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CITY OF BAYTOWN

NOTICE OF MEETING

CITY COUNCIL SPECIAL MEETING MONDAY, MARCH 19, 2012 6:30 P.M. CITY COUNCIL CHAMBER 2401 MARKET STREET BAYTOWN, TEXAS 77520

AGENDA

CALL TO ORDER AND ANNOUNCEMENT OF QUORUM

PLEDGE AND INVOCATION Council Member Terry Sain, District No. Four

1. MINUTES

a. Consider Approving the Minutes of the Regular Meeting for March 08, 2012 - City Clerk. Consider approving the minutes of the Regular Meeting held on March 08, 2012.

2. RECOGNITIONS AND CITIZEN COMMUNICATIONS

a. Citizen Communication: Daniel McFarland. Mr. Daniel McFarland requests to address Council regarding the lack of restrooms for jurors at the Baytown Municipal Court.

b. Proclamation: National Library Week – Library. Present a proclamation to Sterling Municipal Library for National Library Week, April 8-14, 2012.

c. Proclamation: National Public Safety Telecommunications Week - Communications. Present a proclamation for National Public Safety Telecommunications Week, April 8 - 14, 2012.

d. Proclamation: National Community Development Week - Planning and Development Services. Present a proclamation declaring the week of April 9-14, 2012, as National Community Development Week.

e. Recognition: San Jacinto Hospital's Recognition of Mr. Dana Dalbey. San Jacinto Hospital will present a recognition to Mr. Dana Dalbey, EMS Coordinator for the City of Baytown for his assistance and support regarding the Chest Pain Center Accreditation.

f. Presentation: The Baytown Police Department Receives Recognized Status for Best Practices and Policies and Procedures - Police. The Texas Police Chief's Association will present the Baytown Police Department with a recognized status for best practices and policies.

g. Present Years of Service Awards - Human Resources. Recognize City of Baytown employees for their Years of Service.

h. Present the Employee and Team of the Month - Human Resources. Present the Employee and Team of the Month for February 2012.

3. PROPOSED ORDINANCES

a. Consider Awarding A Construction Contract for the Business 146 Waterline Project - Engineering. Consider awarding a construction contract for the Business 146 Waterline Project.

b. Consider Authorizing the First Amendment to the Lease of Premises with Solid Waste, Ltd. Inc., for the Baytown Marina - Administration. Consider an ordinance authorizing the First Amendment to the Lease of Premises with Solid Waste, Ltd. Inc., for the Baytown Marina.

4. PROPOSED RESOLUTIONS

a. Consider a Resolution Amending the Baytown Downtown Façade Improvement Program Guidelines - Planning and Development Services. Consider a resolution amending Baytown Downtown Façade Improvement Program Guidelines.

5. CONSENT All Consent Agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.

a. Ordinance: Consider a Change in the CDBG PY 2008 Action Plan to Remove

a. Ordinance: Consider a Change in the CDBG PY 2008 Action Plan to Remove the Housing Market Analysis and a Change to the FY 2011 CDAC Budget - Planning and Development Services. Consider an ordinance changing the PY2008 Community Development Block Grant Action Plan to remove the Housing Market Study and making a change to the 2011-12 Community Development Block Grant Budget to reprogram funds from the Housing Market Analysis to the Sidewalk and Alleyway Program.

b. Ordinance: Consider a Change in the CDBG PY2011 Action Plan to Remove the Christian Women's Job Corp Education Expansion Program and a Change in the FY2011 CDBG Budget - Planning and Development Services. Consider an ordinance changing the PY2011 Community Development Block Grant Action Plan to remove the Christian Women's Job Corps Education Expansion Program and making a change in the 2011 FY CDBG Budget to reprogram funds from the Christian Women's Job Corps Education Expansion Program to the Sewer Line Repair and Replacement Program.

c. Ordinance: Variance Request for Baytown Calvary Church Event at Bicentennial Park - Administration. Consider an ordinance granting a variance to the distance requirements contained in the Live Outdoor Exhibition Ordinance for a Baytown Calvary Church Event, which is proposed to be held on April 6, 2012, from 7:00 p.m. to 11:00 p.m. at Bicentennial Park.

d. Ordinance: Consider Authorizing an Industrial District Agreement with Advanced Aromatics LLC - Administration. Consider an ordinance authorizing an Industrial District Agreement with Advanced Aromatics LLC.

e. Ordinance: Consider Authorizing an Industrial District Agreement with Texas Brine Company Baytown, LLC - Administration. Consider an ordinance authorizing an Industrial District Agreement with Texas Brine Company Baytown, LLC.

f. Ordinance: Consider a Community Garden License Agreement with Friends of the Baytown Nature Center - Administration. Consider an ordinance authorizing a License Agreement with the Friends of the Baytown Nature Center for a community garden at the RTC park property on W. Texas Avenue.

g. Ordinance: Consider Authorizing an Interlocal Agreement with Chambers County concerning Subdivision Regulation in the City's ETJ within Chambers County - Administration. Consider an ordinance authorizing an Interlocal Agreement with Chambers County concerning subdivision regulation in the City's extraterritorial jurisdiction within Chambers County.

h. Ordinance: Consider Authorizing the Annual Uniform Rental and Miscellaneous Services Contract - Finance. Consider an ordinance authorizing the Annual Uniform Rental and Miscellaneous Services Contract through the BuyBoard.

i. Ordinance: Consider Authorizing Annual Concrete Raising Services Contract Renewal - Finance. Consider an ordinance authorizing the renewal of the Annual Concrete Raising Services Contract to Superior Grouting Services, Inc.

j. Ordinance: Consider Authorizing Change Order #2 to the Pinehurst Subdivision Sanitary Sewer and Drainage Improvement Project - Engineering. Consider authorizing Change Order #2 to the Pinehurst Subdivision Sanitary Sewer and Drainage Improvement Project.

6. MANAGER'S REPORT Notice is hereby given in accordance with Section 551.0415 of the Texas Government Code, the City Council of the City of Baytown may receive a report about items of community interest from City staff and/or a member of the City Council, but no action or possible action shall be taken or discussed concerning the subject of such report, except as provided by Section 551.042 of the Texas Government Code.

a. Pelly Park Splash Deck Grand Opening - Parks and Recreation. The Pelly Park Splash Deck Grand Opening and Ribbon Cutting is scheduled for Tuesday, March 20, 2012, at 5:00 p.m.

b. Announcement of the Bayland Marina Ribbon Cutting - Parks and Recreation. The ribbon cutting for the Bayland Marina is scheduled for Thursday, April 5th, 2012 at 4:30 p.m.

c. Reminder of City of Baytown Charter Review Committee Public Meetings - Administration. The City of Baytown Charter Review Committee will seek public comment at two public meetings scheduled on March 27th, 2012; the first at 2:00 p.m. and the second at 7:00 p.m. in the City Council Chamber.

7. ADJOURN

PUBLIC NOTICE IS GIVEN THAT IN ADDITION TO ANY EXECUTIVE SESSION LISTED ABOVE, THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION AT ANY TIME AS AUTHORIZED BY THE TEXAS GOVERNMENT CODE SECTIONS 551.071 - 551.088 TO DISCUSS ANY OF THE MATTERS LISTED ABOVE.

THE CITY OF BAYTOWN IS COMMITTED TO COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT. REASONABLE ACCOMMODATIONS AND EQUAL ACCESS TO COMMUNICATIONS WILL BE PROVIDED UPON REQUEST. FOR ASSISTANCE PLEASE CALL 281-420-6522, FAX 281-420-6586, OR CONTACT 281-420-6522 VIA RELAY TEXAS AT 711 OR 1-800-735-2989 FOR TYY SERVICES. FOR MORE INFORMATION CONCERNING RELAY TEXAS, PLEASE VISIT: HTTPS://PUC.STATE.TX.US/RELAYTEXAS/OVERVIEW.ASPX.

AIR-5506 1. a. BAYTOWN CITY COUNCIL MEETING Meeting Date: 03/19/2012 Consider Approving the Minutes of the Regular Meeting for March 08, 2012 - City Clerk. Prepared for: Leticia Brysch Prepared by: Omega Jones, City Clerk's Office Department: City Clerk's Office

Information ITEM Consider approving the minutes of the Regular Meeting held on March 08, 2012.

PREFACE Consider approving the minutes of the Regular Meeting held on March 08, 2012.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact (Additional Information): There is no fiscal impact associated with this item.

Attachments March 8th 2012 Draft Minutes D R A F T MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN

March 08, 2012

The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, March 08, 2012, at 6:30 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance:

Brandon Capetillo Council Member Robert Hoskins Council Member David McCartney Council Member Mercedes Renteria Council Member Terry Sain Council Member Scott Sheley Council Member

Stephen H. DonCarlos Mayor

Robert D. Leiper City Manager Ron Bottoms Deputy City Manager Kevin Troller Assistant City Manager Ignacio Ramirez City Attorney Leticia Brysch City Clerk Keith Dougherty Sergeant at Arms

Mayor DonCarlos convened the March 08, 2012, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present.

Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Capetillo.

1. MINUTES

a. Consider Approving the Minutes of the City Council Regular Meeting for February 23, 2012 - City Clerk.

A motion was made by Council Member Terry Sain and seconded by Council Member David McCartney approving the minutes of the February 23, 2012, City Council Regular Meeting. The vote was as follows:

Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, and Council Member Scott Sheley City Council Regular Meeting Minutes March 08, 2012 Page 2 of 11

Nays: None

Approved

2. RECOGNITIONS AND CITIZEN COMMUNICATIONS

a. Citizen Communication: Shirley Smith.

Ms. Shirley Smith stated that she lives at 201 W. Humble and requested to address Council regarding the stray cat population being out of hand with the resulting damage to properties, disease, and its effect on the bird population.

Mr. Leonard Morgan registered to speak before Council in regards to item 2.a. and stated that he's lived in Baytown the majority of his life and there's a good system for catching stray animals in place. Mr. Morgan stated that the pet owners need to be educated on their responsibility of keeping an animal.

b. Proclamation: American Red Cross Month - Administration.

Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented a proclamation decreeing the month of March as "American Red Cross Month."

c. Present the Employee and Team of the Month - Human Resources.

City Manager Leiper presented the agenda item and recognized the January employee of the month to Sgt. Chris Rymer and the team of the month to Eleazar Arellano, Dale Armistead, Camille Borowiak, Dustin Burton, Angel Comeaux, Mitch Dasent, Lorenzo Goodley, Leonard Graham, Kelly Hale, Justyn Hospedales, Mark Kahler, Minh Kotlarz, Freddy Mixon, Angel Sanchez and Tony Sorola.

d. Presentation: 2012 3rd and 4th of July Celebration - Parks and Recreation.

Parks and Recreation Director, Scott Johnson presented the schedule and entertainment lineup for the 2012 3rd and 4th of July Celebration. Mr. Johnson stated that this year's event will begin rocking at 6:00 P.M., Tuesday, July 3rd; with the local musician, Ryan Guidry followed by 2011 “The Voice” Finalist, Casey Weston at 7:00 P.M. The headliner for the evening “The Marshall Tucker Band” will take center stage at 8:00 P.M.

Mr. Johnson stated that due to the intense heat during the afternoon, the start of the annual festival will begin at 5:00 P.M. with the opening of the vendor booths followed by the Annual 4th of July Parade at 5:30 P.M. The parade will start on Market Street and turn onto Lee Drive and will be followed by Texas music star Cory Morrow at 6:00 P.M. Traditional July 4th Ceremonies will be at 7:45 P.M. with this year’s Headliner, Texas country music star Robert Earl Keen, who will take the stage at 8:00 P.M. followed by the Annual Fireworks Extravaganza at 9:30 P.M. City Council Regular Meeting Minutes March 08, 2012 Page 3 of 11

e. Presentation: Texas Municipal League and City Council Awards - Administration.

City Manager Leiper presented the agenda item and Council Members McCartney and Sheley presented a report of their attendance at the Texas Municipal League Conference and receipt of City Council Awards.

Council Member Sheley stated that he and Council Member McCartney received the certified Municipal Official Designation Award, which is the highest award to be received in the organization.

3. PROPOSED ORDINANCES

a. Consider Granting a Variance to Extend the Temporary Housing Permit at 517 S. Burnet Dr., Baytown, Harris County, Texas, until December 31, 2012 - Planning and Development Services.

City Manager Leiper presented the agenda item and stated that Ordinance No. 11,885 authorizes a variance to Section 22-124 of the Code of Ordinances, Baytown, Texas (the"Code") to extend the Temporary Housing Permit at 517 S. Burnet Dr., Baytown, Harris County, Texas, until December 31, 2012.

City Manager Leiper stated that in the aftermath of Hurricane Ike in 2008, the City Council passed Section 22-124 of the Code, which allows a temporary structure permit for the temporary placement of an approved manufactured home or recreational vehicle on property during rehabilitation or reconstruction of the single-family dwelling unit, with guidelines, restrictions and timeframes. City Manager Leiper stated that Mr. James Ward, the owner of this property, has met the timeframe in which administration can allow, but needs more time to complete other repairs. City Manager Leiper stated that Mr. Ward has been unable to complete the reconstruction of his dwelling due to circumstances beyond his control and the timing of such work is dependent upon Harris County.

Council Member Capetillo stated that some citizens are still waiting on assistance for damages from Hurricane Ike and are not making the repairs themselves because making the repairs disqualifies them from the assistance program.

A motion was made by Council Member Brandon Capetillo and seconded by Council Member Mercedes Renteria III approving Ordinance No. 11,885. The vote was as follows:

Nays: None

Approved

ORDINANCE NO. 11,885

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A VARIANCE TO SECTION 22- 124 OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO EXTEND THE TEMPORARY HOUSING PERMIT AT 517 S. BURNET DR., BAYTOWN, HARRIS COUNTY, TEXAS, UNTIL DECEMBER 31, 2012; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider Tenth Annual Bayou Bowl Advertising Services Agreement - Administration.

City Manager Leiper presented the agenda item and stated that Ordinance No. 11,886 authorizes the agreement with the Bayou Bowl and approves the Bayou Bowl's budget of $65,000 which is the same level of funding from last year with there being no substantive changes in the agreement. The 2012 Bayou Bowl will be held at Stallworth Stadium on June 16, 2012.

A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Terry Sain approving Ordinance No. 11,886. The vote was as follows:

Nays: None

Approved

ORDINANCE NO. 11,886

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THECITY CLERK TO ATTEST TO AN AGREEMENT FOR ADVERTISING SERVICES FOR THE 10TH ANNUAL BAYOU BOWL WITH THE BAYOU BOWL ASSOCIATION; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED SIXTY-FIVE THOUSAND AND NO/100 DOLLARS City Council Regular Meeting Minutes March 08, 2012 Page 5 of 11

($65,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

4. REPORTS

a. Present 2011 Racial Profiling Report - Police.

Police Chief, Keith Dougherty presented the 2011 Racial Profiling Report that was sent to the state. Chief Dougherty stated that the report reflects the stops that are from the make up of the community and most of the arrests from the report are from warrants and not actual violations.

b. Present Report Regarding Recent Meetings with Congressional Delegation and Federal Government Representatives - Administration.

City Manager Leiper and Mayor DonCarlos presented a brief report regarding their recent trip to Washington D.C. Mayor DonCarlos stated that during the they visited with representatives from the Federal Highway Administration, the Texas Department of Transportation, the Department of Labor, and the Department of Commerce. Mayor DonCarlos stated that there were discussions in regards to job training initiatives and the representative from the Federal Highway Administration organized a conference call with their state liaisons from Austin and Dallas and they discussed the completion of the flyovers on Highway 146 and the 330 Spur and the possible traffic issues coming into the city to include the 146 corridor from Alexander to I-10 and funds for landscaping along I- 10. Representatives have contacted City Manager Leiper and agreed to tour the location for future projects that were discussed. Mayor DonCarlos stated that in meeting with Commerce Department, the discussion included facilities for job trainings and a possible work force academy. There was discussion regarding possible funds for the street-scaping of Texas Avenue; City Manager Leiper stated that at this time, there were no funds available for that type of program.

City Manager Leiper stated, in response to a question from Council, that the gateway at I- 10 and Decker was held up, but is now approved.

5. CONSENT

City Manager Leiper stated that item 5.d. was the item pulled from the previous meeting, because it needed more work, and noted that its approval is for the specified items listed on the red lined ordinances at the Council’s places. City Manager Leiper also noted that the ordinance allowed him to authorize the terms of the agreement.

