City Council Meeting Agenda

ALLEN OWEN YOLANDA FORD Mayor Councilmember District A

DON SMITH JERRY WYATT Mayor Pro Tem Councilmember at Large Position 1 Councilmember District B

CHRIS PRESTON ANTHONY G. MAROULIS Councilmember at Large Position 2 Councilmember District C

FLOYD EMERY the show me city Councilmember District D

CITY COUNCIL MEETING AGENDA

Notice is hereby given of a meeting of the City Council of Missouri City to be held on Monday, August 17, 2015, at 7:00 p.m. at: City Hall, Council Chamber, 2nd Floor, 1522 Texas Parkway, Missouri City, Texas, for the purpose of considering the following agenda items. All agenda items are subject to action. The City Council reserves the right to meet in a closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code.

1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. PRESENTATIONS AND RECOGNITIONS (a) Present the Clean Restaurant awards to local establishments.

(b) Recognize contributions to the Missouri City Animal Shelter from Heritage Paint and Decorating Centers and Decorative and Faux Finishes.

(c) Announce that the City of Missouri City will be receiving the “Scenic City Certification” and “Platinum Scenic City Certification.”

4. PUBLIC COMMENTS An opportunity for the public to address Council on agenda items or concerns not on the agenda-- those wishing to speak must complete the orange comment card, present the comment card to the City Secretary prior to the beginning of the meeting, and observe a three-minute time limit.

5. STAFF REPORTS - There are no Staff Reports on this agenda.

6. CONSENT AGENDA All consent agenda items listed are considered routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a councilmember so requests; in which event, the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. Information concerning consent agenda items is available for public review.

(a) Consider approving the minutes of the special and regular City Council meetings of August 3, 2015.

(b) Consider an ordinance amending Chapter 30, Environment, of the Missouri City Code; amending regulations regarding the placement of tarpaulins (tarps) and other similar covers on vehicles; and consider the ordinance on the second and final reading.

(c) Consider authorizing the Mayor to sign a letter of approval for Instacare Ambulance Services, Inc. to operate a non-emergency ambulance service.

7. PUBLIC HEARINGS AND RELATED ACTIONS

Page 1 of 3 August 17, 2015 Regular City Council Meeting Agenda

(a) Zoning Public Hearings and Ordinances (1) Consider an ordinance to rezone an approximate 2 acre tract of land from LC-3 retail district to I industrial district; amending the comprehensive plan, as applicable; and consider the ordinance on the second and final reading. The subject site is located south and west of the intersection of the Sam Houston Parkway (Beltway 8) and US 90A – South Main Street and east of South Cravens Road.

(b) Public Hearings and related actions - There are no Public Hearings and related actions on this agenda.

8. APPOINTMENTS - There are no Appointments on this agenda.

9. AUTHORIZATIONS (a) Consider awarding a design/build contract for the renovation of the first floor of the Community Center.

(b) Consider rescinding the authorization of May 18, 2015, of the acceptance of an access easement and authorizing the acceptance of a new easement from Sienna Plantation Levee Improvement District for access to parkland for the Sienna South development.

(c) Consider authorizing the mayor to execute a joint letter with the City of Stafford requesting that Fort Bend County participate in a funding agreement for the provision of recreational facilities at Sta-Mo Park.

10. ORDINANCES (a) Consider an ordinance granting to Waste Corporation of Texas, L.P., a wholly owned subsidiary of WCA Waste Corporation, the right, privilege, and franchise to use the public rights-of way to conduct a solid waste collection service business for residential customers within the City of Missouri City, Texas; providing a term; and consider the ordinance on the second of three readings.

(b) Consider an ordinance granting to Waste Corporation of Texas, L.P., a wholly owned subsidiary of WCA Waste Corporation, the right, privilege, and franchise to use the public rights-of way to conduct a solid waste collection service business for commercial customers within the City of Missouri City, Texas; providing a term; and consider the ordinance on the second of three readings.

(c) Consider an ordinance granting to VF Waste Services, Inc., the right, privilege, and franchise to use the public rights-of way to conduct a solid waste collection service business for residential customers within the City of Missouri City, Texas; providing a term; and consider the ordinance on the first of three readings.

(d) Consider an ordinance of the City of Missouri City, Texas, amending the budget for the fiscal year beginning July 1, 2014, and ending June 30, 2015; transferring various appropriations among accounts; appropriating supplemental revenue to various fund accounts; authorizing the appropriate city officials to take steps necessary to accomplish such transfers; making certain findings; and containing certain provisions relating to the subject; and consider the ordinance on the first and final reading.

11. RESOLUTIONS- There are no Resolutions on this agenda.

Page 2 of 3 August 17, 2015 Regular City Council Meeting Agenda

Charter Review Commission, Community Development Advisory Committee, Construction Board of Adjustments, Electrical Board, Parks Board, Planning and Zoning Commission, Tax Increment Reinvestment Zone Boards, Fort Bend Chamber of Commerce, Houston-Galveston Area Council, Fort Bend Regional Council, Texas Municipal League, Fort Bend County, Harris County, Gulf Coast Building and Construction Trades Council, Mayor’s Youth Commission, Finances and Services Committee, Fort Bend Leadership Forum, Fort Bend County Drainage District, Economic Development Committee, Missouri City Police and Fire Auxiliary, Livable Community Committee, Texas Parkway Alliance, High Performance Organization Committee, Missouri City Juneteenth Celebration Foundation, Fort Bend County Mayor and Council Association, METRO, Planning, Development and Infrastructure Committee, Fort Bend Independent School District, Greater Fort Bend Economic Development Coalition, Transportation Policy Council, Community Development Advisory Committee, Technical Advisory Committee, Veterans Memorial Committee, Missouri City Recreation and Leisure Local Government Corporation, Missouri City Development Authority, Greater Houston Partnership and Emergency Management Updates.

13. CLOSED EXECUTIVE SESSION The City Council may go into Executive Session regarding any item posted on the Agenda as authorized by Chapter 551 of the Texas Government Code.

14. RECONVENE Reconvene into Regular Session and Consider Action, if any, on items discussed in Executive Session.

15. ADJOURN

In compliance with the Americans with Disabilities Act, the City of Missouri City will provide for reasonable accommodations for persons attending City Council meetings. To better serve you, requests should be received 24 hours prior to the meetings. Please contact Maria Gonzalez, City Secretary, at 281.403.8686. CERTIFICATION

I certify that a copy of the August 17, 2015, agenda of items to be considered by the City Council was posted on the City Hall bulletin board on August 14, 2015, at 4:00 p.m.

______Yomara Frias, City Secretary Department

I certify that the attached notice and agenda of items to be considered by the City Council was removed by me from the City Hall bulletin board on the ____ day of ______, 2015.

Signed: ______Title: ______

Page 3 of 3 August 17, 2015 Regular City Council Meeting Agenda

the show me city Council Agenda Item August 17, 2015

1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. PRESENTATIONS AND RECOGNITIONS (a) Present the Clean Restaurant awards to local establishments.

(b) Recognize contributions to the Missouri City Animal Shelter from Heritage Paint and Decorating Centers and Decorative and Faux Finishes.

(c) Announce that the City of Missouri City will be receiving the “Scenic City Certification” and “Platinum Scenic City Certification.”

5. STAFF REPORTS - There are no Staff Reports on this agenda.

ALLEN OWEN YOLANDA FORD Mayor Councilmember District A

DON SMITH JERRY WYATT Mayor Pro Tem Councilmember at Large Position 1 Councilmember District B

CHRIS PRESTON ANTHONY G. MAROULIS Councilmember at Large Position 2 Councilmember District C

the show me city FLOYD EMERY Councilmember District D

CITY COUNCIL SPECIAL MEETING MINUTES

The City Council of the City of Missouri City, Texas, met in special session on Monday, August 3, 2015, at the City Hall, 2nd Floor, Council Chambers, 1522 Texas Parkway, Missouri City, Texas, at 6:05 p.m. to consider the following:

1. CALL TO ORDER Mayor Owen called the meeting to order at 6:09 p.m.

Those also present: Mayor Pro Tem Smith, Councilmembers Wyatt, Preston, Ford, Maroulis and Emery; Interim City Manager Atkinson, City Attorney Iyamu, City Secretary Gonzalez, and Assistant City Manager Elmer, Director of Development Services Smith, Interim Director of Finance Higgins and Desktop Service Specialist II Rooda. Also present: Derrick Mitchell and Frank Hester.

2. DISCUSSION/POSSIBLE ACTION (a) Discuss an ordinance amending regulations regarding the placement of tarpaulins (tarps) and other similar covers on vehicles.

Interim City Manager Atkinson noted Councilmember Wyatt requested discussion regarding needed change to the current ordinance regarding tarp regulations. The proposed ordinance requests the license plate to be visible and eliminates the need of the inspection sticker to be visible.

Councilmember Wyatt stated he received many concerns from residents for the need of the inspection sticker visibility to be removed. He was requesting the ordinance to be amended to state that the license plate be visible from the street. Mayor Owen agreed with Councilmember Wyatt and noted the tarp should fit the vehicle, be neat, and the license plate should be visible.

Councilmember Wyatt inquired if vehicles needed a license plate. City Attorney Iyamu stated cars are required to display or have a valid license plate. Iyamu noted they could amend Section C2, to state, “ensure the visibility of the vehicles license plate.”

Mayor Owen inquired about the residents who have been cited to court. Atkinson stated there have been approximately eight residents cited with most receiving warnings; however, of those cited, they can have their case dismissed by showing they are now in compliance with the new ordinance.

Councilmember Emery stated the ordinance should be reviewed with all possible changes considered before adoption. Atkinson asked if the item needed to be tabled for the regular meeting; Council stated they would prefer not.

Page 1 of 2 August 3, 2015, Special City Council Meeting Minutes

3. CLOSED EXECUTIVE SESSION After proper notice given pursuant to the Texas Open Meetings Act, the City Council went into Executive Session at 6:20 p.m.

Texas Government Code, Section 551.071 – Consultation with attorney to seek or receive legal advice regarding pending or contemplated litigation, a settlement offer, or on a matter in which the duty of the attorney to the City under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act: contemplated litigation relating to a specific use permit application to locate a telecommunications tower on property belonging to Maranatha Full Gospel Church, located at 2716 Cypress Point Drive.

Texas Government Code, Section 551.074 – Deliberations concerning the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee: the city manager.

4. ADJOURN No action was taken. The special City Council meeting adjourned at 7:00 p.m.

ATTEST:

Allen Owen, Mayor Maria Gonzalez, City Secretary

Page 2 of 2 August 3, 2015, Special City Council Meeting Minutes

ALLEN OWEN YOLANDA FORD Mayor Councilmember District A

DON SMITH JERRY WYATT Mayor Pro Tem Councilmember at Large Position 1 Councilmember District B

CHRIS PRESTON ANTHONY G. MAROULIS Councilmember at Large Position 2 Councilmember District C

the show me city FLOYD EMERY Councilmember District D CITY COUNCIL MEETING MINUTES

The City Council of the City of Missouri City, Texas, met in regular session on Monday, August 3, 2015, at the City Hall, Council Chamber, 2nd Floor, 1522 Texas Parkway, Missouri City, Texas, at 7:00 p.m. to consider the following:

1. ROLL CALL Mayor Owen called the meeting to order at 7:03 p.m.

Those also present: Mayor Pro Tem Smith, Councilmembers Wyatt, Preston, Ford, Maroulis and Emery; Interim City Manager Atkinson, City Attorney Iyamu and City Secretary Gonzalez.

2. The PLEDGE OF ALLEGIANCE was led by Boy Scout Troop 140.

3. PRESENTATIONS AND RECOGNITIONS Pamela Andrews presented the second quarter Golden Tree Award for outstanding landscaping to Wendy’s Restaurant, 5515 State Highway 6, and the 2015 Keep Texas Beautiful Business/Industry Award to Ben E. Keith Company of Missouri City. Don Jonson presented the 2015 Governor’s Community Achievement Award to Missouri City for receiving 2nd place for communities with a population of 65,000- 90,000 in the State of Texas. The Mayor and Forester/Horticulturist Wierzbicki recognized Missouri City Green volunteers for their 2014 and 2015 contributions to the City of Missouri City.

Proposed recognition of Heritage Paint and Decorating Centers and Decorative and Faux Finishes by Dana and Cindy was postponed to the next Council meeting.

4. PUBLIC COMMENTS Norman Johnson, 2214 Victoria Court, spoke of the vacant homes in his neighborhood and noted one house vacant since 2008 was now falling apart and he has done everything to make contact with the owner to no avail.

Andrew Gallagher, 7711 Southmeadow, spoke regarding the City Manager search. He stated he worked with Mike Ross, an applicant, in Pearland and had a negative experience with him on his last day of employment.

Cameron Thompson, 2351 Bright Meadows Dr, spoke of businesses leaving Quail Valley East and moving to State Highway 6. He would like information on any grants available for revitalization of the vacant properties.

There were no STAFF REPORTS.

6. CONSENT AGENDA (a) Consider approving the minutes of the special and regular City Council meetings of July 20, 2015 and the special City Council meeting of July 29, 2015.

Page 1 of 5 August 3, 2015, Regular City Council Meeting Minutes

(b) Consider an ordinance adopting the City of Missouri City Parks Master Plan on the second and final reading.

Councilmember Wyatt moved to approve the Consent Agenda items, with the exception that the July 20, 2015 regular City Council meeting minutes are to be adopted during the October 19, 2015 regular City Council meeting, pursuant to recommendations by City staff. Councilmember Maroulis seconded. MOTION PASSED UNANIMOUSLY.

7. PUBLIC HEARINGS AND RELATED ACTIONS (a) Zoning Public Hearings and Ordinances (1) Public hearing to receive comments for or against a request to rezone an approximate 2 acre tract of land from LC-3, Retail district to I, Industrial district; amending the comprehensive plan, as applicable; and consider the ordinance on the first of two readings. The subject site is located south and west of the intersection of the Sam Houston Parkway (Beltway 8) and US 90A – South Main Street and east of South Cravens Road.

The public hearing opened at 7:27 p.m. Senior Planner Thomas Gomez spoke regarding the request to rezone an approximate 2-acre tract of land from LC-3, Retail district to I, Industrial district. Thomas Gomez noted both the Planning and Zoning Commission and Staff forward a positive recommendation.

Councilmember Wyatt moved to close the public hearing at 7:29 p.m. and approve the ordinance. Mayor Pro Tem Smith seconded. MOTION PASSED.

Ayes: Mayor Owen, Mayor Pro Tem Smith, Councilmembers Wyatt, Maroulis and Emery Nays: Councilmembers Preston and Ford

There were no Public Hearings and related actions or APPOINTMENTS.

9. AUTHORIZATIONS (a) Consider awarding a design contract for the Adams Street reconstruction.

Assistant Director of Public Works Upton stated staff recommends approval to R.G. Miller Engineering in the amount of $317,715 for design of the Adams Street reconstruction.

Mayor Pro Tem Smith moved to award a design contract for the Adams Street reconstruction to R.G. Miller Engineering. Councilmember Ford seconded. MOTION PASSED UNANIMOUSLY.

(b) Consider awarding a design contract for the Glenn Lakes bridge replacement.

Assistant Director of Public Works Upton stated staff recommends approval to GC Engineering in the amount of $471,565 for design of the Glenn Lakes Bridge reconstruction. Mayor Pro Tem Smith stated he would like to get together with Vicksburg HOA on how to add to the aesthetics of the bridges in their area. Assistant City Manager Elmer discussed City procedures for bridge replacement and how this may have impact on the Vicksburg subdivision.

Councilmember Emery moved to award a design contract for the Glenn Lakes bridge replacement to GC Engineering. Councilmember Wyatt seconded. MOTION PASSED UNANIMOUSLY.

(c) Consider accepting the conveyance of certain wastewater facilities to the City of Missouri City by Fort Bend County Municipal Utility District Number 115.

Page 2 of 5 August 3, 2015, Regular City Council Meeting Minutes

Assistant Director of Public Works Upton stated this item was to convey the regional wastewater lift station located in Municipal Utility District No 115 to the City. He noted thiswas the first lift station at the final point of entry before the Steep Bank/Flat Bank Wastewater Treatment Plant.

Mayor Pro Tem Smith moved to accept the conveyance of certain wastewater facilities to the City of Missouri City by Fort Bend County Municipal Utility District Number 115. Councilmember Maroulis seconded. MOTION PASSED UNANIMOUSLY.

(d) Consider accepting the conveyance of certain wastewater facilities to the City of Missouri City by Fort Bend County Municipal Utility District Number 129.

Assistant Director of Public Works Upton stated this item was to convey three regional wastewater lift stations located in Municipal Utility District No 129 to the City. All three lift stations feed into the Steep Bank/Flat Bank Wastewater Treatment Plant.

Mayor Pro Tem Smith moved to accept the conveyance of certain wastewater facilities to the City of Missouri City by Fort Bend County Municipal Utility District Number 129. Councilmember Emery seconded. MOTION PASSED UNANIMOUSLY.

(e) Consider awarding a contract for engineering design services for the Mustang Bayou Wastewater Treatment Plant lift station rehabilitation.

Assistant Director of Public Works Upton stated this contract was for engineering design and construction administrative services for the rehabilitation of one sanitary sewer lift station located at the Mustang Bayou Wastewater Treatment Plant. This project would include the rehabilitation of the existing lift station structure, including walls, pump rails, hatches, valves, piping, and temporary bypass pumping. Staff recommends the City contract with Freese and Nichols to provide these services in the amount of $194,210.

Councilmember Wyatt moved to award a contract for engineering design services for the Mustang Bayou Wastewater Treatment Plant lift station rehabilitation to Freese and Nichols. Mayor Pro Tem Smith seconded. MOTION PASSED UNANIMOUSLY.

(f) Consider awarding a contract for engineering design services for the Steep Bank/Flat Bank Wastewater Treatment Plant lift station rehabilitation.

Assistant Director of Public Works Upton stated this was a request to award a contract for engineering design and construction administrative services for the Thompson Ferry Lift Station and Colonial Lakes Lift Station. This project would include the rehabilitation of the existing lift station structures, including walls, pump rails, hatches, valves, piping, temporary bypass pumping, electrical and potential odor control. Staff recommends approval of a contract with 5Engineering to provide these services in the amount of $198,929. Upton clarified the services would be funded in Fiscal Year 2015 and not 2014 as noted in the memo.

Councilmember Maroulis moved to award a contract for engineering design services for the Steep Bank/Flat Bank Wastewater Treatment Plant lift station rehabilitation to 5Engineering. Councilmember Preston seconded. MOTION PASSED UNANIMOUSLY.

(g) Consider awarding a contract for the inventory and evaluation of various channel crossings and bridges throughout the City.

Assistant Public Works Director Valiante stated staff recommends awarding a contract for an inventory of existing crossings and bridges and evaluation of various structures to Cobb, Fendley, & Associates, Inc. for the citywide bridge analysis in the amount of $64,308.

Page 3 of 5 August 3, 2015, Regular City Council Meeting Minutes

Councilmember Emery moved to award a contract for the inventory and evaluation of various channel crossings and bridges throughout the City to Cobb, Fendley, & Associates, Inc. Mayor Pro Tem Smith seconded. MOTION PASSED UNANIMOUSLY.

10. ORDINANCES. (a) Consider an ordinance granting to Waste Corporation of Texas, L.P., a wholly owned subsiding of WCA Waste Corporation, the right, privilege, and franchise to use the public rights-of way to conduct a solid waste collection service business for residential customers within the City of Missouri City, Texas; providing a term; and consider the ordinance on the first of three readings.

Interim City Manager Atkinson presented an overview and noted the ordinance would be effective beginning January 1, 2016, to December 31, 2022. VF Waste would also be in operation in the City for at least 200 homes, including Quail Valley 1, 2, and Bermuda Dumes. Mayor Pro Tem Smith inquired if franchise fees are amendable. Atkinson stated the City could set them.

Councilmember Emery approved the ordinance. Councilmember Wyatt seconded. MOTION PASSED UNANIMOUSLY.

(b) Consider an ordinance granting to Waste Corporation of Texas, L.P., a wholly owned subsiding of WCA Waste Corporation, the right, privilege, and franchise to use the public rights-of way to conduct a solid waste collection service business for commercial customers within the City of Missouri City, Texas; providing a term; and consider the ordinance on the first of three readings.

Councilmember Wyatt approved the ordinance. Mayor Pro Tem Smith seconded. MOTION PASSED UNANIMOUSLY.

(c) Consider an ordinance amending the General Budget for the fiscal year beginning July 1, 2015, and ending June 30, 2016; transferring various appropriations among accounts; appropriating supplemental revenue to various fund accounts; authorizing the appropriate city officials to take steps necessary to accomplish such transfers; making certain findings; and containing certain provisions relating to the subject; and consider the ordinance on the first and final reading.

Councilmember Wyatt approved the ordinance. Councilmember Emery seconded. MOTION PASSED UNANIMOUSLY.

(d) Consider an ordinance amending Chapter 30, Environment, of the Missouri City Code; amending regulations regarding the placement of tarpaulins (tarps) and other similar covers on vehicles; and consider the ordinance on the first of two readings.

