ0r- Reg1stered Professional Land Surveyor Texas Registration No. 5639

Lot 8 Lot 7 EXHBT D Lots 5 & 6 Block 5 - Tier B ' Portland Townsite ) olume 1, Page 5-A M.R. S.P.C., Tx. Lot 6 Lot 5 Bill Broadus, et ux Clerk's File No. 496382 R.P.R. S.P.C., Tx. P.0.8. 5/8" RF S Ns9 55 2s E 49.92' "RPLS 5639" 1/) o Lot 4 Lot 3 o.. :-..i d 0.008 Acres :-..i (374.43 Sq. Ft.) 00--------,,...,,----,------<i ss9 55 2s"W 49.91' 0 Lot 17 Lot 18 Lot 19 Lot 20 Eugene White, et ux Clerk's File No. 623039 O.P.R. S.P.C., Tx. Lot 20A Tier B - Block 5 Portland Townsite Clerk's File No. 589418 O.P.R. S.P.C., Tx. PLAT SHOWNG SURVEY OF A 0.008 ACRE TRACT (374.43 SQ. FEET) BENG A PORTON OF A 15' ALLEY OUT OF BLOCK 5, TER B OF THE PORTLAND TOWNSTE VOLUME 1, PAGE 5-A, MAP RECORDS SAN PATRCO COUNTY, TEXAS SCALE 1" = 20 FEET @ - ndicates a 5/8" iron rod found, unless otherwise denoted. O - ndicates a 5/8" iron rod with surveyor's cap stamped "RPLS 5639" set. Bearings are GRD, Texas Coordinate System of 1927, South Zone. The FEMA Flood Maps show that the property described here is located in Flood Zone X. Community Panel No. 48409C0580E. Date: November 4, 2016. There may be existing pipelines not shown on map. Use the Texas One Call System to locate pipelines before performing any excavations., Gregory A. Hauger, Registered Professional Land Surveyor of Texas, do hereby state that the above plat truly and correctly represents an actual survey made on the ground, under my direction, and to the best of my knowledge and ability, this the 4th day of September, 2018. King & Petrus, nc. Firm No. 10127600 P. 0. Box 606 Sinton, Texas 78387 Phone 361-364-2622 Fax 361-364-2641 M:\gah\25200\25272\Broadus - Alley Tract Registered Prof. Land Surveyor Texas Registration No. 5639

STATE OF TEXAS COUNTY OF SAN PATRCO 0.008 ACRES Field notes of a 0.008 acre (374.43 Sq. Ft.) tract of land, being a portion of a 15' Alley; Said 0.008 acre tract being out of Block 5 of Tier B of the Portland Townsite recorded in Volume 1, Page 5-A of the Map Records of San Patricio County, Texas; Said 0.008 acre is comprised of a portion of the M. J. McLean Survey, Abstract 203, is situated in San Patricio County, Texas; within the city-limits of the City of Portland, and is described by metes and bounds as follows: Beginning at a 5/8" iron rod with surveyor's cap stamped "RPLS 5639" found at the southwest comer of Lot 4 and the southeast comer of Lot 5, said Block 5, at the southeast comer of that tract of land conveyed from Barbara C. Newman to Bill J. and Dolly. Broadus by Special Warranty Deed recorded as Clerk's File No. 496382 in the Real Property Records of San Patricio County, Texas; and in the north line of said 15' Alley, for the northeast comer of this tract; Thence S 00 04' 37" E along the east line of this tract, a distance of 7.50 feet to a 5/8" iron rod with surveyor's cap stamped "RPLS 5639" set in the centerline of said 15' Alley for the southeast comer of this tract; Thence S 89 55' 28" W along the centerline of said 15' Alley and the south line of this tract, a distance of 49.91 feet to a 5/8" iron rod with surveyor's cap stamped "RPLS 5639" set in the centerline of said 15' Alley, for the southwest comer of this tract; Thence N 00 09' 30" W along the west line of this tract, a distance of7.50 feet to a point in the north line of said 15' Alley at the southwest comer of said Broadus tract, and at the southwest comer of Lot 6 and the southeast comer of Lot 7, said Block 5, for the northwest comer of this tract; Thence N 89 55' 28" E along the south line of said Broadus tract, the north line of said 15' Alley, the south line of said Lots 6 and 5, and the north line of this tract, a distance of 49.92 feet to the point of beginning, containing 0.008 acres (374.43 Sq. Ft.) of land, more or less, subject to all easements of record. Bearings are GRD, Texas Coordinate System of 1927, South Zone., Gregory A. Hauger, Registered Professional Land Surveyor of Texas, do hereby state that this description truly and correctly represents an actual survey made on the ground this the 4th day of September, 2018. M:\gah\25200\25272\Broadus - Alley Tract A Survey Plat was prepared in conjunction with this Legal Description. /11 Registered Professional Land Surveyor Texas Registration No. 5639