A motion was made by Council Member Scott Sheley, and seconded by Council Member David McCartney approving agenda items 5.a., 5.b., 5.c., 5.d., 5.e., 5.f., and 5.g. the vote was as follows:

City Council Regular Meeting Minutes March 08, 2012 Page 6 of 11

Nays: None

Approved a. Ordinance No. 11,887: Consider Authorizing the Closeout of the Energy Efficiency and Conservation Block Grant (EECBG) Sidewalk Project - Engineering.

ORDINANCE NO. 11,887

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT (EECBG) SIDEWALK PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF TWENTY- NINE THOUSAND FOUR HUNDRED NINETY-ONE AND 39/100 DOLLARS ($29,491.39) TO D&W CONTRACTORS, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Ordinance No. 11888: Consider Agreement for Professional Services for Rehabilitation of Water Tanks on Bayway Drive and Baker Road - Engineering.

ORDINANCE NO. 11,888

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH DUNHAM ENGINEERING, INC., FOR THE REHABILITATION OF WATER TANKS ON BAYWAY DRIVE AND BAKER ROAD PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($150,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

City Council Regular Meeting Minutes March 08, 2012 Page 7 of 11

c. Ordinance No. 11,889: Consider Authorizing a Professional Services Agreement for Water Distribution System Model Development- Engineering.

ORDINANCE NO. 11,889

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH MALCOLM PIRNIE, INC., FOR THE WATER DISTRIBUTION SYSTEM MODEL DEVELOPMENT PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED NINETEEN THOUSAND SEVEN HUNDRED THIRTY- FIVE AND NO/100 DOLLARS ($119,735.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Ordinance No. 11,890: Consider Authorizing West District WWTP Expansion Change Order No. 3 - Engineering.

ORDINANCE NO. 11,890

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING PART 1 OF CHANGE ORDER NO. 3 WITH LEM CONSTRUCTION COMPANY, INC., FOR THE WEST DISTRICT WASTEWATER TREATMENT PLANT EXPANSION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED NINETY-NINE THOUSAND THREE HUNDRED NINETY-FOUR AND 64/100 DOLLARS ($199,394.64); AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE PART 2 OF SUCH CHANGE ORDER FOR AN AMOUNT NOT TO EXCEED ONE HUNDRED EIGHTY-THREE THOUSAND ONE HUNDRED SEVENTY-SIX AND 38/100 DOLLARS ($183,176.38); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

e. Ordinance No. 11,891: Consider Amending Ordinance No. 11,682 to Authorize a Consent to Easement Agreement with the U.S. Army Corps of Engineers - Engineering.

ORDINANCE NO. 11,891

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING ORDINANCE NO. 11,682, City Council Regular Meeting Minutes March 08, 2012 Page 8 of 11

PASSED ON JULY 14, 2011, CONCERNING A DREDGE MATERIAL PLACEMENT AGREEMENT WITH THE PORT OF HOUSTON AUTHORITY FOR THE BAYLAND MARINA RECONSTRUCTION PROJECT TO AUTHORIZE AND DIRECT THE CITY MANAGER TO EXECUTE THE CONSENT TO EASEMENT AGREEMENT WITH THE U.S. ARMY CORPS OF ENGINEERS FOR SUCH PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN ADDITIONAL AMOUNT NOT TO EXCEED SIXTY THOUSAND FORTY-NINE AND 20/100 DOLLARS ($60,049.20); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Ordinance No. 11,892: Consider a Change to the FY2011-12 Budget for Concrete Street Repairs Due to Drought-Related Conditions - Administration.

ORDINANCE NO. 11,892

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING A CHANGE IN THE CITY OF BAYTOWN’S FISCAL YEAR 2011-2012 BUDGET FOR MUNICIPAL PURPOSES IN ORDER TO REPROGRAM FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000.00) IN UNFORESEEN/NEW INITIATIVES IN THE STREET MAINTENANCE SALES TAX FUND TO FUND INCREASED CONCRETE STREET REPAIRS DUE TO DROUGHT-RELATED CONDITIONS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Ordinance No. 11,893: Consider Amending Section 98-56 (g) of The Code of Ordinances Regarding Reconnection of Utility Services on Property Encumbered by a Utility Lien - Finance.

ORDINANCE NO. 11,893

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 98 “UTILITIES,” ARTICLE III “WATER SERVICE,” SECTION 98-65 “LIENS,” SUBSECTION (G) “RECONNECTION OF SERVICES” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, REGARDING THE RECONNECTION OF UTILITY SERVICE ON PROPERTY ENCUMBERED BY A UTILITY LIEN; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.

City Council Regular Meeting Minutes March 08, 2012 Page 9 of 11

6. APPOINTMENTS

a. Appointments: Tow Truck Appointment - City Clerk.

City Manager Leiper presented the agenda item to consider the reappointments of Ms. Hall, Ms. Barnett, and Ms. Price to the Baytown Tow Truck Committee whose terms are set to expire on March 31, 2012.

Ms. Hall and Ms. Barnett desire reappointment for another two year term beginning April 01, 2012, and ending on March 31, 2014. Additionally, Ms. Kameron Price is also seeking reappointment for another one year term that is set to expire on March 31, 2013.

A motion was made by Council Member David McCartney and seconded by Council Member Terry Sain approving the reappointments of Ms. Hall, Ms. Barnett, and Ms. Price to the Baytown Tow Truck Committee. The vote was as follows:

Nays: None

Approved b. Appointments: Baytown Tax Increment Reinvestment Zone No. One and Baytown Redevelopment Authority - City Clerk.

City Manager Leiper presented the agenda item to consider the appointment of Mr. Pete Cote to represent the Goose Creek CISD on the Baytown Tax Increment Reinvestment Zone No. One and the Baytown Redevelopment Authority for a two year term beginning January 01, 2012 and expires on December 31, 2013.

A motion was made by Council Member David McCartney, and seconded by Council Member Robert C. Hoskins

Nays: None

Approved

City Council Regular Meeting Minutes March 08, 2012 Page 10 of 11

c. Appointments: Baytown Housing Authority Appointments - City Clerk.

Mayor DonCarlos presented the agenda item to consider his three (3) reappointments of Mr. Fred Aguilar, Mr. Jim Giroir, and Ms. Fran Parent to the Baytown Housing Authority Board whose terms are set to expire on March 31, 2012. All members are eligible for reappointment and desire to continue to serve for another two year term set to expire on March 31, 2014.

A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving the reappointments of Mr. Aguilar, Mr.Giroir, and Ms. Parent to the Baytown Housing Authority Board. The vote was a follows:

Nays: None

Approved

7. MANAGER'S REPORT

a. Roseland and Bergeron Spray Park Summer Opening - Parks and Recreation.

City Manager Leiper presented the agenda item and stated that the Roseland Spray Park and the Bergeron Spray Park reopens for the summer on Saturday, March 10th at 10 a.m.

b. McElroy Park Spray Park Grand Opening - Parks and Recreation.

City Manager Leiper stated that the Grand Opening for McElroy Park Spray Park Grand Opening is planned for Thursday, March 15, 2012, at 4:30 P.M. and the Pelly Spray Park is planned for March 20, 2012 at 5:00 P.M.

City Manager Leiper stated that the Ribbon Cutting for the Bayland Marina is planned for Thursday, April 5th, but time will depend on the MDD meeting schedule.

City Manager Leiper stated that the Charter Review Committee meetings have changed to Tuesdays and there will be two public meetings on March 27, 2012, at 2:00 P.M. and 7:00 P.M., in the Council Chamber to solicit feedback in regards to some of the items being discussed.

City Manager Leiper stated that daylight savings time is Sunday, March 11, 2012 at 2:00A.M., and reminded everyone to change their clocks and batteries. City Council Regular Meeting Minutes March 08, 2012 Page 11 of 11

8. ADJOURN

A motion was made by Council Member Mercedes Renteria III and seconded by Council Member David McCartney adjourning the March 08, 2012, City Council Regular Meeting. The vote was as follows:

Approved

With there being no further business to discuss, Mayor DonCarlos adjourned the March 08, 2012, City Council Regular Meeting at 7:25 P.M.

______Leticia Brysch, City Clerk City of Baytown

AIR-5972 2. a. BAYTOWN CITY COUNCIL MEETING Meeting Date: 03/19/2012 Citizen Communication: Daniel McFarland Prepared for: Leticia Brysch Prepared by: Jason Cozza, City Clerk's Office Department: City Clerk's Office

Information ITEM Mr. Daniel McFarland requests to address Council regarding the lack of restrooms for jurors at the Baytown Municipal Court.

PREFACE The City Clerk's office received a request to address Council from Mr. Daniel McFarland on March 7, 2012. A letter notifying Mr. McFarland of his placement on the agenda was sent via ground mail on March 14, 2012. Both documents are attached for your review.

RECOMMENDATION

Attachments Request to Appear Before Council Letter to Appear Before Council

AIR-5697 2. b. BAYTOWN CITY COUNCIL MEETING Meeting Date: 03/19/2012 Proclamation: National Library Week – Library. Prepared for: Katherine Brown Department: Library

Information ITEM Present a proclamation to Sterling Municipal Library for National Library Week, April 8-14, 2012.

PREFACE The City Council of the City of Baytown joins the Sterling Municipal Library in celebrating National Library Week from April 8-14, 2012.

National Library Week is geared toward promoting the values of libraries and librarians across the country and the world; acknowledging their commitment and value, and celebrating their many years of dedicated service.

RECOMMENDATION

AIR-5698 2. c. BAYTOWN CITY COUNCIL MEETING Meeting Date: 03/19/2012 Proclamation: National Public Safety Telecommunications Week - Communications. Prepared for: Communications Department: Communications

Information ITEM Present a proclamation for National Public Safety Telecommunications Week, April 8 - 14, 2012.

PREFACE In 1991, the United States Congress declared the second week in April as National Public Safety Telecommunications Week. During the week of April 8- 14, 2012, the Baytown Mayor, City Council, and City Manager's Office wants to publicly recognize the outstanding contributions of Baytown's professional telecommunicators to our first responders and the safety of our citizens.

Baytown's public safety telecommunicators processed nearly ½ million telephone calls in 2011 and are the first and most critical contact that our citizens have with Baytown’s emergency services. These telecommunicators are the vital link to those calling for help and to police officers, firefighters, and paramedics. They monitor emergency personnel activities by radio and telephone and provide life-saving information.

The safety of our police officers, firefighters, and paramedics is dependent upon the quality and accuracy of information obtained by Baytown’s telecommunicators. The public safety telecommunicators of the Baytown Emergency Communications Center have contributed significantly to the apprehension of criminals, suppression of fire, and the treatment of patients in life-threatening situations. They exhibit compassion, empathy, and professionalism in the midst of emergency situations, keeping our community and citizens safe.

National Public Safety Telecommunications Week is a week in which we honor the employees of our Emergency Communications Center and recognize them for their diligence, service, and professionalism in helping to keep Baytown and its citizens, employees, and visitors safe.

RECOMMENDATION

AIR-5876 2. d. BAYTOWN CITY COUNCIL MEETING Meeting Date: 03/19/2012 Proclamation: National Community Development Week - Planning and Development Services. Prepared for: Kelly Carpenter Department: Planning and Development Services

Information ITEM Present a proclamation declaring the week of April 9-14, 2012, as National Community Development Week.

PREFACE The City of Baytown proudly supports the National Community Development Association in recognizing the week of April 9-14, 2012, as National Community Development Week.

This annual campaign is designed to focus attention on the numerous accomplishments of the CDBG Program. Over the past 38 years, the program has provided funds to local governments and States to assist low-moderate income citizens and areas.

In Baytown, CDBG is currently funding homebuyers' assistance, housing rehab, sidewalk improvements, senior and disabled transportation, clothing and shoes for school children, and a host of other programs designed to benefit low-moderate income individuals.

CDBG coincides with the City's Visioning Statement in a variety of ways including helping to eliminate slum and blighted conditions in Baytown.

RECOMMENDATION

AIR-5857 2. e. BAYTOWN CITY COUNCIL MEETING Meeting Date: 03/19/2012 Recognition: San Jancinto Hospital's Recongition of Mr. Dana Dalbey. Prepared for: Adminsitration Prepared by: Leticia Brysch, City Clerk's Office Department: Administration

Information ITEM San Jacinto Hospital will present a recognition to Mr. Dana Dalbey, EMS Coordinator for the City of Baytown for his assistance and support regarding the Chest Pain Center Accreditation.

PREFACE Representatives from San Jacinto Hospital will present a recognition to Mr. Dana Dalbey, EMS Coordinator for the City of Baytown for his assistance and support of the Chest Pain Center accreditation.

The Society of Chest Pain Centers (Society) is a non-profit international society that bridges cardiology, emergency medicine, emergency medical services and other professions focused upon improving care of patients with acute coronary syndromes (ACS) and heart failure. The Society promotes protocol-based medicine, often delivered through a Chest Pain Center model, to address the diagnosis and treatment of ACS and heart failure, and to promote the adoption of process improvement science by healthcare providers.

The Chest Pain Center is promoted by the Society as an Operational Model for ACS care. Within this model, facilities can plan and organize the delivery of care in a systematic manner conducive to a process improvement and patient safety approach. In an effort to make this approach available to the widest possible hospital constituency, the Society offers Chest Pain Center Accreditation.

One of the key elements in the accreditation process is to ensure the hospital recognizes the Emergency Medical Services (EMS) as an extension of the care that is provided to the Acute Coronary Syndromes (ACS) patient, allowing both the EMS and the facility to foster an integrated relationship. For those patients who call 911, the EMS is the first point of contact. In order to improve the care of the ACS patient both the hospital and the EMS must work closely together to create a seamless working relationship.

The San Jacinto Hospital is proud to present this recognition to Mr. Dana Dalby and his The San Jacinto Hospital is proud to present this recognition to Mr. Dana Dalby and his unfailing support of to this community and the emergency medical services profession.

RECOMMENDATION

Fiscal Impact Fiscal Year: 2012 Acct Code: n/a Source of Funds (Operating/Capital/Bonds): n/a Funds Budgeted Y/N: n Amount Needed: n/a Fiscal Impact (Additional Information): None

AIR-5818 2. f. BAYTOWN CITY COUNCIL MEETING Meeting Date: 03/19/2012 Presentation: The Baytown Police Department Receives Recognized Status for Best Practices and Policies and Procedures - Police. Prepared for: Keith Dougherty Prepared by: Leticia Brysch, City Clerk's Office Department: Police

Information ITEM The Texas Police Chief's Association will present the Baytown Police Department with a recognized status for best practices and policies.

PREFACE Chief Keith Dougherty will receive on behalf of the Baytown Police Department a certificate of recognized status for best practices and policies from the Texas Chief's Association.

RECOMMENDATION

AIR-5780 2. g. BAYTOWN CITY COUNCIL MEETING Meeting Date: 03/19/2012 Years of Service Awards Prepared for: Carol Flynt Prepared by: Samantha Villalon, Human Resources Department: Human Resources

Information ITEM Recognize City of Baytown employees for their Years of Service.

PREFACE 5 YEARS: Drew Potts, Purchasing Manager, Finance Jesse Gutierrez, Detention Officer, Police Mark Miller, Paramedic, Health

25 YEARS: David Barron, Warehouse Manager, Finance Kenneth Dew, Sergeant, Police

RECOMMENDATION

Attachments Kenneth Dew

Kenneth Dew 25 years of Service

Kenneth graduated from Ross Sterling High School in 1985 and became a Jailer with the Baytown Police Department in 1987. He went on to attend the University of Houston-Downtown Police Academy and graduated third in his class. In December of 1994, he was hired as a Patrol Officer with the Baytown Police Department, assigned to work both the evening and graveyard shifts.

Three years later, he transferred to the Harris County Organized Crime / Narcotics Task Force Unit where worked multi-jurisdiction cases involving state and federal authorities. In 1998 he returned to fill a vacancy in the local Narcotics Squad. After spending seven years in this division, he transferred to the Criminal Investigations Division where he investigated burglary, theft and person’s crimes.

Besides various letters of appreciation from citizens and commendations from supervisors Kenneth has received the following awards:  Officer of the Month  Nominated for Public Safety Officer of the Year  Two Commander Award of Excellence  Emergency Service Ribbon  Three Honorable Conduct Medals

Kenneth currently holds an Advanced Texas Peace Officers Certificate. In March of 2008 was promoted to the rank of Sergeant where supervised the “Hot Spot Unit” before being assigned to his current day shift “Street Supervisor” position.