Captain Williams stated the proposed amendment amends Section 30-33 of the Missouri City Code, which regulates the use of tarpaulins (tarps) or similar covers to cover vehicles visible from the public right-of-way or other public property, by allowing tarps that are not specifically manufactured to cover vehicles and tarps do not include mirror pockets, antennae grommets, and similar components. Mayor Owen stated Council is in agreement with the new amendments to the ordinance and noted the cover should allow the license plate to be visible.

Robert Robinson, 2103 Peachwood, stated he agreed with the ordinance amendments reviewed at tonight’s meeting.

Page 4 of 5 August 3, 2015, Regular City Council Meeting Minutes

Councilmember Preston inquired the outcome if the license plate is covered. City Attorney Iyamu stated residents would be in violation of the city’s ordinance. Preston inquired if any other cities regulated tarps. Iyamu stated the City of Meadows Place, Fort Worth, Denton and North Richland Hills all regulate tarps. Mayor Pro Tem Smith stated there was an issue with junk vehicles and the City is working to address this.

Councilmember Wyatt approved the ordinance so that the tarpaulin does not obscure vehicle license plates. Mayor Pro Tem Smith seconded. MOTION PASSED UNANIMOUSLY.

11. RESOLUTIONS (a) Consider a resolution supporting the reappointment of a current Gulf Coast Water Authority board member to the Gulf Coast Water Authority board of directors and containing other provisions related thereto.

Councilmember Wyatt moved to adopt the resolution appointing Russell Jones to the Gulf Coast Water Authority board of directors. Councilmember Emery seconded. MOTION PASSED UNANIMOUSLY.

12. CITY COUNCIL ANNOUNCEMENTS Councilmember Maroulis stated he attended the Davita Dialysis grand opening. Councilmember Wyatt commented on the positive remarks he received from the owner of the State Highway 6 McDonalds.

13. ADJOURN The regular City Council meeting adjourned at 8:15 p.m.

ATTEST:

Allen Owen, Mayor Maria Gonzalez, City Secretary

Page 5 of 5 August 3, 2015, Regular City Council Meeting Minutes

the show me city Council Agenda Item Cover Memo August 17, 2015

To: Mayor and City Council Agenda Item: 6(b) Ordinance amending regulations relating to vehicles covered by tarpaulins or similar covers

Submitted by: Michael A. Berezin, Chief of Police

SYNOPSIS

Council approved on first reading an ordinance amending the City’s vehicle tarpaulin regulations. The second reading proposed amendment amends Section 30-33 of the Missouri City Code, which regulates the use of tarpaulins (tarps) or similar covers to cover vehicles visible from the public right-of-way or other public property, by allowing tarps that are not specifically manufactured to cover vehicles and tarps do not include mirror pockets, antennae grommets, and similar components.

STRATEGIC PLAN 2019 GOALS ADDRESSED

 Create a Great Place to Live Safe, Beautiful and Active

BACKGROUND

Code Enforcement has found vehicles parked in residential areas covered by tarpaulins (tarps) or similar covers that are in poor condition and/or not designed for the purpose of which they are being utilized. To address the issue, the City Council adopted regulations relating to the use of tarps on May 4, 2015. Under our present ordinances, the use of vehicle coverings are allowed if such coverings are specifically manufactured to cover vehicles and include mirror pockets, antennae grommets, and eyelets. According to certain residents, the provision of such tarps has been found to be cost prohibitive. This amendment is proposed to address those concerns.

SUPPORTING MATERIALS

1. Ordinance

STAFF’S RECOMMENDATION

Staff recommends approval.

ORDINANCE NO. O-15-__

AN ORDINANCE OF THE CITY OF MISSOURI CITY, TEXAS, AMENDING CHAPTER 30, ENVIRONMENT, OF THE MISSOURI CITY CODE; AMENDING REGULATIONS REGARDING THE PLACEMENT OF TARPAULINS AND SIMILAR COVERS ON VEHICLES; PROVIDING FOR REPEAL; PROVIDING A PENALTY; AND PROVIDING FOR SEVERABILITY.

* * * * *

WHEREAS, a vehicle covered with a tarpaulin that is stained, damaged, or not manufactured for a vehicle and visible from a public right-of-way or a public place tends to reduce the value of private property, is an attractive nuisance creating a hazard to the health and safety of minors, and is a public nuisance; and

WHEREAS, the City Council of the City of Missouri City now deems it appropriate to amend regulations regarding the placement of tarpaulins on vehicles for the maintenance of property values and for the continuing development of the City of Missouri City; now therefore,

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MISSOURI CITY, TEXAS:

Section 1. The facts and recitations set forth in the preamble of this Ordinance are hereby found to be true and correct.

Section 2. The Missouri City Code is hereby amended by deleting subsection (c) of Section 30-33 of Division 1 of Article II of Chapter 30 thereof and substituting therefor a new subsection (c) of Section 30-33 of Division 1 of Article II of Chapter 30 to provide as follows:

“CHAPTER 30 ENVIRONMENT . . . . ARTICLE II. ENVIRONMENTAL NUISANCES DIVISION 1. GENERALLY . . . .

Sec. 30-33. - Prohibited conditions; declaration of nuisance; violation. . . . .

(c) It is an affirmative defense to prosecution of conduct prohibited by subsection 30- 33(a)(6) that the tarpaulin or similar cover is made of a durable fabric, provided that the tarpaulin or similar cover:

Tarp Ordinance Amendment 2015 Page 1 of 2

(1) Is manufactured to cover a vehicle; (2) Does not obscure the vehicle's license plates; (3) Is kept in good repair and free from staining, rips, or other damage; (4) Is secured properly to the vehicle; (5) Is beige, black, brown, buff, cream, gray, tan, or white; and (6) Is not used to cover a junked vehicle.”

Section 3. Repeal. All ordinances or parts of ordinances in conflict herewith, if any, shall be and are hereby repealed only to the extent of such conflict.

Section 4. Penalty. Any person who violates, or any person who causes or allows another person to violate, any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than Five Hundred Dollars ($500.00). Each occurrence of any violation of this Ordinance shall constitute a separate offense. Each day in which any violation of this Ordinance occurs shall constitute a separate offense.

Section 5. Severability. In the event any clause, phrase, provision, sentence or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof, other than the part declared to be invalid or unconstitutional; and the City Council of the City of Missouri City, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts.

PASSED and APPROVED on first reading this ____ day of ______, 2015.

PASSED, APPROVED and ADOPTED on second and final reading this ____day of ____, 2015.

______Allen Owen, Mayor

ATTEST: APPROVED AS TO FORM:

______Maria Gonzalez, City Secretary E. Joyce Iyamu, City Attorney

Tarp Ordinance Amendment 2015 Page 2 of 2

the show me city Council Meeting Item Cover Memo August 17, 2015

To: Mayor and City Council Agenda Item: 6(c) Authorize the Mayor to sign a letter of approval for Instacare Ambulance Services Inc. to operate a non-emergency ambulance service.

Submitted by: R. Sander, Fire Chief

SYNOPSIS

Staff received a request from Instacare Ambulance Services Inc., a non-911 emergency medical service (EMS) provider to operate in Missouri City. Pursuant to Texas Health and Safety Code Section 773.0573, City Council may issue a letter of approval if the Council determines certain conditions exist. Pursuant to Council’s direction in the April 20, 2015 Special Meeting, Staff is presenting this item for consideration by Council.

STRATEGIC PLAN 2019 GOALS ADDRESSED

 Create a Great Place to Live  Grow Business Investments in Missouri City

BACKGROUND

In the 2013 legislative session, a provision was passed creating a new requirement (approval by the governing body of a city or county, as applicable) for emergency medical services providers to cut back on fraud and waste in certain federal programs. The Centers of Medicare and Medicaid Services established a moratorium on licensing new emergency medical services providers from about July 3013 to August 2014, which stopped the establishment of certain new EMS providers during that time.

Pursuant to Texas Health and Safety Code Section 773.0573, city council may issue a letter of approval to an emergency medical services provider applicant who is applying to provide emergency medical services in the city only if the city council determines that:

(1) the addition of another licensed emergency medical services provider will not interfere with or adversely affect the provision of emergency medical services by the licensed emergency medical services providers operating in the municipality; (2) the addition of another licensed emergency medical services provider will remedy an existing provider shortage that cannot be resolved through the use of the licensed emergency medical services providers operating in the municipality; and (3) the addition of another licensed emergency medical services provider will not cause an oversupply of licensed emergency medical services providers in the municipality.

Instacare Ambulance Services Inc. contacted Fire Chief Sander seeking approval to operate a non- emergency EMS service in Missouri City.

According to the Texas Department of State Health Services (TDSHS), Missouri City currently has four (4) licensed EMS providers in the City, excluding Fort Bend County EMS. Sugar Land has eight (8), Stafford has 12, and Conroe has one (1) providers. According to the City of Pearland, there are 19 providers authorized to operate in their city. This results in an average of 10 providers in cities of similar size in the Houston metropolitan area.

SUPPORTING MATERIALS

1. Letter of approval 2. Request letter from Instacare Ambulance Services 3. Fort Bend County EMS Providers 4. Harris County EMS Providers 5. Montgomery County EMS Providers 6. Brazoria County EMS Providers

STAFF’S RECOMMENDATION

Authorize the Mayor to sign a letter approving Instacare Ambulance Services Inc. to operate in Missouri City with the following determinations and stipulations:

(1) the addition of another licensed emergency medical services provider will not interfere with or adversely affect the provision of emergency medical services by the licensed emergency medical services providers operating in the City of Missouri City; (2) based on limited information at the City’s disposal, the addition of another licensed emergency medical services provider will remedy an existing provider shortage that cannot be resolved through the use of the licensed emergency medical services providers operating in the City of Missouri City; and (3) the addition of another licensed emergency medical services provider will not cause an oversupply of licensed emergency medical services providers in the City of Missouri City.

Additionally, the provider will refer all emergency (911) medical calls in Missouri City to the appropriate 911 Communications Center. Finally, if the provider is unable to maintain the necessary license, permit or other related authority to operation in the State of Texas for a period of more than five (5) days, the approval shall be deemed revoked.

Council & Management

1522 Texas Parkway Phone: 281.403.8500 Missouri City, Texas 77489 www.missouricitytx.gov

August 17, 2015

Instacare Ambulance Services Inc. 4606 Forest Home Drive Missouri City, Texas 77459

Dear Tariq Freitekh:

This letter is in response to your request to provide non-emergency emergency medical services in the City of Missouri City, Texas, in accordance with Texas Health and Safety Code Section 773.0573. The City Council of the City of Missouri City considered your request at the August 17, 2015 regular meeting of the City Council, at which the City Council determined the following:

(2) based on the limited information at the City’s disposal, the addition of another licensed emergency medical services provider will remedy an existing provider shortage that cannot be resolved through the use of the licensed emergency medical services providers operating in the City of Missouri City; and

(3) the addition of another licensed emergency medical services provider will not cause an oversupply of licensed emergency medical services providers in the City of Missouri City.

As such, your request to provide non-emergency emergency medical services in the City of Missouri City, Texas, is hereby approved, provided that, in the event you receive a request for emergent emergency medical services within Missouri City you must route those calls to Missouri City’s or Fort Bend County’s 911 center. Additionally, if, at any time after you receive this letter, you fail to hold or maintain a necessary license, permit, or other related authority to operate in the State of Texas for a period of five (5) or more days, this approval shall be deemed to be revoked.

If you have any questions, please contact Missouri City Fire & Rescue at 281-403-4300.

Sincerely,

Allen Owen Mayor

Cc: City Attorney Iyamu Fire Chief Sander

CITY OF MISSOURI CITY

INSTACARE AMBULANCE SERVICES INC 4606 FOREST HOME DR MISSOURI CITY, TX 77459 OFFICE: 713-291-1752 Email: [email protected]

To: Mr. Russell Sander, Fire Chief, Missouri City Missouri City City Council From: Tariq Freitekh, Owner and Administrator, INSTACARE EMS Date: 07/21/2015

Re: Letter of Approval for Missouri City

This letter is seek the approval of the governing body, the Missouri City City Council, in order for our EMS Provider company to become licensed through the Texas Department of State Health Services to be able to provide and render our services to the community and patients of Missouri City and Fort Bend county area.

We are asking City Council to please grant permission and rights to operate within Missouri City and its city limits. This letter is being submitted prior to the actual TDSHS EMS Provider License application, since we are trying to make sure we will be able to operate within the City before beginning the application process. We have formed a partnership along with LYNBROOK EMS INC, as part of the State’s required Mutual Aid Agreement. We have come to an agreement, that if for whatever reason, due to a shortage, high volume, or in case of a disaster, we are unable to take some of our own calls, they will be forwarded to LYNBOOK EMS INC to ensure that all are responded to and taken care of.

INSTACARE EMS strives to follow all rules, regulations, and guidelines set in place by the Texas Department of State Health Services, CMS, Medicare, TMHP, and by the Missouri City EMS Program. INSTACARE EMS conducts internal inspections and monitors the company’s office, vehicles and documentation to ensure that we remain in compliance at all times. We hold each and every one of our employees accountable and make them responsible for their assigned roles in our day to day operations. We are also in close touch with our Medical Director and make our office, vehicles, and documentation readily available to him for inspections, evaluations, and input for corrections and concerns.

INSTACARE EMS can also attest that with the addition of our EMS Provider License, our company will not interfere or adversely affect any other existing EMS Providers and would be able to coexist within the same city in a professional manner. Also, since we believe our EMS company would not cause an oversupply for the City of EMS Providers. With Missouri City being a city that is continuously expanding, there are many patients that require EMS Providers to meet their needs. INSTACARE EMS would ensure that any patients served by our company would be receiving the highest quality of care that can be given.

Since we would like to become licensed as, and operate at the MICU level, we feel that having these capabilities would put us at an advantage of being able to render more than just basic life support in case of dire emergencies. Our trained staff will be equipped and certified to deal with all service calls and any medical emergency scenarios that should arise.

Please take our request for a Letter of Approval into consideration, if there are any questions or concerns, please contact me at the phone # and email listed above.

Thank you, Tariq Freitekh Owner and Administrator, INSTACARE EMS File Nbr LIC# Name Selected Address City St Zip County Phone Expire Date Status Orig Date Rank Date Alt Key Dba Name

1947 1000457 ABILITY EMS LLC 2327 EMORY KNOLL FRESNO TX 77545 Fort Bend 713 429 0346 04/30/2016 Current 04/26/2010 04/26/2010 2468 1000753 ADAMS EMS INC DBA 2715 DARBY BROOK DR FRESNO TX 77545 Fort Bend 2817722499 11/30/2015 Current 11/30/2011 11/30/2011 Adams Ems 1431 1000008 MEDIC TRANSIT EMS INC PO BOX 565 FRESNO TX 77545 Fort Bend 7137954445 04/30/2015 Current 04/03/2007 04/03/2007 2146 1000522 HOLINESS & BROTHERS EMS INC DBA 16818 CHESHIRE PLACE DR HOUSTON TX 77083 Fort Bend 8326434288 09/30/2016 Current 09/24/2010 09/24/2010 Holiness & Brothers Ems 1539 1000075 FMR INC DBA 3843 PARKSIDE MISSOURI CITY TX 77459 Fort Bend 7136915455 09/30/2015 Current 09/27/2007 09/27/2007 First Medical Respond 1226 101275 MP AMBULANCE SERVICE INC DBA 13360 S GESSNER STE 330 MISSOURI CITY TX 77489 Fort Bend 7137236001 09/30/2016 Current 08/03/2004 10/01/2006 Mp Ambulance Service Inc 2195 1000578 APREA GROUP LLC DBA 1918 FOSTER LEAF LN RICHMOND TX 77406 Fort Bend 8324516994 02/28/2017 Current 02/25/2011 02/25/2011 Texas Critical Care 2032 1000472 REDEEMER EMS INC 7623 BLOSSOMMIST LN RICHMOND TX 77407 Fort Bend 2812217652 06/30/2016 Current 06/08/2010 06/08/2010 2081 1000564 SAVIOR CARE EMS INC 7118 ROCKY RIDGE LN RICHMOND TX 77407 Fort Bend 7132712626 01/31/2017 Current 01/11/2011 01/11/2011 1737 1000372 THEODORE AKALONU DBA 20026 PEMETIC TRAIL RICHMOND TX 77407 Fort Bend 713 530 4326 10/31/2015 Current 11/18/2009 10/20/2009 Precise Care Ems 510 079002 FORT BEND COUNTY EMS 4332 HWY 36 ROSENBERG TX 77471 Fort Bend 2813427233 03/31/2017 Current 03/31/2003 03/31/2005 2354 1000680 CORE HEALTH CARE SERVICES INC DBA 630 FM 1092 204 STAFFORD TX 77477 Fort Bend 8327550625 08/31/2015 Current 08/10/2011 08/10/2011 Prime Help Ems 2520 1000852 DAYSTAR EMS INC PO BOX 962 STAFFORD TX 77497 Fort Bend 832 486 7829 08/31/2016 Current 08/28/2012 08/28/2012 2471 1000830 DEVINE SOLUTIONS GROUP LLC DBA 620 MURPHY RD 203 STAFFORD TX 77477 Fort Bend 2819697771 05/31/2016 Current 05/21/2012 05/21/2012 Quick Response Ems 2336 1000711 EXPRESS EMS LLC PO BOX 2693 STAFFORD TX 77497 Fort Bend 8325327133 09/30/2015 Current 09/22/2011 09/22/2011 758 800074 NURSE MANAGEMENT EMS INC DBA 2823 N MAIN STAFFORD TX 77477 Fort Bend 832 746 7869 11/30/2015 Current 11/17/2005 Nurse Management Ems 2288 1000657 PRUDENCE AMBULANCE SERVICE INC DBA 620 MURPHY RD 210 STAFFORD TX 77477 Fort Bend 832 800 4229 06/30/2015 Current 06/08/2011 06/08/2011 Prudence Ems 2365 1000694 SIGNA EMS INC DBA 4434 BLUEBONNET DR 122 STAFFORD TX 77477 Fort Bend 8327620193 08/31/2015 Current 08/30/2011 08/30/2011 Signa Ems 2018 1000422 TEXAS MED SUPPORT LLC 10311 W AIRPORT BLVD 111 STAFFORD TX 77477 Fort Bend 281 575 0026 03/31/2016 Current 03/22/2010 03/22/2010 2658 1000935 CITY OF SUGAR LAND DBA 10405 CORPORATE DR SUGAR LAND TX 77478 Fort Bend 2812752057 09/30/2016 Current 09/30/2014 09/30/2014 Sugar Land Fire Department 2343 1000688 LONE STAR EMS INC 54 SUGAR CREEK CTR BLVD STE 316 SUGAR LAND TX 77478 Fort Bend 8328862886 08/31/2015 Current 08/16/2011 08/16/2011 1694 1000155 MEGA CARE EMS INC DBA 11202 BURMESE LN SUGAR LAND TX 77478 Fort Bend 832 640 5972 06/30/2016 Current 06/18/2008 06/18/2008 Mega Care Ems 2546 1000847 ROSENBERG EMS CORP PO BOX 17956 SUGAR LAND TX 77496 Fort Bend 281 536 9092 07/31/2016 Current 07/17/2012 07/17/2012 2308 1000635 ST JUDE AMBULANCE LLC PO BOX 17953 SUGAR LAND TX 77496 Fort Bend 7135383319 05/31/2015 Current 05/23/2011 05/23/2011 2531 1000842 SUGAR LAND EMS INC DBA 15602 MUSTANG ISLAND DR SUGAR LAND TX 77498 Fort Bend 8325106653 06/30/2016 Current 06/25/2012 06/25/2012 Sugar Land Ems 2373 1000714 TENDER CARE HEALTHCARE SERVICES INC DBA 104 INDUSTRIAL BLVD L SUGAR LAND TX 77478 Fort Bend 2817420210 09/30/2015 Current 09/16/2011 09/16/2011 Tender Care Ambulance

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\ LIC# Name Selected Address City St Zip Phone Expire Date Status