Bill Broadus, et ux Lot 6 Lot 5 Lot 4 EXHBT E Dana Hudson Lot 3 Lot 2 ( i 1 b ;\: ) i a,;'d Volume 1, Page 5-A M.R. S.P.C., Tx. M. J. McLean Survey Abstract - 203 Lot 1 0 0 (15' Alley) z 0- o-----------na_ _ s_s_ 2_ a_ E 99_._a_6' -..._,q o 0.017 Acres d l :-J 01..., q o s a9 55 2a "W 100.o s P.o.B. l'f {749.89 Sq. Ft.) @------------------------------@oj_. cil CX> 0 Eugene White, et ux Clerk's File No. 623039 O.P.R. S.P.C., Tx. Lot 19 Lot 20 Lot 20A 0.164 Acres Michael Alexander, et ux Clerk's File No. 676514 O.P.R. S.P.C., Tx. Lot 20A & 208 Tier B - Block 5 Portland Townsite Clerk's File No. 589418 O.P.R. S.P.C., Tx. PLAT SHOWNG SURVEY OF A 0.017 ACRE TRACT (749.89 SQ. FEET) BENG A PORTON OF A 15' ALLEY OUT OF BLOCK 5, TER B OF THE PORTLAND TOWNSTE VOLUME 1, PAGE 5-A, MAP RECORDS SAN PATRCO COUNTY, TEXAS SCALE l" = 40 FEET @ - ndicates a 5/8" iron rod found, unless otherwise denoted. 0 - ndicates a 5/8" iron rod with surveyor's cap stamped "RPLS 5639" set. Bearings are GRD, Texas Coordinate System of 1927, South Zone. The FEMA Flood Maps show that the property described here is located in Flood Zone X. Community Panel No. 48409C0580E. Date: November 4, 2016. There may be existing pipelines not shown on map. Use the Texas One Call System to locate pipelines before performing any excavations., Gregory A. Hauger, Registered Professional Land Surveyor of Texas, do hereby state that the above plat represents an actual survey made on the grou.nd, under my direction, and to the best of my knowledge and ability, this the 30th day of April, 2018. King & Petrus, nc. Firm No. 10127600 P. 0. Box 606 Sinton, Texas 78387 Phone 361-364-2622 Fax 361-364-2641 C:\ZKP\25000\25065 Alexander - Alley Tract Reg;slS!2. itsurveyor Texas Registration No. 5639

STATE OF TEXAS COUNTY OF SAN PATRCO 0.017 ACRES Field notes of a 0.017 acre (749.89 Sq. Ft.) tract of land, being a portion of a 15' Alley; Said 0.017 acre tract being out of Block 5 of Tier B of the Portland Townsite recorded in Volume 1, Page 5-A of the Map Records of San Patricio County, Texas; Said 0.017 acre is comprised of a portion of the M. J. McLean Survey, Abstract 203, is situated in San Patricio County, Texas; within the city-limits of the City of Portland, and is described by metes and bounds as follows: Beginning at a 5/8" iron rod found in the west right-of-way line of Market Street (80' ROW), at the northeast comer of a 0.164 tract of land conveyed to Michael Alexander, et ux, by General Warranty Deed recorded in Clerk's File No. 676514 of the Official Public Records of San Patricio County, Texas; the northeast comer of Lot 20A of Tier B, Block 5 of the Portland Townsite as shown on Map recorded in Clerk's File No. 589418 of the Official Public Records of San Patricio County, Texas; and the southeast comer of said 15' Alley, for the southeast comer of this tract; Thence S 89 55' 28" W along the north line of said Lot 20A, the north line of said 0.164 acre tract, the south line of said 15' Alley, and the south line of this tract, a distance of 100.05 feet to a 5/8" iron rod found at the northeast comer of a tract of land conveyed to Eugene White, et ux, by Release of Lien recorded in Clerk's File No. 623039 of the Official Public Records of San Patricio County, Texas; the northeast comer of Lot 20 of said Tier B, the northwest comer of said Lot 20A, and the northwest comer of said 0.164 acre tract, for the southwest comer of this tract; Thence N 00 07' 40" E along the west line of this tract, a distance of 7.50 feet to a 5/8" iron rod with surveyor's cap stamped "RPLS 5639" set in the centerline of said 15' Alley, for the northwest comer of this tract; whence a 5/8" iron rod with surveyor's cap stamped "RPLS 5639" found in the north right-of-way line of said 15' Alley, at the southeast comer of said Lot 5, and the southwest comer of Lot 4 of said Block 5 bears N 00 07' 40" W, a distance of 7.50 feet; Thence N 89 5 5' 28" E along the centerline of said 15' Alley and the north line of this tract, a distance of 99.86 feet to a 5/8" iron rod with surveyor's cap stamped "RPLS 5639" set in the west right-of-way line of said Market Street, for the northeast comer of this tract; whence a 5/8" iron rod found in the north right-of-way line of said 15' Alley, at the southeast comer of Lot 1 of said Block 5 bears N O 1 05' 51" W, a distance of 7.50 feet; Thence S 01 05' 51" E along the west line of said Market Street and the east line of this tract, a distance of 7.50 feet to the point of beginning, containing 0.017 acres (749.89 Sq. Ft.) of land, more or less, subject to all easements of record. Bearings are GRD, Texas Coordinate System of 1927, South Zone., Gregory A. Hauger, Registered Professional Land Surveyor of Texas, do hereby state that this description represents an actual survey made on the ground this the 30th day of April, 2018. ZKP: 25065 Legal - Alley Tract A Survey Plat was prepared in conjunction with this Legal Description. RegistL d-surveyor Texas Registration No. 5639