AIR-5762 2. h. BAYTOWN CITY COUNCIL MEETING Meeting Date: 03/19/2012 Employee and Team of the Month - Human Resources. Prepared for: Carol Flynt Prepared by: Samantha Villalon, Human Resources Department: Human Resources

Information ITEM Present the Employee and Team of the Month for February 2012.

PREFACE FEBRUARY EMPLOYEE OF THE MONTH: Veronica Arenas, Parks and Recreation Department

FEBRUARY TEAM OF THE MONTH: Bill Baylis, Amy Haire, Barry Hawkins, Carol Howell, Leasa Lopez, Misty Lowe, Shawn Fischer, Mark Freeman, Drew Potts, Shawn Russi and Russell White

RECOMMENDATION

AIR-5860 3. a. BAYTOWN CITY COUNCIL MEETING Meeting Date: 03/19/2012 Consider Awarding Construction Contract for Business 146 Waterline Project - Engineering. Prepared for: Linda Newsted Prepared by: Linda Newsted, Engineering Department: Engineering

Information ITEM Consider awarding a construction contract for the Business 146 Waterline Project.

PREFACE The proposed ordinance is to award a construction contract for Business 146 Waterline to ISI Contracting, Inc., for an amount not to exceed $164,780.00.

The scope includes constructing approximately 530 feet of flanged steel waterline attached to a new West Bound TxDOT bridge, connecting the line to existing waterlines that are in the Business 146 right-of-way on both ends to the bridge.

One bid was received and publicly opened on March 8, 2012, at 2:30 p.m. in the City Council Chambers.

This project supports the City of Baytown’s Infrastructure Maintenance and Improvement vision by improving the level of services and infrastructure.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: Acct Code: 53304 - 85001 Source of Funds (Operating/Capital/Bonds): COs Funds Budgeted Y/N: Amount Needed: $164,780. Fiscal Impact (Additional Information):

Attachments

CITY OF BAYTOWN, TEXAS

INDEBTEDNESS CERTIFICATION ID

Project Name: Business 146 Wateiiine Project

Company Name: ISI Contracting, Inc.

Department: Engineering

Date: 3/12/12-3/19/12

A review of the above-described company was made in accordance with 2-663 of the City of Baytown Code ofOrdinances and the aforementioned company was found:

O to be indebted to the City in the following areas:

I not to be indebted to the Cilv.

It is hereby certified the above is true and correct based on the best information available.

Director of Finance Date

For information regarding this certificate, please contact the Finance Director at 281-420-6531.

If an appeal to this determination is to be filed under section 2-664 of this code, please forward to the following address: City of Baytown Director of Finance P O Box 424 Baytown. TX 77522-0424 Slli/Q/IndeblednessC 'erlification/3-12- ID

»xy

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH ISI CONTRACTING, INC., FOR THE BUSINESS 146 WATERLINE PROJECT IN AN AMOUNT NOT TO EXCEED ONE HUNDRED SIXTY-FOUR THOUSAND SEVEN HUNDRED EIGHTY AND NO/100 DOLLARS ($164,780.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

************************************************************************************* WHEREAS, the City of Baytown did advertise for bids for the Business 146 Waterline Project to be received on March 8, 2012; and WHEREAS, notice to bidders as to the time and place, when and where the bids would be publicly opened and read aloud was published pursuant to provisions of Texas Local Government Code Annotated § 252.041; and WHEREAS, all bids were opened and publicly read at City Hall at 2:30 o'clock p.m., Thursday, March 8, 2012, as per published notice to bidders; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown hereby accepts the bid of ISI Contracting, Inc., for the Business 146 Waterline Project according to the plans and specifications set forth by the City’s engineer and authorizes payment of an amount not to exceed ONE HUNDRED SIXTY-FOUR THOUSAND SEVEN HUNDRED EIGHTY AND NO/100 DOLLARS ($164,780.00); based upon the unit prices specified in the bid, and the City Manager and the City Clerk of the City are hereby authorized and directed to execute and attest to a contract with ISI Contracting, Inc., for the above-described project, said contract containing the plans, specifications, and requirements of the City’s engineer and appropriate bond requirements in accordance with the provisions of Texas Government Code, Chapter 2253. Section 2: That pursuant to the provisions of Texas Local Government Code Annotated § 252.048, the City Manager is hereby granted general authority to approve any change order involving a decrease or an increase in costs of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) or less, subject to the provision that the original contract price may not be increased by more than twenty-five percent (25%) or decreased by more than twenty-five percent (25%) without the consent of the contractor to such decrease. Section 3: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 19th day of March, 2012.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

\\Cobfs01\legal\Karen\Files\City Council\Ordinances\2012\March 19\AwardBusiness146Waterline2ISI.doc

AIR-5965 3. b. BAYTOWN CITY COUNCIL MEETING Meeting Date: 03/19/2012 Authorizing the First Amendment to the Lease of Premises with Solid Waste, Ltd. Inc., for the Baytown Marina - Administration. Prepared for: Administration Prepared by: Karen Horner, Legal Department: Legal

Information ITEM Consider an ordinance authorizing the First Amendment to the Lease of Premises with Solid Waste, Ltd. Inc., for the Baytown Marina.

PREFACE This proposed ordinance authorizes the First Amendment to the Lease of Premises with Solid Waste, Ltd. Inc. ("Solid Waste") for the Bayland Marina.

On February 4, 2002, the City entered into a Lease of Premises Agreement with Solid Waste for the lease and operation of the Harbor Master Facility located on a portion of Bayland Island. Because of the damage to the Marina during Hurricane Ike, Solid Waste has been unable to operate the Marina and the City has suspended its rental payments during this time. However, with the opening of the new marina, the City and Solid Waste wish to amend the agreement (i) to clarify the maintenance of the marina to ensure that it is consistent with and does not invalidate the new warranty on the floating dock system and (ii) to update the lease to reflect the appropriate rental payments recognizing that the marina is currently not occupied. As proposed, the future monthly rental payments will be as follows:

Months Monthly Base Rental Payment* April 1, 2012 – July 31, 2012 $1.00 August 1, 2012 – March 31, 2013 $3,905 x (# Occupied Slips/Total Slips) $3,905 x ((# Occupied Slips X 2) /Total Slips) April 1, 2013 – March 2014 or $3,905 once at least half of the slips are occupied April 1, 2014 – End of Remaining Option Periods $3,905 *Beginning April 1, 2013, the monthly rental payment shall be increased yearly by the applicable CPI-U; provided the total CPI-U increase in any 5-year period may not exceed 12.5%.

The additional rental payments will still be calculated as 5%x (monthly gross revenues - (Base Rent/.05)). Such additional rental payments will not commence until April 1, 2012.

Attached is a draft of the proposed amendment. Attached is a draft of the proposed amendment.

This item supports the City's vision of creating a community of which we can be proud.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: N/A Fiscal Impact (Additional Information): Rental payments will be credited to the Bayland Island fund.

Attachments Ordinance - First Amendment to Marina Contract Exhibit A - First Amendment to Marina Contract AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE FIRST AMENDMENT TO THE LEASE OF PREMISES WITH SOLID WASTE, LTD. INC.; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

*********************************************************************************

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

Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the City Manager to execute and the City Clerk to attest to the First Amendment to the Lease of Premises with Solid Waste, Ltd. Inc. A copy of said amendment is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes.

Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown.

INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 19th day of March, 2012.

______STEPHEN H. DONCARLOS, Mayor

ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

\\Cobfs01\legal\Karen\Files\City Council\Ordinances\2012\March 19\FirstAmendment2ShipsStoreLease.doc Exhibit "A"

FIRST AMENDMENT TO THE LEASE OF PREMISES BETWEEN THE CITY OF BAYTOWN AND SOLID WASTE, LTD. INC.

STATE OF TEXAS § § KNOWN BY THESE PRESENTS: COUNTY OF HARRIS §

This First Amendment to the Lease of Premises (“Amendment”), is made by and between the City of Baytown, a home-rule municipal corporation, located in Harris and Chambers Counties, Texas (“Lessor”), and Solid Waste, Ltd. Inc., a Texas corporation, (“Lessee”) on the date hereinafter last specified.

W I T N E S S E T H:

WHEREAS, on the 4th day of February, 2002, the City entered into a Lease of Premises Agreement (the “Lease”) with Solid Waste, Ltd. Inc. (“Lessee”) for the lease and operation of the Harbor Master Facility located on a portion of Bayland Island; and

WHEREAS, Lessee exercised its right to extend the Lease for the first five-year option period, which commenced the 4th day of February, 2005; and

WHEREAS, thereafter on January 24, 2008, Lessee exercised its right to extend the Lease for the second five-year option period, which commenced the 4th day of February, 2010; and

WHEREAS, the parties have agreed to amend the lease to update the rental payments due to reflect the consumer price index (urban) increases occurring during the time the Lease payments were suspended due to damages caused by Hurricane Ike;

NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the parties hereto do hereby mutually agree as follows:

1. Interpretation. Unless a different meaning clearly appears from the context, words and phrases as used in this Amendment shall have the same meanings as in the Lease.

2. Term. The Lessor and the Lessee hereby agree that the Lease is currently in its second option period, which commenced on 4th day of February, 2010, and will expire on the 3rd day of February, 2015. Thereafter, the Lease may be extended at the option of the Lessee for its third additional five-year term in accordance with Section 2.02 of the Lease.

3. Release. The parties understand and agree that, regardless of anything contained herein to the contrary, all payments required of either party hereto prior to the effective date of this amendment have been paid in full. Neither party shall make a claim against or seek to recover against the other for any monies or any damages occurring prior to the effective date hereof. To this end, both parties hereto hereby release, relinquish and discharge the other party, and such party’s

First Amendment, Page 1 officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any loss or damage caused by or alleged to be caused by, arising out of, or in connection with the Lease.

4. Amendments.

a. Article 2 “Term and Rental,” Section 2.04 “Rental Payments” is hereby amended to read as follows:

2.04. Rental Payments.

(1) January 1, 2003 – December 31, 2004. Starting on January 1, 2003, and continuing through December 31, 2004, Lessee agrees to pay Lessor rent in monthly payments as follows:

January 1, 2002 ...... $1.00 February 1,2002 ...... $1.00 March 1,2002 ...... $1.00 April 1, 2002 ...... $1.00 May 1,2002 ...... $1,000.00 June 1,2002 ...... $1,000.00 July 1, 2002 ...... $1,000.00 August 1,2002 ...... $2,000.00 September 1, 2002 ...... $2,000.00 October 1, 2002 ...... $2,000.00 November 1, 2002 ...... $2,000.00

December 1, 2002, and the first of each subsequent month through December 1, 2003, the monthly base rent shall be $3,000.00 per month.

(2) January 1, 2004 – August 30, 2008. Starting January 1, 2004, through August 30, 2008, all rent shall be increased yearly by an applicable CPI adjustment. The first CPI adjustment shall be calculated based upon the base rent due on January 1, 2004, and increased by (i) the Consumer Price Index (Urban) of the twelve months prior to January 1, 2004, or (ii) 12.5%, whichever is less. The base rent shall again be increased each year thereafter based upon the base rent due the then previous year and either (i) the Consumer Price Index (Urban) of the twelve months prior to the five-year anniversary date or (ii) 12.5%, whichever is less. The total CPI increase in any five year (5) term shall not exceed 12.5%.

(3) September 1, 2008 – March 31, 2012. Starting September 1, 2008, to March 31, 2012, there shall be no rental payment due under this section.

(4) April 1, 2012 – March 1, 2013. For one year commencing on April 1, 2012, Lessee agrees to pay Lessor rent in monthly payments as follows:

April 1, 2012 ...... $1.00 May 1, 2012 ...... $1.00 June 1, 2012 ...... $1.00 July 1, 2002 ...... $1.00

First Amendment, Page 2 August 1, 2012 ...... $3,905 x (# Occupied Slips/Total Slips) September 1, 2012 ...... $3,905 x (# Occupied Slips/Total Slips) October 1, 2012 ...... $3,905 x (# Occupied Slips/Total Slips) November 1, 2012 ...... $3,905 x (# Occupied Slips/Total Slips) December 1, 2012 ...... $3,905 x (# Occupied Slips/Total Slips) January 1, 2013 ...... $3,905 x (# Occupied Slips/Total Slips) February 1, 2013 ...... $3,905 x (# Occupied Slips/Total Slips) March 1, 2013 ...... $3,905 x (# Occupied Slips/Total Slips)

As used in the above-referenced formula, the number of occupied slips shall be determined on the last day of the previous month.

(5) April 1, 2013 – March 1, 2014. For one year commencing on April 1, 2013, Lessee agrees to pay Lessor rent in monthly payments as follows:

$3,905 x ((# Occupied Slips X 2) /Total Slips);

provided that, once at least half of the slips are occupied, Lessee agrees to pay Lessor $3,905 per month as rent, regardless if occupancy falls below 50% thereafter.

As used in the above-referenced formula, the number of occupied slips shall be determined on the last day of the previous month.

(6) April 1, 2014 – End of All Option Periods. From and after April 1, 2014, Lessee agrees to pay Lessor $3,905 per month as rent.

From and after April 1, 2013, all rent shall be increased yearly by an applicable CPI adjustment. The first CPI adjustment shall be calculated based upon the base rent due on April 1, 2013, and increased by (i) the Consumer Price Index (Urban) of the twelve months prior to April 1, 2013, or (ii) 12.5%, whichever is less. The base rent shall again be increased each year thereafter based upon the base rent due the then previous year and either (i) the Consumer Price Index (Urban) of the twelve months prior to the five-year anniversary date or (ii) 12.5%, whichever is less. The total CPI increase in any five year (5) term shall not exceed 12.5%.

b. Article 2 “Term and Rental,” Section 2.05 “Additional Rent” is hereby amended to read as follows:

2.05. Additional Rent.

(1) January 1, 2003 – December 31, 2004. Starting on January 1, 2003, and continuing through December 31, 2004, as additional rent, Lessee shall pay Lessor 5% of monthly gross revenues according to the formula below, which additional rent shall be paid monthly within 45 calendar days after the end of the month. Such additional rent shall be calculated as follows:

Additional Rent = 5% x (Monthly Gross Revenues - (Base Rent/.05))

First Amendment, Page 3 By way of example:

 If monthly gross revenues in July of 2003 are $40,000 then additional rent would be $0.00.

.05 x (40,000-(3,000/.05)) = .05 x (40,000-60,000) = .05 x -20,000 = -1000 therefore no additional rent due.

 If monthly gross revenues in July of 2003 are $75,000 then additional rent would be $500.00.

.05 x (75,000-(3,000/.05)) = .05 x (75,000-60,000) = .05 x 10,000 = 500 therefore $500.00 in additional rent would be due.

If the above-referenced formula yields a negative product no additional rent shall be due. Total monthly rent shall not exceed $5,000.00 per month.

(2) January 1, 2005 – August 30, 2008. Starting on January 1, 2005, and continuing through August 30, 2008, as additional rent, Lessee shall pay Lessor 5% of monthly gross revenues according to the formula below which additional rent shall be paid monthly within 45 calendar days after the end of the month. Such additional rent shall be calculated as follows:

Additional Rent = 5% x (Monthly Gross Revenues - (Base Rent/.05))

If the above-referenced formula yields a negative product, no additional rent shall be due.

(3) September 1, 2008 - March 31, 2012. Starting September 1, 2008, to March 31, 2012, there shall be no additional rent due under this section.

(4) Starting on April 1, 2012, and continuing throughout any option terms, as additional rent, Lessee shall pay Lessor 5% of monthly gross revenues according to the formula below which additional rent shall be paid monthly within 45 calendar days after the end of the month. Such additional rent shall be calculated as follows:

Additional Rent = 5% x (Monthly Gross Revenues - (Base Rent/.05))

If the above-referenced formula yields a negative product no additional rent shall be due.

"Gross Revenues" as used in this section shall mean all amounts received from whatever sources which are received in connection with the operation of the Premises Improvements subject to offsets only for refunds, credit card company fee charges, employee discounts and sales tax. Lessee shall deliver to Lessor by

First Amendment, Page 4 the 15th of each month, a report in a format approved by the City Manager the gross revenues of the previous month. Said report shall contain the basis for the payment and an affidavit from an officer of the Lessee verifying that all of the information on the submitted report is true and correct. Lessee must keep such reports and the supporting documentation therefore for at least 4 years.

