[3. Consider authorizing the City Manager to utilize contingency funds in an amount not to exceed Forty-Thousand and No/100 Dollars ($40,000.00) for the mowing and vegetation management of the CPKC railroad right-of-way areas along SH 78 in Sachse.]

[00:15:04]

CONSIDER AUTHORIZING THE CITY MANAGER TO UTILIZE CONTINGENCY FUNDS IN THE AMOUNT NOT TO EXCEED $40,000 FOR THE MOWING AND VEGETATION MANAGEMENT OF THE CPKC RAILROAD RIGHT OF WAY AREAS ALONG STATE HIGHWAY 78 IN SACHSE. MS. NASH.

MAYOR AND COUNCIL. THIS THIS ISSUE WAS ALLUDED TO AT THE LAST COUNCIL MEETING, AND I KNOW IT HAS BEEN A TOPIC OF CONVERSATION IN THE COMMUNITY REGARDING CPKC'S JUST COMPLETE LACK OF INTEREST IN MOWING OUR RAILROAD RIGHTS OF WAY.

AS YOU KNOW, THE PRIOR OWNERSHIP OF THE RAILROAD MOWED THAT FOR DECADES.

AND NOW CPKC IS EXERCISING THEIR RIGHTS AS AN ENTITY OUTSIDE OF FEDERAL JURISDICTION TO NOT MOW ANYMORE.

YOU ASKED US TO COME BACK AND TALK ABOUT SOME OF THOSE CHALLENGES AND SOME POSSIBLE NEXT STEPS AS TO WHAT WE COULD DO MOVING FORWARD.

AND MS. ROSE WILL BE HERE TO DO THAT PRESENTATION.

HELLO, MS. ROSE. GOOD EVENING, MAYOR AND COUNCIL. I'M SAD NO ONE WANTS TO STAY FOR THE RAILROAD CONVERSATION.

[LAUGHTER]. WELL, IT'S A RIVETING TOPIC. I KNOW, I CAN'T SAY THAT I'M SHOCKED.

SO WE WILL HAVE A QUICK CONVERSATION ABOUT THIS TONIGHT.

JUST AN OVERVIEW OF WHAT WE'LL DISCUSS. WE'LL TALK VERY BRIEFLY ABOUT RAILROAD HISTORY.

WE'RE NOT GOING TO GO ALL THE WAY DOWN THAT PATH.

WE'LL TALK ABOUT SOME MOWING CHALLENGES. I'LL SHOW YOU SOME PHOTOS AND THEN WE'LL GO OVER NEXT STEPS.

SO SACHSE HAS APPROXIMATELY THREE MILES OF RAILROAD TRACK THAT RUNS THROUGH THE CITY.

IT WAS PREVIOUSLY OWNED AND OPERATED BY KANSAS CITY SOUTHERN UNTIL THE SYSTEM MERGED WITH CANADIAN PACIFIC, CREATING CPKC INTO 2023. PRIOR TO THIS MERGER, THE RAILROAD RIGHT OF WAY WAS CONSISTENTLY MAINTAINED BY KCS. IT WAS INFREQUENT WHEN WE HAD PROBLEMS, BUT WHEN WE DID, WE WERE ABLE TO GET IN TOUCH WITH PEOPLE AND THEY WOULD TAKE CARE OF THEM. SINCE THE MERGER, UNFORTUNATELY, AS MS. NASH ALLUDED, THE CITY STARTED RECEIVING FREQUENT COMPLAINTS BECAUSE CPKC HAS A COMPLETELY DIFFERENT PHILOSOPHY ABOUT RIGHTS OF WAY VEGETATION MAINTENANCE.

IN RESPONSE TO THE CONVERSATIONS THAT WE HAD WITH RESIDENTS AND THE COMPLAINTS THAT WE WERE RECEIVING, STAFF REACHED OUT TO CPKC AND RECEIVED SOME INITIAL CONTACT.

WE WENT BACK AND FORTH SEVERAL TIMES TRYING TO GET THEM TO COME OUT AND MAINTAIN THE AREA.

AND WE DIDN'T HAVE MUCH LUCK WITH THAT. WE ENDED UP INVOLVING LANCE.

CONGRESSMAN LANCE GOODEN'S OFFICE AND HAD THEM COME TO OUR ASSISTANCE CONNECTING US WITH THE RIGHT OF WAY VEGETATION MANAGER FOR CPKC.

AT WHICH TIME MS. NASH AND I HAD A MEETING WITH THAT INDIVIDUAL WHO WAS A PROMISING MEETING, WHERE HE WAS ENCOURAGING ABOUT THE MAINTENANCE AND EXPLAINED THAT CANADIAN PACIFIC DIDN'T HAVE A SIGNIFICANT AMOUNT OF EXPERIENCE MOWING AND MAINTAINING RAILROAD RIGHTS OF WAY IN AREAS THAT ARE AS WARM AS TEXAS.

SO THIS HAS BEEN A LEARNING CURVE FOR THEM, BUT THEY INDICATED THAT THEY WOULD BE A GOOD PARTNER WITH US AND THAT THEY WOULD HELP MAINTAIN THE AREA.