101002 COMMUNITY PROTECTION AGENCY INC DBA PO BOX 506 ALIEF TX 77411 2814988806 09/30/2016 Current 1000749 PREMIER CARE EMS LLC PO BOX 2240 ALIEF TX 77411 8322822922 11/30/2015 Current 1000705 PRIORITY AMBULANCE TRANSFER LLC PO BOX 2063 ALIEF TX 77411 7132611010 09/30/2015 Current 1000351 WEST I 10 VOLUNTEER FIRE DEPARTMENT INC DBA PO BOX 400 BARKER TX 77413 281 675 3633 10/31/2015 Current 1000031 BAY AREA TRANSPORTATION LP DBA PO BOX 119 BAYTOWN TX 77522 2814271554 05/31/2015 Current 101105 CITY OF BAYTOWN DBA 201 E WYE DRIVE BAYTOWN TX 77521 2814220044 09/30/2015 Current 101254 KAM-SYD LTD DBA PO BOX 119 BAYTOWN TX 77522 2814271554 09/30/2015 Current 1000030 PASADENA AREA TRANSPORTATION LP DBA PO BOX 119 BAYTOWN TX 77522 281 427 1554 05/31/2015 Current 300258 ADVANCE EMS LTD DBA PO BOX 668 BELLAIRE TX 77402 3618572059 08/31/2015 Current 101218 BEST CARE EMS LTD DBA BEST CARE AMBULANCE SERVICE LTD DBA PO BOX 608 BELLAIRE TX 77402 7136613443 09/30/2016 Current 101092 CITY OF BELLAIRE FIRE DEPT 7008 S RICE BELLAIRE TX 77401 7136628202 09/30/2016 Current 1000916 GRACE AMBULANCE TRANSPORT LLC 6800 WEST LOOP S 300 BELLAIRE TX 77401 7136644721 08/31/2015 Current 1000748 HARRIS COUNTY ESD 50 DBA 16010 RIDLON BLDG E CHANNELVIEW TX 77530 2818600017 12/31/2015 Current 101274 HARRIS COUNTY ESD 5 DBA PO BOX 1604 CROSBY TX 77532 2813286810 09/30/2015 Current 101084 CY-FAIR VOLUNTEER FIRE DEPARTMENT 9630 TELGE ROAD CYPRESS TX 77095 2815506663 09/30/2016 Current 101022 CITY OF DEER PARK 2211 EAST X STREET DEER PARK TX 77536 2814787281 09/30/2015 Current 101222 GALENA PARK FIRE DEPARTMENT 1713 2ND ST GALENA PARK TX 77547 7136745311 09/30/2015 Current 101020 HIGHLANDS VOLUNTEER FD PO BOX 584 HIGHLANDS TX 77562 2818432466 09/30/2015 Current 1000752 1ST MED EMS INC DBA 4247 A PURDUE ST HOUSTON TX 77005 8326403460 11/30/2015 Current 1000696 24 HOUR SERVICE EMS INC DBA 2616 S LOOP W 515 HOUSTON TX 77054 2816901274 08/31/2015 Current 800182 A BELIEVERS EMS LLC 13940 BAMMEL N HOUSTON 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SERVICE INC DBA 9898 BISSONNET STE 598AHOUSTON HOUSTON TX 77036 7139951992 04/30/2015 Current 1000893 AMAZING GRACE EMS INC 8633 W AIRPORT BLVD 1026 HOUSTON TX 77071 832 880 8689 05/31/2015 Current 1000068 AMERICAN AMBULANCE SERVICES INC DBA 14814 DORRAY LANE HOUSTON TX 77082 8322731243 09/30/2015 Current 101032 AMERICAN MEDICAL RESPONSE OF TEXAS INC DBA 5405 CONSULATE PLAZA DR HOUSTON TX 77032 7137417474 09/30/2016 Current 1000807 AMGREF EMS INC 8121 BROADWAY STREET STE 120 HOUSTON TX 77061 8327152616 03/31/2016 Current 1000605 ANSELM IBE OKECHUKWU & ANENE EDWIN ANOSIKE DBA 9898 BISSONNET STREET 375-E HOUSTON TX 77036 2817487171 04/30/2015 Current 1000704 APPEAL BYERS DBA 8700 COMMERCE PARK DR 252 HOUSTON TX 77036 7139886100 09/30/2015 Current 101554 BAYOU CITY EMS GROUP INC DBA PO BOX 451960 HOUSTON TX 77245 713 434 9994 09/30/2016 Current 1000858 BIRHIRAY HOLDINGS INC DBA PO BOX 770155 HOUSTON TX 77215 2817245128 09/30/2016 Current 101284 BONAVENTURE C MBONU & ANDRE LEEVET ELDER DBA PO BOX 16886 HOUSTON TX 77222 8323883375 09/30/2016 Current 1000611 THE CAULEY GROUP INC DBA PO BOX 925488 HOUSTON TX 77292 713 681 8080 04/30/2015 Current 1000047 CENTRAL EMS INCORPORATED DBA 12962 ABALONE WAY HOUSTON TX 77044 7136289818 07/31/2015 Current 1000706 CHOICE AMBULANCE SERVICES LLC DBA PO BOX 112087 HOUSTON TX 77016 8322655753 09/30/2015 Current 1000919 CHREIDI INC DBA 8989 WESTHEIMER RD 225B HOUSTON TX 77063 281 704 1077 08/31/2015 Current 1000759 CITYWIDE EMS LLC 8989 WESTHEIMER RD 228F HOUSTON TX 77063 7133607634 12/31/2015 Current 1000299 COASTAL EMS LP 13300 SCHROEDER RD HOUSTON TX 77070 2818948033 07/31/2015 Current 1000701 COBRA EMS INC 4341 TOWN PLAZA DR STE E HOUSTON TX 77045 8325941526 09/30/2015 Current 1000841 COLASSAL EMS LLC 6420 RICHMOND AVE STE 530-7 HOUSTON TX 77057 8326544912 06/30/2016 Current 1000267 CONCORD EMS INC PO BOX 37071 HOUSTON TX 77237 7137856300 06/30/2015 Current 800031 CORNERSTONE EMS INC PO BOX 680184 HOUSTON TX 77268 2818809500 05/31/2015 Current 1000345 CRAFT USA EMS INC DBA 2015 ENGELMOHR ST HOUSTON TX 77054 7137919139 10/31/2015 Current 1000408 DIMENSIONS EMS INC DBA 1146 SHEFFIELD BLVD UNIT J HOUSTON TX 77015 2815944091 02/29/2016 Current 1000479 DYNAMO EMS INC P O BOX 721318 HOUSTON TX 77272 8328308916 07/31/2016 Current 1000812 EXECUTIVE EMERGENCY MEDICAL SERVICES LLC 33 LYERLY STREET HOUSTON TX 77022 832 417 3084 03/31/2016 Current 101264 FIRST CHOICE AMBULANCE SERVICE INC 2656 SOUTH LOOP W STE 265 HOUSTON TX 77054 7136648299 09/30/2016 Current 1000548 FOTI INC DBA 4625 NORTH FREEWAY STE 211 HOUSTON TX 77022 7138554637 11/30/2016 Current 1000811 GSA EMS GROUP LLC DBA 8524 HWY 6 N STE 207 HOUSTON TX 77095 7135456178 03/31/2016 Current 1000545 HARRIS COUNTY EMERGENCY CORPS 2800 ALDINE BENDER HOUSTON TX 77032 2814493131 11/30/2016 Current 101028 HARRIS COUNTY HOSPITAL DISTRICT DBA 5656 KELLEY ST HOUSTON TX 77026 7135666176 09/30/2016 Current 101327 HEALTH QUEST EMS LLC DBA 16321 LOCH KATRINE LN D10 HOUSTON TX 77084 7137875455 09/30/2016 Current 1000315 HEALTHSOURCE EMS LLC 5401 RAMPART DR STE 602 HOUSTON TX 77081 8328803305 08/31/2015 Current 1000678 HEALTHSTAR EMS INC DBA PO BOX 720621 HOUSTON TX 77272 713 885 3570 08/31/2015 Current 1000927 HERITAGE AMBULANCE SERVICE LLC 15255 GULF FREEWAY 145D HOUSTON TX 77034 8325639928 01/31/2016 Current 1000347 HMR AMBULANCE INC DBA 4625 NORTH FREEWAY STE 205 HOUSTON TX 77022 8324262708 10/31/2015 Current 1000827 HOLISTIC CARE EMS LLC PO BOX 711465 HOUSTON TX 77271 8326616311 05/31/2016 Current 1000892 HOUSTON AMBULANCE RESPONSE INC DBA 2709 BLODGETT ST C HOUSTON TX 77004 713 529 2040 04/30/2015 Current 101017 HOUSTON FIRE DEPARTMENT 600 JEFFERSON SUITE 800 HOUSTON TX 77002 8323946800 09/30/2016 Current 1000616 HUMANITY CARE EMS INC 7447 HARWIN DRIVE 210-E HOUSTON TX 77036 8322317541 04/30/2015 Current 1000829 I D F EMS INC 8989 WESTHEIMER STE 104-282 HOUSTON TX 77063 7139797383 04/30/2016 Current 1000123 INFINITY EMS LLC DBA 5645 HILLCROFT AVENUE 602 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GROUP INC DBA P O BOX 450187 HOUSTON TX 77245 7134349637 06/30/2015 Current 1000676 YORDANOS AYALEW DBA 7457 HARWIN DR, STE 303A HOUSTON TX 77036 7135847710 08/31/2015 Current 1000716 ZAKORA HOLDINGS INC. 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HUMBLE TX 77346 2818522181 09/30/2015 Current 1000775 DREAM HOUSE INC DBA 6010 N SAM HOUSTON PKWY E #706 HUMBLE TX 77396 281 570 7534 01/31/2016 Current 101087 HUMBLE FD EMS 114 W HIGGINS ST HUMBLE TX 77338 2814467889 09/30/2015 Current 101004 JERSEY VILLAGE FIRE DEPARTMENT 16501 JERSEY DR JERSEY VILLAGE TX 77040 7134662130 09/30/2016 Current 1000118 ADVANTAGE AMBULANCE SERVICE LLC PO BOX 6768 KATY TX 77491 8322122784 03/31/2016 Current 101037 KATY FIRE DEPARTMENT 1417 AVENUE D KATY TX 77493 2813913500 09/30/2016 Current 101008 WESTLAKE VOLUNTEER FIRE DEPARTMENT INC PO BOX 5007 KATY TX 77491 281 492 0560 09/30/2016 Current 101077 CITY OF LA PORTE EMS 10428 SPENCER HIGHWAY LA PORTE TX 77571 2814719244 09/30/2015 Current 1000887 KON VENTURES LLC DBA 20214 EMERALD CLIFF LANE RICHMOND TX 77407 8327295637 02/28/2017 Current 101029 CITY OF SOUTH HOUSTON EMS DEPARTMENT PO BOX 238 SOUTH HOUSTON TX 77587 7139418500 09/30/2015 Current 1000903 CHRISTIAN EMS LLC 9306 MAX CONRAD DR SPRING TX 77379 281 840 3606 07/31/2015 Current 101091 CYPRESS CREEK EMS ASSOCIATION INC DBA 7111 FIVE FORKS DR SPRING TX 77379 2813780800 09/30/2016 Current 1000538 GREATER TEXAS CRITICAL CARE EMS LLC DBA P. O. BOX 673 SPRING TX 77383 8324724612 10/31/2016 Current 1000896 NEW MILLENNIUM AMBULANCE SERVICE LLC 8106 VINTAGE CREEK DRIVE SPRING TX 77379 281 914 0798 05/31/2015 Current 1000104 TRANS-STAR MEDICAL TRANSPORT INC 6046 FM 2920 203 SPRING TX 77379 2104324444 01/31/2016 Current 800195 WHITES USA AMBULANCE SERVICE INC DBA 8015 OXFORDSHIRE DR SPRING TX 77379 8326464780 10/31/2016 Current 1000853 ABOVE AVERAGE EMS LLC 4434 BLUEBONNET DR. #122 STAFFORD TX 77477 2817617611 08/31/2016 Current 1000624 CHOICE AID EMS LLC 4434 BLUEBONNET STE 136 STAFFORD TX 77477 8327559111 04/30/2015 Current 1000052 PREMIUM CARE EMS LLC 12763 CAPRICORN ST 800 STAFFORD TX 77477 8326568570 08/31/2015 Current 1000820 TEXAS FIRST CHOICE HEALTH CARE SERVICES INC DBA 12818 CENTURY DR STE 102B STAFFORD TX 77477 7138934600 04/30/2016 Current 1000471 LATOM EMS INC 12808 W AIRPORT BLVD STE 348 SUGAR LAND TX 77478 832 338 9637 06/30/2016 Current 101021 NORTHWEST RURAL EMS INC DBA 29530 QUINN ROAD TOMBALL TX 77375 2813518272 09/30/2016 Current 101123 ROSEHILL FIRE DEPARTMENT 19023 FM 2920 TOMBALL TX 77377 2813514548 09/30/2016 Current 101019 CLEAR LAKE EMERGENCY MEDICAL CORPS 104 PENNSYLVANIA WEBSTER TX 77598 2813167362 09/30/2015 Current 1000168 WINDSOR EMS INC PO BOX 58836 WEBSTER TX 77598 2813334252 07/31/2016 Current

173 Page -1 of 1

the show me city Council Agenda Item Cover Memo August 17, 2015

To: Mayor and City Council Agenda Item: 7(a)(1) Consider an ordinance for or against a request to rezone an approximate 2 acre tract of land from LC-3, Retail district to I, Industrial district

Submitted by: Gary W. Smith, Director of Development Services Prepared by: Jennifer Thomas Gomez, AICP, Senior Planner

SYNOPSIS

This is the second and final reading of an ordinance to rezone an approximate 2 acre tract of land from LC- 3, Retail district to I, Industrial district.

The subject site is located south and west of the intersection of the Sam Houston Parkway (Beltway 8) and US 90A – South Main Street and east of South Cravens Road.

STRATEGIC PLAN 2019 GOALS ADDRESSED

 Have quality development through buildout: Active centers, neighborhoods, housing and mobility

BACKGROUND

Trammell Crow Company is seeking to acquire the subject two acre tract of land for the purpose of developing it as a part of the Park 8Ninety Business Park. The business park presently has the zoning designation of PD, Planned Development District #94. The subject tract is burdened by the TxDOT drainage facility and separated from Highway 90A by the City of Houston well site tract. The tract of land is landlocked.

Staff recommended approval and the Planning and Zoning Commission forwards a positive recommendation.

SUPPORTING MATERIALS

1. Ordinance 2. Draft Planning and Zoning Commission meeting minutes (July 8, 2015) 3. Planning and Zoning Commission final report 4. Application 5. Ortho map 6. Site pictures 7. Notice of public hearing 8. Notice of public hearing to adjoining property owners 9. Mailing labels for adjoining property owners 10. Rezoning application protest letters analysis STAFF’S RECOMMENDATION Staff recommends approval of the ordinance.

ORDINANCE NO. O-15-__

AN ORDINANCE OF THE CITY OF MISSOURI CITY, TEXAS, CHANGING THE ZONING CLASSIFICATION OF 2.00 ACRES OF LAND FROM LC-3 RETAIL DISTRICT TO I INDUSTRIAL DISTRICT; DESCRIBING SAID 2.00-ACRE TRACT OF LAND; AMENDING THE ZONING DISTRICT MAP OF THE CITY OF MISSOURI CITY; PROVIDING FOR AN AMENDMENT TO THE COMPREHENSIVE PLAN; PROVIDING FOR REPEAL; PROVIDING A PENALTY; PROVIDING FOR SEVERABILITY; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT.

* * * * *

WHEREAS, Advanced Land and Timber Resources, LLC, is the owner of a 2.00- acre tract of land within the corporate limits of the City of Missouri City, Texas (the “Property”); and

WHEREAS, the Property presently has a zoning classification of LC-3 retail district under Ordinance No. O-81-1, adopted on January 19, 1981; and

WHEREAS, the owner’s agent, Dan Muniza of Trammell Crow Company, LLC, has made application to the City of Missouri City to change the zoning classification of the Property from LC-3 retail district to I industrial district; and

WHEREAS, the City of Missouri City has determined it to be in the best interest of its citizens to change the zoning classification of said Property from LC-3 retail district to I industrial district; and

WHEREAS, the Planning and Zoning Commission and the City Council of the City of Missouri City have each conducted, in the time and manner and after the notice required by law and the City of Missouri City Zoning Ordinance, a public hearing on such proposed change in the zoning classification; and

WHEREAS, the Planning and Zoning Commission of the City of Missouri City has issued its final report and the City Council of the City of Missouri City now deems it appropriate to grant such change in zoning classification; now therefore,

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MISSOURI CITY, TEXAS:

Section 1. The facts and recitations set forth in the preamble of this Ordinance are hereby found to be true and correct.

Trammell Crow ZMA Ordinance 2015 Page 1 of 3 Section 2. As required by law, the City Council of the City of Missouri City conducted the public hearing on the request for zoning reclassification and closed the public hearing prior to the final adoption of this Ordinance.

Section 3. The zoning classification of the Property is hereby changed from LC-3 retail district to I industrial district. The Property is more fully described in the legal description in Exhibit “A,” attached hereto and made a part hereof for all purposes, and is depicted in Exhibit “A-1”, attached hereto and made a part hereof for all purposes. Exhibit “A-1” shall be for reference purposes only. In the event that Exhibit “A-1” conflicts with Exhibit “A,” Exhibit “A” shall prevail.

Section 4. The Zoning District Map of the City of Missouri City shall be revised and amended to show the zoning classification of the Property, with the appropriate reference thereon to the number and effective date of this Ordinance and a brief description of the nature of this change.

Section 5. This Ordinance shall in no manner amend, change, supplement, or revise any provision of any ordinance of the City of Missouri City, save and except the changes in zoning classification described in Section 3 hereof and the imposition of the findings, regulations, restrictions, exceptions and conditions contained herein.

Section 6. Comprehensive plan deviation. To the extent this Ordinance represents any deviation from the Future Land Use and Character map of the City of Missouri City Comprehensive Plan, such map is hereby amended to conform with this Ordinance.

Section 7. Repeal. Any ordinance or any other part of any other ordinance in conflict herewith shall be and is hereby repealed only to the extent of such conflict.

Section 8. Penalty. Any person, firm, partnership, association, corporation, company, or organization of any kind who or which violates any provision of this zoning ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed Five Hundred Dollars ($500.00). Each day during which said violation shall exist or occur shall constitute a separate offense. The owner or owners of any property or of premises where any violation of this zoning ordinance shall occur, and any agent, contractor, builder, architect, person, or corporation who shall assist in the commission of such offense shall be guilty of a separate offense unless otherwise prohibited by law and, upon conviction thereof, shall be punished as above provided.

Trammell Crow ZMA Ordinance 2015 Page 2 of 3 Section 9. Severability. In the event any section, paragraph, subdivision, clause, phrase, provision, sentence or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Missouri City, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts.

PASSED and APPROVED on first reading this __ day of ______, 2015.

PASSED, APPROVED and ADOPTED on second and final reading this __ day of ______, 2015.

______Allen Owen, Mayor

ATTEST: APPROVED AS TO FORM:

______Maria Gonzalez, City Secretary E. Joyce Iyamu, City Attorney

Trammell Crow ZMA Ordinance 2015 Page 3 of 3 Exhibit A Page 1 of 2 Exhibit A Page 2 of 2 Exhibit A-1 Page 1 of 2 Exhibit A-1 Page 2 of 2

Legend Park8 Ninety City Limits Line T N S AI M TH OU - S A 90 US

Park 8 Ninety

Park 8 Ninety Subject Site

S C R A V E N Feet S R 400 200 0 400 D R 1 inch = 400 feet D D N E B A M O L A P

MINUTES PLANNING AND ZONING COMMISSION CITY OF MISSOURI CITY, TEXAS July 8, 2015

1. CALL TO ORDER The Notice of Meeting and Agenda having been duly posted in accordance with legal requirements and a quorum being present, the meeting was called to order by Chairman Brown-Marshall, at 7:00 PM.

2. ROLL CALL Commissioners Present: Sonya Brown-Marshall Hugh Brightwell Douglas Parker Courtney Rose Ramesh Anand John O’Malley

Commissioners Absent: Commissioner Gaspar, Commissioner Haney, and Commissioner Goff

Councilmembers Present: Councilmember Emery

Staff Present: Gary Smith, Director of Development Services Robert Upton, City Engineer Jennifer Thomas Gomez, Senior Planner E. Joyce Iyamu, City Attorney Jose Abraham, Planner I Samin Bazargan, Planning Intern Nancy Desobry, Office Manager

Others Present: DRAFT Rene Rodriguez Harry Masterson Jeremy Garner

7. ZONING MAP AMENDMENTS A. PUBLIC HEARING FOR A ZONING MAP AMENDMENT (1) Public hearing to receive comments for or against a request by Dan Muzina of Trammell Crow Company to rezone an approximate 2 acre tract of land from LC-3, Retail district to I, Industrial district; and to the extent such rezoning deviates from the Future Land Use and Character map of the Comprehensive Plan, to provide for an amendment therefrom. The subject site is located south and west of the intersection of the Sam Houston Parkway (Beltway 8) and US 90A – South Main Street and east of South Cravens Road. Ms. Jennifer Thomas Gomez, Senior Planner, presented this item stating Trammell Crow Company is seeking to acquire the subject two acre tract of land for the purpose of developing it as a part of the Park 8 Ninety Business Park. The business park presently has the zoning Planning & Zoning Commission July 8, 2015 Page 2

designation of PD #94. Staff recommends approval of the rezoning the property to I, Industrial District. The proposed rezoning is in conformance with the goals expressed in the City’s Comprehensive Plan and the recommendations contained on the Future Land Use and Character map. Development of the site will be integrated into the overall development of the Park 8 Ninety Business Park.

Mr. Jeremy Garner, Trammell Crow Company, gave an overview of the project.

Motion: To close the public hearing

Made By: Commissioner Brightwell Second: Commissioner Anand

AYES: Chairman Brown-Marshall, Commissioner Parker, Commissioner Brightwell, Commissioner Anand, Commissioner Rose, Commissioner O’Malley NAYS: None

The motion passed.

(2) Consideration of the approval of a Final report to City Council on item 7A(1) above.

Motion: The Planning and Zoning Commission adopt this a final report and forward to City Council with a positive recommendation.

Made By: Commissioner O’Malley Second: Commissioner Anand

AYES: Chairman Brown-Marshall, Commissioner Parker, Commissioner Brightwell, Commissioner Anand, Commissioner Rose, Commissioner O’Malley NAYS: None

The motion passed.