Lessor shall have the right at any time to audit any and all of the books and records which in any way relate to gross revenues or the calculation of additional rent to be paid to Lessor. Lessee shall make all of these records readily available for the examination within ten days of a request therefore. If any audit by Lessor shows a deficiency in the amount of additional rent paid to Lessor by more than five percent (5%), then the cost of the audit shall be paid by Lessee. The additional rent due and the cost of the audit shall be paid within 10 days' written notice of such deficiency and the cost of the audit.

c. Article 3 “Use and Occupancy,” Section 3.03 “Maintenance and Utility Responsibilities” is hereby amended to read as follows:

3.03 Maintenance and Utility Responsibilities. The Lessee will perform all janitorial and light maintenance functions at the Harbor Master Facility, which shall include, but not be limited to, routine maintenance of docks, fueling station and ships store, and all maintenance pertaining to utility and cable connections at each boat slip. The Lessee agrees that it will not perform any maintenance activities on the concrete Unifloat® modules that conflict with or would otherwise invalidate the warranty thereon, including the certificate of completion and maintenance guidelines provided by Bellingham Marine, which warranty and guidelines are attached hereto as Exhibit “C” and incorporated herein for all intents and purposes. The Lessee shall be responsible for all utility costs associated with the Harbor Master Facility.

d. Article 6 “Insurance, Damage, and Condemnation,” Section 6.03 “Damage or Destruction by Casualty” is hereby amended to read as follows:

6.03 Damage or Destruction by Casualty. If the Leased Premises shall be damaged by fire, an unavoidable accident or other casualty, the Lessor may cause the damage to be repaired or may terminate this Lease if the Leased Premises is more than 50% damaged as determined in the sole discretion of the City. The Lessor shall not be liable for any damage or destruction to the property on the Premises owned by the Lessee under the terms hereof or belonging to third parties, or for the loss of any such property from the Premises by theft or otherwise.

5. Non-Waiver; Release. By this Amendment, the City does not consent to litigation or suit, and the City hereby expressly revokes any consent to litigation that it may have granted by the terms of this Agreement or any other contract or agreement, any charter, or applicable state law. Lessee hereby releases, relinquishes and discharges the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether they be either of the parties hereto, their employees, or other third parties) and any loss of or damage to property (whether the property be that of either of the parties hereto, their employees, or other third parties) that is caused by or alleged to be caused by, arising out of, or in connection with this Amendment regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance.

First Amendment, Page 5

6. Authority. The officers executing this Agreement on behalf of the parties hereby confirm that such officers have full authority to execute this Agreement and to bind the party he/she represents.

7. Effective Date. The effective date of this Amendment shall be April 1, 2012.

IN WITNESS HEREOF, the parties have executed this agreement in duplicate originals at Baytown, Harris County, Texas.

CITY OF BAYTOWN

______ROBERT D. LEIPER, City Manager

ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

SOLID WASTE, LTD. INC.

______Signature

______Printed Name

______Title

First Amendment, Page 6

STATE OF TEXAS § § COUNTY OF HARRIS §

Before me, ______, the undersigned notary public, on this day personally appeared ______, the ______of SOLID WASTE, LTD. INC., on behalf of such limited partnership

_____ known to me; _____ proved to me on the oath of ______; or _____ proved to me through his/her current ______{description of identification card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person} (check one) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed that instrument for the purposes and consideration therein expressed.

Given under my hand and seal of office this ______day of ______, 2012.

______Notary Public in and for the State of Texas My commission expires: ______

\\Cobfs01\legal\Karen\Files\Contracts\Bayland Island\FirstAmendment2AgreementwithSolidWasteLTD.doc

First Amendment, Page 7 Exhibit "C"

AIR-5982 4. a. BAYTOWN CITY COUNCIL MEETING Meeting Date: 03/19/2012 Amending Baytown Downtown Façade Improvement Program Guidelines - Planning and Development Services. Prepared for: Planning and Development Prepared by: Karen Horner, Legal Services Department: Legal

Information ITEM Consider a resolution amending Baytown Downtown Façade Improvement Program Guidelines.

PREFACE This proposed resolution amends the Downtown Façade Improvement Program (BDFIP) guidelines to increase the amount of the foregivable loan for side facades to up to 50% of the cost of construction or $20,000, whichever is less; provided the following conditions are met: 1. the Side Façade improvements are made in conjunction with a Front Façade project approved by the Task Force, 2. the Front Façade is located in the first five blocks of West Texas Avenue between Main and Pruett Street, and 3. the Side Façade is located adjacent to Main Street, Commerce Street, Ashbel Street, Gaillard Street, Jones Street, or Pruett Street. If such conditions are not satisfied for a side facade improvement, the amount of the foregivable loan shall remain at 50% of the Cost of Construction or $10,000, whichever is less.

This item supports the City's vision for a community of whch we can be proud and the development and redevelopment of businesses and communities.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact (Additional Information): There is no known fiscal impact associated with this item at this time. The current balance of budgeted funds for this program is $84,150.00.

Attachments Resolution - Amend Facade Guidelines Exhibit A - Facade Guidelines A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING AMENDED CITY OF BAYTOWN DOWNTOWN FAÇADE IMPROVEMENT PROGRAM GUIDELINES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

******************************************************************************

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:

Section 1: That the City Council of the City of Baytown, Texas, hereby adopts the amended City of Baytown Downtown Facade Improvement Program Guidelines, which are attached hereto as Exhibit “A” and incorporated herein for all intents and purposes.

Section 2: This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown.

INTRODUCED, READ and PASSED, by the affirmative vote of the City Council of the City of Baytown this the 19th day of March, 2012.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

\\Cobfs01\legal\Karen\Files\City Council\Resolutions\2012\March 19\FacadeProgramGuidelines.doc Exhibit "A"

CITY OF BAYTOWN DOWNTOWN FACADE IMPROVEMENT PROGRAM GUIDELINES

1. GOALS AND STATEMENT OF PURPOSE:

The Baytown Downtown Facade Improvement Program (BDFIP) promotes economic development and stimulates business in the City through public-private partnerships by offering economic incentives for renovation, restoration and preservation of privately-owned building exteriors within the Baytown Downtown Business District. Through façade improvements implementing the Design Guidelines, the goals of the BDFIP are:

 to increase the economic vitality of the Downtown Business District and enhance the properties located within the Downtown Business District; and  to restore and preserve the character of the Baytown Downtown Business District.

2. DEFINITIONS.

Applicant shall mean all property owners of an Eligible Property or a lessee of an Eligible Property who provides proof of such status along with proof that all owners of the Eligible Property have approved the facade plans and the lessee’s application for participation in the BDFIP.

BDFIP shall mean the Baytown Downtown Facade Improvement Program

City shall mean the City of Baytown.

Coordinator shall mean the Director of Planning and Development Services or his/her designee.

Cost of Construction shall mean the cost associated with the actual construction of the Facade Improvements approved by the Task Force along with an amount not to exceed ten percent (10%) of such costs for corresponding professional engineers and registered architects fees.

Design Guidelines shall mean the Baytown Downtown Area One Design Guidelines, approved by the City Council of the City of Baytown via Resolution No. 1740 on September 9, 2005, which are incorporated herein by this reference for all intents and purposes.

Downtown Business District shall mean Baytown Downtown Area One, which area as more particularly described on the attached map.

Downtown Master Plan shall mean that plan adopted by the City Council via Ordinance No. 9871 on September 9, 2004, which is incorporated herein by this reference for all intents and purposes.

Eligible Buildings/Property shall mean those buildings which are within the Downtown Business District and have frontage on West Texas Avenue.

Facade shall mean the front or side of an Eligible Building facing a public street, excluding alleys.

Facade Improvements shall include, but not be limited, to the following as the same relates to a Front Facade or Side Facade:

a. exterior Facade treatment (i.e., cleaning, painting, installation of siding, brick, stucco, EFIS, etc.) for the building;

b. repair, replacement or installation of exterior doors and door hardware, windows and trim work located on the exterior;

c. repair, replacement or installation of awnings on the structure. Any awning containing any temporary or permanent lettering or logo will be considered a “sign” and will not be eligible for funding. Permanently installed awnings that merely provide brackets or support for signs are eligible;

d. exterior brick or tile repair or replacement;

e. exterior brick paving sidewalks or other walkway treatments adjacent to the building not located within the City right-of-way;

f. structural improvements to Facades; and

g. electrical or lighting improvements made to Facades.

Front Facade shall mean a Facade facing Texas Avenue.

Side Facade shall mean a Facade facing a public street which intersects Texas Avenue.

Task Force shall mean representatives of the Planning and Development Services Department and the Engineering Department designated by the City Manager, and a local registered Architect appointed by the City Manager.

2 3. PROGRAM ADMINISTRATION:

a. In General. The City shall administer the BDFIP and will execute documents necessary for project initiation and completion consistent with Chapter 380 of the Texas Local Government Code.

b. Coordinator. The Coordinator will serve as the contact person for administrative procedures and processes and program eligibility. The Coordinator will have direct responsibility for the daily administration of the BDFIP.

c. Task Force. The Task Force shall:

1. review and recommend revisions to these BDFIP Guidelines;

2. review applications, recommend for approval/disapproval, and prioritize the proposed projects based upon the following:

a) Significance of the project and relative contribution to the revitalization of the Downtown Development District;

b) Job creation and the magnitude of the Applicant’s matching contributions;

c) Readiness to proceed;

d) Conformity with the City’s codes and ordinances as well as the Downtown Master Plan and Design Guidelines; and

e) Other factors which the Task Force considers relevant;

3. approve plans and specifications of the projects subject to these guidelines; and

4. accept/reject projects based upon their conformity with the approved plans and specifications.

d. City Council. The City Council shall hear and decide appeals from decisions of the Task Force; provided such appeal is made in writing within ten (10) days of the decision being appealed and is submitted to the City Clerk.

4. PROGRAM DESCRIPTION:

The City, through BDFIP funding, will provide façade improvement assistance to Applicants for improvements to Facades of Eligible Buildings as approved by the Task Force. Such Facade Improvement assistance will be in the form of a five-year forgivable loan, which shall be paid on a reimbursement basis after completion of the project and acceptance of the same as being in

3 conformity with the plans and specifications approved by the Task Force. The amount of the forgivable loan shall not exceed the following:

1. 50% of the Cost of Construction up to a maximum loan amount of $20,000 per Front Facade;

2. 50% of the Cost of Construction up to a maximum loan amount of $10,000 per Side Facade; provided the Side Facade improvements are made in conjunction with a Front Facade project approved by the Task Force;

3. 50% of the Cost of Construction up to a maximum loan amount of $20,000 per Side Façade, provided that (i) the Side Façade improvements are made in conjunction with a Front Façade project approved by the Task Force, (ii) the Front Façade is located in the first five blocks of West Texas Avenue between Main and Pruett Street, and (iii) the Side Façade is located adjacent to Main Street, Commerce Street, Ashbel Street, Gaillard Street or Jones Street; and

4. Up to a maximum of $1,200.00 for the asbestos survey required herein.

5. PROGRAM ELIGIBILITY REQUIREMENTS:

a. The Eligible Property must be occupied or available for sale or lease.

b. Applicant must be able to start Facade Improvements within thirty (30) days of entering into an agreement with the City and complete the same within the time period specified in the agreement which time period shall not exceed one year.

c. Facade improvements along with their plans and specifications must be reviewed and approved in writing by the Task Force. After the Facade Improvements together with the plans and specifications have been approved in writing by the Task Force, no change may be made thereto unless Applicant obtains the Task Force’s prior written approval thereof.

d. All required BDFIP documents must be executed before any renovation work to be paid for under the BDFIP may begin.

e. Total Cost of Construction must exceed $3,000 to qualify under the BDFIP. Applicant must demonstrate to the Task Force that the Cost of Construction for which they have applied will in fact improve the appearance of the Facade in accordance with the goals and purpose of BDFIP. Grants will not be made to applications where the proposal does not improve the appearance of the facade as measured against the goals of the program.

f. The City shall at no time be responsible to reimburse the Applicant for any amount which exceeds the BDFIP limits specified in Section 4 hereinabove or

4 which exceeds the amount to which the Applicant and the City have agreed in writing prior to the performance of the renovation work. The Applicant shall be responsible for the Cost of Construction. Any expenditure that exceeds the approved forgivable loan amount will not be subject to reimbursement.

g. Applicant shall submit with his application a sealed statement by a structural engineer that the proposed façade improvements can be supported by the structure upon which they are proposed. Engineering calculations shall be submitted, if requested by the city, to support the statements of the structural engineer.

h. All Facade Improvements must be in compliance with all applicable City codes, the Downtown Master Plan and the Design Guidelines.

i. The BDFIP is administered on a reimbursement basis. Following submission of a reimbursement request, the City’s Chief Building Official will inspect the work. No funds shall be reimbursed to the Applicant until (i) the City receives a certificate from the Applicant’s architect and/or engineer stating that the work is completed and conforms to the plans and specifications approved by the Task Force and (ii) the Chief Building Official inspects the Facade Improvements and certifies that such are complete and are in compliance with the City’s codes, Design Guidelines and Downtown Master Plan.

6. APPLICATION PROCESS:

a. Applicants may obtain an application and the guidelines from the Coordinator. The Coordinator will explain the BDFIP and answer any questions regarding the BDFIP.

b. In the BDFIP application, Applicants must:

1. designate one person who will be the Applicant’s contact person for all purposes regarding the application;

2. certify that there are no code enforcement actions, tax liens, or judgment liens against the property;

3. provide tax certificates indicating all ad valorem taxes are current;

4. certify that the Applicant is not indebted in any way to the City;

5. provide proof of owners’ ownership of the Eligible Property, proof of insurance, and a signed statement from each lienholder of the Eligible Property verifying that the Applicant is current on all indebtedness that does or could affect the value or ownership of the Eligible Property;

5 6. provide a copy of a termite inspection report, which inspection was performed within six months of Applicant’s submission of the application.

7. provide a copy of an asbestos survey, which was performed within six (6) months of Applicant’s submission of the application;

8. provide proof that all conditions identified in the required asbestos survey will be appropriately remediated during the construction;

9. provide an inspection report from the City’s Building Services Division indicating that the building is eligible;

10. describe the proposed Facade Improvements and provide plans and specifications for the same;

11. indicate the proposed commencement date and completion date of the project;

12. state how the proposed Facade Improvements are consistent with and furthers the purposes of the City codes, the Design Guidelines, and the Downtown Master Plan;

13. describe the significance of the project and relative contribution to the revitalization of the Downtown Development District;

14. list the number of jobs and estimated salaries to be created/retained by the renovation of the Eligible Property; and

15. provide a cost estimate for the proposed Facade Improvements sealed by a professional engineer or a registered architect, who is licensed to practice in Texas. c. Applications will initially be reviewed for program eligibility and funding by the Coordinator. d. The Coordinator shall forward eligible applications together with accompanying recommendations regarding funding and program priorities to the Task Force. e. The Task Force will select the Project Improvements to receive reimbursement under the BDFIP. f. The Applicant, the owners of the Eligible Property, if different from the Applicant, and the City shall execute the program agreements.

6 7. APPLICANT’S RESPONSIBILITIES:

The responsibilities of Applicant listed in this section apply to both the Applicant and the owners of the Eligible Property if the Applicant is a lessee.

a. The Façcde must be repaired, restored, renovated and/or improved in accordance with the plans and specifications approved by the Task Force. Work for projects under the BDFIP must begin and be completed within the time frame agreed upon in the contract between Applicant and the City.

b. Applicant agrees to maintain the Facade Improvements at a similar or higher level/quality for a minimum of five (5) years after the completion and acceptance by the City of the same.

c. Building exteriors, including the Facade Improvements, must be maintained in accordance with City building codes.

d. Any sales or leases of the Eligible Property within five (5) years after completion and acceptance by the City of the Project Improvements will include language requiring prior approval by the BDFIP of any subsequent alteration to Facades and be in accordance with the design and review standards of the BDFIP.

e. Buildings renovated under this program must be occupied by or made available for sale or occupancy at all times during the five-year period after completion and acceptance of the Project Improvements.

f. All representations which Applicant made in its application shall be pursued and obtained within the time period indicated in the application and approved by the Task Force.

g. If, for any reason, the Facade shall be damaged or destroyed, either in whole or in part, the Applicant will, without cost to the City, promptly repair or rebuild the façade in accordance with the approved architectural façade design, or such other Task Force approved plan consistent with the City’s codes, Design Guidelines and Downtown Master Plan. Repair or reconstruction must be commenced within three (3) months of the date of the damage and completed within the time period established by the Task Force.

h. Applicant agrees to maintain sufficient insurance coverage for the building on the Eligible Property throughout the five (5) year period after completion and acceptance by the City of the Project Improvements and provide updated copies of certificates evidencing such coverage throughout such period.