WELL, IT IS NOW JUNE 2026 AND YOU CAN SEE THAT HASN'T NECESSARILY HAPPENED.

WE REACHED OUT TO THEM BEGINNING IN MARCH ASKING FOR SOME ADDITIONAL CLARIFICATION.

AND THAT'S WHEN THEY REVEALED TO US THAT THEY REALLY DON'T HAVE TO ADHERE TO OUR LOCAL STANDARDS.

AND THEIR PRIORITY WITH RAILROAD SAFETY IS RELATIVE TO RIGHT OF WAY CLEARANCE, NOT ESTHETICS AND THAT THEY VIEW THE RAILROAD TRACKS AS INDUSTRIAL AREAS.

THE CITY'S RESPONSE BACK WAS, WE DON'T THINK THE RESIDENTS THAT BACK UP TO THE RAILROAD WOULD AGREE WITH THAT.

AND NOW WE ARE AT AN IMPASSE. JUST SO YOU KNOW, EVERYBODY'S ON THE SAME PAGE.

THE MOWING CHALLENGES. WE'VE GOT THREE MILES OF TRACK THAT RUN THROUGH THE CITY.

THAT'S A SIGNIFICANT REPRESENTATION OF OUR COMMUNITY.

IT RUNS ADJACENT TO OUR MAJOR STATE HIGHWAY 78 COMMERCIAL CORRIDOR, BUT ALSO BACKS UP TO CHURCHES, BUSINESSES AND RESIDENTIAL AREAS. WE HAVE HAD AN EXTREMELY WET SPRING AND SUMMER, WHICH HAS LED TO SIGNIFICANT GROWTH IN THE AREA.

THE RAILROAD DID APPLY GROWTH INHIBITORS, BUT THAT HAS NOT SEEMED TO DETER THE PLANTS OUT IN THE RAILROAD RIGHT OF WAY.

THEY'RE VERY ROBUST. AND AGAIN, JUST THEY CONTEND THAT THEY DON'T NEED TO MAINTAIN IT FOR ESTHETIC PURPOSES.

THEY NEED TO MAKE SURE THAT THE TRACK IS CLEAN.

AND THAT'S ALL THEY'RE COMMITTING TO DOING AFTER MANY, MANY ROUNDS OF EMAILS BACK AND FORTH, THEY AGREED TO ALLOW US TO TAKE ON THE COST OF MAINTAINING IT IF WE HIRED THEIR CONTRACTORS AND THEIR FLAGGERS.

AND THAT WOULD BE SOLELY AT OUR EXPENSE AND THAT WE COULD DO THAT JUST A COUPLE TIMES A YEAR.

AND JUST AS A REMINDER, ANY MAINTENANCE IN THAT AREA IS CONSIDERED RAILROAD PROPERTY.

SO WE HAVE TO HAVE THEIR PERMISSION TO BE OUT THERE FOR SAFETY REASONS.

SO HERE'S A BIRD'S EYE VIEW OF THE RAILROAD TRACK THROUGH SACHSE.

AND I'VE HIGHLIGHTED THESE ZONES HERE BECAUSE I'M GOING TO SHOW YOU PHOTOS AS OF TUESDAY AFTERNOON OF THE CONDITIONS,

[00:20:02]

JUST IN CASE YOU HAVEN'T BEEN OUT THERE RECENTLY. SO THIS IS ZONE ONE.

THIS IS LOOKING UP STATE HIGHWAY 78 ALONG THAT TRACK.

YOU CAN SEE THE AREA THAT'S MAINTAINED BY THE PARKS CREWS.

AND THEN YOU CAN SEE WHERE THE RAILROAD RIGHT OF WAY TAKES OVER. AND THERE'S A SIGNIFICANT DIFFERENCE IN THE GROWTH THERE.

THIS IS OFF VICKSBURG BEFORE THE CORNWALL AREA.

LOOKING DOWN SOUTH ON STATE HIGHWAY 78 AND YOU CAN SEE HOW HIGH THOSE GRASS AND WEEDS ARE ADJACENT TO THOSE RESIDENTIAL PROPERTIES.

THIS IS LOOKING DOWN AT FLOYD STREET AND YOU CAN SEE THE OVERGROWTH THERE.

LOOKING TOWARDS 5TH, YOU CAN SEE THIS IS BY THE CEMETERY AREA.

THIS IS OVER BY THE WALMART COMMERCIAL AREA OFF WOODBRIDGE.

YOU CAN SEE IT'S TAPE MEASURE THERE FOR REFERENCE.

AND THEN AGAIN A DIFFERENT ANGLE OF THE WALMART AREA.

SO YOU CAN SEE IT LOOKS DIFFERENT IN VARIOUS AREAS.

BUT THE OVERGROWTH IS PRETTY SIGNIFICANT THROUGHOUT THE THREE MILES.