DRAFT

PLANNING AND ZONING COMMISSION FINAL REPORT

AGENDA DATE: August 3, 2015

AGENDA ITEM SUBJECT: Park 8Ninety – LC-3 to I

AGENDA ITEM NUMBER: 7.A.1

PROJECT PLANNER: Jennifer Thomas Gomez, AICP, Senior Planner

APPROVAL: Gary W. Smith, Director of Development Services Sonya Brown-Marshall, Planning and Zoning Commission Chair

Sonya Brown Marshall, Chair

PERMIT NUMBER: 1502255

PROPERTY ID: 0016-00-000-8200-907

LOCATION: Hwy 90A (S Main St)

The subject site is located south and west of the intersection of the Sam Houston Parkway (Beltway 8) and US 90A – South Main Street and east of South Cravens Road.

RECOMMENDED ACTION:

This proposal conforms with Goal 2.2 of the City’s Comprehensive Plan and with the recommendations contained in the Future Land Use and Character Map.

Staff recommends approval to rezone the subject property from LC-3, retail district to I, Industrial district.

The Planning and Zoning Commission adopts this as its Final Report and forwards it to City Council with a positive recommendation for consideration and adoption thereof.

Planning and Zoning Commission Final Report Re: Park 8 Ninety – LC-3 to I August 3, 2015 - Page 2

SUMMARY:

Requested Deviations: Not applicable as this application is a Zoning Map Amendment. If approved, the regulations required for the Industrial use district would apply to the subject property.

GENERAL SITE INFORMATION:

A. Legal Description: The subject property can be described as follows:

Being an approximate 2.000 acres of land, situated in the B.B.B. & C.R.R. Co. Survey, A-116, Fort Bend County, Texas, being all of that called 2.000 acre tract of land conveyed unto Advanced Land & Timber, as recorded under Fort Bend County Clerk’s File (F.B.C.C.F.) No. 2012029896.

B. Size: 2.000 acres

C. Existing Land Use and Zoning Designation: Unimproved / LC-3 retail district

D. Surrounding Land Uses and Zoning Designations:

North: Unimproved / LC-3, retail district

South: State of Texas drainage easement; Unimproved / R-5, townhouse residential district; PD, Planned Development District #94 (Ordinance O-14-37)

East: Unimproved / PD #94

West: Unimproved / PD #94

E. Zoning History:

01-01-1956: Portion of subject site part of the original Missouri City townsite (Ordinance No. 1)

01-19-1981: Subject site zoned LC-3 retail district (Ordinance O-81-01)

Planning and Zoning Commission Final Report Re: Park 8 Ninety – LC-3 to I August 3, 2015 - Page 3

ANALYSIS OF SUBJECT SITE:

A. Development Potential

Conformance with the Comprehensive Plan: The proposed amendment is in conformance with the following Land Use and Community Character goal of the Comprehensive Plan:

Goal 2.2: More varied development to move beyond a “bedroom community” perception of Missouri City.

Conformance with the Land Use Plan: The Future Land Use and Character Map identifies the subject site as Business Park.

The Business Park character district is described as follows:

This designation is for areas already developed as, or envisioned for office, warehousing/distribution, and/or light industrial uses in a campus- like environment. In effect, a Suburban development character is intended, but the separate “BP” designation is used since such areas are specifically devoted to non-residential development and enhancement of the community’s tax base. Even with higher open space standards, a “BP” area typically allows for a significant building footprint since most such developments offer large sites. Such areas are almost always governed by private covenants as well. Both the public and private standards are intended to create a highly attractive business environment that will encourage investors to build quality structures, which sets the tone to attract additional businesses.

In more intensive or industrial-oriented developments, appropriate standards (intensity limits, building materials, higher landscape surface area, screening of outdoor storage and loading areas, etc.) can be applied to the “outer ring” uses that are visible from public rights-of-way and nearby character districts, with reduced standards for those within the interior.

Staff Recommended: Approve rezoning the property to I, industrial District. The proposed rezoning is in conformance with the goals expressed in the City’s Comprehensive Plan and the recommendations contained on the Future Land Use and Character map. Development of the site will be integrated into the overall development of the Park 8 Ninety Business Park.

Planning and Zoning Commission Recommends: To approve as staff recommended.

Planning and Zoning Commission Final Report Re: Park 8 Ninety – LC-3 to I August 3, 2015 - Page 4

B. Ingress and egress. All driveways and off-street parking areas, including locations, shall comply with the City’s Infrastructure Standards.

C. Utilities. All utilities shall comply with the City's Infrastructure Standards.

D. Drainage. All utilities shall comply with the City's Infrastructure Standards.

E. Public safety. The subject site is located within close proximity to existing public facilities that will provide adequate response time.

F. Platting. A preliminary plat including the subject site was conditionally approved by the Commission on December 10, 2014. All conditions placed on the plat have been addressed. A final plat application is required to be submitted in accordance with Section 82, Subdivisions of the City’s Code of Ordinances.

S S L 8 - S S A M H D Legend O V U City Limits Line S L T B O N N I P A K L W C Y M W

n to Ha s rri u F s C o or o H t B un f en ty T o d N S ty Co AI i un M C ty TH OU - S A 90 US

Park 8 Ninety

Park 8 Ninety Subject Property S C R A V E N S R D R D D N E B R Feet A D M 400200 0 400 O W L O A D 1 inch = 400 feet P A E M

ZMA

Park 8 Ninety (LC-3 to I) Highway 90A & Cravens Road

DEVELOPMENT SERVICES - PLANNING DIVISION

1522 TEXAS PARKWAY MISSOURI CITY, TEXAS 77489

NOTICE OF PUBLIC HEARING

DATE OF NOTICE: June 26, 2015

LOCATION/DATE : The Planning and Zoning Commission of the City of Missouri City will hold a public hearing on Wednesday, July 8, 2015, at the City Council Chambers – 2nd Floor, City Hall Building, 1522 Texas Parkway (FM-2234), Missouri City, Texas at 7:00 p.m.

PURPOSE : To receive comments for or against a request by Dan Muniza of Trammell Crow Company to rezone an approximate 2 acre tract of land from LC-3, Retail district to I, Industrial district; and to the extent such rezoning deviates from the Future Land Use and Character map of the Comprehensive Plan, to provide for an amendment therefrom.

SITE LOCATION: The subject site is located south and west of the intersection of the Sam Houston Parkway (Beltway 8) and US 90A – South Main Street and east of South Cravens Road.

SITE LEGAL DESCRIPTION: The subject site can be described being an approximate 2.000 acres of land, situated in the B.B.B. & C.R.R. Co. Survey, A-116, Fort Bend County, Texas, being all of that called 2.000 acre tract of land conveyed unto Advanced Land & Timber, as recorded under Fort Bend County Clerk’s File (F.B.C.C.F.) No. 2012029896.

FOR MORE INFORMATION: Additional information and a map of the subject site are available for review at City Hall, Missouri City, Texas on Monday through Friday from 8:00 a.m. to 4:00 p.m. You may call 281-403-8600 or email the Development Services Department-Planning Division at [email protected] for further information.

WEBSITE www.missouricitytx.gov PHONE 281. 403.8600 FAX 281.208.5551

DEVELOPMENT SERVICES – PLANNING DIVISION

1522 TEXAS PARKWAY MISSOURI CITY, TEXAS 77489

June 25, 2015 CITY OF MISSOURI CITY, TEXAS Planning and Zoning Commission The Planning and Zoning Commission of the City of Missouri City will hold a public hearing: Wednesday, July 8, 2015 City Council Chambers 2nd Floor, City Hall Building 1522 Texas Parkway (FM 2234); 7:00 PM

To receive comments for or against a request by Dan Muniza of Trammell Crow Company to rezone an approximate 2 acre tract of land from LC-3, Retail district to I, Industrial district; and to the extent such rezoning deviates from the Future Land Use and Character map of the Comprehensive Plan, to provide for an amendment therefrom.

This letter is being sent to property owners within 200’ of the subject property as required by law. It is also sent to others on request.

************************************* Dear City Representatives:

____ I/We protest this proposed rezoning because______.

____ I/We support this proposed rezoning because______.

Sincerely, ______Signature Print Name ______Street Address Subdivision ______Return to: Development Services Department Phone Number 1522 Texas Parkway Missouri City, TX 77489 FAX (281) 208-5551 ------The Texas Public Information Act provides the right of the public to access information that governmental bodies produce and how governmental bodies should respond. By submitting this letter to the City, the personal information included can be accessed by the public subject to this Act. Please print and sign your name below if you do not consent to the release of your personal information to the public.

Print Name Signature Mailing labels for adjoining property owners

STATE OF TEXAS AX COUNTY LINE LAND LP P O BOX 1386 300-360 MAIN STREET HOUSTON TX 77251-1386 WINNIPEG MANITOBA CANADA

TX DOT ADVANCED LAND & TIMBER TEXAS TRANSPORTATION P O BOX 1386 P O BOX 5517 COMMISSION HOUSTON TX 77251-1386 SHREVEPORT LA P O BOX 1386 71135-1517 HOUSTON TX 77251-1386 CITY OF HOUSTON C/O REAL ESTATE DEPT ATTN: Mrs. Kimble P O box 1562 HOUSTON TX 77251-1562

Page 1 of 1

City of Missouri City, Texas Development Services Department – Planning Division

REZONING APPLICATION PROTEST LETTERS ANALYSIS

Application: 7a1 – Park 8Ninety – LC-3 to I City Council First Reading: August 3, 2015

Protest Letters Received from Property Owners Within 200 Feet of Subject Site: Property Address Land Area (Square OR Property Owner Name Feet) Within 200 Fort Bend County Feet Account Number None received

Total Area Represented by Protest(s): 0 sq. ft. Total Land Area Including Subject Site: 520,369.19 sq. ft. Subject Site Only Land Area: 87,120 sq. ft. Total Land Area Only Within 200 Feet of Subject Site: 433,249.19 sq. ft. Protest(s) Percentage of Land Area Within 200 Feet: 0 %

Note: A total of 0 letters of support and 0 letters of protest have been received for the application request as of July 24, 2015.

C A Ha R rri f F s C o or ou y n t B n it o en ty T C t d S s Co IN ou un MA ty H H UT SO - 0A S 9 U

Park 8 Ninety

Park 8 Ninety Subject Property S C R A V E LegendN Feet S 400200 0 400 R200'_Buffer D City Limits Line 1 inch = 400 feet R D D N E

the show me city Council Agenda Item August 17, 2015

7. PUBLIC HEARINGS AND RELATED ACTIONS (b) Public Hearings and related actions - There are no Public hearings and related actions on this agenda.

8. APPOINTMENTS - There are no Appointments on this agenda.

the show me city Council Agenda Item Cover Memo August 17, 2015

To: Mayor and City Council Agenda Item: 9(a) Consider awarding a design/build contract for the renovation of the 1st Floor Community Center

Submitted by: Robert D. Upton, P.E. City Engineer/Assistant Director of Public Works

SYNOPSIS

Staff desires to execute a contract with studio M6 for the design/build of the 1st floor Community Center. This contract will be to provide interior modifications and upgrades.

STRATEGIC PLAN 2019 GOALS ADDRESSED

 Create a great place to live  Have quality development through buildout

BACKGROUND

In a special meeting held on April 4th, 2015 with Council, staff presented a schematic design for the 1st floor renovations of the Community Center. This concept included stained concrete, new light fixtures, exposed structural and mechanical, new paint and reduced glass storefront doors.

On July 24, 2015 staff received three proposals for the design/build. They were evaluated and scored based upon qualifications, work plan and schedule, site design, location and past performance. Studio M6, a local Missouri City resident and business owner, has provided a proposal in the amount of $239,949. Studio M6 has shown that they have an intimate understanding of the City’s vision for implementing this project and the objective of completing these tasks by January 30, 2016 which is within the City’s allowable timeframe. Staff anticipates giving a notice to proceed on August 31st, at which time this facility will be closed to all public and staff until the completion of the project.

FISCAL ANALYSIS

Funding Account Project # / Name FY15 Project FY15 FY15 Project Source Number Budgeted Project Requested Available

Bond 403-40-430- 30019 / Renovation at $260,000 $247,720 $239,949 77002 Community Center

SUPPORTING MATERIALS

1. Proposal

STAFF’S RECOMMENDATION

Award a contract with studio M6 the amount of $239,949 for the design/build of the 1st floor Community Center renovations.

the show me city Council Agenda Item Cover Memo August 17, 2015

To: Mayor and City Council Agenda Item: 9(b) Consider rescinding the authorization of May 18, 2015, of the acceptance of an access easement and authorizing the acceptance of a new access easement from Sienna Plantation Levee Improvement District for access to parkland for the Sienna South development.

Submitted by: E. Joyce Iyamu, City Attorney Gary W. Smith, Director of Development Services Randy Troxell, Acting Director of Parks and Recreation

SYNOPSIS

This item provides for acceptance of an access easement from Sienna Plantation Levee Improvement District (SPLID) for access to parkland associated with the Sienna South development. The revised easement includes Toll-GTIS Property Owner, LLC (Toll) and Sienna Plantation Municipal Utility District Number 5 (Sienna MUD No. 5) as parties on the easement.

STRATEGIC PLAN 2019 GOALS ADDRESSED

 Have a Quality Development Through Buildout

BACKGROUND

The proposed access to the parkland for the Sienna South development crosses land owned by the SPLID. On May 18, 2015, the City Council accepted an access easement from the SPLID for access to parkland associated with the Sienna South development. After that acceptance, the SPLID submitted significant changes to the previously approved easement. After working with staff, the SPLID, Toll, and Sienna MUD No. 5 have agreed to a revised easement that provides for the maintenance of the SPLID’s access to the levee and for the payment of certain costs upon the relocation of the proposed easement. This easement document provides the necessary access to the City which, combined with the previously approved access from Toll, provides all necessary access to the parkland.

SUPPORTING MATERIALS

1. Revised easement

STAFF’S RECOMMENDATION

Staff recommends acceptance of the easement contingent upon receipt of the executed easement.

ACCESS EASEMENT (0.290 Acre)

NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER.

THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF FORT BEND §

THAT SIENNA PLANTATION LEVEE IMPROVEMENT DISTRICT OF FORT BEND COUNTY, TEXAS , a political subdivision of the State of Texas (“Grantor”), for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has GRANTED, SOLD, AND CONVEYED and by these presents, does GRANT, SELL, AND CONVEY unto CITY OF MISSOURI CITY , a Texas home-rule municipality, and its successors and assigns in interest (“Grantee”), a non-exclusive easement and right-of-way (the “Easement”) for the provision of an access road (“Access Road”) for vehicular and pedestrian ingress and egress across, along, under, and upon that certain tract of land located in Fort Bend County, Texas, containing 0.290 acre, as more particularly described in and shown on Exhibit A attached hereto and incorporated herein for all purposes (the “Easement Tract”). The Easement Tract is used by Grantor for a flood protection levee and outfall drainage channel (the “Flood Protection Facilities”). Such Easement Tract is to provide access to a 70 acre tract to be dedicated by TOLL -GTIS PROPERTY OWNER LLC (“Toll”) for City parkland (the “City Parkland”), a description of which is attached hereto as Exhibit B. The City Parkland will primarily benefit residents in an area subject to the jurisdiction of SIENNA PLANTATION MUNICIPAL UTILITY DISTRICT NUMBER 5 (“Sienna MUD No. 5”)

Grantor and Grantee acknowledge and agree that this Easement is for the purpose of constructing, installing, repairing, replacing, removing, maintaining, and operating the Access Road and all appurtenances thereto, and re-establishing vegetative cover on the disturbed areas within the Easement Tract.

Subject to the limitations set forth in this Easement, Grantee may have such access across, over, and upon the Easement Tract and may enter upon the Easement Tract to engage in such activities as may be necessary, requisite, convenient, or appropriate in connection with the Easement. Grantee’s rights shall include the right to bring and operate such equipment thereupon as may be necessary, requisite, convenient, or appropriate to effectuate the purposes for which this Easement is granted. Grantee will at all times, after doing any work in connection with the Easement hereby conveyed, restore the premises as nearly as practicable to its condition prior to the undertaking of such work, including the re-establishment of turf as determined by the Grantor’s operator; provided, however that Grantee shall not be obligated to replace or restore any trees, overhanging limbs, growth, brush, shrubbery, improvements, or other natural or non-natural obstructions that interfere with Grantee’s use of the Easement Tract for the purposes set forth herein. All of Grantee’s activities on

Grantor’s property shall be limited to the Easement Tract. Parking of vehicles within the Easement Tract shall not be permitted. Vehicles and equipment shall be parked outside of the Easement Tract when not in use. All equipment shall be removed from the Easement Tract during non-working hours.

Grantee further acknowledges that utilization of the Easement Tract for construction, installation, repair, replacement or removal of the Access Road and access by heavy machinery or trucks may be dangerous, may cause damage to or undermine the integrity of the Flood Protection Facilities and that Grantor’s rights to use the Easement Tract for the Flood Protection Facilities are superior to the rights granted to Grantee hereunder (“Grantor’s Superior Rights”); provided, however, that such use and enjoyment of the surface of the Easement Tract shall not impair, interfere with, obstruct, or restrict the full and complete use and enjoyment of the Easement Tract by Grantee, its successors and assigns, for the purposes set forth herein. Notwithstanding anything herein to the contrary, Grantor, its successors and assigns, shall not, without the prior written consent of Grantee: (i) construct or place or allow to be constructed or placed any fences, houses, buildings, structures, or other above-ground improvements, or other obstructions, whether temporary or permanent, or plant or locate any trees or shrubs on the Easement Tract; (ii) install or permit the installation of pipelines or other underground facilities within the Easement Tract; or (iii) dedicate other easements within the Easement Tract. If Grantor constructs, places, installs, or permits any construction, placement or installation that obstructs, restricts, or interferes with Grantee’s full and complete use and enjoyment of the Easement Tract for the purposes set forth herein, Grantee, its successors and assigns, at the expense of Grantor, its successors and assigns, shall have the right to prevent or remove such obstruction without obligation to restore the same or any liability to Grantor or Grantor’s successors or assigns.

Grantor shall also have the right to relocate the Easement Tract at the sole expense of Grantor to a different location on Grantor’s property so long as (1) the relocated access easement tract provides Grantee with substantially the same access to its City Parkland as provided by the existing Easement Tract and (2) such relocation is at the request of Grantor and for a purpose other than compliance with a local, state, or federal law, rule, or regulation. Grantor acknowledges and agrees to pay such relocation costs. Grantor shall also have the right to relocate the Easement Tract at the sole expense of Sienna MUD No. 5 to a different location on Grantor’s property so long as (1) the relocated access easement tract provides Grantee with substantially the same access to its City Parkland as provided by the existing Easement Tract and (2) such relocation is due to compliance with a flood protection- related local, state, or federal law, rule, or regulation. Sienna MUD No. 5 acknowledges and agrees to pay such relocation costs. Grantee shall also have the right to relocate the Easement Tract at the sole expense of Toll to a different location on Grantor’s property so long as (1) the relocated access easement tract provides Grantee with substantially the same access to its City Parkland as provided by the existing Easement Tract and (2) such relocation is at the request of Toll and for a purpose other than compliance with a local, state, or federal law, rule, or regulation. Toll acknowledges and agrees to pay such relocation costs if it has requested such relocation by the Grantee. Grantee shall give prior written notice to Grantor of any relocation, which notice shall include the metes and bounds description of the relocated access easement tract. At such time, the parties shall execute an amendment to this instrument in recordable form to replace the existing Easement Tract with the -2- 4829-1770-8580, v. 1

relocated access easement tract for all purposes hereunder, which instrument shall also contain provisions expressly terminating Grantee’s rights and interests in and to the existing Easement Tract.

Grantee further acknowledges that Grantee’s activities within the Easement Tract are performed at Grantee’s sole risk.

Grantee shall not commence any work upon the Access Road until the plans and specifications for such work have been reviewed and approved in writing by Grantor’s Engineer. Grantor’s Engineer and Grantor’s Operator, shall be notified at least 2 business days prior to commencement of any construction, installation, repair, replacement, removal, or maintenance operations within the Easement Tract by Grantee, its contractors, or other representatives. Contact Mr. Michael Rusk, P. E. at 713-953-5181 and Mr. Jeff Perry at 281-240-6454.

Further, Grantee agrees that after doing any work in connection with the Easement Tract hereby conveyed, to restore, as nearly as practicable, the Easement Tract to its condition prior to the undertaking of such work, including, without limitation, removing all spoil generated by Grantee’s or its contractors’ activities within the Easement Tract; provided, however that Grantee shall not be obligated to replace or restore any trees, overhanging limbs, growth, brush, shrubbery, improvements, or other natural or non-natural obstructions that interfere with Grantee’s use of the Easement Tract for the purposes set forth herein. If Grantee fails to repair or restore the Easement Tract as nearly as practicable to its condition prior to the undertaking of the Access Road construction, installation, repair, replacement or removal and to the satisfaction of Grantor within 30 days of the completion of any such work to the Access Road, Grantor may notify Grantee of such dissatisfaction in writing and may require Grantee to repair or restore the Easement Tract to Grantor’s satisfaction within 60 days of the date such notice is received by the Grantee. If Grantee fails to repair or restore the Easement Tract to the satisfaction of Grantor within such 60 days, Grantor may elect to complete such repair or restoration and charge Grantee at an amount mutually agreed upon by Grantee and Grantor for such repair or restoration.