Bill Broadus, et ux Lot 6 Lot 5 -- ------ 0 5/8" RF "RPLS 5639"... q "''i-. 0 (11 0 -.(, Lot 4 E XHBT F Lots 1,2,3 & 4 Block 5 - Tier B ( Portland Townsite ) olume 1, Page 5-A M.R. S.P.C., Tx. Lot 3 Lot 2 Dana Hudson Clerk's File No. 664434 0.P.R. S.P.C., Tx. Ns9 ss 48.E 99.66' 0.017 Acres (743.56 Sq. Ft.) ss9 ss 2s"W 99.86' ( 15' Alley) Lot 1...... P.0.8. (/) 0 'i- t..._ 0 0 - CD,+ C/),+ -,.!Tl Eugene White, et ux Clerk's File No. 623039 0.P.R. S.P.C., Tx. 0 Lot 20A 0.164 Acres Michael Alexander, et ux Clerk's File No. 6716514 0.P.R. S.P.C., Tx. M. J. McLean Survey Abstract - 203 0 CX> 0 Lot 19 Lot 20 Lot 20A & 20B Tier B - Block 5 Portland Townsite Clerk's File No. 589418 O.P.R. S.P.C., Tx. PLAT SHOWNG SURVEY OF A 0.017 ACRE TRACT (743.56 SQ. FEET) BENG A PORTON OF A 15' ALLEY OUT OF BLOCK 5, TER B OF THE PORTLAND TOWNSTE VOLUME 1, PAGE 5-A, MAP RECORDS SAN PATRCO COUNTY, TEXAS SCALE l" = 20 FEET @ - ndicates a 5/8" iron rod found, unless otherwise denoted. O - ndicates a 5/8" iron rod with surveyor's cap stamped "RPLS 5639" set. Bearings are GRD, Texas Coordinate System of 1927, South Zone. The FEMA Flood Maps show that the property described here is located in Flood Zone X. Community Panel No. 48409C0580E. Date: November 4, 2016. There may be existing pipelines not shown on map. Use the Texas One Call System to locate pipelines before performing any excavations., Gregory A. Hauger, Registered Professional Land Surveyor of Texas, do hereby state that the above plat truly and correctly represents an actual survey made on the ground, under my direction, and to the best of my knowledge and ability, this the 4th day of September, 2018. King & Petrus, nc. Firm No. 10127600 P. 0. Box 606 Sinton, Texas 78387 Phone 361-364-2622 Fax 361-364-2641 M:\gah\25200\25272\Hudson - Alley Tract Re d Surveyor Texas Registration No. 5639

STATE OF TEXAS COUNTY OF SAN PATRCO 0.017 ACRES Field notes of a 0.017 acre (743.56 Sq. Ft.) tract of land, being a portion of a 15' Alley; Said 0.017 acre tract being out of Block 5 of Tier B of the Port}and Townsite recorded in Volume 1, Page 5-A of the Map Records of San Patricio County, Texas; Said 0.017 acre is comprised of a portion of the M. J. McLean Survey, Abstract 203, is situated in San Patricio County, Texas; within the city-limits of the City of Portland, and is described by metes and bounds as follows: Beginning at a 5/8" iron rod found in the west right-of-way line of Market Street (80' ROW), at the southeast corner of a tract of land conveyed to Dana Hudson by Special Warranty Deed recorded in Clerk's File No. 664434 of the Official Public Records of San Patricio County, Texas; at the southeast corner of Lot 1, said Block 5, and at the northeast corner of said 15' Alley, for the northeast corner of this tract; Thence S 01 37' 00" E along the east line of said 15' Alley, the west line of said Market Street and the east line of this tract, a distance of 7.41 feet to a 5/8" iron rod with surveyor's cap stamped "RPLS 5639" set in the centerline of said 15' Alley for the southeast corner of this tract Thence S 89 55' 28" W along the centerline of said 15' Alley and the south line of this tract, a distance of 99.86 feet to a 5/8" iron rod with surveyor's cap stamped "RPLS 5639" set in the centerline of said 15' Alley, for the southwest corner of this trac; Thence N 00 04' 37" W along the west line of this tract, a distance of 7.50 feet to a 5/8" iron rod with surveyor's cap stamped "RPLS 5639" found in the north line of said 15' Alley at the southwest corner of said Hudson tract, and the southwest corner of Lot 4 and the southeast corner of Lot 5, said Block 5, for the northwest corner of this tract; Thence N 89 58' 48" E along the south line of said Hudson tr,act, the north line of said 15' Alley, the south line of said Lot 4, the south line of Lots 3 and 2, said Block 5, and the south line of said Lot 1, a distance of 99.66 feet to the point of beginning, containing 0.017 acres (743.56 Sq. Ft.) of land, more or less, subject to all easements of record. Bearings are GRD, Texas Coordinate System of 1927, South Zone., Gregory A. Hauger, Registered Professional Land Surveyor of Texas, do hereby state that this description truly and correctly represents an actual survey made on the ground this the 4th day of September, 2018., M:\gah\25200\25272\Hudson - Alley Tract A Survey Plat was prepared in conjunction with this Legal Description.