SO AS FAR AS NEXT STEPS, STAFF IS SEEKING COUNCIL'S PERMISSION TO USE THE REMAINDER OF THE CONTINGENCY FUND THAT'S OUTLINED IN SECTION 7.08 OF THE CITY'S CHARTER.

TO COVER THE COST OF THE MOWING WITH CPKC. UNFORTUNATELY, WE DON'T KNOW WHAT THOSE COSTS ARE YET BECAUSE THEY ARE CPKC CONTRACTORS AND MOWERS AND WE WOULD HAVE TO WORK THROUGH THEM.

BUT WE WANTED TO SEEK YOUR PERMISSION TO UTILIZE THOSE FUNDS SINCE THIS WASN'T A BUDGETED ITEM, AND SO WE COULD LOOK TO PROVIDE RELIEF FOR OUR RESIDENTS BEFORE THE SUMMER TAKES OFF.

SO WITH THAT, I'D BE HAPPY TO ANSWER ANY QUESTIONS THAT YOU HAVE.

THANK YOU, MS. ROSE. QUESTIONS OR COMMENTS FROM COUNCIL? MS. BUHLER. THANK YOU, MS. ROSE, FOR THE PRESENTATION.

I KNOW THIS HAS BEEN LOOMING IN THE BACKGROUND FOR A WHILE.

MY QUESTION WAS YOU SAID IN THERE THAT WE'RE GOING TO GET TO MOW IT A COUPLE OF TIMES A YEAR.

IS THAT CORRECT? YES. IS THERE A FREQUENCY OR IT'S KIND OF UP TO THEM? THEY HAVE ALLUDED TO ALLOWING US TO DO IT 2 TO 3 TIMES A YEAR.

OKAY. I THINK IT WOULD BE HELPFUL TO GET STARTED AND THEN WE COULD LOOK AT A GOOD CADENCE OF THE MOWING TO MAKE SURE THAT WE PROVIDE AS MUCH RELIEF AS POSSIBLE THROUGHOUT THE YEAR. BUT THAT WOULD ULTIMATELY BE DETERMINED BY THE RAILROAD BECAUSE IT IS TECHNICALLY THEIR PROPERTY.

OKAY. ARE WE ANTICIPATING MULTIPLE SERVICES FOR $40,000? YES. DO YOU HAVE ANY KIND OF BALLPARK THAT YOU THINK THIS MIGHT BE JUST BASED ON THE PART THAT YOU DO MOW THE SAME LENGTH? I KNOW THAT LAST YEAR WHEN WE USED THE CITY'S COMMERCIAL CONTRACTOR, IT COST ABOUT $5,000 TO MOW THE ENTIRE STRETCH.

THAT'S THE CITY'S CONTRACTOR. HE ALREADY HAS A RELATIONSHIP WITH US AND AN EXISTING ARRANGEMENT WITH US.

SO IT'S HARD TO SAY WHAT CPKCS ARRANGEMENTS WOULD BE, BUT I THINK $5,000 IS A GOOD FRAME OF REFERENCE FOR A SINGLE PASS.

SO $40,000 IS UP TO. UP TO. WE'RE HOPING MUCH, MUCH LOWER.

YES, MA'AM. TO GET US THROUGH THE REST OF THE YEAR UNTIL OCTOBER.

I IMAGINE WHEN THE NEW BUDGET STARTS. YES, MA'AM.

THANK YOU. YOU'RE WELCOME. MS. HOWARTH. I KNOW WHEN WE HAD THIS DISCUSSION QUITE A WHILE AGO, MAYBE SIX MONTHS AGO, THAT THERE WAS SOME NOISE.

MS. HOWARTH, IF YOU COULD. OH, THERE WAS SOME CONVERSATION WITH THE GUY FROM CANADIAN PACIFIC THAT THEY WOULD DO.

THEY WERE OPEN TO DOING SOME NATIVE PLANT AND WILDFLOWER PLANTING OR MAINTENANCE OR SOMETHING.

HAVE WE LOOKED INTO THAT FURTHER WHERE WE COULD PUT NATIVE PLANTS IN THAT MAYBE WOULDN'T NEED TO BE MOWED AS REGULARLY? YOUR MEMORY IS CORRECT.

IT WAS OCTOBER OF 2025 WHEN WE HAD THAT CONVERSATION, AND IT WAS A VERY PROMISING ONE WHERE THEY TALKED ABOUT THE POLLINATOR COMMUNITIES AND THE NATIVE PLANTINGS AND THIS MOWING CADENCE. BUT WHEN WE CHECKED BACK IN IN MARCH, WHICH IS WHEN THEY WERE SCHEDULED TO DISTRIBUTE THE GROWTH INHIBITOR, WE HEARD A VERY DIFFERENT STORY OF THEIR PLAN.

SO THE HOPE IS THAT WE CAN REENGAGE WITH THEM ON THIS MOWING SCHEDULE, USING THEIR CONTRACTOR, AND THEN RESTART THE CONVERSATION ABOUT THE NATIVE PLANTINGS AND THE POLLINATOR COMMUNITIES.