Grantor reserves all oil, gas, and other minerals in, on, or under the Easement Tract, but waives all rights to use the surface of the Easement Tract for, and all rights of ingress and egress, for, the purpose of exploring, developing, mining, or drilling for the same; provided, however, that nothing herein shall prohibit or in any manner restrict the right of Grantor to extract oil, gas, and other minerals by directional drilling or other means that does not interfere with or disturb the surface of the Easement Tract or Grantee’s use of the Easement for the purposes set forth herein.

This conveyance is further made subject to any and all restrictions, covenants, easements, rights-of-way, encumbrances and mineral or royalty reservations or interests affecting the Easement Tract and appearing of record in the Official Public Records of Fort Bend County, Texas, to the extent in effect and validly enforceable against the Easement Tract (the “Permitted Encumbrances”); provided, however, to the extent that Grantor has the ability to enforce any of the Permitted Encumbrances, Grantor will not do so in a manner that would unreasonably prejudice or interfere with Grantee’s exercise of its rights in the Easement and use of the Easement Tract for the purposes set forth herein.

-3- 4829-1770-8580, v. 1

TO HAVE AND TO HOLD, subject to the matters set forth herein, the Easement, together with all and singular the rights and appurtenances thereto in any wise belonging, including all necessary rights to ingress, egress, and regress, unto Grantee, its successors and assigns, forever. Grantor does hereby bind itself and its successors and assigns to WARRANT AND FOREVER DEFEND, all and singular the Easement and right-of-way and other rights described herein unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise, subject only to the Permitted Encumbrances.

The covenants and agreements contained herein shall run with the land and shall inure to the benefit of and shall be binding upon Grantor, Grantee, Toll and their respective successors and assigns.

The individual signing this instrument on behalf of Grantor, represents that he/she has the requisite authority to bind Grantor.

Neither party’s failure to insist on strict performance of any part of this instrument shall be construed as a waiver of the performance in any other instance.

This instrument shall be interpreted and construed in accordance with the laws of the State of Texas, without regard to conflict of laws, principles, and venue for any suit, action, or proceeding instituted in connection with any controversy arising out of this instrument or the Easement shall be the state courts situated in Fort Bend County, Texas.

This instrument may be executed in multiple counterparts, each of which shall be deemed an original, and all of which, taken together, shall constitute one instrument.

Grantor’s address is c/o The Muller Law Group, PLLC, 16555 Southwest Freeway, Suite 200, Sugar Land, Texas 77479.

[Signature pages follow this page.]

EXECUTED this ______day of ______, 2015.

GRANTOR:

SIENNA PLANTATION LEVEE IMPROVEMENT DISTRICT OF FORT BEND COUNTY, TEXAS , a political subdivision of the State of Texas

By: -4- 4829-1770-8580, v. 1

Name: Title: ATTEST:

By: Name: Title:

THE STATE OF TEXAS § § COUNTY OF ______§

This instrument was acknowledged before me on the ______day of ______, 2015, by ______, ______, and ______, ______, of the Board of Directors of SIENNA PLANTATION LEVEE IMPROVEMENT DISTRICT OF FORT BEND COUNTY, TEXAS, a political subdivision of the State of Texas, on behalf of said political subdivision.

Notary Public, State of Texas

(PLACE NOTARY SEAL ABOVE)

-5- 4829-1770-8580, v. 1

EXECUTED by Grantee on the date set forth in the acknowledgment below, but AGREED to, ACCEPTED, and EFFECTIVE as of the date executed by Grantor.

GRANTEE:

CITY OF MISSOURI CITY, TEXAS

By: Allen Owen Mayor

ATTEST:

By: Name: Title:

THE STATE OF TEXAS § § COUNTY OF ______§

This instrument was acknowledged before me on the ______day of ______, 2015, by Allen Owen, Mayor, and ______, ______, of CITY OF MISSOURI CITY, a Texas home-rule municipality, on behalf of said municipality.

Notary Public, State of Texas

(PLACE NOTARY SEAL ABOVE)

-6- 4829-1770-8580, v. 1

EXECUTED by Toll on the date set forth in the acknowledgment below, but AGREED to, ACCEPTED, and EFFECTIVE as of the date executed by Grantor.

TOLL GTIS PROPERTY OWNER LLC:

By: ______Authorized Representative

ATTEST:

By: Name: Title:

THE STATE OF TEXAS § § COUNTY OF ______§

This instrument was acknowledged before me on the ______day of ______, 2015, by ______, ______, and ______, ______, of TOLL- GTIS PROPERTY OWNER, a Texas limited liability company, on behalf of said company.

Notary Public, State of Texas

(PLACE NOTARY SEAL ABOVE)

-7- 4829-1770-8580, v. 1

EXECUTED by Sienna MUD No. 5 on the date set forth in the acknowledgment below, but AGREED to, ACCEPTED, and EFFECTIVE as of the date executed by Grantor.

SIENNA PLANTATION MUNICIPAL UTILITY DISTRICT NUMBER 5:

By: ______Authorized Representative

ATTEST:

By: Name: Title:

THE STATE OF TEXAS § § COUNTY OF ______§

This instrument was acknowledged before me on the ______day of ______, 2015, by ______, ______, and ______, ______, of SIENNA PLANTATION MUNICIPAL UTILITY DISTRICT NUMBER 5, a conservation and reclamation district created pursuant to Article 16, Section 59 of the Texas Constitution.

Notary Public, State of Texas

(PLACE NOTARY SEAL ABOVE)

-8- 4829-1770-8580, v. 1

Exhibit h Pag~ 1 of 3 Pages

County: Fort Bend Project: Sienna South Job No. 144906 MBSNo. 14-076 (Revised)

fIELD NOTES FOR 70.426 ACRES

Being a tractcPntaining 70.426 ac~ of land, located in the William Han Survey, Abstract 31, in Fort Bend COunty, r."xas; Said 70.426 acre tract being a portion af a call 552.198 acre tract s~led as Tract "C" lIod recorded. in the ruune of ToJ]..GTIS Property Owner LLC in Fil~ Number 2~13153797 of the OffiQial Records of Folt Bend County (O,R.F .B.C)~ Said 70.426 IICl;.e tract being mQre particlliarly. described by metes and bolmds description as follows (bearings' being based on the Texas Coordinate System, South Central Zone, NAn 83, as derived from GPS Observations);

Comme~~_ a II2-incb iron pipe found at the southwesterly comer of said 552.198 acres and on the easterly hlgb. bank of the Brazos River from which the southeasterly comer of said 5-'52.198 acre tract bears North 86 degrees 51 minutes 14 !teOOnds East, a di~nce of793.46 fee~

Thence, with said high bank and the westerly line of said 552.198 acretraot, the foUowing se-ven~n (17) coarses:

1) North 12 degrees 35 minutes 53 seconds West, a distance of75.70 feet;

2) North 28 degrees 39 minutes 52 seconds West, a diSWlce of 194.14 feet;

3) North 18 degrees 15 minutes 07 seconds West, a distani;e of 195.89 feet;

4) North 29 degrees 03 minutes 32 seconds West, a distance of211.32 feet;

S) N,orth 42,degrees 12 minutes 15 SCCQflds West, a distance .0043.82 feet;

6) 'N0l1h 34 degrees 2ti minutes 2! seconds West, a distaooe .of 445.40 feet;

7) 'North 54 degrees 52 minutes 29 seconds West. a distance of 231.24 feet;

8) NOIIh S7 degrees S8 mitmws 07 ~ West. a distance of 435.10 feet;

9) North 60 degrees 41 minutes 32 seconds West, a distance of378.21 feet;

JO) South 87 degrees 48 minutes 34 seconds West, a distance .of 140.52 feet;

11) North 73 degrees 1.0 minutes 41 seconds West, a distance of 216.61 feet;

12) NortP 72 d~ 18 mi.n;utes 5-(} seconds West, a dist,ance of 273.40 feet;

13) N(}rih.62 degrees 04 miputes 37 seco .nd~ West, a distance of 528.32 feet;

14) NortbS2 degrees 34 minutes 25 seconds West, a distance of270.18 feet;

15) Nortb 39 Qewees O~ minutes 09 geCOnds West. a distance of$21.48 feet; Exhibit ~ Page 2of 3 Pages

\6) North 44 ~ 22 minutes 54 seronds West,a distance of284. 74 feet;

17) North 30 degrees 56 1llinute5 17 seconds W"e$t, a distance of 10$.80 feet to the Point of Begin nlag of the .herein described ttact;

~~ contimrins with aaid westerly lin~ H1e following eight (8) courses:

1) North 30 degrees-56 minutes 17 seconds West, a distance of63.20 feet;

2) NQ!1h2} ~ 43 minutes 20 seconds West, a distance of 157.53 feet;

3) North 24 degrees 3.8 minutes 14 seconQs West, a distance of202.7 J feet;

4) North 17 ~ 25 mmutes,05 seconds West. a distance of 137.23 feet;

5) Nonh 22"degrees 16 minutes 10 seconds West, a distance of 163.38 feet;

6) North 17dcgJeeS 08 minutes 05 seconds West, a distance of 243 .06 feet;

7) North lO~grees 50 minutes 08 seconds West, a d:is@nce of 479.65 feel;

8.) North 09 de,~ 43 minutes (JO JeC.Onds Wt;st, a distance of 283.5.3 feet;

Thencc,Jeavin~ said westerly line, through and across. said 552:19'8 acre tr8Ct~ the folllklwing nine (9) courses:

1) North 71 degrees 21 minutes 23 seconds East, a distance of 2078.92 feet,

2) Southl7 degrees 56 minutes 47 seconds East, a distance of230.69 feet;

3). South 13 degrees 56 minutes 47 seconds East, a.distance of 872,36 f~t ;

4) Sctuth 65~ 22 minutes 4\ seconds West, a distance of 13$.63 feet;

5) Soutft S2 degrees 40 minutes 44 seconds West, a distance of \90.96 f~t;

6) South 46 ~ 05 minutes 20 seconds West, a distance of 73K26 feet;

1) South . ~ t degrees 17 minutes 00 seconds West. a d~nce of ~97 .02 feet;

8) South 55tiegrees 59 minutes L6 ~nds W~t, a distance of 261.34 feet;

9) South OOdesrees 15 mim,ltes 21 seconds West, a distance of646.9i feet to·thePoint of &gin a.inl , and ;~ning 70.426 acres of land.

GBtPARTNERS~ L.P. Ph: 281.499.45)9 M~jl.20~4 (Revised: AprillO. 2014)

I I 1 f I I \ \ \ \ 1 \ \ I i

EXHIBIT OF 70.426 _. ACRES §SING ... PMTiON ·()F A'CALL 522J98 JCRi am PAR'FNERB..L.P. TRAct STYLED AS JRKT "(:ANI) ·RfCQRDED , *< ·_9 . · ; IN. THE /fNiE .QF rOLL-QTfS PR(JPEflTY j (JIINf.:R u.CJN FILE .N!J. 201~J55T97 'JF ! THE ME.BC. LOCAl'£O IN ~ I WflUcAM HALL SURVEY. A.. 31 1 FORT BEND COUNTY. TEXAS

the show me city Council Agenda Item Cover Memo August 17, 2015

To: Mayor and City Council Agenda Item: 9(c) Consider authorizing the Mayor to send a letter of request to Fort Bend County for cost participation in Sta-Mo Park.

Submitted by: Scott R. Elmer, P.E., Asst. City Manager

SYNOPSIS

Sta-Mo Park serves a significant number of athletic league participants that are not residents of either Missouri City or Stafford. Authorization is sought for the Mayor to request cost-participation by Fort Bend County.

STRATEGIC PLAN 2019 GOALS ADDRESSED

 Create a Great Place to Live  Maintain A Financially Sound City Government

BACKGROUND

In 1984, Missouri City acquired the property for Sta-Mo Park to address the unmet needs of area residents for a sports complex. The park is located at the edge of Missouri City city limits, being bounded by unincorporated Fort Bend County on two sides and near the City of Stafford. The park is heavily utilized by sports leagues and currently serves 403 participants in dedicated leagues. League membership rosters for 2013-2014 show that of the 403 league users, 24% were Missouri City residents, 18% Stafford residents and 58% residents of neither city. Recognizing that the park served users from multiple jurisdictions, the City of Stafford partnered in the operations and maintenance of Sta-Mo Park based upon the percentage of Stafford residents utilizing the park. Since 1998, Stafford’s cost participation has ranged from 18% to 35%, with Missouri City paying the remainder composed of city residents and non-residents. While Missouri City parks are open to the general public regardless of residency, the unique location of Sta-Mo Park and the nature of the sports complex results in both higher operational costs than a typical park and a larger percentage of non-city residents than the typical city park.

In keeping with the 1998 agreement philosophy between Missouri City and Stafford, it is recommended that the City request cost participation from Fort bend County to help cover the cost of the 58% of non-city park users.

SUPPORTING MATERIALS

1. Proposed Letter of Request

2. Map of location of Sta-Mo Park 3. 2013/2014 Participant and cost share breakdown between COMC and Stafford

STAFF’S RECOMMENDATION Authorize the Mayor to send a letter of request.

The Cities of Missouri City & Stafford, Texas

1522 Texas Parkway 2610 South Main Missouri City, Texas 77489 Stafford, Texas 77477 Phone: 281-403-8500 (281) 261-3900 www.missouricitytx.gov www.cityofstafford.com

August 17, 2015

Honorable Robert Hebert County Judge Fort Bend County 401 Jackson St. Richmond, TX 77469

Subject: Sta-Mo Park

Dear Judge Hebert;

The cities of Missouri City and Stafford believe that strong parks provide for a healthier environment, improve the wellbeing of citizens, enhance public safety, and are one of the most visible elements of our government at work. Fort Bend County’s actions over the years show that the County realizes and values the benefits of parks to county residents. Therefore, it is the request of the Cities of Missouri City and Stafford that the County consider a cost participation in Sta-Mo Park, so the residents of the county and the cities continue to be provided with quality recreational opportunities.

THE CITIES OF MISSOURI CITY & STAFFORD, TEXAS

The Cities of Missouri City & Stafford, Texas

Thank you for the consideration of our request. If you have any questions or would like to discuss the matter further, we would be happy to meet with you at your convenience.

Sincerely,

______

Allen Owen, Mayor Leonard Scarcella, Mayor Missouri City, Texas Stafford, Texas

SRE: sre

Attachments: Location Map of Sta-Mo Park 2013/2014 Sta-Mo Park Pro-rata expenditures

THE CITIES OF MISSOURI CITY & STAFFORD, TEXAS

the show me city Council Agenda Item Cover Memo August 17, 2015

To: Mayor and City Council Agenda Item: 10(a)-10(b) Consider an ordinance of the City of Missouri City, Texas, granting to Waste Corporation of Texas, L.P., a Delaware limited partnership and wholly-owned subsidiary of WCA Waste Corporation, a Delaware Corporation, the right, privilege and franchise to use the public rights-of-way to conduct a solid waste collection service business within the City of Missouri City, Texas.

Submitted by: Bill Atkinson, Acting City Manager

SYNOPSIS

Item 10(a) provides for Council consideration of the granting of the right, privilege and non-exclusive franchise to use the public rights-of-way to conduct a solid waste collection service business for residential customers within the City of Missouri City, Texas. This is the second of three readings.

Item 10(b) provides for Council consideration of the granting of the right, privilege and exclusive franchise to use the public rights-of-way to conduct a solid waste collection service business for commercial customers within the City of Missouri City, Texas. This is the first of second readings.

STRATEGIC PLAN 2019 GOALS ADDRESSED

 Have a Quality Development through Buildout

BACKGROUND

Chapter 78 Solid Waste provides the rules and regulations related to solid waste franchises, including a franchise fee of 5% of gross receipts. At the July 20, 2015 meeting, the City Council authorized the negotiation and execution of a contract with Waste Corporation of Texas, L.P., a Delaware limited partnership and wholly-owned subsidiary of WCA Waste Corporation, a Delaware Corporation to provide residential and commercial solid waste services within the City.

Through these items, the City hereby grants to each company, its successors and assigns, the right, privilege and franchise to use the public rights-of-way to conduct a solid waste collection service business subject to the terms, conditions and provisions of this Franchise, the City Charter, the Missouri City Code, and the agreement authorized by City Council on July 20, 2015. The term of the agreement will commence on January 1, 2016 and remain in full force until December 31, 2022.

FISCAL ANALYSIS

The fee is projected at 5% of the service which is charged by the provider and then submitted to the city on residential customers to be an estimated $121,222 annually. This is based on an estimated annual residential contract of $2,424,450.

The fee is projected at 5% of the service which is charged by the provider and then submitted to the city on commercial customers to be an estimated $61,011 annually. This is based on an estimated annual commercial contract of $1,220,238.

Thus commercial and residential franchise fees collections are estimated at $182,234 annually.

SUPPORTING MATERIALS

1. Ordinance 2. Changes marked

STAFF’S RECOMMENDATION

Staff recommends approval on both the residential and commercial solid waste franchise ordinances for Waste Corporation of Texas, L.P.

ORDINANCE NO. O-15-__

AN ORDINANCE OF THE CITY OF MISSOURI CITY, TEXAS, GRANTING TO WASTE CORPORATION OF TEXAS, L.P., A DELAWARE LIMITED PARTNERSHIP AND WHOLLY-OWNED SUBSIDIARY OF WCA WASTE CORPORATION, A DELAWARE CORPORATION, THE RIGHT, PRIVILEGE, AND FRANCHISE TO USE THE PUBLIC RIGHTS-OF-WAY TO CONDUCT A SOLID WASTE COLLECTION SERVICE BUSINESS FOR RESIDENTIAL CUSTOMERS WITHIN THE CITY OF MISSOURI CITY, TEXAS; PROVIDING A TERM; PROVIDING FOR REPEAL; PROVIDING A PENALTY; AND PROVIDING FOR SEVERABILITY. * * * * *

WHEREAS, the City of Missouri City (the "City") is authorized to grant franchises for the provision of solid waste collection services to premises within the City of Missouri City; and WHEREAS, Waste Corporation of Texas, LP, a Delaware limited partnership and wholly owned subsidiary of WCA Waste Corporation, a Delaware corporation ("Company"), owns and operates a solid waste collection service business operating, or capable of operating, within the territorial limits of the City and Company is willing to provide solid waste collection services within the territorial limits of the City; and WHEREAS, it is hereby found and determined by the City Council of the City of Missouri City that it is in the best interests of the City that the City grant a Franchise to Company for the right to use the public rights-of-way to conduct a solid waste collection service business for residential customers in the City, subject to the terms and conditions described in this ordinance; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MISSOURI CITY, TEXAS: Section 1. That the facts contained in the preamble to this Ordinance are determined to be true and correct and are hereby adopted. Section 2. Definitions. All terms and phrases used herein shall have the meanings ascribed to them in the City Charter or the Missouri City Code, as presently adopted or as it may be hereafter amended from time to time, and all such definitions are hereby incorporated herein; in addition, the following terms, phrases, words, and their derivations shall have the meaning given herein unless more specifically defined within other sections of this ordinance. When not inconsistent with the context, words used in the present tense include the future tense; words in the plural number include the singular number; words in the singular number include the plural number; and the use of any gender shall be applicable to all genders. The word "shall" is always mandatory, and not merely directory. The word "may" is not mandatory and is merely permissive. Words not defined as provided by this section shall be given their common and ordinary meaning.

