City of Baytown

CITY OF BAYTOWN

NOTICE OF MEETING

CITY COUNCIL SPECIAL MEETING MONDAY, NOVEMBER 17, 2014 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 Chris Presley, District No. Two

1. MINUTES

a. Consider approving the minutes of the City Council Special Meeting held on October 16, 2014.

b. Consider approving the minutes of the City Council Regular Meeting held on October 23, 2014.

2. RECOGNITIONS AND CITIZEN COMMUNICATIONS

a. Recognize the City of Baytown Public Safety Award of Excellence winners.

b. Recognize City of Baytown employees for their Years of Service (5, 10, 15 plus years).

c. Presentation regarding Mr. Thane Harrison's retirement and the new representative for Waste Management.

d. Presentation of the new Welcome to Baytown video featuring Mayor DonCarlos.

3. DISCUSSIONS

a. Receive and discuss the status report of the Charter Review Committee.

4. PROPOSED AMENDMENTS TO ULDC TEXT AMENDMENTS

a. Conduct a public hearing concerning the proposed amendments to the text of the Unified Land Development Code (ULDC) providing for an affirmative vote of at least two-thirds of all members of the City Council for a change to the zoning text or to the official zoning map, except in cases where a change is protested in accordance with state law, or is recommended for denial by the Planning and Zoning Commission but overruled by City Council, which will require the affirmative vote of at least three-fourths of all members of the City Council.

b. Consider an ordinance to amend the text of the Unified Land Development Code (ULDC) providing for an affirmative vote of at least two-thirds of all members of the City Council for a change to the zoning text or to the official zoning map, except in cases where a change is protested in accordance with state law, or is recommended for denial by the Planning and Zoning Commission but overruled by City Council, which will require the affirmative vote of at least three-fourths of all members of the City Council.

c. Conduct a public hearing concerning the proposed amendments to the text of the Unified Land Development Code (ULDC) to clarify the approval process for a special use permit by providing for an affirmative vote of a majority of all members of the City Council for the approval of a special use permit, except in cases where a change is protested in accordance with state law or where a special use permit is recommended for denial by the Planning and Zoning Commission but overruled by City Council, which will require the affirmative vote of at least three-fourths of all members of the City Council.

d. Consider an ordinance to amend the text of the Unified Land Development Code to clarify the approval process for a special use permit by providing for an affirmative vote of a majority of all members of the City Council for the approval of a special use permit, except in cases where a change is protested in accordance with state law or where a special use permit is recommended for denial by the Planning and Zoning Commission but overruled by City Council, which will require the affirmative vote of at least three-fourths of all members of the City Council.

5. ANNEXATION AND REZONING OF APPROXIMATELY 0.178 ACRES OF 6730 N. MAIN, BAYTOWN, TEXAS

a. Consider an ordinance for the second and final reading of the proposed voluntary annexation of approximately 0.178 acres of land situated in the William C. and Charles Boswell Survey, Abstract 1562, Harris County, Texas, located approximately 2000 feet south of Interstate 10, northeast of the intersection of Hunt Road and North Main Street.

b. Consider an ordinance placing approximately 0.178 acres of land situated in the William b. Consider an ordinance placing approximately 0.178 acres of land situated in the William C. and Charles Boswell Survey, Abstract 1562, Harris County, Texas, located approximately 2,000 feet south of Interstate 10, northeast of the intersection of Hunt Road and North Main Street into City Council District No. 4.

c. Conduct a public hearing concerning a proposed amendment to the official zoning map for approximately 0.178 acres area out of Lot 27, Block 19 of the Highland Farms Subdivision Plat, Harris County, Texas, and said parcel being out of the William C. and Charles Boswell Survey; located at 6730 North Main Street, which is generally east of North Main Street approximately 2,000 feet south of Interstate 10; from Open Space/Recreation (OR) to General Commercial (GC).

d. Consider an amendment to the official zoning map for approximately 0.178 acres out of Lot 27, Block 19 of the Highlands Farms Subdivision, Baytown, Harris County, Texas, and said parcel being out of the William C. and Charles Boswell Survey; located at 6730 North Main Street, which is generally east of North Main Street approximately 2,000 feet south of Interstate 10; from Open Space/Recreation (OR) to General Commercial (GC).