7 8. FAÇADE IMPROVEMENT LOAN

a. The Facade Improvement Loan will be secured by a five-year lien on the Eligible Property subordinate to the mortgage lien.

b. Forgiveness of the Facade Improvement Loan will be pro-rated for five years. Twenty percent (20%) of the total loan amount will be forgiven at the end of each year commencing the first year after loan funds are distributed.

c. During the five (5) year loan period, the unforgiven balance of the Facade Improvement Loan shall become immediately due and payable should the Applicant, the owners of the Eligible Property, if different from the Applicant, or subsequent owner or lessee fail to comply with the Applicant’s requirements specified in section 7 hereinabove.

\\Cobfs01\legal\Karen\Files\Community Development\Facade Program\DowntownFacadeProgram03142012.doc

AIR-5879 5. a. BAYTOWN CITY COUNCIL MEETING Meeting Date: 03/19/2012 Ordinance: Consider a Change in the CDBG PY 2008 Action Plan and CDBG FY 2011 Budget - Planning and Development Services. Prepared for: Kelly Carpenter Prepared by: June Tyler, Planning and Development Services Department: Planning and Development Services

Information ITEM Consider an ordinance changing the PY2008 Community Development Block Grant Action Plan to remove the Housing Market Study and making a change to the 2011-12 Community Development Block Grant Budget to reprogram funds from the Housing Market Analysis to the Sidewalk and Alleyway Program.

PREFACE This proposed ordinance changes the PY2008 Community Development Block Grant (CDBG) Action Plan to remove the Housing Market Analysis and makes a change to the 2011-12 Community Development Block Grant Budget to reprogram funds from the Housing Market Analysis to the Sidewalk and Alleyway Program.

In February, 2009, the American Recovery and Reinvestment Act made available $222,532 in CDBG-R funds to the City. On August 14, 2009, HUD approved an amendment to the PY2008 Action Plan, which allocated $200,500 for the Sidewalk and Alleyway Program and $22,032 for a Housing Market Analysis.

Since 2009, several detailed housing studies have been completed in Baytown. They are the 2010-14 Consolidated Plan, a two-phased Housing Market Research Study through the Baytown West Chambers County Economic Development Foundation, and the draft Analysis of Impediments to Fair Housing.

The City is proposing not to conduct another housing study and remove the funding for the Housing Market Analysis from the PY2008 Action Plan. This requires the City to complete a substantial amendment because a previously approved activity will not be undertaken. As such, the required public comment period began on February 9 with a publication in the Baytown Sun and on the City's website. On February 28th, the Community Development Baytown Sun and on the City's website. On February 28th, the Community Development Advisory Committee held a public hearing, reviewed this amendment, and unanimously voted to recommend the amendment. The public comment period expired on March 12 and no written comments have been received.

Also on February 28th, the CDAC approved an associated amendment to add the $22,032 to the Sidewalk and Alleyway Program if the Housing Market Study is removed from the Action Plan. This proposed ordinance amends both the action plan and the CDBG budget.

CDBG promotes the City's visioning statement by funding programs that provide services to redevelop low-income areas, including streets and sidewalk improvements.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: 2009 Acct Code: 270 Source of Funds (Operating/Capital/Bonds): CDBG Funds Budgeted Y/N: Y Amount Needed: N/A Fiscal Impact (Additional Information):

Attachments Ordinance - Housing Market Analysis Change Exhibit A - Housing Market Analysis Change AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE PY 2008 COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN AND MAKING A CHANGE IN THE CITY OF BAYTOWN’S FISCAL YEAR 2011-2012 BUDGET FOR MUNICIPAL PURPOSES IN ORDER TO REPROGRAM FUNDS IN THE OUTSIDE CONTRACT FOR HOUSING MARKET ANALYSIS OF THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND 270 TO THE STREETS, SIDEWALKS AND CURB PROGRAM WITHIN SUCH FUND; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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WHEREAS, the Community Development Block Grant Funds are sources of federal revenue that are made available to local community development programs; and

WHEREAS, the American Recovery and Reinvestment Act of 2009 (“Recovery Act”) has made available an additional $1 billion in Community Development Block Grant (CDBG-R) funds for existing entitlement communities; and

WHEREAS, the CDBG-R allocation to each grantee is approximately 27% of the PY 2008 CDBG allocation, which equates to TWO HUNDRED TWENTY-TWO THOUSAND FIVE HUNDRED THIRTY-TWO AND NO/100 DOLLARS ($222,532.00) for the City of Baytown; and

WHEREAS, such funds were allocated as follows: Sidewalk and Alleyway Program ...... $200,500 Housing Market Analysis ...... $22,032; and

WHEREAS, since 2009, several detailed housing studies have been completed in Baytown, including the 2010-14 Consolidated Plan, a two-phased Housing Market Research Study through the Baytown West Chambers County Economic Development Foundation, and the draft Analysis of Impediments to Fair Housing; and

WHEREAS, the City is proposing not to conduct another housing study and to remove such study from the Community Development Block Grant PY 2008 Action Plan; and

WHEREAS, the removal of the Housing Market Analysis from such plan is a substantial amendment; and

WHEREAS, the Community Development Advisory Committee (“CDAC”) reviewed the request at its public meeting on February 28, 2012, and recommends a substantial amendment be made to the Action Plan to remove the Housing Market Analysis from such plan; and

WHEREAS, the CDAC recommendation was published on the City’s website and in The Baytown Sun seeking public comment; and

WHEREAS, the public comment period expired on March 12, 2012, and no written comments were received; and

WHEREAS, the City Council has reviewed the CDAC recommendation; NOW THEREFORE

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

Section 1: The City Council hereby amends the PY 2008 Community Development Block Grant Annual Action Plan to remove funding for Housing Market Analysis.

Section 2: That the City Council of the City of Baytown hereby changes the City of Baytown’s Fiscal Year 2011-12 budget for municipal purposes to reprogram TWENTY-TWO THOUSAND THIRTY-TWO AND NO/100 DOLLARS ($22,032.00) in Outside Contracts for Housing Market Analysis of the Community Development Block Grant Fund 270 for the Streets, Sidewalks and Curb Program, as more particularly described in Exhibit “A,” which is attached hereto and incorporated herein for all intents and purposes.

Section 3: This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown, Texas.

INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown, the 19th day of March, 2012.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

\\Cobfs01\legal\Karen\Files\City Council\Ordinances\2012\March 19\CDBGActionPlanAmendment&BudgetChange4HousingMarketAnalysis.doc

Exhibit "A"

CDBG-R FUND 270 SUMMARY OF BUDGET ADJUSTMENTS

2011-12 Outside Contracts for Housing Market Analysis $ 22,032 2011-12 Budget Adjustment - Outside Contracts for Housing Market Analysis (22,032) Total 0

2011-12 Sidewalk Repair and Replacement$ 200,500 2011-12 Budget Adjustment - Sidewalk Repair and Replacement 22,032 Total $ 222,532

AIR-5896 5. b. BAYTOWN CITY COUNCIL MEETING Meeting Date: 03/19/2012 Ordinance: Consider a Change in the CDBG PY2011 Action Plan and CDBG FY 2011 Budget - Planning and Development Services. Prepared for: Kelly Carpenter Prepared by: June Tyler, Planning and Development Services Department: Planning and Development Services

Information ITEM Consider an ordinance changing the PY2011 Community Development Block Grant Action Plan to remove the Christian Women's Job Corps Education Expansion Program and making a change in the 2011 FY CDBG Budget to reprogram funds from the Christian Women's Job Corps Education Expansion Program to the Sewer Line Repair and Replacement Program.

PREFACE This proposed ordinance changes the PY2011 Community Development Block Grant (CDBG) Action Plan to remove the Christian Women's Job Corp (CWJC) Education Expansion Program and makes a change to the 2011-12 Community Development Block Grant Budget to reprogram funds from Christian Women's Job Corp Education Expansion Program to the Sewer Line Repair and Replacement Program.

In July, 2011, City Council approved the PY2011 CDBG Action Plan which included $5,000 for the Christian Women's Job Corp Education Expansion Program. Once it was approved by HUD, Staff held a sub-recipient training to assist agencies with proper federal grant management. Following the training, the CWJC's Executive Director stated the agency would like to return the grant funds. She stated religious counseling is core to their mission and does not want to separate counseling from any part of their program. Such religious counseling is prohibited by CDBG. The $5,000 will be reprogrammed to the Sewer Line Repair and Replacement Program in the current CDBG budget.

The City is required to complete a substantial amendment if an activity that was approved by HUD will not be carried out. As such, the required public comment period for this substantial amendment began on February 9th with a publication in The Baytown Sun and on the City's website. On February 28th, the Community Development Advisory Committee held a public hearing, reviewed this amendment, and unanimously voted to recommend the amendment. The public comment period expired on March 12 and no written comments have been received. received.

CDBG promotes the City's vision by creating a "Sense of Place" for low-moderate income residents.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: 2012 Acct Code: 270 Source of Funds (Operating/Capital/Bonds): CDBG Funds Budgeted Y/N: Y Amount Needed: N/A Fiscal Impact (Additional Information):

Attachments Ordinance - CWJC Change Exhibit A - CWJC Change AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE PY 2011 COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN AND MAKING A CHANGE IN THE CITY OF BAYTOWN’S FISCAL YEAR 2011-2012 BUDGET FOR MUNICIPAL PURPOSES IN ORDER TO REPROGRAM FUNDS IN THE CHRISTIAN WOMEN’S JOB CORP EDUCATION EXPANSION PROGRAM OF THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND 270 TO THE SEWER LINE REPAIR AND REPLACEMENT PROGRAM WITHIN SUCH FUND; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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WHEREAS, the Community Development Block Grant Funds are sources of federal revenue that are made available to local community development programs; and

WHEREAS, the PY 2011 Community Development Block Grant Action Plan included FIVE THOUSAND AND NO/100 DOLLARS ($5,000.00) for the Christian Women's Job Corp Education Expansion Program; and

WHEREAS, once such plan was approved by the United States Department of Housing and Urban Development, the City held a sub-recipient training to assist agencies with proper federal grant management; and

WHEREAS, following the training, the Executive Director of the Christian Women’s Job Corp (“CWJC”) stated that the CWJC would like to return the grant funds since the funds could not be used for religious counseling, which is core to CWJC’s mission; and

WHEREAS, based upon such representations, the City is proposing to remove CWJC’s Education Expansion Program from the Community Development Block Grant PY 2011 Action Plan; and

WHEREAS, the removal of such program from the plan is a substantial amendment; and

WHEREAS, the CDAC recommendation was published on the City’s website and in The Baytown Sun seeking public comment; and

WHEREAS, the public comment period expired on March 12, 2012, and no written comments were received; and

WHEREAS, the City Council has reviewed the CDAC recommendation; NOW THEREFORE

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

Section 1: The City Council hereby amends the PY 2011 Community Development Block Grant Annual Action Plan to remove funding for the Christian Women’s Job Corp Education Expansion Program.

Section 2: That the City Council of the City of Baytown hereby changes the City of Baytown’s Fiscal Year 2011-12 budget for municipal purposes to reprogram FIVE THOUSAND AND NO/100 DOLLARS ($5,000.00) in Christian Women’s Job Corp Education Expansion Program of the Community Development Block Grant Fund 270 to the Sewer Line Repair and Replacement Program, as more particularly described in Exhibit “A,” which is attached hereto and incorporated herein for all intents and purposes.

Section 3: This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown, Texas.

INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown, the 19th day of March, 2012.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

\\Cobfs01\legal\Karen\Files\City Council\Ordinances\2012\March 19\CDBGActionPlanAmendment&BudgetChange4ChristianWomen'sJobCorp.doc

Exhibit "A"

CDBG-R FUND 270 SUMMARY OF BUDGET ADJUSTMENTS

2011-12 Christian Women's Job Corp Education Expansion$ 5,000 2011-12 Budget Adjustment - Christian Women's Job Corp Education Expansion (5,000) Total 0

2011-12 Residential Sewer Line Repair and Replacement$ 15,600 2011-12 Budget Adjustment - Residential Sewer Line Repair and Replacement 5,000 Total $ 20,600

AIR-5925 5. c. BAYTOWN CITY COUNCIL MEETING Meeting Date: 03/19/2012 Ordinance: Variance Request for a Baytown Calvary Church Event at Bicentenniel Park - Health and EMS. Prepared for: Mike Lester Prepared by: Leticia Brysch, City Clerk's Office Department: Health and EMS

Information ITEM Consider an ordinance granting a variance to the distance requirements contained in the Live Outdoor Exhibition Ordinance for a Baytown Calvary Church Event, which is proposed to be held on April 6, 2012, from 7:00 p.m. to 11:00 p.m. at Bicentennial Park.

PREFACE This proposed ordinance grants a variance to the distance requirements contained in the Live Outdoor Exhibition Ordinance for the Baytown Calvary Church Event, which is to be held on April 6, 2012, from 7:00 p.m. to 11:00 p.m. at Bicentennial Park.

The City of Baytown received a request for the above-referenced variance from Calvary Baytown Church on February 28, 2012, and is attached for your review. City Council granted a variance for the same event in 2011.

This item supports the City's vision of creating a community of which we can be proud.

RECOMMENDATION

Attachments

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A VARIANCE TO CHAPTER 42 “HEALTH AND SANITATION,” ARTICLE V “LIVE OUTDOOR EXHIBITIONS,” SECTION 42-286 “PERMIT REQUIRED” OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO WAIVE THE DISTANCE REQUIREMENT FOR CALVARY BAYTOWN CHURCH’S MOVIE EVENT AT BICENTENNIAL PARK TO BE HELD ON APRIL 6, 2012; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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

Section 1: That the City Council of the City of Baytown hereby grants a variance to Chapter 42 “Health and Sanitation,” Article V “Live Outdoor Exhibitions,” Section 42-286 “Permit required” of the Code of Ordinances, Baytown, Texas, to waive the distance requirement for Calvary Baytown Church’s movie event to be held April 6, 2012, at Bicentennial Park, from 7:00 p.m. to 11:00 p.m.

Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown.

INTRODUCED, READ and PASSED, by the affirmative vote of the City Council of the City of Baytown this the 19th day of March, 2012.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

\\Cobfs01\legal\Karen\Files\City Council\Ordinances\2012\March 19\BaytownCalvaryChurchVariance&Exemption4OpenAirVendors.doc

AIR-5971 5. d. BAYTOWN CITY COUNCIL MEETING Meeting Date: 03/19/2012 Ordinance: Consider Authorizing an Industrial District Agreement with Advanced Aromatics LLC - Administration Prepared for: Robert D. Leiper Prepared by: Karen Horner, Legal Department: Administration

Information ITEM Consider an ordinance authorizing an Industrial District Agreement with Advanced Aromatics LLC.

PREFACE This proposed ordinance authorizes an industrial district agreement with Advanced Aromatics LLC, for tax years 2012 through 2018 at a base value of $10,339,496.00. The first payment pursuant to this agreement will be for the tax year 2012. This proposed agreement is in conformity with the Industrial District Policy for existing companies adopted on November 12, 2009.

This item supports the City's vision for financial health and long-term employment opportunities.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: FY 2012-13 Acct Code: IDA Revenue Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: N/A Fiscal Impact (Additional Information): Annual Revenue equals $52,696.13.

Attachments Ordinance - Advanced Aromatics IDA AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH ADVANCED AROMATICS LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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

Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the Mayor and City Clerk of the City of Baytown to execute and attest to an Industrial District Agreement with Advanced Aromatics LLC. A copy of said Industrial District Agreement is attached hereto, marked Exhibit “A” and incorporated herein for all intents and purposes.

Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown.

INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 19th day of March, 2012.

______STEPHEN H. DONCARLOS, Mayor

ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

\\Cobfs01\legal\Karen\Files\City Council\Ordinances\2012\March 19\AdvancedAromaticsLLCIDAOrdinance.doc Exhibit "A"

AIR-5967 5. e. BAYTOWN CITY COUNCIL MEETING Meeting Date: 03/19/2012 Ordinance: Consider Authorizing an Industrial District Agreement with Texas Brine Company Baytown, LLC - Administration Prepared for: Robert D. Leiper Prepared by: Karen Horner, Legal Department: Administration

Information ITEM Consider an ordinance authorizing an Industrial District Agreement with Texas Brine Company Baytown, LLC.