OKAY. YEAH. BECAUSE I'D LIKE TO SEE SOMETHING IF WE'RE GOING TO START SPENDING MONEY ON IT TO MAINTAIN IT OURSELVES, MAYBE DO SOMETHING THAT WE CAN MOWING FREQUENCY AND UP, UP THE, YOU KNOW, USEFULNESS OF AT LEAST THE PLANT MATTER THAT'S GROWING.

ONE OF THE THINGS I TALKED ABOUT WITH MS. NASH AND WITH LANCE WHITWORTH WAS LOOKING AT A VARIETY OF APPROACHES, IF THEY'LL ALLOW US TO DO SO. SO A COMBINATION OF MOWING AND GROWTH INHIBITOR.

JUST SO IT'S NOT PURELY MOWING ALL THE TIME. OKAY.

THANK YOU. YOU'RE WELCOME. I'VE BEEN ON SEVERAL OF THESE EMAILS OVER THE PAST YEAR AND A HALF.

AND THERE'S A COUPLE OF THINGS. ONE IS THEY DON'T HAVE TO LET US DO ANYTHING.

CORRECT. THEY HAVE CHOSEN TO DO THAT, WHICH IS GOOD.

BUT TO PIGGYBACK OFF MS. HOWARTH'S POINT ABOUT DIFFERENT VEGETATION, THINGS LIKE THAT, ULTIMATELY,

[00:25:06]

WHETHER IT'S THAT OR OUR MOWING SCHEDULE, I KNOW WE HAVE TO USE OUR CONTRACTOR.

EVERYTHING. PART OF THIS HAS TO BE OKAYED BY THEM, CORRECT? YES, SIR. SO UNFORTUNATELY, LIKE YOU SAID, THEIR STORY HAS CHANGED OVER TIME.

I HOPE IT DOESN'T CHANGE AGAIN, BUT IT COULD.

SO I JUST WANT TO MAKE SURE EVERYBODY UNDERSTANDS THAT THIS IS WHAT WE HAVE TO GO ON NOW.

BUT IT COULD CHANGE. WE HOPE IT DOESN'T. IS THAT A FAIR WAY TO.

YES, SIR. YES. AND WE'D LIKE TO THINK THAT IT CHANGED FOR A GOOD REASON.

AND MAYBE WE JUST DON'T KNOW THAT YET. [LAUGHTER]. BUT WE UNDERSTAND THINGS CHANGE.

WE JUST WANT TO MAKE SURE THAT WE ARE ALIGNED WITH THEM AS A PARTNER.

RIGHT. YEAH. I THINK IT'S THIS IS A TOUGH ONE BECAUSE NORMALLY WHEN WE BRING STUFF LIKE THIS TO COUNCIL, IT'S ALL OUR CONTROL. AND COUNCIL EITHER SAYS, HEY, YOU SPEND THE MONEY OR DON'T SPEND THE MONEY.

IN THIS CASE, IF THE COUNCIL DOES SAY, HEY, YOU CAN SPEND UP TO THIS AMOUNT.

I WANT THE EXPECTATIONS TO BE PROPER IN THE SENSE THAT WE ARE GOING BY WHAT THEY ARE TELLING US TODAY.

I HOPE IT DOESN'T CHANGE. LIKE I SAID, MAYBE IT'LL CHANGE FOR THE BETTER, BUT IF IT DOESN'T HAPPEN THE WAY WE SAY IT TONIGHT, IT'S MOST LIKELY BECAUSE THEY CHANGED THE RULES. YES, SIR. OKAY, MR. MILLSAP. OKAY.

FROM YOUR CONVERSATION OR YOUR COMMENTS, I'M GATHERING THAT THEY'RE SAYING WE'RE GOING TO HAVE TO USE THEIR CONTRACTOR.

YES, SIR. ARE WE GOING TO TRY TO NEGOTIATE TO WHERE WE CAN USE OUR CONTRACTOR OR? WE HAVE ATTEMPTED TO DO THAT. WE OFFERED TO DO THAT LAST YEAR.

THEY ALLOWED US TO DO IT ONE TIME, BUT THEY INDICATED NOW MOVING FORWARD THAT WE WOULD HAVE TO USE THEIR CONTRACTORS THAT HAVE THE CORRECT SAFETY CLEARANCES TO BE ON THE RAILROAD TRACKS AND IN THE RIGHT OF WAY. OKAY.

SO WE DON'T KNOW WHETHER THEY'RE CONTRACTORS, CONTRACTORS JUST TO MOW OR TO CLEAN UP ANY DEBRIS THAT MIGHT BE THERE.

WE DON'T KNOW THAT SPECIFICALLY AT THIS MOMENT, BUT I PROMISE YOU THAT IS A QUESTION THAT WE WILL ASK THEM.

YEAH. BECAUSE IF THEY'RE NOT GOING TO PICK UP DEBRIS, MAYBE WE NEED TO ALSO ASK IF WE HAVE PERMISSION TO PICK UP DEBRIS AS NEEDED.

ABSOLUTELY. BECAUSE THAT COULD GET TO BE A REAL PROBLEM.