NOTCE OF PUBLC HEARNGS Notice is hereby given that Public Hearings will be held before the Planning and Zoning Commission of the City of Portland on September 11, 2018 (Tuesday) and the City Council of the City of Portland on September 18, 2018 (Tuesday) in the Council Chamber of the City Hall (1900 Billy G. Webb Drive - Daniel P. Moore Community Center Complex) at 7:00 p.m. on each date to solicit comments from citizens and other interested parties concerning a request from ZJZ Holdings, LLC for a Special Use Permit to construct a 4- story 84-room Candlewood Suites on Lot 5, Block 1, ZJZ Hospitality Tracts (generally located 675 feet southwest of the intersection of the US 181 Southbound Frontage Road and Buddy Ganem Drive). The application is available for review in the City Secretary s office or online at http://portlandtx.com/index.aspx?nid=102 Any questions concerning this matter should be directed to Brian DeLatte, Assistant City Manager, at (361) 777-4516 or brian.delatte@portlandtx.com

CTY COUNCL ACTON TEM AGENDA TTLE PUBLC HEARNG SPECAL USE PERMT THE CTY COUNCL WLL CONDUCT A PUBLC HEARNG TO SOLCT COMMENTS FROM CTZENS AND OTHER NTERESTED PARTES CONCERNNG A SPECAL USE PERMT REQUEST FROM ZJZ HOLDNGS, LLC, TO CONSTRUCT A HOTEL ON LOT 5, BLOCK 1, ZJZ HOSPTALTY TRACTS (GENERALLY LOCATED 675 FEET SOUTHWEST OF THE NTERSECTON OF THE US 181 SOUTHBOUND FRONTAGE ROAD AND BUDDY GANEM DRVE) ASSSTANT CTY MANAGER MEETNG DATE 9/18/2018 ORDNANCE NO. 2180 SPECAL USE PERMT REQUEST THE CTY COUNCL WLL CONSDER THE FRST READNG OF ORDNANCE NO. 2180 THAT APPROVES A SPECAL USE PERMT REQUEST FROM ZJZ HOLDNGS, LLC, TO CONSTRUCT A HOTEL ON LOT 5, BLOCK 1, ZJZ HOSPTALTY TRACTS (GENERALLY LOCATED 675 FEET SOUTHWEST OF THE NTERSECTON OF THE US 181 SOUTHBOUND FRONTAGE ROAD AND BUDDY GANEM DRVE) ASSSTANT CTY MANAGER DEPARTMENT SUBMTTED BY Administration Brian DeLatte, P.E., Assistant City Manager EXECUTVE SUMMARY A Special Use Permit application has been submitted by ZJZ Holdings, LLC, to construct a Candlewood Suites on Lot 5, Block 1, ZJZ Hospitality Tracts. The City Council recently amended the Unified Development Ordinance to require that hotels obtain a Special Use Permit so that prime highway frontage is preserved for retail development. Without the Special Use Permit approval, the site would be required to be developed conforming to C-G district uses. The Planning and Zoning Commission conducted a Public Hearing on September 11, 2018, and voted to recommend to the City Council approval of the Special Use Permit. SPECAL USE PERMT REQUEST The City Council adopted Ordinance No. 2146 on January 3, 2017, that requires hotels in the commercial zoning districts to obtain a Special Use Permit. ZJZ has submitted a Special Use Permit request for an 84-room hotel within the C-G zoning district. REZONNG APPROVAL CRTERA Section 315 of the UDO outlines the following criteria for which the Planning and Zoning Page 1 of 4

Commission and City Council shall base approval. The applicant has responded to each criterion in the attached materials. 1. mpacts Minimized. Whether and the extent to which the site plan minimizes adverse effects, including adverse visual impacts, on adjacent properties. 2. Consistent with this Ordinance. Whether and the extent to which the proposed special use would conflict with any portion of this Ordinance, including the applicable zoning district intent statement. 3. Compatible with Surrounding Area. Whether and the extent to which the proposed special use is compatible with existing and anticipated uses surrounding the subject land. 4. Traffic Circulation. Whether and the extent to which the proposed special use is likely to result in extraordinarily prolonged or recurrent congestion of surrounding streets, especially minor residential streets. 5. Effect on Natural Environment. Whether and the extent to which the proposed special use would result in significant adverse impacts on the natural environment, including but not limited to water or air quality, noise, storm water management, wildlife, vegetation, wetlands and the practical functioning of the natural environment. 6. Community Need. Whether and the extent to which the proposed special use addresses a demonstrated community need. 7. Development Patterns. Whether and the extent to which the proposed special use would result in a logical and orderly pattern of urban development in the community. CTY STAFF ANALYSS The Special Use Permit process for new hotel construction was established by the City Council in January 2017 as a result of several hotels being constructed on prime highway frontage on US 181 or Buddy Ganem. These developments preclude retail development from occurring along that frontage. As the City Council s intent was to preserve the ability of retail development to occur along the frontage, City Staff has prepared a cursory analysis on the tax impacts of granting the Special Use Permit compared with other potential uses: Potential Use 84-room hotel Annual Sales Tax 1 $5,000- $10,000 Annual Ad Valorem Tax 2 $20,000- $28,000 Annual Hotel Occupancy Tax 3 $130,000- $155,000 Total Annual Tax to City of Portland $155,000- $193,000 Page 2 of 4