6. PROPOSED ORDINANCES

a. Consider an ordinance authorizing the Seventh Amendment to the Collective Bargaining Agreement for October 1, 2010 -- September 30, 2016, with the International Association of Firefighters Local 1173 to add Article 34 "Reappointment" to provide for the reappointment of firefighters under certain conditions.

b. Consider an ordinance authorizing a Professional Service Agreement with Midtown Engineering, LLC, for the Texas Avenue Streetscape - Phase II and Town Center Project.

c. Consider an ordinance authorizing a Professional Service Agreement with Kimley-Horn and Associates, Inc., for surveying and environmental services, preliminary design, and right-of-way services for the San Jacinto Boulevard Extension Project.

d. Consider an ordinance amending Chapter 66 "Offenses," Article III "Controlled Substances" of the Code of Ordinances, Baytown, Texas, to expand the ban to include illicit synthetic substances; regulating the display and package labeling of herbal incense; and declaring certain conduct to be unlawful.

e. Consider an ordinance authorizing the City Manager to negotiate and execute one or more contracts for the emergency repairs to the 30-inch steel force main located 800 feet west of the intersection of Lee drive and Market Street.

f. Consider an ordinance authorizing granting a variance from the distance requirements f. Consider an ordinance authorizing granting a variance from the distance requirements contained in the Live Outdoor Exhibition Ordinance to the Art League of Baytown, Incorporated, for its annual Christmas on Texas Avenue to be held on December 6, 2014; and exempting such event from the application of the City’s Peddlers and Solicitors' Ordinance.

g. Consider an ordinance authorizing a contract with the Greater Houston Football Coaches Association for advertising services related to the 2015 Bayou Bowl and authorizing additional funds for state-wide advertising of the Bayou Bowl and the City of Baytown.

7. PROPOSED RESOLUTIONS

a. Consider approving a resolution nominating Bayer MaterialScience LLC to the Office of the Governor, Texas Economic Development Bank, for designation as a qualified business and a triple jumbo Enterprise Project under the Texas Enterprise Zone Program.

b. Consider a resolution to support the activities of the Texas Coast Utilities Coalition of Cities and other similarly situated coalition of municipalities in proceedings before the Railroad Commission of Texas and the Texas Legislature related to the City's authority to effectively review and regulate rates.

8. 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. Consider an ordinance authorizing the purchase of five (5) 2015 Freightliner trucks for the Public Works Department through Houston-Galveston Area Council (H-GAC).

b. Consider an ordinance authorizing the purchase of sixteen (16) mobile digital video recording devices, all necessary workstation/servers, software/hardware, and installation/configuration services for the Police Department through Department of Information Resources (DIR).

c. Consider an ordinance authorizing the purchase of seventy (70) Dell computers for Houston HIDTA through the Department of Information Resources (DIR).

d. Consider an ordinance authorizing the purchase of thirty-one (31) Panasonic CF-53 Mobile Digital Terminals for the Police Department through Department of Information Resources (DIR).

e. Consider an ordinance authorizing the purchase of one (1) 2015 Chevrolet 1/2 Ton Crew e. Consider an ordinance authorizing the purchase of one (1) 2015 Chevrolet 1/2 Ton Crew Cab and sixteen (16) 2015 Tahoe Trucks from Reliable Chevrolet, Inc., for the Police Department, through a cooperative purchasing agreement with Tarrant County; along with the purchase and installation of emergency equipment for the new vehicles from Fleet Safety Equipment, Inc., through the BuyBoard.

f. Consider an ordinance authorizing a cooperative purchasing agreement with the City of Garland.

g. Consider an ordinance prescribing the number of positions in each classification in "Service Group - Fire."

h. Consider amending Ordinance No. 12,421 to prescribe the number of positions in the classification "Service Group - Police."

i. Consider an ordinance authorizing an Interlocal Agreement with the Baytown Municipal Development District for the funding of property acquisition costs related to the San Jacinto Boulevard Project.

j. Consider an ordinance authorizing an Industrial District Agreement with NRG Cedar Bayou Development Company, LLC, and Optim Energy Cedar Bayou 4, LLC.

k. Consider an ordinance authorizing a development agreement with JSS Acquisition, LLC.

l. Consider an ordinance authorizing the closeout and acceptance of the Bay Oaks Harbor Road Improvement Project and the release of retainage to Angel Brothers Enterprises Ltd.

m. Consider an ordinance authorizing the purchase of Trimble Survey Equipment from Martin Instrument, Inc., through the Department of Information Resources (DIR).

n. Consider an ordinance awarding a construction contract and Change Order No. 1 for the Annual Waterline Rehabilitation Project to SKE Construction.

o. Consider an ordinance authorizing payment to Harris County for radio airtime.

p. Consider an ordinance approving the payment of the Texas Commission on Environmental Quality fee for the City's four (4) wastewater treatment plants.