GROWTH INHIBITORS. MY EXPERIENCE IN PAST PREVIOUS TIMES IS CONTROVERSIAL AT THE BEST.

THEY'RE, THEY'RE SELECTIVE. THEY WORK BETTER ON SOME SPECIES OF PLANTS AND NOT VERY WELL ON OTHERS.

SO WHEN YOU DO THAT, THE ONES THAT IT WORKS ON DON'T GROW VERY FAST.

SO IT MAKES THE OTHERS LOOK LIKE THEY'RE GROWING FASTER. YEAH. [LAUGHTER] SO IT CREATES A PROBLEM.

YEAH. AND I DON'T KNOW WHAT CHEMICAL WE'RE USING AS GROWTH INHIBITORS OR MALEIC HYDRAZIDE HAS ALWAYS BEEN THE BEST ONE THAT I'VE EVER FOUND.

THAT WOULD BE MORE CONSISTENT WITH GROWTH ON ALL TYPES OF PLANTS.

SO THAT MAY BE SOMETHING THAT WE WANT TO LOOK AT IS, YEAH.

WE CAN CERTAINLY ENGAGE WITH THEM ON THAT. THEY DID NOT DISCLOSE WHAT THEY USED OUT THERE.

YEAH. THEY JUST TOLD US THAT THEY WERE THAT WAS THEIR MAIN PLAN.

AND THEN WE SENT THEM PHOTOS OF HOW IT ISN'T WORKING.

[LAUGHTER]. SO WE'RE AT THEIR MERCY ON PRICING BECAUSE WE'LL HAVE TO USE OUR CONTRACTOR SO.

UNFORTUNATELY. SO WE HAVE NO CLUE AS TO HOW FAR $40,000 MAY GO YET.

THAT'S CORRECT. OKAY. MR. PRESTENBERG. YES. THANK YOU, LAUREN, FOR THIS.

FIRST THING WHAT ALL IS CONSIDERED VEGETATION.

SO TREES, IF THEY NEED TO BE PRUNED IS THAT ON THEM.

ARE THEY GOING TO COME DO THAT OR DO WE HAVE TO DO THAT? ALL OF IT IF IT'S WITHIN THEIR RIGHT OF WAY WOULD BE CONSIDERED VEGETATION.

OKAY. BUT IF A TREE IS FROM A STORM LIKE WE HAD LIKE ACROSS FROM THE GOLDEN CHECK, THERE WAS ALL THOSE DOWN.

YEAH. TREES. I'M ASSUMING THEY'VE BEEN PICKED UP.

I REMEMBER WE'VE COMPLAINED ABOUT IT. I DON'T KNOW, THEY'RE STILL THERE. OKAY.

THEY'RE STILL THERE. I'VE TRIED NOT TO EAT THERE AS MUCH FREQUENTLY, [LAUGHTER] SO I DON'T SEE IN THE DRIVE THROUGH ANYMORE. BUT IS THE SO WE HAVE NO AMOUNT OF RECOURSE FROM THAT STANDPOINT TO COME PICK UP YOUR DEAD TREES THAT ARE IN YOUR.

NO, AND I DIDN'T INCLUDE THIS IN THE PRESENTATION, BUT WE KNOW THROUGH OUR CITY ATTORNEY WHO ALSO REPRESENTS OTHER NORTH TEXAS CITIES, THAT THIS IS SOMETHING THAT OTHER, EVEN MUCH LARGER CITIES ARE STRUGGLING WITH.

THE CITY OF RICHARDSON EVEN PUT OUT A FLYER WITH FREQUENTLY ASKED QUESTIONS ABOUT RAILROAD RIGHT OF WAY MAINTENANCE, BECAUSE THEY TOO ARE STRUGGLING TO GET ASSISTANCE FROM THEM.

AND IT SEEMS LIKE THE CHANGE CORRESPONDS WITH THIS MERGER.

OKAY. BUT YEAH, IT IS, IT'S A CHALLENGE. OKAY.

SO THAT LEADS ME TO MY NEXT QUESTION WAS THAT THREE MILE SEGMENT ON BOTH SIDES.

YOU GOT WYLIE AND YOU GOT GARLAND. SO WHO DOES THEIRS? THEIR OWN CITIES DO THAT OR? I THAT I DON'T KNOW.

WE COULD LOOK INTO THAT AND SEE IF WE COULD GET SOME INFORMATION. IT SHOULD BE CPKC IF THE SAME RULES APPLY.

RIGHT. WELL, I'D JUST BE CURIOUS BECAUSE IF, YOU KNOW, WE'RE ONLY 33,000 PEOPLE, RIGHT.

SO THEY MIGHT NOT WHO CARES ABOUT THEM? BUT $40,000 IS $40,000.

YES IT IS. SO AND THEN DO WE AS A CITY, IS IT ONE OF THOSE THINGS THEY JUST GET FREE PASS THROUGH RIGHT AWAY.