WCA Residential Franchise 2015 Page 1 of 12

A. Company means Waste Corporation of Texas, LP, a Delaware limited partnership and wholly owned subsidiary of WCA Waste Corporation, a Delaware corporation. B. Effective Date means January 1, 2016. C. Force Majeure means forces or conditions not reasonably within the control of a party, including a strike; war or act of war (whether an actual declaration of war is made or not); insurrection; riot; act of public enemy; accident; fire; flood or other act of God; sabotage; shortages in materials, supplies and equipment; governmental regulations, limitations and restrictions as to the use and availability of materials, supplies and equipment and as to the use of services; unforeseen and unusual demands for service; or other events, where the affected party has exercised all due care in the prevention thereof and such causes or other events are without the fault or negligence of the affected party. D. Franchise means this Ordinance and the rights and privileges granted by this Ordinance. E. Franchise Area means the area within the territorial limits of the City as of the Effective Date and as same may change from time to time during the term of the Franchise. F. Franchise Fee has the meaning set forth in Section 7 below. G. Public Rights-of-Way means the area in, under, upon, over, across, and along any and all of the present and future Streets now or hereafter owned or controlled by the City. H. Retail Customer means any Person who is receiving solid waste collection services at a residential unit pursuant to the agreement authorized by the City Council on or about July 20, 2015, as such agreement may be amended during the term of this Franchise, from Company within the Franchise Area. I. Street means the surface and the space above and below any public street, road, highway, alley, bridge, utility easement, sidewalk or other property owned or controlled by the City. J. System means Company's facilities erected, constructed, maintained, operated, used, extended, removed, replaced, and repaired, as necessary, by Company pursuant to this Franchise necessary and proper for the purpose of operating a solid waste collection service business in the Franchise Area. Section 3. Franchise. A. The City hereby grants to Company, its successors and assigns, the right, privilege and franchise to use the Public Rights-of-Way to use Company's System to conduct within the Franchise Area a solid waste

WCA Residential Franchise 2015 Page 2 of 12

collection service business for Retail Customers subject to the terms, conditions and provisions of this Franchise, the City Charter, the Missouri City Code, and the agreement authorized by the City Council on or about July 20, 2015, as such agreement may be amended during the term of this Franchise. This Franchise does not restrict the City's right to impose reasonable fees upon third parties for the use of the Public Rights-of-Way to provide other services. B. In order to amend the Franchise in such a way that substantially changes the scope, terms, or obligations of the franchise, or to assign, transfer, mortgage, or pledge a franchise, Company must make an application for a new franchise in the manner provided for the City Code. C. Company shall notify the City within 10 days of a change of its address or telephone number, its form of business, or its executive officers in the manner provided in Section 14, below. Section 4. Acceptance by Company; term. A. Within 30 days following the final passage and approval of this Ordinance, Company shall file with the City Manager an executed Acceptance by Company in substantially the same form as shown in Exhibit "A" to this Ordinance. Such Acceptance by Company shall be by appropriate authorized corporate resolutions in a form acceptable to the City Attorney. In the event such acceptance is not filed within such period, this Ordinance and the rights and privileges hereby granted shall be and become terminated, null, and void. B. If accepted by Company as provided above, this Ordinance and Franchise shall become effective for a term and period from the Effective Date and shall remain in full force and effect until December 31, 2022. Section 5. Right to Purchase. The City shall have the right at any time within five (5) years of the expiration of the term of this Franchise to purchase the personal property of the Company used in the performance of solid waste collection services performed pursuant to this Franchise. In the event the City and Company cannot agree upon the reasonable fair value of the personal property, the reasonable fair value of the franchisee's personal property shall be established by a majority vote of three appraisers with one appraiser selected by the City, one appraiser selected by Company, and one appraiser selected by the other two appraisers. If the two appraisers are unable to agree upon the third appraiser, then the third appraiser shall be selected by order of a court of competent jurisdiction. Section 6. Service Standards. A. Except as provided in this section, Company shall conduct its solid waste collection service in substantial accordance with Company's own service

WCA Residential Franchise 2015 Page 3 of 12

standards. Company shall determine the specific location and the method of operating its System in order to provide solid waste collection services. B. Requirements for Solid Waste Collection Vehicles. Company shall use only vehicles meeting standards and inspection requirements as set forth by the laws of the State for regular municipal solid waste collection services. Company shall provide, at all times, well maintained vehicles and equipment and keep them in good repair, clean and sanitary, and free of leaks and excessive emissions. Company shall contain, enclose, or tie all Solid Waste in a manner that prevents spilling, leaking, or blowing. Company shall be responsible for immediate cleanup of all leakage, spillage, and blown debris resulting from Company's vehicles or equipment. Company shall operate all vehicles and equipment in compliance with all laws and manufacturers' specifications. Company's name and telephone number shall be clearly marked on both sides of each vehicle or equipment. C. The service furnished hereunder to the City and its inhabitants shall be first- class in all respects, considering all circumstances, and Company shall furnish the grade of service to Retail Customers as provided by its rate schedules and shall maintain its System in reasonable operating condition during the continuance of this Franchise. D. Company shall submit to the city written reports regarding the number and type of service issues as required by the agreement authorized by the City Council on or about July 20, 2015, as such agreement may be amended during the term of this Franchise. E. Upon reasonable request by the Franchise Area, Company shall provide knowledgeable representatives to attend the City Council meetings to address reliability and quality of service issues and Company's plans for upcoming capital investment in the Franchise Area. In any Force Majeure event, Company shall do all things reasonably within its power to restore normal service. Section 7. Franchise Fee. A. In consideration for the rights and privileges herein granted, Company agrees to pay to the City a Franchise Fee. The Company may pass on and charge the Franchise Fee to each Retail Customer. Payment of the Franchise Fee shall be the total compensation payable to the City in consideration for the right, privilege and franchise herein conferred for Company's use of the Public Rights-of-Way to conduct its business for the provision of solid waste collection services. B. The Franchise Fee shall be calculated as follows: 5% of the gross receipts received by Company. The Franchise Fee shall be calculated each calendar month based on the gross receipts received during that month. C. The Franchise Fee must be paid on or before the 30th day of the month following the month for which it is paid. If a payment is received later than 30th day

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of the month following the month for which it is paid, interest shall accrue at the rate of 10 percent a year from the day after the money became due, compounded daily, until the Franchise Fee payment is made. Section 8. Audits. Company shall maintain, at a single location in the Houston metropolitan area, adequate financial records documenting all of its solid waste collection service transactions within the Franchise Area. The records must be maintained in accordance with generally-accepted accounting and government-auditing standards. Company may be audited by the City as often as the City deems necessary to ensure compliance with this Franchise. All books and records related to Company's operations under this Franchise shall be available to the City. Upon receipt of a written request from the City, such documents shall be made available for inspection and copying no later than five (5) days from the receipt of such request. Section 9. Exclusivity of Franchise. Nothing contained in this Franchise shall ever be construed as conferring upon Company any exclusive rights or privileges of any nature whatsoever. This Franchise shall only allow Company to operate a solid waste collection service business for Retail Customers within the Franchise Area. Section 10. Breach of Franchise; notice; remedies. A. Material Breach of Franchise. In addition to all rights and powers of the City that are provided by virtue of this Franchise or otherwise, the City reserves as an additional, separate, and distinct power the right to take any of the actions described herein in accordance with the procedures specified herein if any of the following events occur or for any of the following reasons: 1. Company, by act or omission, violates any material term, condition, or provision of this Franchise; 2. Company knowingly or willingly attempts to evade any material provision of this Franchise; or 3. Company attempts to or does practice any fraud or deceit in its conduct or relations under this Franchise with the City, Retail Customers, or potential Retail Customers. B. Notice of Default; Opportunity to Remedy. The City Council shall exercise the rights provided in this Section in accordance with the procedures set forth herein. 1. The City shall notify Company, in writing, of an alleged failure to comply with a material provision of this Franchise, which notice shall specify the alleged failure with reasonable particularity. Company shall, within thirty (30) days after receipt of such notice, remedy such alleged failure. 2. The City shall determine, in good faith, (a) whether a failure to comply with a material provision has occurred; (b) whether such failure is excusable; and (c) whether such failure has been remedied or will be

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remedied by Company. Company shall make available to the City, if requested, any records, documents or other information necessary to make the determination. If the City determines that the failure will be remedied by Company, but Company fails to remedy, the City may, without further notice to Company, proceed under the provisions of Section 10.C. hereof. 3. If the City determines that a failure to comply with a material provision has occurred and that such failure is not excusable and has not been or will not be remedied by Company in a manner and in accordance with a schedule reasonably satisfactory to the City, the City may take any actions provided in Section 10.C. hereof, provided that if the City acts on its own motion it shall follow the procedural steps set forth in this Section 10.B. C. City Council Action in Event of Breach. In the event that grounds exist which give the City reason to believe that Company has failed to comply with a material provision of this Franchise, as provided in Section 10.A. hereof, then, in accordance with the procedures provided in Section 10.B., supra, the City Council may, at any time during the term of this Franchise, to the extent lawful: (i) seek monetary damages from Company as compensation for such material breach; and/or (ii) in the event that Company does not cure the breach of the Franchise, the City Council does not elect to seek monetary damages from Company, or Company does not agree to pay such damages, then, as an alternative to taking the action referred to above, the City Council may revoke the franchise granted pursuant to this Ordinance by termination of the Franchise and this Ordinance. D. Liquidated Damages. In addition to any other remedies provided herein, liquidated damages for violations of this Franchise are set forth below. Such sums of money shall be considered and treated not as a penalty, but as liquidated damages due the City by Company by reason of inconvenience to the public and because of City administrative time and involvement, including supervision and maintenance, which resulted in the expenditure of public funds due to Company's failure to comply with certain provisions in this Franchise. The City may charge and collect from Company the following liquidated damages: 1. Failure to complete all collections between 7:00 a.m. and 7:00 p.m.: $1,000 per route; 2. Missed collection: $50 per missed collection in excess of two (2) missed collections per day; 3. Missed residential unit block: $500 per incident; 4. Failure to correct a missed collection: $200 per occurrence; 5. Failure to clean up a spill: $200 per incident;

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6. Failure to provide collection to the same Retail Customer two (2) or more times within a thirty-day period: $150 per occurrence over one (1) occurrence; 7. Failure to address property damage: $500 per occurrence; 8. Failure to distribute public education and outreach materials: $100 per occurrence; 9. Failure or neglect to correct chronic problems in any category of service: $500 per occurrence; 10. Failure to submit an accurate daily, monthly, quarterly, or annual report in the specified format: $500 per report per calendar day; 11. Failure to submit an accurate accounting (i.e. invoice, quarterly and annual reports, and/or complaint reports in the specified format): Non-payment until an accurate monthly accounting is submitted; 12. Failure to maintain vehicle: $100 per vehicle per calendar day; 13. Failure to respond to any Retail Customer complaint in accordance with this Franchise: $100 per incident per calendar day; 14. Failure to return cans and carts to approximately the original location: $25 per incident; 15. Failure to be prepared to perform services on or after the Effective Date: $3,000 per calendar day; 16. Failure to meet minimum processing requirements: $500 per calendar day; 17. Commingling of materials: $1,000 each incident; and 18. Disposal of Program Recyclable Materials or Yard Trimmings: $2,000 each incident. E. Notice Prior to Imposing Liquidated Damages. Whenever the City believes that Company has violated one (1) or more terms, conditions, or provisions of this Franchise, and liquidated damages will be sought, a written notice shall be given to Company informing it of such alleged violation or liability. The written notice shall describe in reasonable detail the specific violation so as to afford Company an opportunity to remedy the violation, if it can be remedied. Company shall have thirty (30) days subsequent to receipt of the notice in which the remedy the violation, if it can be remedied. F. Dispute of Violation. Company may, within ten (10) days of receipt of notice, notify the City that there is a dispute as to whether a violation or failure has, in fact, occurred. Such notice by Company to the City shall specify with particularity the

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matters disputed by Company. The City Council shall hear Company's dispute. Company shall be given at least ten (10) days’ notice of the hearing. At the hearing, Company shall be entitled to all the rights of due process consistent with City procedures, including but not limited to, the right to present evidence and the right to be represented by counsel. After the hearing, Company will be provided with a copy of the City Council's action, along with supporting documentation. If after hearing the dispute the claim is upheld by the City Council, the City may impose damages against Company after Company has had a reasonable period of time, not less than thirty (30) days, to remedy the alleged violation, if it can be remedied. G. Reservation of Rights. The rights granted the City in this section are in addition to all other rights of the City, whether reserved by this Franchise or authorized by law, and no action, proceeding, or exercise of a right with respect to liquidated damages, shall affect any other right the City may have. H. Force Majeure. Except for the obligation to pay the Franchise Fee, Company shall not be declared in default or be subject to any sanction under any provision of this Franchise in those cases in which performance of such provision is prevented by reason of a Force Majeure. SECTION 11. COMPANY, ITS SUCCESSORS AND ASSIGNS, SHALL PROTECT, DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS OFFICERS, ELECTED OFFICIALS, AGENTS, AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS, FINES, DEMANDS, LOSSES, DAMAGES, OR LIABILITY OF EVERY KIND, INCLUDING, BUT NOT LIMITED TO, ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS’ FEES, FOR INJURY TO OR THE DEATH OF ANY PERSON, OR FOR DAMAGE TO ANY PROPERTY ARISING FROM THIS FRANCHISE, EITHER DIRECTLY OR INDIRECTLY, OR BY REASON OF ANY ACT OR OMISSION, NEGLIGENCE, OR NONFEASANCE OF THE COMPANY, ITS OFFICERS, EMPLOYEES, AGENTS, OR SUBCONTRACTORS IN THE PERFORMANCE OF THIS FRANCHISE. Section 12. In granting this Franchise, it is understood that the lawful power vested by law in the City to regulate all public utilities within the City, and to regulate the local rates of public utilities within the City within the limits of the Constitution and laws, and to require all persons or corporations to discharge the duties and undertakings, for the performance of which this Franchise was made, is reserved; and this grant is made subject to all lawful rights, powers and authorities, either of regulation or otherwise, reserved to the City by its Charter or by the general laws of this state. Section 13. The City by the granting of this Franchise does not surrender or, to any extent, lose, waive, impair or lessen the lawful powers and rights, now or hereafter vested in the City under the Constitution and statutes of the State of Texas and under the Charter of the City to regulate the rates and services of Company; and Company by its acceptance of this Franchise agrees that all such lawful regulatory powers and rights as

WCA Residential Franchise 2015 Page 8 of 12 the same may be from time to time vested in the City shall be in full force and effect and subject to the exercise thereof by the City at any time and from time to time. Section 14. Every notice, order, petition, document, or other direction or communication to be served upon the City or Company shall be deemed sufficiently given if sent by registered or certified mail, return receipt requested. Unless and until changed by written notice given in accordance with this section, every such communication to Company shall be sent to: Waste Corporation of Texas, L.P. Attn.: Matt Graham, Regional Vice President 8515 Highway 6 South Houston, TX 77083 With a copy to: WCA Waste Corporation Attn.: Michael Roy, Senior Vice President – General Counsel 1330 Post Oak Blvd, 30th Floor Houston, TX 77056 Unless and until changed by written notice given in accordance with this section, every such communication to the City or the City Council shall be sent to: City of Missouri City Attn: Mayor 1522 Texas Parkway Missouri City, Texas 77489 With a copy to: City of Missouri City Attn: City Manager 1522 Texas Parkway Missouri City, Texas 77489 The mailing of such notice, direction, or order shall be equivalent to direct personal notice and shall be deemed to have been given the earlier of receipt or two business days after it was mailed.

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Section 15. The rights and remedies provided herein are cumulative and not exclusive of any remedies provided by law, and nothing contained in this Franchise shall impair any of the rights of the City or Company under applicable law, subject in each case to the terms and conditions of this Franchise. This Ordinance shall be construed under the laws of the State of Texas, without regard to choice-of-law rules of any jurisdiction. Venue for any suit filed due to any conflict regarding or related to any provision of this ordinance shall be in Fort Bend County, Texas. Section 16. Repeal. All ordinances or parts of ordinances in conflict herewith, if any, shall be and are hereby repealed only to the extent of such conflict. Section 17. Penalty. Any person who violates, or any person who causes or allows another person to violate, any provision of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than Five Hundred Dollars ($500.00). Each occurrence of any violation of this ordinance shall constitute a separate offense. Each day in which any violation of this ordinance occurs shall constitute a separate offense. Each location at which any violation of this ordinance occurs shall constitute a separate offense. Section 18. Severability. In the event any clause, phrase, provision, sentence or part of this ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this ordinance as a whole or any part or provision hereof, other than the part declared to be invalid or unconstitutional; and the City Council of the City of Missouri City, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. PASSED AND APPROVED on first reading this __th day of ______, 2015. PASSED AND APPROVED on second reading this __th day of ______, 2015. PASSED, APPROVED AND ADOPTED on third and final reading this __th day of ______, 2015.

______Allen Owen, Mayor

ATTEST: APPROVED AS TO FORM:

______Maria Gonzalez, City Secretary E. Joyce Iyamu, City Attorney

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I, Maria Gonzalez, the duly appointed, qualified and acting City Secretary of the City of Missouri City, Texas, hereby certify that the above and foregoing ordinance of was duly adopted, at a regular meeting of the City Council of the City of Missouri City, held on the ____ day of ______2015, and that the same has been duly engrossed and enrolled in the records of the City.

EXECUTED under my hand and the corporate seal of the City of Missouri City, Texas, at said City, this ____ day of ______2015.

Maria Gonzalez City Secretary

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Exhibit "A"

Acceptance by Company

To the Honorable Mayor and City Council of the City of Missouri City, Texas:

For itself, its successors and assigns, Company, Waste Corporation of Texas, L.P., a Delaware limited partnership, hereby accepts the attached ordinance and agrees to be bound by all of its terms, conditions and provisions.

WASTE CORPORATION OF TEXAS, L.P., a Delaware limited partnership By: WCA Texas Management General, Inc., a Delaware corporation and its sole general partner

By:

Name:

Title:

Dated this the day of , 2015.

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CHANGES MARKED

ORDINANCE NO. O-15-__

. . . . Section 10. Breach of Franchise; notice; remedies. . . . . E. Notice Prior to Imposing Liquidated Damages. Whenever the City believes that Company has violated one (1) or more terms, conditions, or provisions of this Franchise, and liquidated damages will be sought, a written notice shall be given to Company informing it of such alleged violation or liability. The written notice shall describe in reasonable detail the specific violation so as to afford Company an opportunity to remedy the violation, if it can be remedied. Company shall have thirty (30) days subsequent to receipt of the notice in which the remedy the violation, if it can be remedied, before the City may impose liquidated damages.

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the show me city Council Agenda Item Cover Memo August 17, 2015

Submitted by: Bill Atkinson, Acting City Manager

SYNOPSIS

STRATEGIC PLAN 2019 GOALS ADDRESSED

 Have a Quality Development through Buildout

BACKGROUND

FISCAL ANALYSIS

Thus commercial and residential franchise fees collections are estimated at $182,234 annually.

SUPPORTING MATERIALS

1. Ordinance 2. Changes marked

STAFF’S RECOMMENDATION

Staff recommends approval on both the residential and commercial solid waste franchise ordinances for Waste Corporation of Texas, L.P.

ORDINANCE NO. O-15-__

AN ORDINANCE OF THE CITY OF MISSOURI CITY, TEXAS, GRANTING WASTE CORPORATION OF TEXAS, L.P., A DELAWARE LIMITED PARTNERSHIP AND WHOLLY-OWNED SUBSIDIARY OF WCA WASTE CORPORATION, A DELAWARE CORPORATION, THE RIGHT, PRIVILEGE, AND FRANCHISE TO USE THE PUBLIC RIGHTS-OF-WAY TO CONDUCT A SOLID WASTE COLLECTION SERVICE BUSINESS FOR COMMERCIAL CUSTOMERS WITHIN THE CITY OF MISSOURI CITY, TEXAS; PROVIDING A TERM; PROVIDING FOR REPEAL; PROVIDING A PENALTY; AND PROVIDING FOR SEVERABILITY. * * * * *

WHEREAS, the City of Missouri City (the "City") is authorized to grant franchises for the provision of solid waste collection services to premises within the City of Missouri City; and WHEREAS, Waste Corporation of Texas, LP, a Delaware limited partnership and wholly owned subsidiary of WCA Waste Corporation, a Delaware corporation ("Company"), owns and operates a solid waste collection service business operating, or capable of operating, within the territorial limits of the City and Company is willing to provide solid waste collection services within the territorial limits of the City; and WHEREAS, it is hereby found and determined by the City Council of the City of Missouri City that it is in the best interests of the City that the City grant a Franchise to Company for the right to use the public rights-of-way to conduct a solid waste collection service business for commercial customers in the City, subject to the terms and conditions described in this ordinance; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MISSOURI CITY, TEXAS: Section 1. That the facts contained in the preamble to this Ordinance are determined to be true and correct and are hereby adopted. Section 2. Definitions. All terms and phrases used herein shall have the meanings ascribed to them in the City Charter or the Missouri City Code, as presently adopted or as it may be hereafter amended from time to time, and all such definitions are hereby incorporated herein; in addition, the following terms, phrases, words, and their derivations shall have the meaning given herein unless more specifically defined within other sections of this ordinance. When not inconsistent with the context, words used in the present tense include the future tense; words in the plural number include the singular number; words in the singular number include the plural number; and the use of any gender shall be applicable to all genders. The word "shall" is always mandatory, and not merely directory. The word "may" is not mandatory and is merely permissive. Words not defined as provided by this section shall be given their common and ordinary meaning.