PREFACE This proposed ordinance authorizes an Industrial District Agreement with Texas Brine Company Baytown, LLC, for tax years 2012 through 2018 at a base value of $37,322,728.00. The first payment pursuant to this agreement will be for the tax year 2012. This proposed agreement is in conformity with the Industrial District Policy for existing companies adopted on November 12, 2009.

This item supports the City's vision for financial health and long-term employment opportunities.

RECOMMENDATION Staff recommends approval.

Attachments Ordinance - Texas Brine IDA AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH TEXAS BRINE COMPANY BAYTOWN, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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

Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the Mayor and City Clerk of the City of Baytown to execute and attest to an Industrial District Agreement with Texas Brine Company Baytown, LLC. A copy of said Industrial District Agreement is attached hereto, marked Exhibit “A” and incorporated herein for all intents and purposes.

Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown.

INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 19th day of March, 2012.

______STEPHEN H. DONCARLOS, Mayor

ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

\\Cobfs01\legal\Karen\Files\City Council\Ordinances\2012\March 19\TexasBrineLLCIDAOrdinance.doc Exhibit "A"

AIR-5951 5. f. BAYTOWN CITY COUNCIL MEETING Meeting Date: 03/19/2012 Ordinance: Consider Community Garden License Agreement with Friends of the Baytown Nature Center - Administration. Prepared for: Robert D. Leiper Prepared by: Karen Horner, Legal Department: Administration

Information ITEM Consider an ordinance authorizing a License Agreement with the Friends of the Baytown Nature Center for a community garden at the RTC park property on W. Texas Avenue.

PREFACE This proposed ordinance authorizing a license agreement with the Friends of the Baytown Nature Center ("Friends") for the second year of a community garden at the RTC park property on W. Texas Avenue.

The license is for a period of one year and requires the Friends to establish and operate a community garden program designed to improve the quality of life for the citizens of Baytown and to help educate adults and children about good nutrition, ecology and to provide organic food. During the term of the license, the Friends will be responsible for maintenance and other expenses associated with the program, except for water service. The City will provide certain water services, including up to 6,000 gallons per month of metered irrigation service. This proposed agreement is the same as the City Council approved in 2011.

This item supports the City's vision of creating a community of which we can be proud.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: Acct Code: 50210 - 73011 Source of Funds (Operating/Capital/Bonds): Operating Funds Budgeted Y/N: Y Amount Needed: $1,000. Fiscal Impact (Additional Information):

Attachments Ordinance - Community Garden Exhibit A - Community Garden

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A LICENSE AGREEMENT WITH THE FRIENDS OF THE BAYTOWN NATURE CENTER FOR A COMMUNITY GARDEN AT THE RTC PARK PROPERTY ON TEXAS AVENUE; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE THOUSAND AND NO/100 DOLLARS ($1,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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

Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the City Manager to execute and the City Clerk to attest to a license agreement with the Friends of the Baytown Nature Center for a community garden at the RTC park property on Texas Avenue. A copy of the agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes.

Section 2: That the City Council of the City of Baytown authorizes payment in furtherance of the community garden in an amount not to exceed ONE THOUSAND AND NO/100 DOLLARS ($1,000.00) in accordance with the agreement authorized in Section 1 hereinabove.

Section 3: That the City Manager is hereby granted general authority to approve a decrease or an increase in costs by FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) or less, provided that the amount authorized in Section 2 hereof may not be increased by more than twenty-five percent (25%).

Section 4: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown.

INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 19th day of March, 2012.

______STEPHEN H. DONCARLOS, Mayor

ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

\\Cobfs01\legal\Karen\Files\City Council\Ordinances\2012\March 19\CommunityGardenProjectOrdinance.doc

Exhibit "A"

LICENSE AGREEMENT

STATE OF TEXAS § § COUNTY OF HARRIS §

This License Agreement (this “Agreement”) is made and entered into effective the 22nd day of March, 2012, by and between the CITY OF BAYTOWN, a home-rule municipality in Harris and Chambers Counties, Texas, (hereinafter referred to as “City”) and FRIENDS OF THE BAYTOWN NATURE CENTER, INC., a Texas non-profit corporation (hereafter referred to as “FBNC”).

WITNESSETH:

In consideration of the mutual covenants, payments, responsibilities and duties herein contained, the City and FBNC agree as follows:

1. PROPERTY. The City hereby grants to FBNC for FBNC’s nonexclusive use certain portions of the real property known as the RTC Property located adjacent to W. Texas Avenue in Baytown, Harris County, Texas (“Property A”), and the exclusive use of other portions of such property (“Property B”). Property A and Property B are more particularly depicted in Exhibit “A,” which is attached hereto and incorporated herein for all intents and purposes, and are collectively referred to as “Property” in this Agreement.

2. USE. 2.1 FBNC shall use the Property only for a community garden, which shall be available to the citizens of Baytown who desire to participate in the program established by FBNC and approved in writing by the City. The program shall not thereafter be changed unless approved in writing by the City. The program shall be designed to improve the quality of life for the citizens of Baytown and to help educate adults and children about good nutrition and ecology and to provide organic food.

2.2 Any use of the Property not specified herein must be approved in writing by the City Manager prior to such use. Failure to obtain such approval shall constitute an Event of Default.

2.3 Any expansion or modification, other than routine maintenance, of the Property must be approved in advance by the Parks and Recreation Advisory Board and the City Council in writing. Any such expansion or modification shall become the property of the City upon completion of the same and acceptance by the City Manager; however, FBNC shall have the obligation to maintain the same throughout the term of this Agreement.

2.4 The City reserves the right to require FBNC to relocate its facilities for any reason at any time. FBNC shall complete any relocation of its facilities within sixty (60) days after written notice from the City. The relocation shall be at FBNC’s sole cost and expense. At no time shall the City be liable for such costs.

License Agreement, Page 1

2.4.1 Failure to timely relocate the facilities shall constitute an Event of Default.

2.4.2 Additionally, the City shall have the right to remove those facilities not timely removed by FBNC and assess the costs of the same plus an administrative fee of 10% of such cost to FBNC. FBNC shall pay the costs and the fee within sixty (60) days of receiving an invoice therefor. Failure to timely pay the invoiced amount shall constitute an Event of Default.

2.5 All signage on the Property concerning the community garden must be approved in advance in writing by the City Manager. No other signs shall be allowed.

2.6 FBNC shall use a standard form of gardener’s agreement for all those desiring to participate in the community garden program, which agreement must be approved in advance by the City and must contain an indemnity/release of liability adequate to protect the City from FBNC’s community garden program as determined by the City Attorney.

3. TERM. The term of this Agreement will be for one (1) year, and will commence upon the date of full execution of this Agreement by the City Manager (hereafter referred to as “Commencement Date”) and will terminate one year thereafter, unless sooner terminated as provided in this Agreement.

4. CONSIDERATION.

4.1 From and after the Commencement Date, FBNC shall be responsible for year-round maintenance of Property B, including, but not limited to:

4.1.1 watering, mowing and trimming of Property B; and

4.1.2 maintaining all improvements, including lighting and fencing, which shall meet all applicable codes of the City.

4.2 In further consideration for the privilege of use of the Property during the term of this Agreement, FBNC will be solely responsible for the inspection and maintenance of the Property B. FBNC will notify the Director of Parks and Recreation of any existing or developing hazardous or dangerous condition on the Property, and FBNC shall remedy such condition with regard to Property B within forty-eight (48) hours of finding such a condition and shall take all necessary precautions to ensure the public will not be injured thereby.

4.3 The City reserves the right to remove, remedy or otherwise abate any condition on the Property, which the City believes, in the sole discretion of the City Manager, is a safety hazard or a nuisance. Additionally, the City may require FBNC to remove, remedy or otherwise abate any such condition on Property B within forty-eight (48) hours. The removal, remedy and/or abatement concerning Property B shall be at FBNC’s sole cost and expense. At no time shall the City be liable for such costs.

License Agreement, Page 2

4.3.1 Failure of FBNC to remove, remedy or abate the condition identified shall constitute an Event of Default.

4.3.2 Should the City remove, remedy or abate a hazardous or nuisance condition, FBNC shall be responsible for all costs thereof plus an administrative fee of 10% of such cost.

4.3.3 FBNC shall pay the costs and the fee within thirty (30) days of receiving an invoice therefor. Failure to timely pay the invoiced amount shall constitute an Event of Default.

4.4 In consideration for the privilege of use of the Property, FBNC specifically assumes any and all liability that may arise due to any site or property defects or other defects arising out of or relating to the Property. FBNC accepts the Property as is, in the condition in which it is found. The City hereby disclaims, and FBNC hereby accepts the City’s disclaimer, of any warranty, express or implied, of the conditions or fitness for use of any portions of the Property, including, but not limited to, use of the Property for a community garden or for uses incidental thereto.

4.5 The City agrees to pay for a meter and meter box together with the installation of the same at the tap currently located on the Property. Additionally, the City will pay for up to the minimum monthly charge for metered irrigation service pursuant to Section 98-59 of the Code of Ordinances, Baytown, Texas. Water usage in excess of such amount and all other utilities, including their installation, operation and maintenance shall be borne by FBNC.

5. STANDARDS.

5.1 FBNC may only use the Property for the purposes specified in Section 2 hereof.

5.2 FBNC’s use of the Property shall not interfere with other permitted uses of the Property by the City or others at any time during the term of this agreement. However, this section shall have no application to Property B.

5.3 Landscaping on the Property will be provided by FBNC and maintained by FBNC as directed by the City’s Director of Parks and Recreation.

5.4 FBNC shall, at its expense, comply with all present and future federal, state, and local laws, ordinances, rules and regulations, including without limitation, laws and ordinances relating to health, and other radiation and safety requirements in connection with the Property.

5.5 FBNC will maintain Property in a sanitary, safe and clean condition. FBNC also agrees to clean all areas on the Property if and when the use of the Property results in or creates the need for such cleaning. FBNC further agrees and covenants that the Property and any and

License Agreement, Page 3 all improvements or removal of property shall at all times be subject to inspection by the City. However, the City has no duty to inspect the Property.

5.6 FBNC will be solely responsible for and promptly pay all charges for electricity, and telephone service, and any other utility used or consumed by FBNC other than that which is paid by the City as specified in Section 4.5. Should a phone be installed at the Property, FBNC shall provide the phone number to the City Manager.

5.7 Any construction authorized by the Parks and Recreation Advisory Board and the City Council pursuant to this Agreement shall be done according to plans developed by a professional architect or engineer approved by the City if such construction requires a new construction permit to be issued by the City or otherwise falls within the ambit of the practice of architecture or engineering as determined by the City Manager. Any damage done to the Property during installation and/or during operations shall be repaired or replaced within five (5) days at FBNC’s expense and to the City’s sole satisfaction.

5.7.1 Prior to any such construction on the Property, FBNC will provide plans depicting all construction to the City. FBNC shall provide the City with as-built drawings of any improvement made to the Property, showing the actual location of the same.

5.7.2 FBNC may update or replace the improvements on the Property from time to time with the prior written approval of the Director of Parks and Recreation.

5.8 Storage of any equipment or items will be with written approval of the Director of Parks and Recreation. FBNC will be fully responsible for loss or damage.

5.9 All garbage, rubbish and trash shall be hauled away from Property B in compliance with all applicable laws, codes and ordinances.

5.10 At all times during the term hereof, FBNC shall provide a current set of keys for all locks to lights, gates, and storage buildings on the premises, and will provide the Director of the Parks and Recreation Department with any updates thereof.

5.11 All gates, doors and any security devices on that portion of the Property of which FBNC has non-exclusive use shall be left in an open state, unless otherwise directed by the City. All gates, doors and any security devices on that portion of the Property of which FBNC has exclusive use shall not be left in an open, unattended state, unless otherwise directed by the City; provided FBNC has tendered keys to any such gate, door and/or security device.

5.12 FBNC shall be responsible for the safety and protection of all participants of the community garden program as well as others on the Property.

5.13 FBNC will provide the City a contact listing of FBNC’s officers and/or board of director’s to include a contact name, phone number and address prior to any use of the Property.

6. MAINTENANCE & ACCESS.

License Agreement, Page 4

6.1 FBNC shall, at its own expense, maintain all improvements on or attached to the Property in a safe condition, in good repair and in a manner suitable to the City so as not to conflict with other uses of the Property authorized by the City.

6.2 FBNC shall have sole responsibility for the maintenance, repair, and security of the Property, improvements thereon and any equipment authorized to be stored thereon in writing by the Director of Parks and Recreation and shall keep the same in good repair and condition during the term of this Agreement.

6.3 FBNC shall keep the Property free of debris and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or interference.

7. COMPLIANCE WITH STATUTES, REGULATIONS AND APPROVALS. FBNC’s use of the Property is contingent upon its maintaining the Property B in the manner described herein so as to meet all applicable statutes, regulations, rules and ordinances.

8. TERMINATION OR EXPIRATION.

8.1 FBNC shall pay the City a late payment charge equal to five percent (5%) for any payment not paid when due. Interest on delinquent payments shall be accrued at one percent (1%) per month until paid. It shall be a default if FBNC fails to pay any sums to the City when due, and does not cure such default within ten (10) days; or if FBNC fails in the performance of any other covenant or condition of this Agreement and does not cure such other default within thirty (30) days after written notice from the City specifying the default complained of; or if FBNC abandons or vacates the Property; or if FBNC is adjudicated bankrupt or makes any assignment for the benefit of creditors; or if FBNC becomes insolvent or FBNC reasonably believes itself to be insolvent; or if FBNC attempts to assign or transfer this Agreement in whole or in part, or any interest in this Agreement or any rights under this Agreement without the prior written consent of the City, which consent may be withheld for any reason or no reason; of if an Event of Default occurs; or if FBNC fails to comply with any provision in this Agreement.

8.2 In the event of a default, the City shall have the right, at its option, in addition to and not exclusive of any other remedies the City may have by operation of the law or in accordance with this Agreement, without any further demand or notice, to eject all persons and equipment and removable items from the Property not desired by the City, and declare this Agreement at an end, and in which event FBNC shall immediately pay the City a sum of money equal to any amount necessary to compensate City for all damages caused by FBNC’s failure to perform its obligations under this Agreement, including attorneys fees to enforce the terms and conditions of this Agreement. All equipment and removable property shall be deemed abandoned if not removed prior to the termination date and the City may use or dispose of the same at its discretion without liability.

License Agreement, Page 5 8.3 This Agreement may be terminated by the City if the City decides, in its sole discretion and for any reason, to redevelop the Property and/or sell the Property. The City will give notice to the extent possible, but no less than sixty (60) days’ notice to FBNC will be provided unless an emergency condition exists as determined in the sole discretion of the City Manager.

8.4 Upon termination or expiration of this Agreement for any reason, FBNC shall remove its equipment and, personalty from the Property on or before the termination or expiration date, and shall repair to the satisfaction of the City any damage to the Property caused by such equipment, all at FBNC’s sole cost and expense. In the event that FBNC’s equipment are not so removed to the satisfaction of the City, any such property or facilities shall become the property of the City and FBNC shall have no further rights thereto. Additionally, if FBNC fails to remove equipment from the Property, the City may do so at FBNC’s sole cost and expense. The City shall not be liable for the removal or for any damage to the equipment which may be caused by such removal. Furthermore, any and all damage to the Property, whether caused by removal or by FBNC’s use of the Property shall be at FBNC’s sole cost and expense and the City shall not be liable for the same.

9. INDEMNIFICATION, RELEASE, AND INSURANCE.

9.1 Disclaimer of Liability. The City shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of FBNC’s construction, maintenance, repair, use, operation, condition of the Property and/or any improvements thereon.

9.2 Assumption of Risk. FBNC undertakes and assumes for its officers, agents, contractors and subcontractors, employees, participants and volunteers (collectively “FBNC”) for the purpose of this section), all risk of dangerous conditions whether patent or latent, obvious or undiscoverable, and regardless of whether the City should have known of such dangerous conditions, if any, on or about the Property.