[00:30:05]

LIKE FOR THEIR THREE MILE SEGMENT. THERE'S NOTHING WE NOT THAT WE'RE GOING TO SET UP A TOLL BOOTH THERE, RIGHT? BUT IS THERE ANYTHING THAT WE ALLOW OR BENEFITS THEM THAT WE PROVIDE? I GUESS. I HAVE TO LOOK TO MS. NASH. I'M NOT AWARE OF ANYTHING.

I THINK RAILROADS HAVE SUPER PREEMPTION [LAUGHTER] YEAH. OKAY. ALL RIGHT. I'M JUST CURIOUS IF, YOU KNOW, HEY, THEY HAVE TO RENEW ANYTHING EVERY SO MANY YEARS TO SAY, YOU KNOW, WE STILL WANT TO COME TO YOUR CITY OR WHATEVER. IT'S GOOD TO BE A RAILROAD.

IT IS. IT IS YEAH. SO, BUT OKAY, SO MY QUESTIONS THOUGH ARE WHAT DO OUR NEIGHBORING CITIES DO? WITH THEIR SAME STRETCH OF BECAUSE I MEAN, WHILE HE'S GOT A LONG RAILROAD STRETCH, SO I CAN'T IMAGINE THEY'RE FORKING OVER $50,000 A, YOU KNOW, A QUARTER. YEAH. SO. OKAY. THAT'D BE GREAT TO HEAR SO.

YEAH, HAPPY TO LOOK INTO THAT. AND THEN JUST FROM A STATE STANDPOINT, YOU KNOW, I KNOW WE HAVE THE EAR OF SOME OF OUR REPRESENTATIVES, BUT THAT WOULD BE LIKE, HEY, I KNOW RAILROAD, THEY SWING A BIG STICK THERE.

BUT MAN, WE THERE'S A LOT OF CITIES THAT PROBABLY WOULD GET ON BOARD WITH SOMETHING LIKE THAT.

LIKE, HEY, JUST CUT YOUR GRASS, YOU KNOW? YEAH, THAT WOULD BE RIGHT. SO I THINK WE COULD ALL GET BEHIND THAT, RIGHT? YEAH. SO ANYWAY, THANK YOU. YEAH OF COURSE. MAYOR PRO TEM FRANKS.

YEAH. LAUREN, WE'VE BEEN TALKING ABOUT THIS FOR A WHILE.

A LONG TIME. YEAH, THAT'S A YEARS. YEARS FEELS LIKE YEARS.

YOU KNOW, I LIKE HOW THE MAYOR SAID IT. I'M GOING TO SAY IT A LITTLE BIT MORE SARCASTICALLY.

[LAUGHTER]. OKAY. THAT THEY ARE ALLOWING US TO USE THEIR CONTRACTOR.

THEY WON'T DO ANYTHING, BUT THEY'LL LET US SPEND OUR MONEY AND DO IT, BUT THEY WON'T TAKE CARE OF IT.

BUT I KNOW IF I LIVED THERE IN MY PROPERTY BACKED UP, I WOULD BE VERY UPSET.

MY QUESTION WOULD BE, DO WE HAVE THE. WE DON'T HAVE THE ABILITY TO USE EVEN THE CITY CREW, THE PARKS CREW TO GO OUT THERE AND MOW ANYTHING. WE'VE DONE IT ONCE BEFORE.

WE DON'T HAVE PERMISSION TO DO IT. WE TOOK CARE OF IT.

LANCE WAS HERE EARLIER, BUT I DON'T SEE HIM ANYMORE.

BUT DO THEY HAVE THE SCHEDULE? I'M GOING TO CALL IT BANDWIDTH TO ABSORB THAT? NO. I WOULDN'T THINK SO. YEAH. AND AS THE MAYOR SAID, THIS IS YOU KNOW, THEY DON'T HAVE TO LET US USE IT.

IT'S A GREAT SCAPEGOAT FOR THEM IN MY OPINION, TO LET US PAY FOR IT.

AND BUT IF, IF I LIVE THERE, I WOULD BE VERY UPSET WITH THE LACK OF ANY ACTION, WHETHER IT BE BY US, BY THE RAILROAD, WHATEVER. SO I KIND OF ROCK AND A HARD PLACE HERE.

WE'RE GETTING INTO THE SUMMER MONTHS, SO THAT'S GOING TO HELP. YEAH, THE HEAT WILL BURN OFF A LOT OF IT, BUT NOT EVERYTHING.

MS. NASH AND I TALKED ABOUT WHAT TRY TO GET TO THE END OF OCTOBER, WHERE THAT GROWTH PERIOD TENDS TO CALM DOWN.

YOU NEVER KNOW WITH TEXAS WEATHER. BUT AND WE'VE ALSO DISCUSSED TO THE MAYOR'S POINT, IT'S VERY DIFFICULT TO NOT TO BE ABLE TO DO SOMETHING FOR YOUR RESIDENTS.

NORMALLY, WE HAVE QUITE A BIT OF CONTROL AND WE CAN HELP THEM.