Full-service $30,000- $3,000- $33,000- restaurant (Chili s, $0 $48,000 $6,000 $54,000 Applebee s, etc.) Two fast food restaurants $40,000- $3,600- $43,600- $0 (Whataburger, Sonic, $72,000 $7,200 $79,200 Starbucks, etc.) Retail use (Liquor $48,000- $2,400- $50,400- $0 store, tire repair, etc.) $84,000 $8,400 $92,400 1 Comparison data extrapolated from January 2017 through June 2017 Portland retail sales data. Sales tax is an unrestricted revenue source. 2 Comparison data received from the San Patricio County Appraisal District. Data includes only 2017 improvements for similar Portland hotels and establishments since the land cost would be unchanged in the different scenarios. Ad valorem tax is an unrestricted revenue source. 3 Comparison data extrapolated from Portland HOT data October 2017 through March 2018, prorated for 84 rooms. HOT is a restricted revenue source. f the City Council chooses to approve the SUP, City Staff recommends that it does so with the following conditions: 1. ZJZ Holdings, LLC, is permitted to construct a new hotel on Lot 5, Block 1, ZJZ Hospitality Tracts. 2. Approval of the Special Use Permit is void if hotel construction has not commenced within two (2) years of the effective date of this ordinance. ADJACENT PROPERTY NOTFCATONS AND PUBLC HEARNG NOTCES There are six adjacent properties within 200 feet of the property. Property owners were notified by mail, postmarked August 28, 2018, of Public Hearings at the Planning and Zoning Commission and City Council meetings. Notice was also posted in the News of San Patricio County on August 23, 2018, in conformance with UDO Section 302. PUBLC HEARNG AND RECOMMENDATON BY PLANNNG AND ZONNG COMMSSON n accordance with UDO Section 318, the City Council shall, after required notice, conduct a public hearing on the Special Use Permit request. At the public hearing, the City Council shall consider the application, comments and recommendations of City Staff, other relevant support materials and public testimony given at the public hearing. At its September 11, 2018, meeting, the Planning and Zoning Commission conducted a public hearing and deliberated the request. At the public hearing, four public comment were received: Krunal Bhakta (1703 US 181) expressed his opposition of the Special Use Permit request. Bkakta indicated that he placed his life savings into purchasing another hotel Page 3 of 4

and did not want additional competition. Tony Miller (201 Buddy Ganem) expressed his opposition for the proposed Special Use Permit request. Miller indicated that the market will not support another hotel and that the proposed hotel is a lower-caliber tier hotel that will lower daily rates and resulting tax revenue. Miller indicated that excess supply would be detrimental to existing hotels that purchased their hotels at higher land costs. Daryl Genzer (221 Commerce) expressed his opposition for the Special Use Permit request. Genzer asked the Planning and Zoning Commission delay the project one to two years once the hotel he represents is opened. After the close of the public hearing, the Planning and Zoning Commission voted 5-1 to recommend that the City Council approve the request subject to two conditions: 1. ZJZ Holdings, LLC, is permitted to construct a new hotel on Lot 5, Block 1, ZJZ Hospitality Tracts. 2. Approval of the Special Use Permit is void if hotel construction has not commenced within two (2) years of the effective date of this ordinance. ATTACHMENTS Notice of Public Hearing Ordinance No. 2180 Special Use Permit Application and Response Letter ZJZ Presentation RECOMMENDED ACTONS: Conduct a Public Hearing and adopt one of the following motions: A. Approve the first reading of Ordinance No. 2180 OR B. Approve the first reading of Ordinance No. 2180 with modifications OR C. Deny the first reading of Ordinance No. 2180 Page 4 of 4

NOTCE OF PUBLC HEARNGS Notice is hereby given that Public Hearings will be held before the Planning and Zoning Commission of the City of Portland on September 11, 2018 (Tuesday) and the City Council of the City of Portland on September 18, 2018 (Tuesday) in the Council Chamber of the City Hall (1900 Billy G. Webb Drive - Daniel P. Moore Community Center Complex) at 7:00 p.m. on each date to solicit comments from citizens and other interested parties concerning a request from ZJZ Holdings, LLC for a Special Use Permit to construct a 4- story 84-room Candlewood Suites on Lot 5, Block 1, ZJZ Hospitality Tracts (generally located 675 feet southwest of the intersection of the US 181 Southbound Frontage Road and Buddy Ganem Drive). The application is available for review in the City Secretary s office or online at http://portlandtx.com/index.aspx?nid=102 Any questions concerning this matter should be directed to Brian DeLatte, Assistant City Manager, at (361) 777-4516 or brian.delatte@portlandtx.com

r JOB NO. 24671.8401 URBAN ENGNEERNG.) July 10, 201 8 Mr. Delatte, We, Urban Engineering, on behalf of ZJZ Ho ldings, LLC, submit this request for a special use permit for the subject property. We believe that this request meets the criteria for the approval for the Special Use Permit based on the fo llowing information. Our client, the owner/developer of the land, is requesting a special use permit for the construction of a 4 story, 84 room Candlewood Suites. A proposed plat of the subject property has been submitted to the City for approval. The owner/developer has recently platted several tracts adjacent to this one, promoting and allowing for the growth of commercial development fronting on the highway immediately adjacent to his site. The initial hours of operation have not been established but normal hours of operation for a hotel would include a day shift and ni ght shift. There are 85 total proposed parking spaces (including handicap-accessible parking spaces). The ordinance requires parking space per sleeping room, plus total of requirements for associated commercial, restaurant, lounge, etc. There will is no proposed associated commercial, restaurant, lounge, etc.. Based on this information, all parking requirements have been met. mpacts minimized - The Special Use Permit will be for a proposed hotel site. Per the City of Portland, Unified Development Ordinance (UDO), hotels are allowed under the current zoning classification with a Special Use Permit. There wi ll be 110 adverse effects or visual impact on adjacent prope1ties. This site fronts on a major highway which is ideal for this type of development. Additionally, adj acent properties to the North, West and South are existing hotel sites, with the exception of a storage unit site. Consistent with this Ordinance - The proposed hotel use is consistent with the C-G General Commercial district which allows hotels with a Special Permit. The site is currently undeveloped. Compatible with Surrounding Area - The proposed use as a hotel is a compatible use with the surrounding area which includes commercial developments d irectly across the highway from the site, adj acent hotels as well as a movie theater No1t hwest of the subj ect tract. Traffic Circulation - Existing fac ilities will be used and a significant increase in traffic is not anticipated. Effect on Natural Environment - The granting of the Special Use Permit would not result in signi ficant adverse impacts on the natural environment. Community Need - The recent and anticipated growth of commercial and industrial faci lities in the area require the need for additional hotels. (36 1 )854-310 l 2725 SWANTNER DR. CORPUS CHRST, TEXAS 78404 www.urbaneng.com TBPE Firm # 145 TBPLS Firm # l 0032400 FAX (361 )854-600 l