9.3 No Liens. FBNC agrees that no claim or lien may be filed against the City’s property for work, labor, materials or supplies provided or supplied to FBNC (as defined in 10.2), concerning the installation, construction, operation, maintenance or use of the Property or the improvements thereon. Should such claim or lien be filed, FBNC, upon the written request of the City, shall cause such claim or lien covering the City’s property to be discharged or bonded within thirty (30) days following such request to the satisfaction of the City Manager.

9.4 Contractors. FBNC shall require of each and every one of its contractors and their subcontractors to carry in full force and effect insurance coverages of the type and limits as required hereinbelow should construction or other similar work be performed on the Property.

License Agreement, Page 6 9.4.1 Coverages and Limits. During the term of the Agreement, FBNC’s contractors and subcontractors shall maintain or cause to be maintained, in full force and effect and at its sole cost and expense, the following types and limits of insurance:

a. Commercial General Liability (CGL) General Aggregate: $1,000,000 Per Occurrence: $500,000 Fire Damage: $50,000 a. Coverage shall be at least as broad as ISO CG 00 01 10 93 b. No coverage shall be excluded from standard policy without notification of individual exclusions being attached for review and acceptance.

b. Business Automobile Policy (BAP) Combined Single Limits: $1,000,000 Coverage for “Any Auto.”

c. Workers’ Compensation: Statutory Limits Employer’s Liability: $500,000 a. Waiver of Subrogation required

9.4.2 Insurance Certificates Prior to any work being performed, FBNC and/or its contractors or subcontractors shall file with the City valid Certificates of Insurance and endorsements acceptable to the City.

9.4.3 Notice of Cancellation. The certificates of insurance tendered pursuant to this Section 9 shall contain a provision that coverage afforded under the policies will not be canceled, suspended, voided, or reduced until at least thirty (30) days' prior written notice has been given to the City via certified mail, return receipt requested.

9.4.4 General Requirements Applicable to All Policies.

a. AM Best Rating of A; VII or better.

b. Insurance carriers licensed and admitted to do business in State of Texas will be accepted.

c. Liability policies will be on occurrence form.

d. The City, its officials, agents, and employees are to be added as Additional Insured to liability policies.

License Agreement, Page 7 e. Upon request of and without cost to City of Baytown, certified copies of all insurance policies and/or certificates of insurance shall be furnished to City of Baytown’s representative. Certificates of insurance showing evidence of insurance coverage shall be provided to City of Baytown’s representative prior to any work being performed at the site.

f. Upon request of and without cost to City of Baytown, loss runs (claims listing) of any and/or all insurance coverage shall be furnished to City of Baytown’s representative.

9.5 INDEMNIFICATION.

FBNC AGREES TO AND SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS, AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY TO OR DEATH OF ANY PERSON, OR FOR DAMAGE TO ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH WORK DONE AND/OR THE SERVICES PERFORMED BY FBNC PURSUANT TO THIS AGREEMENT, THE CONDUCT OR MANAGEMENT OF FBNC'S ACTIVITIES, OR FROM ANY ACT OR OMISSION BY FBNC, ITS AGENTS, SERVANTS, EMPLOYEES, SUBCONTRACTORS, GUESTS, OR INVITEES, ON OR ABOUT THE PROPERTY SUBJECT TO THIS AGREEMENT, WHERE SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED BY (I) THE JOINT NEGLIGENCE OF THE CITY AND ANY OTHER PERSON OR ENTITY AND/OR (II) THE SOLE OR JOINT NEGLIGENCE OF FBNC, ITS OFFICERS, AGENTS, CONTRACTORS, EMPLOYEES, INVITEES AND/OR GUESTS. IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH FBNC AND THE CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY FBNC TO INDEMNIFY AND PROTECT THE CITY FROM THE CONSEQUENCES OF (I) THE CITY'S OWN NEGLIGENCE, WHERE THAT NEGLIGENCE IS A CONCURRING CAUSE OF THE RESULTING INJURY,

License Agreement, Page 8 DEATH OR DAMAGE AND/OR THE (II) THE NEGLIGENCE OF FBNC, ITS OFFICERS, AGENTS, EMPLOYEES INVITEES AND/OR GUESTS. FURTHERMORE, THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL HAVE NO APPLICATION TO THE CITY FOR ANY CLAIM, LOSS, DAMAGE, CAUSE OF ACTION, SUIT AND LIABILITY WHERE THE INJURY, DEATH OR DAMAGE RESULTS FROM THE SOLE NEGLIGENCE OF THE CITY, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY.

In the event that any action or proceeding is brought against the City by reason of any matter which the City is indemnified herein, FBNC further agrees and covenants to defend the action or proceeding by legal counsel acceptable to the City. It is expressly agreed and understood by the parties hereto that the indemnity provided in this section shall survive the expiration or earlier termination of this Agreement.

9.6 RELEASE. FBNC assumes full responsibility for any work that it or its officers, contractors, agents or volunteers performs on the Property as well as for the use of the Property and hereby releases, relinquishes and discharges the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether they be either of the parties hereto, their employees, or other third parties) and any loss of or damage to property (whether the property be that of either of the parties hereto, their employees, or other third parties) that is caused by or alleged to be caused by, arising out of, or in connection with this Agreement. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance.

9.7 INSURANCE. Throughout the term of this Agreement, FBNC shall maintain insurance coverage of the type and amount hereinafter indicated. FBNC shall provide to the Direction of Parks and Recreation an insurance certificate evidencing the following coverage in the minimum limit indicated hereinbelow:

a. General Liability (GL) General Aggregate: $1,000,000 a. The City, its officials and employees are to be added as Additional Insured to this general liability policy.

10. ACCEPTANCE OF PROPERTY. By taking possession of the Property, FBNC accepts the Property in the condition existing as of the Commencement Date. The City makes no representation of warranty with respect to the condition of the Property and the City shall not be liable for any latent or patent defect in the Property.

License Agreement, Page 9 11. NOTICE. All notices or demands are deemed to have been given or made when delivered in person or mailed by certified, registered, or express mail, return receipt requested, postage prepaid, United States mail, and addressed to the applicable party as follows:

CITY: City of Baytown Attention: City Manager P.O. Box 424 Baytown, TX 77522

FBNC: Friends of the Baytown Nature Center, Inc. Attention: President P.O. Box 8177 Baytown, TX 77522-8177

12. CONSTRUCTION. Both parties have participated fully in the review and revision of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement.

13. ASSIGNMENT. Nothing in this Agreement shall preclude the City from entering into other Agreements for others to use that portion of the Property of which FBNC has non-exclusive use. FBNC shall continue to have the obligation to maintain Property B, unless the City relieves FBNC of such obligation for a certain period of time in writing. Absent such written documentation, FBNC shall maintain all portions of Property B.

14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns.

15. MISCELLANEOUS.

15.1 The City and FBNC represent that each, respectively, has full right, power, and authority to execute this Agreement.

15.2 This Agreement constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements of any kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Agreement must be in writing and executed by both parties.

15.3 This Agreement does not establish any real property rights, franchises or other rights whatsoever in real estate to FBNC. This Agreement provides limited rights to use and limited rights for access to facilities subject to revocation upon the terms and conditions of this Agreement.

License Agreement, Page 10 15.4 This Agreement and the performance hereof shall be governed, interpreted, construed and regulated by the laws of the State of Texas. Any litigation concerning this Agreement shall be conducted in Harris County, Texas, and the parties hereby agree to the venue and personal jurisdiction of these courts.

15.5 The City reserves the right to enter upon and have access to any portion of the Property at any and all times on any matters.

15.6 One or more instances of forbearance by the City in the exercise of its rights herein shall in no way constitute a waiver thereof.

15.7 By this Agreement, the City does not consent to litigation or suit, and the City hereby expressly revokes any consent to litigation that it may have granted by the terms of this Contract or any other contract or agreement, any charter, or applicable state law. Nothing herein shall be construed so as to limit or waive the City’s sovereign immunity.

15.8 No right or remedy granted herein or reserved to the City is exclusive of any other right or remedy herein by law or equity provided or permitted, but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without consent of the City. Forbearance or indulgence by the City shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement.

15.9 This Agreement is entered into subject to the Charter and ordinances of the City, as they may be amended from time to time, and is subject to and is to be construed, governed and enforced under all applicable State of Texas and Federal laws.

15.10 If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants or conditions of this Agreement are for any reason held to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants or conditions of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

15.11 This Agreement shall not bestow any rights upon any third party, but rather, shall bind and benefit FBNC and the City only.

15.12 The article and section headings are used in this Agreement for convenience and reference purposes only and are not intended to define, limit or describe the scope or intent of any provision of this Agreement and shall have no meaning or effect upon its interpretation

EXECUTED on the ___ day of March, 2012.

License Agreement, Page 11

FRIENDS OF THE BAYTOWN NATURE CENTER, INC.

BY WILLIAM B. BARNETT, President

STATE OF TEXAS § § COUNTY OF HARRIS §

Before me, ______, the undersigned notary public, on this day personally appeared William B. Barnett, the President of Friends of the Baytown Nature Center, Inc., known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same with full authority and for the purposes and consideration therein expressed.

SUBSCRIBED AND SWORN before me this __ day of ______, 2012.

______Notary Public in and for the State of Texas

CITY OF BAYTOWN, TEXAS

BY ______ROBERT D. LEIPER, City Manager ATTEST:

LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

IGNACIO RAMIREZ, SR., City Attorney

\\Cobfs01\legal\Karen\Files\Contracts\Community Garden\2012\License.doc

License Agreement, Page 12 Exhibit "A"

RTC PROPERTY W STERLING AVE

GOOSE CREEK PARK PRICE ST EXCLUSIVE

MARY WILBANKS AVE

W TEXAS AVE

NON-EXCLUSIVE

MARKET ST

AIR-5944 5. g. BAYTOWN CITY COUNCIL MEETING Meeting Date: 03/19/2012 Ordinance: Consider Authorizing an Interlocal Agreement with Chambers County concerning Subdivision Regulation in the City's ETJ - Administration Prepared for: Robert D. Leiper Prepared by: Karen Horner, Legal Department: Administration

Information ITEM Consider an ordinance authorizing an Interlocal Agreement with Chambers County concerning subdivision regulation in the City's extraterritorial jurisdiction within Chambers County.

PREFACE This proposed ordinance authorizes an Interlocal Agreement with Chambers County (the "County") concerning subdivision regulations in the City's extraterritorial jurisdiction within Chambers County ("ETJ").

Currently, the City has adopted and is enforcing its subdivision regulations within the ETJ. Likewise, the County has adopted and is enforcing its subdivision regulations in the ETJ. The current practice is, where there is a conflict between the regulations of the entities, the more stringent controls is enforced.

State law has been amended to limit the application of subdivision regulations within the extraterritorial jurisdiction of certain municipalities to one entity. Such law is bracketed such that it applies to the regulations within the ETJ within Chambers County, but not the ETJ within Harris County. Such law requires the City and Chambers County to enter into a written agreement that delineates which jurisdiction is responsible for the regulation of subdivision plats and approval of related permits in a particular area. Both the County and the City desire to enter into an interlocal agreement in conformance with the state law to establish that the City shall have exclusive jurisdiction to regulate subdivision plats and approve permits in the ETJ. The proposed ordinance approves such agreement, which agreement is effective upon its execution by both parties and expires on December 31, 2017.

This item supports the City's Development and Redevelopment vision by identify a single set of subdivision regulations with which all developers must comply in the City's ETJ within Chambers County.

RECOMMENDATION RECOMMENDATION Staff recommends approval.

Attachments Ordinance - Chambers County Interlocal Agreement Exhibit A - Chambers County Interlocal Agreement AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL COOPERATION AGREEMENT WITH CHAMBERS COUNTY FOR SUBDIVISION REGULATION WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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

Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the Mayor to execute and the City Clerk to attest to an Interlocal Cooperation Agreement with Chambers County for subdivision regulation within the extraterritorial jurisdiction of the City of Baytown. A copy of said agreement is attached hereto as Exhibit “A,” and incorporated herein for all intents and purposes.

Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown.

INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 19th day of March, 2012.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

\\Cobfs01\legal\Karen\Files\City Council\Ordinances\2012\March 19\InterlocalwithChambersCounty4SubdivisionRegulations.doc Exhibit "A"

#______INTERLOCAL COOPERATION AGREEMENT BETWEEN CHAMBERS COUNTY AND CITY OF BAYTOWN FOR SUBDIVISION REGULATION WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF BAYTOWN

THIS INTERLOCAL COOPERATION AGREEMENT is made and entered into by and between CHAMBERS COUNTY, Texas, a political subdivision of the State of Texas (hereinafter referred to as “COUNTY”), by and through its County Judge, Jimmy Sylvia, and the CITY OF BAYTOWN, a municipal corporation of the State of Texas (hereinafter referred to as “CITY”), by and through its Mayor, Stephen H. DonCarlos.

WHEREAS, portions of the CITY’s extraterritorial jurisdiction lie within the COUNTY

(those portions of the extraterritorial jurisdiction of the CITY within the COUNTY hereinafter referred to as ETJ); and

WHEREAS, the CITY has adopted and is enforcing subdivision regulations pursuant to

Subchapter A of Chapter 212 of the Texas Local Government Code and other statutes applicable to municipalities; and

WHEREAS, the COUNTY has adopted and is enforcing subdivision regulations pursuant to Sections 232.001-232.005 of the Texas Local Government Code and other statutes applicable to counties; and

WHEREAS, the COUNTY and the CITY, have both enforced their subdivision regulations in the ETJ and, in those situations where the CITY’s regulation conflicted with the

COUNTY’s regulation, the more stringent provisions prevailed; and

WHEREAS, the COUNTY and the CITY are required to enter into a written agreement, wherein the parties may agree as follows:

(1) that the CITY be granted exclusive jurisdiction to regulate subdivision plats and

approve related permits in the ETJ;

(2) the COUNTY be granted exclusive jurisdiction to regulate subdivision plats and

approve related permits in the ETJ;

(3) the CITY and the COUNTY may apportion the area within the ETJ, assigning

areas to be regulated by the CITY and areas to be regulated by the COUNTY; or

(4) the CITY and County may establish one office authorized to accept plans, collect

fees, and provide one response indicating approval or denial of plats and

establishing a single set of consolidated and consistent regulations related to plats,

subdivision construction plans and subdivisions of land; and

WHEREAS, both the COUNTY and the CITY desire to enter into an Interlocal

Cooperation Agreement, pursuant to Texas Governmental Code Chapter 791.011(a), whereby the COUNTY and the CITY shall agree upon the terms of said written agreement;

NOW, THEREFORE, the COUNTY and the CITY mutually agree as follows:

I. TERM OF AGREEMENT A. The COUNTY and the CITY mutually agree that the term of this Local Cooperation

Agreement shall be from the date it is formally and duly executed by both the

COUNTY and the CITY until December 31, 2017.

B. Notwithstanding the foregoing, this Agreement may be terminated by either party by

giving ninety (90) days’ written notice of intent to terminate this Agreement to the

other party. Any notice of intent to terminate must be delivered by deposit in the

United States mail, certified, return receipt requested, to the other party at the 2

addresses set out herein. Upon termination of this Agreement, neither party shall

have any obligations to the other party under this Agreement.

. II. COUNTY RESPONSIBILITIES A. The COUNTY shall not enforce its subdivision regulations or approve related permits

within the ETJ and shall not have the obligation or right to agree or disagree with the

application and/or interpretation of the CITY’S subdivision regulations.

III. CITY RESPONSIBILITIES A. The CITY shall enforce its subdivision regulations within its ETJ and approve related

permits.

IV. GENERAL PROVISIONS

General Administration: General administration of this Agreement shall be by the

contact person and representative for the COUNTY — the Chambers County Judge, or

his representative (or successor in office). Administering this Agreement and the contact

person and representative for the CITY is the City Manager, or his representative (or

successor in office).

1. Alteration, Amendment or Modification: This Agreement may not be altered,

amended, or modified except in writing signed by all parties to this Agreement.

No official, agent, employee, or representative of either the COUNTY or the

CITY has the authority to alter, amend, or modify the terms of this Agreement,

except in accordance with express authority as may be granted by the Chambers

County Commissioners Court and the Baytown City Council.

2. Notice: All notices sent pursuant to this Agreement shall be in writing and must

be sent by registered or certified mail, postage prepaid, return receipt requested.