THIS SITUATION HAS BEEN PARTICULARLY FRUSTRATING FOR STAFF BECAUSE WE COMPLETELY UNDERSTAND THEIR ISSUES, AND IT DOESN'T SEEM TO MATTER HOW MUCH WE REACH OUT TO THE RAILROAD.

THEY DON'T PARTICULARLY THEY'RE NOT PARTICULARLY CONCERNED WITH THE SITUATION.

OR HOW MUCH THE RESIDENTS COMPLAIN. DOESN'T SEEM TO CHANGE.

CORRECT. YEAH. THANK YOU. YEAH OF COURSE. MS. HOWARTH. I WAS JUST GOING TO MAKE A POINT THAT THE RAILROAD REGULATIONS WERE WRITTEN IN THE 1800S MONEY TO GET THE LEGISLATION THAT THEY LIKED.

AND THEY TELL THE FEDERAL GOVERNMENT WHAT TO DO WHEN THERE'S DERAILMENTS.

LIKE WE DON'T HAVE TO TELL YOU JUST. AND THE FEDERAL GOVERNMENT GETS SURPRISED SOMETIMES AT THE RAILROAD SUPERSEDES SOME OF THEIR AUTHORITY.

SO THE FACT THAT WE'RE ARGUING WITH THEM ABOUT GRASS AS A MUNICIPALITY, I CAN JUST IMAGINE HOW MUCH THEY CARE.

SO ROCK AND A HARD PLACE. AND WE'RE, YOU KNOW, WE SHOULD ALL BE HAVE THE POWER THAT THE RAILROAD HAS.

[LAUGHTER]. YES. THEY MIGHT BE ONE OF THE FIRST LOBBIES. THEY THEY'RE REALLY EARLY.

AND THEY, THEY REALLY WROTE THOSE LAWS TO FAVOR THE POWER OF THE RAILROAD.

SO IF THEY DON'T CARE, THEY DON'T CARE. YEAH.

AND I WOULD JUST ADD TOO, I WILL SAY MR. GOODEN'S OFFICE HAS BEEN GREAT.

OUR U.S. REPRESENTATIVE AND EVEN THEY WERE, THEY WERE, THEY SAID, YEAH, WE DON'T REALLY CARE WHAT YOU THINK.

THE RAILROAD SAID TO THEM. YEAH. WHICH IS BASED ON WHAT YOU SAID, IT'S NOT SURPRISING.

SO BUT I DO WANT TO GIVE THEM KUDOS. ABSOLUTELY.

THEM GETTING INVOLVED, THEM SENDING EMAILS, THEMSELVES TO THE RAILROAD.

[00:35:02]

AND THEY AGAIN JUST LAUGHED AT THEM LIKE THEY LAUGHED.

SO WE REALLY APPRECIATE HER. AND AGAIN, LIKE I SAID, I DO HOPE THAT WHAT THEY'VE PORTRAYED IN EMAILS LATELY WE WILL GET TO DO.

IT'S JUST THAT I JUST WANT EVERYBODY AGAIN, TO HAVE THE EXPECTATIONS THAT IF IT IF IT DOES CHANGE, NUMBER ONE, I KNOW STAFF WILL LET US KNOW. BUT NUMBER TWO, IT'S LIKE IT'S NOT LIKE MS. ROSE PUT VERY WELL. IT'S VERY FRUSTRATING BECAUSE WE KNOW THERE'S AN ISSUE.

WE WANT TO DO SOMETHING ABOUT IT AND WE'RE PRETTY LIMITED.

BUT THIS IS A START AND HOPEFULLY THAT WILL HELP SO.

I JUST MAKE ONE MORE CLARIFICATION NASH. MAYOR AND COUNCIL. I JUST WANT TO MAKE A QUICK CLARIFICATION ON THIS.

SO THE REQUEST TONIGHT FOR ACCESS TO THAT BALANCE OF $40,000, THAT'S IN THE CITY MANAGER'S CONTINGENCY.

WE JUST WANT TO MAKE SURE THAT WE HAVE THE ACCESSIBILITY OF THOSE FUNDS FOR THE REST OF THE YEAR TO MANAGE THE MOWING THROUGHOUT THE END OF THE FISCAL.

WE MAY NOT NEED ALL OF IT. WE MAY ONLY NEED A PORTION OF IT.

AND WITH THE COUNCIL TAKING A RECESS IN JULY AND THE MOWING ALREADY A PROBLEM, WE WANTED TO BE ABLE TO GET ON TOP OF THIS BEFORE WE COME BACK TO YOU IN AUGUST AND AT LEAST HAVE A REALLY STRONG UNDERSTANDING OF WHAT WE'RE GOING TO HAVE TO DO THROUGH THE END OF THE FISCAL. SO WE WILL COME BACK TO YOU WELL BEFORE THE END OF THE FISCAL YEAR, WITH A PLAN ON HOW WE'LL DO THE MOWING THROUGH OCTOBER, AND THEN COME UP WITH A PLAN ON HOW WE WANT TO MANAGE IT NEXT YEAR.