JOB NO. 24671.8401 Development Patterns - The proposed special use would allow for the continued growth of the community. The developer of this project currently has similar facilities in the immediate area. The granting of the special use permit would allow an already existing contributor to the community to grow and remain in the community. Based on the information provided we respectfully ask that the City grant our client the Special Use Permit as requested.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 ORDNANCE NO. 2180 AN ORDNANCE GRANTNG A SPECAL USE PERMT TO ZJZ HOLDNGS, LLC, TO CONSTRUCT A HOTEL ON LOT 5, BLOCK 1, ZJZ HOSPTALTY TRACTS (GENERALLY LOCATED 675 FEET SOUTHWEST OF THE NTERSECTON OF THE US 181 SOUTHBOUND FRONTAGE ROAD AND BUDDY GANEM DRVE); PROVDNG FOR THE REPEAL OF ORDNANCES N CONFLCT HEREWTH; PROVDNG A SEVERABLTY CLAUSE; ESTABLSHNG A PENALTY AND SPECFCALLY NEGATNG A REQUREMENT OF A CULPABLE MENTAL STATE; PROVDNG AND ESTABLSHNG AN EFFECTVE DATE; AND PROVDNG FOR PUBLCATON WHEREAS ZJZ Holdings, LLC, has submitted a Special Use Permit application to construct a hotel at Lot 5, Block 1, ZJZ Hospitality Tracts; and, WHEREAS the Planning and Zoning Commission conducted a Public Hearing on September 11, 2018, and recommended that the request be approved by the City Council; and, WHEREAS the City Council conducted a Public Hearing on September 18, 2018, to solicit comments from citizens and other interested parties; and, WHEREAS the City Council deliberated approval of the Special Use Permit on September 18, 2018. NOW THEREFORE BE T ORDANED BY THE CTY COUNCL OF THE CTY OF PORTLAND, TEXAS: SECTON 1: Special Use Permit No. 2180 is hereby granted with the following conditions as set forth in the Unified Development Ordinance Section 315. 1. ZJZ Holdings, LLC, is permitted to construct a new hotel on Lot 5, Block 1, ZJZ Hospitality Tracts. 2. Approval of the Special Use Permit is void if hotel construction has not commenced within two (2) years of the effective date of this ordinance. SECTON 2: f any provision, section, clause, or phrase of this Ordinance, or the application of same to any person or set of circumstances is, for any reason held to be unconstitutional, void, or invalid, the validity of the remaining portions of this Ordinance shall not be affected thereby, it being the intent of the City Council in adopting this Ordinance that no portion hereof, or provisions or regulations contained herein, shall become inoperative or fail by reason of any unconstitutionality of any other portion hereof, and all provisions of this Ordinance are declared severable for that purpose.

45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 SECTON 3: Any previously adopted ordinance, resolution, rule, regulation, or policy in conflict with this Ordinance is hereby repealed. SECTON 4: Any person who violates this Ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not exceeding five hundred dollars ($500.00). Each and every day that a violation of this Ordinance occurs shall constitute a separate offense. The culpable mental state required by Chapter 6.02, Texas Penal Code, is specifically negated and dispensed with and a violation is a strict liability offense. SECTON 5: This Ordinance shall be published after second reading hereof by publishing the caption thereof in the official newspaper with a statement the public may view the Ordinance in the Office of the City Secretary. This Ordinance shall be effective from and after the publication provided herein. PASSED and APPROVED on second reading this day of 2018. CTY OF PORTLAND Cathy Skurow Mayor ATTEST: Annette Hall City Secretary

ZJZ HOSPTALTY NC Jloa( J.t..n~-.... urul c~1cr9'; 111

Location Minutes from over $22 Billion in industrial development, Portland, TX has become a hub for some of the biggest expansion on the Port of Corpus Christi. Home of Cheniere, OxyChem, Voelstepine, and the newly announced Exxon steam cracker plant, the town shows an incredible pattern of future growth. Portland Texas is located just minutes from Corpus Christi and a 25 minute drive from Corpus Christi nternational Airport. ZJZ Hospitality nc - www.zjzhospitality.com

Economy Companies from China, Austria, Switzerland, taly and the United States have located major operations along San Patricio County s La Quinta Ship Channel at the Port, taking advantage of the ability to ship from Texas to anywhere in the world. The Port provides a straight, 45-foot deep channel (approved and authorized for 52 feet) and quick access to the Gulf of Mexico and the entire United States inland waterway system. The Port delivers outstanding access to overland transportation, with on-site and direct connections to three Class- railroads, BNSF, KCS and UP, and direct, vessel-to-rail discharge capabilities. ZJZ Hospitality nc - www.zjzhospitality.com

Sports Complex With the new sports complex comes the influx of visitors during already busy travel times. With the success of the new park and fields the need for rooms increases. Current hotel rooms are already near capacity with current industry growth forcing patrons and tournament attendees to book hotel rooms in surrounding towns leading to loss of sales tax revenue for the city and less traffic to local restaurants.