(a) Notices sent pursuant to this Agreement shall be sent to the Chambers County

Judge’s Office at the following address:

County Judge Jimmy Sylvia (or his successors in office) Chambers County Judge's Office PO Box 939 Anahuac, Texas 77514

(b) Notices sent pursuant to this Agreement may be delivered or sent to the City

at the following address:

Mayor Stephen H. DonCarlos (or his successors in office) City of Baytown P.O. Box 424 Baytown, Texas 77522-0424

the Chambers County Attorney’s Office at the following address:

Honorable Scott Peal (or his successor in office) Chambers County Courthouse Annex PO Box 1200 Anahuac, Texas 77514

(d) To be effective, a copy of any notices sent to the CITY shall be sent to the

City Attorney’s Office at the following address:

Honorable Ignacio Ramirez, Sr. (or his successor in office) City of Baytown P.O. Box 424 Baytown, Texas 77522-0424

(e) When notices sent pursuant to this Agreement are mailed by registered or

certified mail, notice shall be deemed effective three (3) days after deposit in a

U.S. mail box or at a U.S. post office.

3. Severability: If any provision of this Agreement is found to be invalid, illegal,

or unenforceable, such invalidity, illegality, or unenforceability shall not affect

the remaining provisions of this Agreement.

4. Breach: The failure of either party to comply with the terms and conditions of

this Agreement shall constitute a breach of this Agreement.

5. Non-Waiver: The waiver by either party of a breach of this Agreement shall not

constitute a continuing waiver of such breach or of a subsequent breach of the

same or a different provision.

6. Entire Agreement: This Interlocal Cooperative Agreement constitutes the

entire agreement between Chambers County and the City of Baytown. No other

agreement, statement, or promise relating to the subject matter of this Contract

and which is not contained in this Contract or incorporated by reference in this

Contract shall be valid or binding.

7. Terms used in Document: As used in this document, the terms “Interlocal

Cooperation Agreement,” “Interlocal Agreement,” “Agreement,” and “Contract” 5

are synonymous.

8. Non-Defined Terms: If not specifically defined in this contract, words and

phrases used in this contract shall have their ordinary meaning as defined by

common usage.

EXECUTED THIS ______day of ______, 2012.

Chambers County

By: ______Honorable Jimmy Sylvia Chambers County Judge

Attest:

______Date: ______Heather H. Hawthorne, Chambers County Clerk

EXECUTED THIS ______day of ______, 2012.

City of Baytown

By: ______Honorable Stephen H. DonCarlos Mayor of the City of Baytown

Attest:

______Date: ______Leticia Brysch, City Clerk of the City of Baytown

\\Cobfs01\legal\Karen\Files\Contracts\Chambers County ETJ Agreement\Interlocal Agreement for Regulation of Subdivisions Chambers County-City of Baytown 2012 FINAL.doc

AIR-5924 5. h. BAYTOWN CITY COUNCIL MEETING Meeting Date: 03/19/2012 Ordinance: Consider Authorizing the Annual Uniform Rental and Miscellaneous Services Contract - Finance. Prepared for: Louise Richman Prepared by: Linda Malak, Finance Department: Finance

Information ITEM Consider an ordinance authorizing the Annual Uniform Rental and Miscellaneous Services Contract through the BuyBoard.

PREFACE This proposed ordinance authorizes the Annual Uniform Rental and Miscellaneous Services Contract through the BuyBoard for the next three years, subject to a non-funding provision.

This contract provides for new uniforms at the onset, and continual upgrades throughout the term of the contract. This contract also provides uniform rental services for approximately 130 employees from Utility Billing, Mosquito Control, Utilities, Streets, Drainage, Solid Waste, Wastewater Collection, Wastewater Treatment, Water Distribution, Traffic, Fire Garage, Police Garage, and Equipment Services Garage. Other miscellaneous items provided are shop towels, mats and fender covers.

Rental uniforms will consist of 11 changes of clothing per employee in three choices: (1) poly blend pants and shirts, (2) 100% cotton pants and shirts, and (3) 100% cotton coveralls. The coverall option is a new addition to this contract.

The pricing for the current uniform rental contract is $7.10 per person (11 changes of clothing, poly blend and cotton); however, the pricing on the new contract will be as follows: 1. Poly blend pants and shirts - $5.29 per week 2. 100% cotton pants and shirts - $7.74 per week 3. 100% cotton coveralls – $5.82 per week Uniform rental companies are notorious for adding numerous fees; such as, set-up fees, damage fees, replacement fees, labeling fees, alteration fees, environmental fees, stop fees, minimum invoice fees, and fuel surcharges; however, by using G and K Services those fees will be eliminated. Additionally, the City will incur cost savings through the company's image guard program for $.065 per garment, which will eliminate any damage fees, replacement costs, and buyback charges at the end of the contract. This program is typically not available costs, and buyback charges at the end of the contract. This program is typically not available until six months after the initiation of the contract. However, G & K Services has agreed to allow the City to use the program from the initiation of the contract.

The Texas Local Government Purchasing Cooperative, referred to as the BuyBoard, is a joint project of the Texas Association of School Boards, Texas Municipal League, and Texas Association of Counties.

This item supports the City of Baytown vision of providing great public service.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: FY2012 &13 Acct Code: 72007 Source of Funds (Operating/Capital/Bonds): Operating Funds Budgeted Y/N: Y Amount Needed: $70,000. Fiscal Impact (Additional Information): Various departments as listed in the preface utilize this contract.

Attachments Ordinance - Annual Uniform Rental AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SEVENTY THOUSAND AND NO/100 DOLLARS ($70,000.00) TO G & K SERVICES FOR THE CITY’S ANNUAL UNIFORM RENTAL AND MISCELLANEOUS SERVICES CONTRACT THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

*********************************************************************************************

WHEREAS, the City of Baytown is a member of the cooperative purchasing program established under Sections 271.082 and 271.083 of the Texas Local Government Code; and

WHEREAS, the Texas Local Government Purchasing Cooperative’s Buy Board Program is such a program, allowing municipalities to purchase products and/or services in an efficient, cost effective, and competitive procurement method; and

WHEREAS, the City of Baytown in making a purchase under a state contract through such cooperative purchasing program satisfies state law requiring municipalities to seek competitive bids for the purchase of the item(s); NOW THEREFORE

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

Section 1: That the City Council of the City of Baytown hereby authorizes the payment of SEVENTY THOUSAND AND NO/100 DOLLARS ($70,000.00) to G & K Services for the City’s Annual Uniform Rental and Miscellaneous Services Contract through the Texas Local Government Purchasing Cooperative (Buy Board).

Section 2: That the City Manager is hereby granted general authority to approve any change order involving a decrease or an increase in costs of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) or less, provided that the original contract price may not be increased by more than twenty-five percent (25%) or decreased by more than twenty-five percent (25%) without the consent of the contractor to such decrease.

Section 3: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown.

INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 19th day of March, 2012.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney \\Cobfs01\legal\Karen\Files\City Council\Ordinances\2012\March 19\BuyBoardAnnualUniformRentalandMiscServicesContract.doc

AIR-5946 5. i. BAYTOWN CITY COUNCIL MEETING Meeting Date: 03/19/2012 Ordinance: Consider Authorizing Annual Concrete Raising Services Contract Renewal - Finance. Prepared for: Louise Richman Prepared by: Linda Malak, Finance Department: Finance

Information ITEM Consider an ordinance authorizing the renewal of the Annual Concrete Raising Services Contract to Superior Grouting Services, Inc.

PREFACE This proposed ordinance authorizes the fourth renewal of the Annual Concrete Raising Services Contract in the amount of $160,000.00 to Superior Grouting Services, Inc. Superior Grouting Services submitted a written request to renew the current contract for the same pricing, terms and conditions with no CPI increase; the price per square foot is $2.51.

This contract provides concrete raising services for the purpose of eliminating swales, birdbaths and related pavement failures on various concrete thoroughfares throughout the City. The contract includes the lifting and stabilizing for all thickness up to and including six inches (6”) of concrete pavements, including: curbs and gutters, roadways, and driveway aprons. Superior Grouting continues to provide excellent service.

This item supports the City of Baytown vision to incorporate pedestrian-friendly design to make it easier to walk from one place to another.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: 2012-2013 Acct Code: Varies Source of Funds (Operating/Capital/Bonds): Varies Funds Budgeted Y/N: Y Amount Needed: $160,000 Fiscal Impact (Additional Information): Org/Acct numbers vary among different projects.

Attachments Ordinance - Renew Annual Concrete Raising Services Contract Indebtedness Certification AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL CONCRETE RAISING CONTRACT WITH SUPERIOR GROUTING SERVICES, INC., AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE SUM OF ONE HUNDRED SIXTY THOUSAND AND NO/100 DOLLARS ($160,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

********************************************************************************************

WHEREAS, Superior Grouting Services, Inc., was awarded the Annual Concrete Raising Contract on August 28, 2008, pursuant to competitive bidding procedures, which contract included an option by the parties to renew for additional one-year periods; and

WHEREAS, such contract was renewed on August 13, 2009, July 22, 2010, and August 11, 2011, and can be renewed again for an additional one-year term; and

WHEREAS, Superior Grouting Services, Inc., has indicated its willingness to renew the contract for an additional year for the same unit pricing; and

WHEREAS, the Administration has reviewed the market conditions and recommends renewal as being in the best interest of the City; NOW THEREFORE

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

Section 1: That the City Council of the City of Baytown hereby renews the Annual Concrete Raising Contract with Superior Grouting Services, Inc., for the sum of ONE HUNDRED SIXTY THOUSAND AND NO/100 DOLLARS ($160,000.00), and authorizes payment thereof.

Section 2: That pursuant to the provisions of Texas Local Government Code Annotated §252.048, the City Manager is hereby granted general authority to approve any change order involving a decrease or an increase in costs of TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) or less, provided that the original contract price may not be increased by more than twenty-five percent (25%) or decreased by more than twenty-five percent (25%) without the consent of the contractor to such decrease.

Section 3: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown.

INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 19th day of March, 2012.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney \\Cobfs01\legal\Karen\Files\City Council\Ordinances\2012\March 19\RenewAnnualConcreteRaisingContract.doc

AIR-5931 5. j. BAYTOWN CITY COUNCIL MEETING Meeting Date: 03/19/2012 Ordinance: Consider Authorizing Change Order #2 to the Pinehurst Subdivision Sanitary Sewer and Drainage Improvement Project - Engineering. Prepared for: Jose Pastrana Prepared by: Linda Newsted, Engineering Department: Engineering

Information ITEM Consider authorizing Change Order #2 to the Pinehurst Subdivision Sanitary Sewer and Drainage Improvement Project.

PREFACE This proposed ordinance authorizes Change Order #2 to the Pinehurst Subdivision Sanitary Sewer and Drainage Improvement Contract with Angel Brothers Enterprises Ltd., in an amount not to exceed $658,144.37, and while this is a significant amount it represents only 13.6% of the total project.

The Pinehurst Sanitary Sewer and Drainage Project is one of the most comprehensive subdivision projects undertaken in years. These two separate projects were merged into one in order to avoid duplicate intrusions on the neighborhood. The combined projects resulted in a $5.5 million contract. This change order is the culmination of issues that have arisen as we worked through hundreds of front and back yards, relocating the entire sanitary sewer system and upgrading the storm drainage system.

This additional work was necessary to complete the Pinehurst Sanitary Sewer and Drainage Improvement Project . Once the construction began, it was found that most of the driveways needed to be replaced further back than anticipated by the design engineer. In many cases, we had to replace driveway beyond the ROW line in order to properly maintain grade to prevent water ponding and provide stable concrete to properly form.

In addition to the driveway conditions, the private sewer connections in the rear of the proprieties had to be re-routed to the collection lines in the front. The tap locations were originally estimated by aerial photographs since there was no physical means of tracing each service. Each backyard had to be probed and dug to find the actual service location so it could be re-routed. Once the line was located, the avoidance of obstacles such as swimming pools required additional lengths of service line and additional boring. Both of these line items exceeded the linear footage of 4 inch service line and boring called for in the plans and the bids. bids.

All of the cost growth in this project involves additional quantities of items that were competitively bid at their unit price. This change order also covers the additional storm pipe that was needed when the existing pipe was unusable as well as some additional sodding to close out this project.

This much needed project is compete except for punch list items. The improved storm system performed very well in last weekend's rain. There are still some low areas that hold water, however, they are being addressed by the contractor.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): COs, GOs & Interest Funds Budgeted Y/N: Amount Needed: $658,144.37 Fiscal Impact (Additional Information): $488,826.07 - Sanitary Sewer Portion - COs. $169,318.30 - Drainage Portion - GOs and Interest.

Attachments Ordinance - Change Order No. 2 Exhibit A - Change Order No. 2

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 2 WITH ANGEL BROTHERS ENTERPRISES, LTD., FOR THE PINEHURST SUBDIVISION SANITARY SEWER AND DRAINAGE IMPROVEMENT PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SIX HUNDRED FIFTY-EIGHT THOUSAND ONE HUNDRED FORTY-FOUR AND 37/100 DOLLARS ($658,144.37); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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

Section 1: That the City Council does hereby authorize Change Order No. 2 with Angel Brothers Enterprises Ltd., for Change Order No. 2 to the Pinehurst Subdivision Sanitary Sewer and Drainage Improvement Project. A copy of said change order is attached hereto, marked Exhibit “A” and made a part hereof for all intents and purposes.

Section 2: That the City Council of the City of Baytown hereby authorizes the payment of SIX HUNDRED FIFTY-EIGHT THOUSAND ONE HUNDRED FORTY-FOUR AND 37/100 DOLLARS ($658,144.37)) to Angel Brothers Enterprises, Ltd., for Change Order No. 2 for the Pinehurst Subdivision Sanitary Sewer and Drainage Improvement Project.

Section 3: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown.

INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 19th day of March, 2012.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney \\Cobfs01\legal\Karen\Files\City Council\Ordinances\2012\March 19\ChangeOrderNo2PinehurstSubdivisionSanitarySewer&DrainageImprovementProject.doc

Exhibit "A"

AIR-5940 6. a. BAYTOWN CITY COUNCIL MEETING Meeting Date: 03/19/2012 Pelly Park Splash Deck Grand Opening - Parks and Recreation. Prepared for: Scott Johnson Prepared by: Scott Johnson, Parks and Recreation Department: Parks and Recreation

Information ITEM The Pelly Park Splash Deck Grand Opening and Ribbon Cutting is scheduled for Tuesday, March 20, 2012, at 5:00 p.m.

PREFACE The Pelly Park Splash Deck Grand Opening and Ribbon Cutting is scheduled for Tuesday, March 20, 2012, at 5:00 p.m. Pelly Park is located at 900 South Main Street.

The Pelly Park Splash Deck, a bond-funded facility that was recommended by the Aquatics Facility Master Plan, will open to the public for its first summer season on Tuesday, March 20th. More details of the Grand Opening will be available at the Council Meeting.

RECOMMENDATION

Attachments Invitation Map Park Layout Park Logo

AIR-5976 6. b. BAYTOWN CITY COUNCIL MEETING Meeting Date: 03/19/2012 Announcement of the Bayland Marina Ribbon Cutting - Parks and Recreation. Prepared for: Scott Johnson Prepared by: Jason Cozza, City Clerk's Office Department: Parks and Recreation

Information ITEM The ribbon cutting for the Bayland Marina is scheduled for Thursday, April 5th, 2012 at 4:30 p.m.

PREFACE The ribbon cutting for the Bayland Marina is scheduled for Thursday, April 5th, 2012 at 4:30 p.m.

RECOMMENDATION

AIR-5984 6. c. BAYTOWN CITY COUNCIL MEETING Meeting Date: 03/19/2012 Charter Review Public Meetings - Administration. Prepared for: Robert Leiper Prepared by: Jason Cozza, City Clerk's Office Department: Administration

Information ITEM The City of Baytown Charter Review Committee will seek public comment at two public meetings scheduled on March 27th, 2012; the first at 2:00 p.m. and the second at 7:00 p.m. in the City Council Chamber.

PREFACE The City of Baytown Charter Review Committee will seek public comment at two public meetings scheduled on March 27th, 2012; the first at 2:00 p.m. and the second at 7:00 p.m. in the City Council Chamber, 2401 Market Street, Baytown, Texas.

The public is encouraged to attend and provide comments input in regards to possible amendments to the City's Charter, which may include, but are not limited to: Council Compensation, Term Limits for Council, Petitions for Initiatives, Referendum and Recall, Budgets, auditing and borrowing requirements, Tax assessment processes, Conflicts of interest, and Requiring regular review of the Charter for amendment.

RECOMMENDATION