SO THIS JUST GIVES US AN OPPORTUNITY TO MAKE SURE THAT WE CAN GET THIS TAKEN CARE OF FOR THESE RESIDENTS AND FOR THE ESTHETICS OF THE COMMUNITY, AS YOU CAN SEE HOW TERRIBLE IT LOOKS. THANK YOU, MS. NASH. OTHER QUESTIONS OR COMMENTS? I DON'T HAVE ANY SPEAKER CARDS FOR THIS ITEM.

SO WITH THAT I'LL ENTERTAIN MOTIONS OR MORE DISCUSSION, MR. PRESTENBERG. NO FURTHER DISCUSSION. I'D LIKE TO MAKE A MOTION TO APPROVE ITEM B.3 AS PRESENTED.

I HAVE A MOTION BY MR. PRESTENBERG TO APPROVE ITEM B.3 AS PRESENTED.

DO I HAVE A SECOND? MS. HOWARTH. SECOND. SECOND BY MS. HOWARTH. ANY FURTHER DISCUSSION? DID YOU HAVE SOME MAYOR? NO. OKAY. I DON'T HEAR ANY MORE DISCUSSION. SO WITH THAT, PLEASE CAST YOUR BALLOT.

MOTION CARRIES UNANIMOUSLY. NEXT ITEM ON THE AGENDA IS ITEM C DISCUSSION ITEMS.

[1. Offer the first caption reading of an ordinance granting to Oncor Electric Delivery Company LLC, it's successors and assigns, an electric power franchise to use the present and future streets, alleys, highways, public utility easements, public ways, and public property of the City of Sachse, Texas, providing for compensation therefor, providing for an effective date and a term of said franchise, providing for written acceptance of this franchise, providing for the repeal of all existing franchise ordinances to Oncor Electric Delivery Company LLC, it's predecessors and assigns, and finding that the meeting at which this Ordinance is passed is open to the public. (FIRST READING)]

ITEM 1. OFFER THE FIRST CAPTION READING OF AN ORDINANCE GRANTING TO ONCOR ELECTRIC DELIVERY COMPANY, LLC, ITS SUCCESSORS AND ASSIGNS AND ELECTRIC POWER FRANCHISE TO USE THE PRESENT AND FUTURE STREETS, ALLEYS, HIGHWAYS, PUBLIC UTILITY EASEMENT, PUBLIC WAYS AND PUBLIC PROPERTY OF THE CITY OF SACHSE, TEXAS. PROVIDING FOR COMPENSATION THEREFORE PROVIDING FOR AN EFFECTIVE DATE AND A TERM OF SAID FRANCHISE, PROVIDING FOR WRITTEN ACCEPTANCE OF THIS FRANCHISE, PROVIDING FOR THE REPEAL OF ALL EXISTING FRANCHISE ORDINANCES TO ONCOR ELECTRIC DELIVERY COMPANY LLC, ITS PREDECESSORS, ITS PREDECESSORS AND ASSIGNS, AND FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC.

THIS IS THE FIRST READING. MS. NASH. MAYOR AND COUNCIL.

AS YOU POINTED OUT, MAYOR, THIS IS THE FIRST READING OF OUR RENEWAL WITH OUR ONCOR AGREEMENT WITH ONCOR.

AND SO DAVID WILL JUST BRIEFLY EXPLAIN TO YOU WHAT NEEDS TO HAPPEN RELATIVE TO THIS TONIGHT AND THEN WHAT WILL HAPPEN MOVING FORWARD FOR AN ONCOR AGREEMENT.

I WILL SAY IN MY YEARS OF CITY MANAGEMENT, I'VE NEVER HAD AN ONCOR AGREEMENT EXPIRE [LAUGHTER].

THESE ARE LENGTHY AGREEMENTS. AND SO THIS ONE, THIS ONE KIND OF CAME UP ON US AND WE DO HAVE TO HAVE A FIRST READING AND A SECOND.

SO WE HAD TO GET THIS IN UNDER THE WIRE. WE WILL STAY UNDER OUR CURRENT AGREEMENT EVEN DURING THIS TIME PERIOD, UNTIL YOU ALL ARE ABLE TO COME BACK FOR APPROVAL IN AUGUST.

BUT I'LL LET DAVID BALDWIN EXPLAIN ALL THE FINER DETAILS.

HELLO, MR. BALDWIN. YOU'RE GOING TO MAKE SENSE OF ALL THIS.

I GUESS I'LL TRY. BUT HONESTLY, BETWEEN THE TWO OF YOU, MAYOR AND MS. NASH, YOU'VE PRETTY MUCH STATED EVERYTHING. SO THE CITY'S CURRENT 20 YEAR ELECTRICITY FRANCHISE AGREEMENT WITH ONCOR EXPIRES JULY 31ST, 2026. SO THE CITY HAS WORKED WITH ONCOR TO PREPARE A RENEWAL AGREEMENT FOR COUNCIL APPROVAL.

THE AGREEMENT MIRRORS THE CURRENT FRANCHISE AGREEMENT.

THERE ARE MINOR ADJUSTMENTS IN CASE LAW. THERE'S FIXES OF DUPLICATION AND TYPOS.