ZJZ Hospitality nc - www.zjzhospitality.com

Buddy Ganem Dr and Hwy 181 Timeline February 2016 > Home2 Suites Breaks Ground December 2016 > Talks begin with HG on new Candlewood development January 2017 > City Council passes ordinance requiring special use permit for hotels February 2017 > Valentines Day Home2 Suites Opens July 2017 > Application process is finalized and application is submitted for Candlewood franchise July 2017 > Begin plat process for Retail Center #1 August 2017 > Hurricane Harvey Home2 Suites closes for 5 months..3 other ZJZ hotels closed with extensive damage October 2017 > Candlewood application is approved February 2018 > Home2 Suites officially re-opens April 2018 > Begin Plat process for Retail Center #2 July 2018 > Retail Center #1 breaks ground September 2018 > Planning and Zoning City Council for special use permit to construct Candlewood Suites

ZJZ Hospitality nc - www.zjzhospitality.com

Hotel Demand Candlewood Suites is a world-wide recognized HG brand hotel that specifically thrives on construction crew-like business. Their suites are perfectly tailored for that mid-scale industrial/oil/gas business sector that is currently happening and expected to continue exponentially in the Portland market. The #1 thing that Candlewood Suites excels on is their price point. Their usual price point most industrial/oil/gas companies are willing to pay (whether that be paid by corporate or crews paying with their per diem) is unheard of. The average per diem of most of these companies $75-$110/day. Candlewood Suites price point is strategically in that price range. The property is structured and built to handle that exact type of business traveler that is coming into Portland for work-related business therefore stopping the loss of that business to surrounding areas resulting in losses in HOT and sales tax for the City. n order to continue attracting growing business, corporations must see that the area has viable options for short and long-term accommodations (6+ nights) that offer a variety of known brands in the market. Many travelers are loyal to specific hotel brands, and having an extended stay HG brand property will allow travelers additional options. Customers need choices in different segments and frequent guests build loyalty with hotels and the companies who manage them. Our company has an outstanding reputation in the extended stay segment for HG hotels. Deven Bhakta has served in the past for a 4 years on the Extended Stay Owners Advisory Committee for the HG Owners Association.

Week of September 17 th Published Rates Hotel Name Total Rooms Brand Website Brand Website Brand Website Brand Website Brand Website Brand Website Brand Website Dates: 9/17/2018 9/18/2018 9/19/2018 9/20/2018 9/21/2018 9/22/2018 9/23/2018 Hampton nn - Portland 54 164 164 164 164 164 164 164 Home2 Suites - Portland 88 139 149 149 129 149 149 129 Towneplace Suites - Portland 121 134 134 134 134 118 118 131 Holiday nn Express - Portland 62 132 139 139 139 136 136 131 Best Western - Portland 45 110 110 110 110 101 110 101 La Quinta - Portland 70 109 109 109 109 109 109 109 Fairfield nn - Aransas Pass 88 109 109 107 107 151 151 107 Quality nn - ngleside 40 93 93 93 93 93 102 93 Sleep nn - ngleside 72 89 89 89 89 89 89 89 NEW CANDLEWOOD SUTES ONLY EXTENDED STAY N SEGMENT Studio 6 - ngleside 64 75 75 75 75 86 86 75 Best Western - ngleside 39 75 75 75 75 75 90 75 Microtel - Aransas Pass 56 69 69 69 89 119 119 69 AS OF 10:30am 9/14/18 on brand website

COMMUNTY AWARDS AND RECOGNTON Workforce Solutions of the Coastal Bend Employer of Excellence Greater Corpus Christi Hospitality Association Business of the Year Hotel Awards Embassy Suites General Manager of the Year 2 HG Torchbearer Awards 4 HG Quality Excellence Awards Community recognition and awards from the March of Dimes, Ronald McDonald House, Junior League of CC, Boy Scouts of America, United CC Chamber of Commerce, Port Aransas Police Association and many more. Recently Featured in Travel and Leisure nternational Magazine as well as the South Jetty Newspaper in Port Aransas https://www.portasouthjetty.com/articles/a-whole-lot-of-hospitality/ http://www.lhimagazine.com/sections/staying-there/2317-zjz-hospitality-inc WE SERVE ROLES OUR TEAM PLAYS N OUR COMMUNTES Board Chairman United Corpus Christi Chamber of Commerce United Corpus Christi Foundation Board Worked with area Chambers for Harvey relief funds for small businesses Board Chairman - Port Aransas Chamber and Tourist Bureau Port Aransas Chamber Foundation Board New Day Port A Fund Chair Elect Corpus Christi Convention and Visitor Bureau Board of Directors Board of Directors (3) - Greater Corpus Christi Hospitality Association Texas Hotel & lodging Association Board of Directors Del Mar College Board of Trustees Animal friends of Port Aransas