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A. Company means Waste Corporation of Texas, LP, a Delaware limited partnership and wholly owned subsidiary of WCA Waste Corporation, a Delaware corporation. B. Effective Date means January 1, 2016. C. Force Majeure means forces or conditions not reasonably within the control of a party, including a strike; war or act of war (whether an actual declaration of war is made or not); insurrection; riot; act of public enemy; accident; fire; flood or other act of God; sabotage; shortages in materials, supplies and equipment; governmental regulations, limitations and restrictions as to the use and availability of materials, supplies and equipment and as to the use of services; unforeseen and unusual demands for service; or other events, where the affected party has exercised all due care in the prevention thereof and such causes or other events are without the fault or negligence of the affected party. D. Franchise means this Ordinance and the rights and privileges granted by this Ordinance. E. Franchise Area means the area within the territorial limits of the City as of the Effective Date and as same may change from time to time during the term of the Franchise. F. Franchise Fee has the meaning set forth in Section 7 below. G. Public Rights-of-Way means the area in, under, upon, over, across, and along any and all of the present and future Streets now or hereafter owned or controlled by the City. H. Retail Customer means any Person who is not receiving solid waste collection services at a residential unit pursuant to the agreement authorized by the City Council on or about July 20, 2015, as such agreement may be amended during the term of this Franchise, from Company within the Franchise Area. I. Street means the surface and the space above and below any public street, road, highway, alley, bridge, utility easement, sidewalk or other property owned or controlled by the City. J. System means Company's facilities erected, constructed, maintained, operated, used, extended, removed, replaced, and repaired, as necessary, by Company pursuant to this Franchise necessary and proper for the purpose of operating a solid waste collection service business in the Franchise Area. Section 3. Franchise. A. The City hereby grants to Company, its successors and assigns, the right, privilege and franchise to use the Public Rights-of-Way to use Company's System to conduct within the Franchise Area a solid waste

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of the month following the month for which it is paid, interest shall accrue at the rate of 10 percent a year from the day after the money became due, compounded daily, until the Franchise Fee payment is made. Section 8. Audits. Company shall maintain, at a single location in the Houston metropolitan area, adequate financial records documenting all of its solid waste collection service transactions within the Franchise Area. The records must be maintained in accordance with generally-accepted accounting and government-auditing standards. Company may be audited by the City as often as the City deems necessary to ensure compliance with this Franchise. All books and records related to Company's operations under this Franchise shall be available to the City. Upon receipt of a written request from the City, such documents shall be made available for inspection and copying no later than five (5) days from the receipt of such request. Section 9. Exclusivity of Franchise. This Franchise constitutes an exclusive right to operate a solid waste collection service business for Retail Customers within the Franchise Area. Section 10. Breach of Franchise; notice; remedies. A. Material Breach of Franchise. In addition to all rights and powers of the City that are provided by virtue of this Franchise or otherwise, the City reserves as an additional, separate, and distinct power the right to take any of the actions described herein in accordance with the procedures specified herein if any of the following events occur or for any of the following reasons: 1. Company, by act or omission, violates any material term, condition, or provision of this Franchise; 2. Company knowingly or willingly attempts to evade any material provision of this Franchise; or 3. Company attempts to or does practice any fraud or deceit in its conduct or relations under this Franchise with the City, Retail Customers, or potential Retail Customers. B. Notice of Default; Opportunity to Remedy. The City Council shall exercise the rights provided in this Section in accordance with the procedures set forth herein. 1. The City shall notify Company, in writing, of an alleged failure to comply with a material provision of this Franchise, which notice shall specify the alleged failure with reasonable particularity. Company shall, within thirty (30) days after receipt of such notice, remedy such alleged failure. 2. The City shall determine, in good faith, (a) whether a failure to comply with a material provision has occurred; (b) whether such failure is excusable; and (c) whether such failure has been remedied or will be remedied by Company. Company shall make available to the City, if

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requested, any records, documents or other information necessary to make the determination. If the City determines that the failure will be remedied by Company, but Company fails to remedy, the City may, without further notice to Company, proceed under the provisions of Section 10.C. hereof. 3. If the City determines that a failure to comply with a material provision has occurred and that such failure is not excusable and has not been or will not be remedied by Company in a manner and in accordance with a schedule reasonably satisfactory to the City, the City may take any actions provided in Section 10.C. hereof, provided that if the City acts on its own motion it shall follow the procedural steps set forth in this Section 10.B. C. City Council Action in Event of Breach. In the event that grounds exist which give the City reason to believe that Company has failed to comply with a material provision of this Franchise, as provided in Section 10.A. hereof, then, in accordance with the procedures provided in Section 10.B., supra, the City Council may, at any time during the term of this Franchise, to the extent lawful: (i) seek monetary damages from Company as compensation for such material breach; and/or (ii) in the event that Company does not cure the breach of the Franchise, the City Council does not elect to seek monetary damages from Company, or Company does not agree to pay such damages, then, as an alternative to taking the action referred to above, the City Council may revoke the franchise granted pursuant to this Ordinance by termination of the Franchise and this Ordinance. D. Liquidated Damages. In addition to any other remedies provided herein, liquidated damages for violations of this Franchise are set forth below. Such sums of money shall be considered and treated not as a penalty, but as liquidated damages due the City by Company by reason of inconvenience to the public and because of City administrative time and involvement, including supervision and maintenance, which resulted in the expenditure of public funds due to Company's failure to comply with certain provisions in this Franchise. The City may charge and collect from Company the following liquidated damages: 1. Failure to complete all collections between 7:00 a.m. and 7:00 p.m.: $1,000 per route; 2. Missed collection: $50 per missed collection in excess of two (2) missed collections per day; 3. Failure to correct a missed collection: $200 per occurrence; 4. Failure to clean up a spill: $200 per incident; 5. Failure to provide collection to the same Retail Customer two (2) or more times within a thirty-day period: $150 per occurrence over one (1) occurrence;

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6. Failure to address property damage: $500 per occurrence; 7. Failure to distribute public education and outreach materials: $100 per occurrence; 8. Failure or neglect to correct chronic problems in any category of service: $500 per occurrence; 9. Failure to submit an accurate daily, monthly, quarterly, or annual report in the specified format: $500 per report per calendar day; 10. Failure to submit an accurate accounting (i.e. invoice, quarterly and annual reports, and/or complaint reports in the specified format): Non-payment until an accurate monthly accounting is submitted; 11. Failure to maintain vehicle: $100 per vehicle per calendar day; 12. Failure to respond to any Retail Customer complaint in accordance with this Franchise: $100 per incident per calendar day; 13. Failure to close commercial container enclosures: $50 per incident; 14. Failure to return cans, carts, and commercial containers to approximately the original location: $25 per incident; 15. Failure to be prepared to perform services on or after the Effective Date: $3,000 per calendar day; 16. Failure to meet minimum processing requirements: $500 per calendar day; 17. Commingling of materials: $1,000 each incident; and 18. Disposal of Program Recyclable Materials or Yard Trimmings: $2,000 each incident. E. Notice Prior to Imposing Liquidated Damages. Whenever the City believes that Company has violated one (1) or more terms, conditions, or provisions of this Franchise, and liquidated damages will be sought, a written notice shall be given to Company informing it of such alleged violation or liability. The written notice shall describe in reasonable detail the specific violation so as to afford Company an opportunity to remedy the violation, if it can be remedied. Company shall have thirty (30) days subsequent to receipt of the notice in which the remedy the violation, if it can be remedied. F. Dispute of Violation. Company may, within ten (10) days of receipt of notice, notify the City that there is a dispute as to whether a violation or failure has, in fact, occurred. Such notice by Company to the City shall specify with particularity the matters disputed by Company. The City Council shall hear Company's dispute. Company shall be given at least ten (10) days’ notice of the hearing. At the hearing,

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Company shall be entitled to all the rights of due process consistent with City procedures, including but not limited to, the right to present evidence and the right to be represented by counsel. After the hearing, Company will be provided with a copy of the City Council's action, along with supporting documentation. If after hearing the dispute the claim is upheld by the City Council, the City may impose damages against Company after Company has had a reasonable period of time, not less than thirty (30) days, to remedy the alleged violation, if it can be remedied. G. Reservation of Rights. The rights granted the City in this section are in addition to all other rights of the City, whether reserved by this Franchise or authorized by law, and no action, proceeding, or exercise of a right with respect to liquidated damages, shall affect any other right the City may have. H. Force Majeure. Except for the obligation to pay the Franchise Fee, Company shall not be declared in default or be subject to any sanction under any provision of this Franchise in those cases in which performance of such provision is prevented by reason of a Force Majeure. SECTION 11. COMPANY, ITS SUCCESSORS AND ASSIGNS, SHALL PROTECT, DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS OFFICERS, ELECTED OFFICIALS, AGENTS, AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS, FINES, DEMANDS, LOSSES, DAMAGES, OR LIABILITY OF EVERY KIND, INCLUDING, BUT NOT LIMITED TO, ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS’ FEES, FOR INJURY TO OR THE DEATH OF ANY PERSON, OR FOR DAMAGE TO ANY PROPERTY ARISING FROM THIS FRANCHISE, EITHER DIRECTLY OR INDIRECTLY, OR BY REASON OF ANY ACT OR OMISSION, NEGLIGENCE, OR NONFEASANCE OF THE COMPANY, ITS OFFICERS, EMPLOYEES, AGENTS, OR SUBCONTRACTORS IN THE PERFORMANCE OF THIS FRANCHISE. Section 12. In granting this Franchise, it is understood that the lawful power vested by law in the City to regulate all public utilities within the City, and to regulate the local rates of public utilities within the City within the limits of the Constitution and laws, and to require all persons or corporations to discharge the duties and undertakings, for the performance of which this Franchise was made, is reserved; and this grant is made subject to all lawful rights, powers and authorities, either of regulation or otherwise, reserved to the City by its Charter or by the general laws of this state. Section 13. The City by the granting of this Franchise does not surrender or, to any extent, lose, waive, impair or lessen the lawful powers and rights, now or hereafter vested in the City under the Constitution and statutes of the State of Texas and under the Charter of the City to regulate the rates and services of Company; and Company by its acceptance of this Franchise agrees that all such lawful regulatory powers and rights as the same may be from time to time vested in the City shall be in full force and effect and subject to the exercise thereof by the City at any time and from time to time.

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Section 14. Every notice, order, petition, document, or other direction or communication to be served upon the City or Company shall be deemed sufficiently given if sent by registered or certified mail, return receipt requested. Unless and until changed by written notice given in accordance with this section, every such communication to Company shall be sent to: Waste Corporation of Texas, L.P. Attn.: Matt Graham, Regional Vice President 8515 Highway 6 South Houston, TX 77083 With a copy to: WCA Waste Corporation Attn.: Michael Roy, Senior Vice President – General Counsel 1330 Post Oak Blvd, 30th Floor Houston, TX 77056 Unless and until changed by written notice given in accordance with this section, every such communication to the City or the City Council shall be sent to: City of Missouri City Attn: Mayor 1522 Texas Parkway Missouri City, Texas 77489 with a copy to: City of Missouri City Attn: City Manager 1522 Texas Parkway Missouri City, Texas 77489 The mailing of such notice, direction, or order shall be equivalent to direct personal notice and shall be deemed to have been given the earlier of receipt or two business days after it was mailed. Section 15. The rights and remedies provided herein are cumulative and not exclusive of any remedies provided by law, and nothing contained in this Franchise shall impair any of the rights of the City or Company under applicable law, subject in each case to the terms and conditions of this Franchise. This Ordinance shall be construed under

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the laws of the State of Texas, without regard to choice-of-law rules of any jurisdiction. Venue for any suit filed due to any conflict regarding or related to any provision of this ordinance shall be in Fort Bend County, Texas. Section 16. Repeal. All ordinances or parts of ordinances in conflict herewith, if any, shall be and are hereby repealed only to the extent of such conflict. Section 17. Penalty. Any person who violates, or any person who causes or allows another person to violate, any provision of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than Five Hundred Dollars ($500.00). Each occurrence of any violation of this ordinance shall constitute a separate offense. Each day in which any violation of this ordinance occurs shall constitute a separate offense. Each location at which any violation of this ordinance occurs shall constitute a separate offense. Section 18. Severability. In the event any clause, phrase, provision, sentence or part of this ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this ordinance as a whole or any part or provision hereof, other than the part declared to be invalid or unconstitutional; and the City Council of the City of Missouri City, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. PASSED AND APPROVED on first reading this __th day of ______, 2015. PASSED AND APPROVED on second reading this __th day of ______, 2015. PASSED, APPROVED AND ADOPTED on third and final reading this __th day of ______, 2015.

______Allen Owen, Mayor

ATTEST: APPROVED AS TO FORM:

______Maria Gonzalez, City Secretary E. Joyce Iyamu, City Attorney

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EXECUTED under my hand and the corporate seal of the City of Missouri City, Texas, at said City, this ____ day of ______2015.

Maria Gonzalez City Secretary

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Exhibit "A"

Acceptance by Company

To the Honorable Mayor and City Council of the City of Missouri City, Texas:

WASTE CORPORATION OF TEXAS, L.P., a Delaware limited partnership By: WCA Texas Management General, Inc., a Delaware corporation and its sole general partner

By:

Name:

Title:

Dated this the day of , 2015.

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CHANGES MARKED

ORDINANCE NO. O-15-__

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the show me city Council Agenda Item Cover Memo August 17, 2015

To: Mayor and City Council Agenda Item: 10(c) Consider an ordinance granting to VF Waste Services, Inc., a Texas Corporation, the right, privilege and franchise to use the public rights-of-way to conduct a solid waste collection service business within the City of Missouri City, Texas.

Submitted by: Bill Atkinson, Acting City Manager

SYNOPSIS

This item provides for Council consideration of the granting of the right, privilege and non-exclusive franchise to use the public rights-of-way to conduct a solid waste collection service business for residential customers within the City of Missouri City, Texas. This is the first of three readings.

STRATEGIC PLAN 2019 GOALS ADDRESSED

 Have a Quality Development through Buildout

BACKGROUND

Chapter 78 Solid Waste provides the rules and regulations related to solid waste franchises, including a franchise fee of 5% of gross receipts. VF Waste Services, Inc. is seeking a franchise to provide residential and commercial solid waste services within the City.

This franchise ordinance authorizes the company to utilize City public rights-of-way as a non-exclusive residential provider conducting business within the city. Through this item, the City hereby grants to the company, the right, privilege and franchise to use the public rights-of-way to conduct a solid waste collection service business subject to the terms, conditions and provisions of this Franchise, the City Charter, and the Missouri City Code. The term of the franchise will commence on January 1, 2016 and remain in full force until December 31, 2022.

FISCAL ANALYSIS

The fee is projected at 5% of the service which is charged by the provider and then submitted to the city on residential customers serviced by VF Waste Services, Inc.

SUPPORTING MATERIALS

1. Ordinance

STAFF’S RECOMMENDATION Staff recommends approval on the residential solid waste franchise ordinance for VF Waste Services, Inc. a Texas Corporation.

ORDINANCE NO. O-15-__

AN ORDINANCE OF THE CITY OF MISSOURI CITY, TEXAS, GRANTING TO V.F. WASTE SERVICES, INC., A TEXAS CORPORATION, THE RIGHT, PRIVILEGE, AND FRANCHISE TO USE THE PUBLIC RIGHTS-OF-WAY TO CONDUCT A SOLID WASTE COLLECTION SERVICE BUSINESS FOR RESIDENTIAL CUSTOMERS WITHIN THE CITY OF MISSOURI CITY, TEXAS; PROVIDING A TERM; PROVIDING FOR REPEAL; PROVIDING A PENALTY; AND PROVIDING FOR SEVERABILITY. * * * * *

WHEREAS, the City of Missouri City (the "City") is authorized to grant franchises for the provision of solid waste collection services to premises within the City of Missouri City; and WHEREAS, V.F. Waste Services, Inc., a Texas corporation ("Company"), owns and operates a solid waste collection service business operating, or capable of operating, within the territorial limits of the City and Company is willing to provide solid waste collection services within the territorial limits of the City; and WHEREAS, it is hereby found and determined by the City Council of the City of Missouri City that it is in the best interests of the City that the City grant a Franchise to Company for the right to use the public rights-of-way to conduct a solid waste collection service business for residential customers in the City, subject to the terms and conditions described in this Ordinance; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MISSOURI CITY, TEXAS: Section 1. That the facts contained in the preamble to this Ordinance are determined to be true and correct and are hereby adopted. Section 2. Definitions. All terms and phrases used herein shall have the meanings ascribed to them in the City Charter or the Missouri City Code, as presently adopted or as it may be hereafter amended from time to time, and all such definitions are hereby incorporated herein; in addition, the following terms, phrases, words, and their derivations shall have the meaning given herein unless more specifically defined within other sections of this Ordinance. When not inconsistent with the context, words used in the present tense include the future tense; words in the plural number include the singular number; words in the singular number include the plural number; and the use of any gender shall be applicable to all genders. The word "shall" is always mandatory, and not merely directory. The word "may" is not mandatory and is merely permissive. Words not defined as provided by this section shall be given their common and ordinary meaning. A. Company means V.F. Waste Services, Inc., a Texas corporation. B. Effective Date means January 1, 2016.

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C. Force Majeure means forces or conditions not reasonably within the control of a party, including a strike; war or act of war (whether an actual declaration of war is made or not); insurrection; riot; act of public enemy; accident; fire; flood or other act of God; sabotage; shortages in materials, supplies and equipment; governmental regulations, limitations and restrictions as to the use and availability of materials, supplies and equipment and as to the use of services; unforeseen and unusual demands for service; or other events, where the affected party has exercised all due care in the prevention thereof and such causes or other events are without the fault or negligence of the affected party. D. Franchise means this Ordinance and the rights and privileges granted by this Ordinance. E. Franchise Area means the area within the territorial limits of the City as of the Effective Date and as same may change from time to time during the term of the Franchise. F. Franchise Fee has the meaning set forth in Section 7 below. G. Public Rights-of-Way means the area in, under, upon, over, across, and along any and all of the present and future Streets now or hereafter owned or controlled by the City. H. Retail Customer means any Person receiving solid waste collection services from Company within the Franchise Area. I. Street means the surface and the space above and below any public street, road, highway, alley, bridge, utility easement, sidewalk or other property owned or controlled by the City. J. System means Company's facilities erected, constructed, maintained, operated, used, extended, removed, replaced, and repaired, as necessary, by Company pursuant to this Franchise necessary and proper for the purpose of operating a solid waste collection service business in the Franchise Area. Section 3. Franchise. A. The City hereby grants to Company, its successors and assigns, the right, privilege and franchise to use the Public Rights-of-Way to use Company's System to conduct within the Franchise Area a solid waste collection service business for Retail Customers subject to the terms, conditions and provisions of this Franchise, the City Charter, and the Missouri City Code. This Franchise does not restrict the City's right to impose reasonable fees upon third parties for the use of the Public Rights- of-Way to provide other services. B. In order to amend the Franchise in such a way that substantially changes the scope, terms, or obligations of the franchise, or to assign,

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transfer, mortgage, or pledge a franchise, Company must make an application for a new franchise in the manner provided for the City Code. C. Company shall notify the City within 10 days of a change of its address or telephone number, its form of business, or its executive officers in the manner provided in Section 14, below. Section 4. Acceptance by Company; term. A. Within 30 days following the final passage and approval of this Ordinance, Company shall file with the City Manager an executed Acceptance by Company in substantially the same form as shown in Exhibit "A" to this Ordinance. Such Acceptance by Company shall be by appropriate authorized corporate resolutions in a form acceptable to the City Attorney. In the event such acceptance is not filed within such period, this Ordinance and the rights and privileges hereby granted shall be and become terminated, null, and void. B. Except as provided herein, if accepted by Company as provided above, this Ordinance and Franchise shall become effective for a term and period from the Effective Date and shall remain in full force and effect until December 31, 2022. The City shall have the right to revoke or terminate this Franchise before December 31, 2022, if the rate for solid waste collection service provided pursuant to a contract in effect prior to July 14, 2010, or any extension thereof, exceeds the rate for the comparable level of city service. Section 5. Right to Purchase. The City shall have the right at any time within five (5) years of the expiration of the term of this Franchise to purchase the property of the Company used in the performance of solid waste collection services performed pursuant to this Franchise. In the event the City and Company cannot agree upon the reasonable fair value of the property, the reasonable fair value of the franchisee's property shall be established by a majority vote of three appraisers with one appraiser selected by the City, one appraiser selected by Company, and one appraiser selected by the other two appraisers. If the two appraisers are unable to agree upon the third appraiser, then the third appraiser shall be selected by order of a court of competent jurisdiction. Section 6. Service Standards. A. Except as provided in this section, Company shall conduct its solid waste collection service in substantial accordance with Company's own service standards. Company shall determine the specific location and the method of operating its System in order to provide solid waste collection services. B. Requirements for Solid Waste Collection Vehicles. Company shall use only vehicles meeting standards and inspection requirements as set forth by the laws of the State for regular municipal solid waste collection services. Each vehicle shall have clearly visible on each side, the identity and telephone number of Company. Company shall provide, at all times, well maintained vehicles and equipment and

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keep them in good repair, clean and sanitary, and free of leaks and excessive emissions. Company shall contain, enclose, or tie all Solid Waste in a manner that prevents spilling, leaking, or blowing. Company shall be responsible for immediate cleanup of all leakage, spillage, and blown debris resulting from Company's vehicles or equipment. Company shall operate all vehicles and equipment in compliance with all laws and manufacturers' specifications. Company's name and telephone number shall be clearly marked on both sides of each vehicle or equipment. C. The service furnished hereunder to the City and its inhabitants shall be first- class in all respects, considering all circumstances, and Company shall furnish the grade of service to Retail Customers as provided by its rate schedules and shall maintain its System in reasonable operating condition during the continuance of this Franchise. D. Company shall submit to the city written reports regarding the number and type of service issues as provided in Section 7.D below. E. Upon reasonable request by the Franchise Area, Company shall provide knowledgeable representatives to attend the City Council meetings to address reliability and quality of service issues and Company's plans for upcoming capital investment in the Franchise Area. In any Force Majeure event, Company shall do all things reasonably within its power to restore normal service. Section 7. Franchise Fee. A. In consideration for the rights and privileges herein granted, Company agrees to pay to the City a Franchise Fee. Payment of the Franchise Fee shall be the total compensation payable to the City in consideration for the right, privilege and franchise herein conferred for Company's use of the Public Rights-of-Way to conduct its business for the provision of solid waste collection services. B. The Franchise Fee shall be calculated as follows: 5% of the gross receipts received by Company. The Franchise Fee shall be calculated each calendar month based on the gross receipts received during that month. C. The Franchise Fee must be paid on or before the 30th day of the month following the month for which it is paid. If a payment is received later than 30th day of the month following the month for which it is paid, interest shall accrue at the rate of 10 percent a year from the day after the money became due, compounded daily, until the Franchise Fee payment is made. D. At the same time a Company makes a franchise fee payment, such Company shall file the following reports with the director containing the following information concerning solid waste collection services conducted by the Company within the Franchise Area for the period of time for which such franchise fee payment is made:

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1. Daily call log; 2. Call summaries listing the number of calls received: i. From each subdivision; and ii. Classified by type of call (missed collection, complaint, inquiry) on each day of each month of the reporting period; 3. Summary letter describing the reporting period’s problems, accomplishments, trends, observations, and other pertinent information; 4. Amount of solid waste, recyclable materials, yard trimmings, bulky waste, collected, including year-to-date totals; 5. Billing and revenue documentation justifying Company’s billings and revenue derived by the Company for services within the City; 6. Franchise Fee documentation justifying Company’s Franchise Fee; and 7. Within forty-five (45) days of the close of each calendar year, the Company shall prepare a final report for the preceding year, and such report shall be sworn to as being based upon audited performance of the Company for the period for which the report is filed. The Company also agrees to submit to the City a quarterly report by the 30th day following each calendar quarter for the preceding calendar quarter that provides the Company’s total gross receipts by Retail Customer. Section 8. Audits. Company shall maintain, at a single location in the Houston metropolitan area, adequate financial records documenting all of its solid waste collection service transactions within the Franchise Area. The records must be maintained in accordance with generally-accepted accounting and government-auditing standards. Company may be audited by the City as often as the City deems necessary to ensure compliance with this Franchise. All books and records related to Company's operations under this Franchise shall be available to the City. Upon receipt of a written request from the City, such documents shall be made available for inspection and copying no later than five (5) days from the receipt of such request. Section 9. Exclusivity of Franchise. Nothing contained in this Franchise shall ever be construed as conferring upon Company any exclusive rights or privileges of any nature whatsoever. This Franchise shall only allow Company to operate a solid waste collection service business for Retail Customers who are residential customers within the Franchise Area. Section 10. Breach of Franchise; notice; remedies. A. Material Breach of Franchise. In addition to all rights and powers of the City that are provided by virtue of this Franchise or otherwise, the City reserves as an additional, separate, and distinct power the right to take any of the actions

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described herein in accordance with the procedures specified herein if any of the following events occur or for any of the following reasons: 1. Company, by act or omission, violates any material term, condition, or provision of this Franchise; 2. Company knowingly or willingly attempts to evade any material provision of this Franchise; or 3. Company attempts to or does practice any fraud or deceit in its conduct or relations under this Franchise with the City, Retail Customers, or potential Retail Customers. B. Notice of Default; Opportunity to Remedy. The City Council shall exercise the rights provided in this Section in accordance with the procedures set forth herein. 1. The City shall notify Company, in writing, of an alleged failure to comply with a material provision of this Franchise, which notice shall specify the alleged failure with reasonable particularity. Company shall, within thirty (30) days after receipt of such notice, remedy such alleged failure. 2. The City shall determine (a) whether a failure to comply with a material provision has occurred; (b) whether such failure is excusable; and (c) whether such failure has been remedied or will be remedied by Company. Company shall make available to the City, if requested, any records, documents or other information necessary to make the determination. If the City determines that the failure will be remedied by Company, but Company fails to remedy, the City may, without further notice to Company, proceed under the provisions of Section 10.C. hereof. 3. If the City determines that a failure to comply with a material provision has occurred and that such failure is not excusable and has not been or will not be remedied by Company in a manner and in accordance with a schedule reasonably satisfactory to the City, the City may take any actions provided in Section 10.C. hereof, provided that if the City acts on its own motion it shall follow the procedural steps set forth in this Section 10.B. C. City Council Action in Event of Breach. In the event that grounds exist which give the City reason to believe that Company has failed to comply with a material provision of this Franchise, as provided in Section 10.A. hereof, then, in accordance with the procedures provided in Section 10.B., supra, the City Council may, at any time during the term of this Franchise, to the extent lawful: (i) seek monetary damages from Company as compensation for such material breach; and/or (ii) in the event that Company does not cure the breach of the Franchise, the City Council does not elect to seek monetary damages from Company, or Company does not agree to pay such damages, then, as an alternative to taking

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the action referred to above, the City Council may revoke the franchise granted pursuant to this Ordinance by termination of the Franchise and this Ordinance. D. Liquidated Damages. In addition to any other remedies provided herein, liquidated damages for violations of this Franchise are set forth below. Such sums of money shall be considered and treated not as a penalty, but as liquidated damages due the City by Company by reason of inconvenience to the public and because of City administrative time and involvement, including supervision and maintenance, which resulted in the expenditure of public funds due to Company's failure to comply with certain provisions in this Franchise. The City may charge and collect from Company the following liquidated damages: 1. Failure to complete all collections between 7:00 a.m. and 7:00 p.m.: $1,000 per route; 2. Missed collection: $50 per missed collection in excess of two (2) missed collections per day; 3. Missed residential unit block: $500 per incident; 4. Failure to correct a missed collection: $200 per occurrence; 5. Failure to clean up a spill: $200 per incident; 6. Failure to provide collection to the same Retail Customer two (2) or more times within a thirty-day period: $150 per occurrence over one (1) occurrence; 7. Failure to address property damage: $500 per occurrence; 8. Failure to distribute public education and outreach materials: $100 per occurrence; 9. Failure or neglect to correct chronic problems in any category of service: $500 per occurrence; 10. Failure to submit an accurate daily, monthly, quarterly, or annual report in the specified format: $500 per report per calendar day; 11. Failure to submit an accurate accounting (i.e. invoice, quarterly and annual reports, and/or complaint reports in the specified format): Non-payment until an accurate monthly accounting is submitted; 12. Failure to maintain vehicle: $100 per vehicle per calendar day; 13. Failure to respond to any Retail Customer complaint in accordance with this Franchise: $100 per incident per calendar day; 14. Failure to return cans and carts to approximately the original location: $25 per incident;

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15. Failure to be prepared to perform services on or after the Effective Date: $3,000 per calendar day; 16. Failure to meet minimum processing requirements: $500 per calendar day; 17. Commingling of materials: $1,000 each incident; and 18. Disposal of Program Recyclable Materials or Yard Trimmings: $2,000 each incident. To the extent, and only to the extent, that Company is finally found to have violated this Franchise and is required to pay liquidated damages pursuant to this Section 10, then Company shall reimburse the City for its reasonable costs, fees, and expenses, including attorneys' fees, court costs, expert fees, and other reasonable costs incident to the investigation and enforcement of the violation. If a violation by Company is found to have been the result of Company's malice or fraud, then the liquidated damages set forth above shall be doubled. E. Notice Prior to Imposing Liquidated Damages. Whenever the City believes that Company has violated one (1) or more terms, conditions, or provisions of this Franchise, and liquidated damages will be sought, a written notice shall be given to Company informing it of such alleged violation or liability. The written notice shall describe in reasonable detail the specific violation so as to afford Company an opportunity to remedy the violation, if it can be remedied. Company shall have thirty (30) days subsequent to receipt of the notice in which the remedy the violation, if it can be remedied. F. Dispute of Violation. Company may, within ten (10) days of receipt of notice, notify the City that there is a dispute as to whether a violation or failure has, in fact, occurred. Such notice by Company to the City shall specify with particularity the matters disputed by Company. The City Council shall hear Company's dispute. Company shall be given at least ten (10) days’ notice of the hearing. At the hearing, Company shall be entitled to all the rights of due process consistent with City procedures, including but not limited to, the right to present evidence and the right to be represented by counsel. After the hearing, Company will be provided with a copy of the City Council's action, along with supporting documentation. If after hearing the dispute the claim is upheld by the City Council, the City may impose damages against Company after Company has had a reasonable period of time, not less than thirty (30) days, to remedy the alleged violation, if it can be remedied. G. Reservation of Rights. The rights granted the City in this section are in addition to all other rights of the City, whether reserved by this Franchise or authorized by law, and no action, proceeding, or exercise of a right with respect to liquidated damages, shall affect any other right the City may have.

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H. Force Majeure. Except for the obligation to pay the Franchise Fee, Company shall not be declared in default or be subject to any sanction under any provision of this Franchise in those cases in which performance of such provision is prevented by reason of a Force Majeure. SECTION 11. COMPANY, ITS SUCCESSORS AND ASSIGNS, SHALL PROTECT, DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS OFFICERS, ELECTED OFFICIALS, AGENTS, AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS, FINES, DEMANDS, LOSSES, DAMAGES, OR LIABILITY OF EVERY KIND, INCLUDING, BUT NOT LIMITED TO, ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS’ FEES, FOR INJURY TO OR THE DEATH OF ANY PERSON, OR FOR DAMAGE TO ANY PROPERTY ARISING FROM THIS FRANCHISE, EITHER DIRECTLY OR INDIRECTLY, OR BY REASON OF ANY ACT OR OMISSION, NEGLIGENCE, OR NONFEASANCE OF THE COMPANY, ITS OFFICERS, EMPLOYEES, AGENTS, OR SUBCONTRACTORS IN THE PERFORMANCE OF THIS FRANCHISE. Section 12. In granting this Franchise, it is understood that the lawful power vested by law in the City to regulate all public utilities within the City, and to regulate the local rates of public utilities within the City within the limits of the Constitution and laws, and to require all persons or corporations to discharge the duties and undertakings, for the performance of which this Franchise was made, is reserved; and this grant is made subject to all lawful rights, powers and authorities, either of regulation or otherwise, reserved to the City by its Charter or by the general laws of this state. Section 13. The City by the granting of this Franchise does not surrender or, to any extent, lose, waive, impair or lessen the lawful powers and rights, now or hereafter vested in the City under the Constitution and statutes of the State of Texas and under the Charter of the City to regulate the rates and services of Company; and Company by its acceptance of this Franchise agrees that all such lawful regulatory powers and rights as the same may be from time to time vested in the City shall be in full force and effect and subject to the exercise thereof by the City at any time and from time to time. Section 14. Every notice, order, petition, document, or other direction or communication to be served upon the City or Company shall be deemed sufficiently given if sent by registered or certified mail, return receipt requested. Unless and until changed by written notice given in accordance with this section, every such communication to Company shall be sent to: V.F. Waste Services, Inc., a Texas corporation Attn: Ricardo Freyre P.O. Box 773107 Houston, Texas 77215-3107

VF Waste Residential Franchise 2015 Page 9 of 13

Unless and until changed by written notice given in accordance with this section, every such communication to the City or the City Council shall be sent to: City of Missouri City Attn: Mayor 1522 Texas Parkway Missouri City, Texas 77489 With a copy to: City of Missouri City Attn: City Manager 1522 Texas Parkway Missouri City, Texas 77489 The mailing of such notice, direction, or order shall be equivalent to direct personal notice and shall be deemed to have been given the earlier of receipt or two business days after it was mailed. Section 15. The rights and remedies provided herein are cumulative and not exclusive of any remedies provided by law, and nothing contained in this Franchise shall impair any of the rights of the City or Company under applicable law, subject in each case to the terms and conditions of this Franchise. This Ordinance shall be construed under the laws of the State of Texas, without regard to choice-of-law rules of any jurisdiction. Venue for any suit filed due to any conflict regarding or related to any provision of this ordinance shall be in Fort Bend County, Texas. Section 16. Repeal. All ordinances or parts of ordinances in conflict herewith, if any, shall be and are hereby repealed only to the extent of such conflict. Section 17. Penalty. Any person who violates, or any person who causes or allows another person to violate, any provision of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than Five Hundred Dollars ($500.00). Each occurrence of any violation of this ordinance shall constitute a separate offense. Each day in which any violation of this ordinance occurs shall constitute a separate offense. Each location at which any violation of this ordinance occurs shall constitute a separate offense.

VF Waste Residential Franchise 2015 Page 10 of 13

Section 18. Severability. In the event any clause, phrase, provision, sentence or part of this ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this ordinance as a whole or any part or provision hereof, other than the part declared to be invalid or unconstitutional; and the City Council of the City of Missouri City, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. PASSED AND APPROVED on first reading this __th day of ______, 2015. PASSED AND APPROVED on second reading this __th day of ______, 2015. PASSED, APPROVED AND ADOPTED on third and final reading this __th day of ______, 2015.

______Allen Owen, Mayor

ATTEST: APPROVED AS TO FORM:

______Maria Gonzalez, City Secretary E. Joyce Iyamu, City Attorney

VF Waste Residential Franchise 2015 Page 11 of 13

EXECUTED under my hand and the corporate seal of the City of Missouri City, Texas, at said City, this ____ day of ______2015.

Maria Gonzalez City Secretary

VF Waste Residential Franchise 2015 Page 12 of 13

Exhibit "A"

Acceptance by Company

To the Honorable Mayor and City Council of the City of Missouri City, Texas:

For itself, its successors and assigns, Company, V.F. Waste Services, Inc. a Texas corporation, hereby accepts the attached ordinance and agrees to be bound by all of its terms, conditions and provisions.

V.F. WASTE SERVICES, INC., a Texas corporation

By:

Name:

Title:

Dated this the day of , 2015.

VF Waste Residential Franchise 2015 Page 13 of 13

the show me city Council Agenda Item Cover Memo August 17, 2015

Agenda Item: 10(d) Fiscal Year 2015 Budget Amendment

Submitted by: June Ellis, Budget Manager Michael Higgins, Interim Finance Director

SYNOPSIS

With the close of FY 2015 on June 30, staff is recommending a final budget amendment for accounting purposes. A budget amendment to increase/decrease revenues and increase/decrease various expenditure accounts in the General Fund, Hotel/Motel Fund, and Fleet Replacement Fund.

STRATEGIC PLAN 2019 GOALS ADDRESSED

 Maintain A Financially Sound City Government

BACKGROUND

In accordance with Article IX of the City of Missouri City Charter: Transfer of appropriations: Not later than the sixtieth (60th) day after the last day of the fiscal year, the City Manager may transfer part or all of any unencumbered appropriations balance among programs within a department, division, or office and, upon written request by the City Manager, the Council may by ordinance transfer part or all of any unencumbered appropriation balance from one department, office, or agency to another.

In the General Fund, expenditures are increased in various divisions to ensure that the divisions do not exceed its overall revised budget for the fiscal year.

Revenues Expenditures Fund Balance Inc/(Dec) Inc/(Dec) Inc/(Dec) General Fund ($6,300) $0 ($6,300) Hotel/Motel Fund $5,388 ($6,300) $11,688 Fleet Replacement Fund $24,669 $0 $24,669

See attached Exhibit “A” for line item details.

FISCAL ANALYSIS

This is a budget amendment ordinance whereby the net increase/(decrease) to the General Fund Balance is a $6,300 decrease in Fund Balance. In the Fleet Replacement Fund, the Fund Balance increases by $24,669. The Hotel/Motel Fund Balance increases by $11,688.

SUPPORTING MATERIALS

1. Ordinance

STAFF’S RECOMMENDATION

Staff recommends approval.

ORDINANCE NO. O-15- ___

AN ORDINANCE OF THE CITY OF MISSOURI CITY, TEXAS, AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING JULY 1, 2014, AND ENDING JUNE 30, 2015; TRANSFERRING VARIOUS APPROPRIATIONS AMONG ACCOUNTS; APPROPRIATING SUPPLEMENTAL REVENUE TO VARIOUS FUND ACCOUNTS; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO TAKE STEPS NECESSARY TO ACCOMPLISH SUCH TRANSFERS; MAKING CERTAIN FINDINGS; AND CONTAINING CERTAIN PROVISIONS RELATING TO THE SUBJECT.

* * * * * *

WHEREAS, by Ordinance No. O-14-27, passed and approved on June 16, 2014, the City Council of the City of Missouri City (the “City Council”) approved and adopted the City of Missouri City, Texas, Budget for the fiscal year beginning July 1, 2014, and ending June 30, 2015 (“fiscal year 2015”); and

WHEREAS, Article IX, Section 9.04 of the City Charter authorizes the City Council, upon written request by the City Manager, to transfer by Ordinance all or part of any unencumbered appropriations balance from one department, office, or agency to another; and

WHEREAS, Article IX, Section 9.04 of the Charter authorizes the City Council, upon certification by the City Manager, to appropriate by Ordinance all or part of any unencumbered supplemental appropriations balance to one or more fund accounts, including capital improvement projects fund accounts; and

WHEREAS, the City Manager has certified that certain unencumbered appropriations and supplemental appropriations are available and has requested that such unencumbered appropriations be transferred to various other accounts and that such supplemental revenues be appropriated to various fund accounts; and

WHEREAS, it is the desire of City Council to comply with the requests of the City Manager; now therefore,

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MISSOURI CITY, TEXAS:

Section 1. The facts and recitations set forth in the preamble of this ordinance are hereby found to be true and correct.

Section 2. The Budget of the City of Missouri City, Texas, for the fiscal year 2015 be, and is hereby, amended as set forth in Exhibit “A” which is attached hereto and incorporated herein by reference.

AmendBudget FY 2015.08.17.1 Page 1 of 2

Section 3. The appropriate officials are hereby authorized and directed to take those steps necessary to accomplish such transfers and to cause the same to be duly reflected in the records of the City.

PASSED, APPROVED and ADOPTED on first and final reading this ____ day of ______, 2015.

______Allen Owen, Mayor

ATTEST: APPROVED AS TO FORM:

______Maria Gonzalez, City Secretary E. Joyce Iyamu, City Attorney

AmendBudget FY 2015.08.17.1 Page 2 of 2 EXHIBIT "A" BUDGET AMENDMENT - August 17, 2015

REVISED INCREASE/ ADJUSTED ACCOUNT NUMBER ACCOUNT DESCRIPTION BUDGET (DECREASE) BUDGET GENERAL FUND REVENUES 101-01-001-49937 TRANSFER FROM FUND 575 (HOT) 6,300 (6,300) 0 Reduce transfer to Hotel/Motel Fund

TOTAL REVENUES 6,300 (6,300) 0 EXPENDITURES 101-10-108-54002 DUES & SUBSCRIPTIONS 6,720 584 7,304 Communications Subscription costs/renewals

101-12-114-53021 CENTRAL APPRAISAL DISTRICT 144,000 10,424 154,424 Finance Accounting Quarterly FB central appraisal district payments

101-13-122-51001 REGULAR SALARIES 259,065 11,280 270,345 PD Code Enforcement Personnel account additional funds needed

101-13-124-51001 REGULAR SALARIES 1,107,587 (37,947) 1,069,640 PD Support Services Salary savings from unfilled positions

101-14-132-51004 OVERTIME 12,000 10,271 22,271 Fire Prevention Additional overtime for FS #5 opening

101-10-107-90045 TRANSFER TO FUND 575 (HOT) 0 5,388 5,388 Contingency Transfer of FY14 Hotel/Motel funds back to HOT Fund TOTAL EXPENDITURES 1,529,372 0 1,529,372 CHANGE IN FUND BALANCE 7,807,447 (6,300) 7,801,147

HOTEL/MOTEL FUND REVENUES 575-55-575-49904 TRANSFER FROM FUND 101 0 5,388 5,388 Transfer of FY14 Hotel/Motel funds from General Fund TOTAL REVENUES 0 5,388 5,388 EXPENDITURES 575-55-575-90001 TRANSFER TO FUND 101 6,300 (6,300) 0 Reduce transfer to General Fund TOTAL EXPENDITURES 6,300 (6,300) 0 CHANGE IN FUND BALANCE 366,276 11,688 377,964

FLEET REPLACEMENT FUND REVENUES 606-66-606-49103 INSURANCE REIMBURSEMENTS 59,572 24,669 84,241 TML reimbursement insurance for totaled vehicles TOTAL EXPENDITURES 59,572 24,669 84,241 CHANGE IN FUND BALANCE 2,894,434 24,669 2,919,103

the show me city Council Agenda Item August 17, 2015

11. RESOLUTIONS- There are no Resolutions on this agenda.

12. CITY COUNCIL ANNOUNCEMENTS Discussion, review, and possible action regarding a meeting or activity of one or more of the following entities (each entity refers to a City of Missouri City entity unless otherwise indicated): Charter Review Commission, Community Development Advisory Committee, Construction Board of Adjustments, Electrical Board, Parks Board, Planning and Zoning Commission, Tax Increment Reinvestment Zone Boards, Fort Bend Chamber of Commerce, Houston-Galveston Area Council, Fort Bend Regional Council, Texas Municipal League, Fort Bend County, Harris County, Gulf Coast Building and Construction Trades Council, Mayor’s Youth Commission, Finances and Services Committee, Fort Bend Leadership Forum, Fort Bend County Drainage District, Economic Development Committee, Missouri City Police and Fire Auxiliary, Livable Community Committee, Texas Parkway Alliance, High Performance Organization Committee, Missouri City Juneteenth Celebration Foundation, Fort Bend County Mayor and Council Association, METRO, Planning, Development and Infrastructure Committee, Fort Bend Independent School District, Greater Fort Bend Economic Development Coalition, Transportation Policy Council, Community Development Advisory Committee, Technical Advisory Committee, Veterans Memorial Committee, Missouri City Recreation and Leisure Local Government Corporation, Missouri City Development Authority, and Greater Houston Partnership.

13. CLOSED EXECUTIVE SESSION The City Council may go into Executive Session regarding any item posted on the Agenda as authorized by Chapter 551 of the Texas Government Code.

14. RECONVENE Reconvene into Regular Session and Consider Action, if any, on items discussed in Executive Session.

15. ADJOURN