ZJZ Hospitality nc - www.zjzhospitality.com

COMPANY PROFLE

ZJZ Hospitality nc was founded under the vision and principles of owner and CEO Deven Bhakta. Deven has over twenty years of experience in hotel management and developed his first hotel with his father in Port Aransas, Texas in 1997. Under his watchful eye, ZJZ Hospitality has successfully developed over 15 hotels and has become the premier hotel management and development company on the Gulf Coast. Based in Corpus Christi, we are an award winning company approved to own and manage branded hotels by Hilton Worldwide, Marriott nternational and ntercontinental Hotels Group and have also developed our own boutique brand The Place. Community nvolvement United Corpus Christi Chamber of Commerce Chairman - Board of Directors United Corpus Christi Foundation Board Port Aransas Chamber of Commerce / Tourist Bureau Chairman of the Board of Directors Economic Development Committee Texas Hotel and Lodging Association Board of Directors Ronald McDonald Charities of CC Board of Directors House and Grounds Committee Chair March of Dimes of CC Board of Directors

ZJZ Hospitality can successfully oversee all aspects of hotel development and management. The Core of ZJZ Hospitality s success rests on a family-oriented approach to hospitality and our constant focus on the needs of our guests, our employees and our investors. Having a happy, well trained, professionally led staff leads to outstanding customer service which drives client loyalty and client retention which yields outstanding financial results for our investors. Our skilled and experienced team of executives expertly handle everything from location scouting, design, construction and staff recruitment to training, systems implementation, marketing and daily operation.

At ZJZ Hospitality, our team is our family. We understand that staffing is incredibly important and that is why ZJZ representatives from all echelons of the organization are trained to adhere to the highest standards of customer service and professionalism. t is this emphasis on exceeding guest expectations that powers the business in its mission to retain customers and grow. Our staff is continually educated and provided the resources to dominate market share by building repeat clientele as well as targeting new accounts.

Cypress, TX Opened March 2017 102 Keys

Portland, TX Opened February 2017 88 Keys

Port Aransas, TX Opened March 2017 Boutique Hotel converted from souvenir shop 32 Keys

First Dual Brand Best Western in Texas Opened April 2018 49 Extended Stay Suites 39 Plus Guest Rooms

Motel 6 / Studio 6-123 Keys Corpus Christi, TX Opening Early 2019 Hilton Garden nn / Homewood Suites - 196 Keys Corpus Christi, TX n Permitting - 2020 Opening Candlewood Suites Portland, TX Design Phase Early development stages in Port Aransas, Richardson and Cypress, TX 2018 Best Western Plus/ Executive Residency Corpus Christi, TX Developed and Managed By ZJZ Hospitality nc 88 Keys * First Best Western Dual Brand Combo Hotel to Open in Texas 2017 Courtyard Marriott Cypress, TX Developed and Managed By ZJZ Hospitality nc 102 Keys * One of first prototype Gen 6 Lobby and Bistro 2.0 2017 The Place Hotel Port Aransas, TX Developed By and Managed By ZJZ Hospitality nc 32 Keys * Boutique Hotel converted from beach souvenir shop 2017 Home2 Suites by Hilton Portland, TX Developed By and Managed By ZJZ Hospitality nc 88 keys * Achieved over 100 RG in first 90 days 2011 Embassy Suites Corpus Christi, TX ZJZ Hospitality, nc Managed Hotel 150 Keys * Completed gut job renovation in 2013 - winner of several awards and consistent market leader 2009 Staybridge Suites Corpus Christi, TX Developed By and Managed By ZJZ Hospitality nc 84 Keys * Multiple Torchbearer and Qua100lity Excellence Awards, Tripadvisor Consistent #1 2009 Holiday nn Express & Suites Corpus Christi, TX Developed By and Managed By ZJZ Hospitality nc 88 Keys * Consistent Upper Midscale Leader 2009 Developed Holiday nn Express & Suites Portland, TX Development Deal - Sold at Construction 61 Keys

2008 Developed Days nn & Suites Rockdale, TX Development Deal - Sold at Opening 32 keys 2005 Studio 6 ngleside, TX Developed By and Managed By ZJZ Hospitality nc 65 Keys * First Extended Stay Hotel in ngleside 2005 Holiday nn Express & Suites Port Aransas, TX Developed By and Managed By ZJZ Hospitality nc 74 Keys * 2 room suites, consistent RevPAR Leader 2004 Acquired Driftwood Motel Port Aransas, TX Converted to Travelodge Franchise / Sold 2015 58 Keys 2002 Developed Holiday nn Express & Suites Elgin, TX Sold Hotel in 2008 52 Keys 2001 Best Western Northwest nn & Suites Corpus Christi, TX ZJZ Hospitality, nc Awarded Management in 2010 61 Keys * Converted from Comfort Suites - ZJZ took over management and increased revenues by 70% 1998 Developed Best Western Sinton Sinton, TX Sold Hotel in 2001 32 Keys 1997 Developed Best Western Ocean Villa Port Aransas, TX Sold Hotel in 2007 48 Keys

Hilton Garden nn / Homewood Suites / 196 Keys / Downtown Corpus Christi, TX (n Design, Opening 2020) Best Western Plus / Executive Residency Port of Corpus Christi Opened April 2018 Motel 6 / Studio 6 Corpus Christi, TX Opening Early 2019 Candlewood Suites Portland, TX n Design