9. APPOINTMENTS

a. Consider five (5) appointments to the Sign Committee.

b. Consider four (4) appointments to the Planning and Zoning Commission.

10. EXECUTIVE SESSION

a. Recess into and conduct an executive session pursuant to Section 551.087 of the Texas Government Code to deliberate the offer of a financial or other incentive to a business prospect that the City seeks to have stay or expand in the City and with which the City is conducting economic development negotiations.

11. 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. Receive the 2014 Annual Progress Report of the flood related initiatives portion of the All Hazard Mitigation Plan.

b. The Annual Baytown Christmas Parade is scheduled to start at 6:30 p.m., Thursday, December 4, 2014, at Market Street in front of Bicentennial Park.

c. The 48th Annual Art Show and Reception will be held at the Baytown Community Center on Friday, December 5, 2014, at 7:00 p.m.

d. Present the new emergency evacuation and animal adoption trailer for the Health Department.

e. City of Baytown Offices will be closed on Thursday, November 27th and Friday, November 28th, 2014, in observance of the Thanksgiving Holiday.

f. Reminder of the last scheduled City Council meeting for 2014.

12. ADJOURN

BAYTOWN SPECIAL CITY COUNCIL 1. a. MEETING Meeting Date: 11/17/2014 Subject: Consider Approving the Minutes of the City Council Special Meeting held on October 16, 2014. Prepared for: Leticia Brysch, City Clerk's Office Prepared by: Omega Jones, City Clerk's Office Department: City Clerk's Office

Information ITEM Consider approving the minutes of the City Council Special Meeting held on October 16, 2014.

PREFACE Consider approving the minutes of the City Council Special Meeting held on October 16, 2014.

RECOMMENDATION Staff recommends approval.

Attachments October 16th, 2014 CC SP Meeting D R A F T MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN

October 16, 2014

The City Council of the City of Baytown, Texas, met in a Special Meeting on Thursday, October 16, 2014, at 5:00 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 Mercedes Renteria Council Member Terry Sain 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 October 16, 2014, City Council Special Meeting with a quorum present at 5:00 P.M., all members were present with the exception of Council Members McCartney and Presley who were both absent.

1. PROPOSED ORDINANCES a. Consider an ordinance adopting the tax rate for General Fund Maintenance and Operations at $0.44562 per $100 valuation and adopting the tax rate for Debt Service at $0.37641 per $100 valuation for the fiscal year ending September 30, 2015.

A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving that the property tax rate be increased by the adoption of a tax rate of 0.82203, which is effectively a 2.52 percent increase in the tax rate. The vote was as follows:

Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tem Mercedes Renteria III, Council Member Terry Sain

Nays: None

Other: Council Member David McCartney (Absent), Council Member Chris Presley (Absent) City Council Special Meeting Minutes October 16, 2014 Page 2 of 2

Approved

ORDINANCE NO. 12,683

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING THE RATE AND TAX LEVY FOR GENERAL FUND MAINTENANCE AND OPERATION AND DEBT SERVICE FOR THE CITY OF BAYTOWN FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2015, UPON ALL TAXABLE PROPERTY IN SAID CITY OF BAYTOWN IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS AND THE CHARTER PROVISIONS AND ORDINANCES OF SAID CITY; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

2. ADJOURN

A motion was made by Mayor Pro Tem Mercedes Renteria III and seconded by Council Member Robert C. Hoskins adjourning the October 16, 2014, City Council Special Meeting. The vote was as follows:

Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tem Mercedes Renteria III, Council Member Terry Sain

Nays: None

Other: Council Member David McCartney (Absent), Council Member Chris Presley (Absent)

Approved

With there being no further business to discuss, Mayor DonCarlos adjourned the October 16, 2014, City Council Special Meeting at 5:00 P.M.

______Leticia Brysch, City Clerk City of Baytown BAYTOWN SPECIAL CITY COUNCIL 1. b. MEETING Meeting Date: 11/17/2014 Subject: Consider Approving the Minutes of the City Council Regular Meeting held on October 23, 2014. Prepared for: Leticia Brysch, City Clerk's Office Prepared by: Omega Jones, City Clerk's Office Department: City Clerk's Office

Information ITEM Consider approving the minutes of the City Council Regular Meeting held on October 23, 2014.

PREFACE Consider approving the minutes of the City Council Regular Meeting held on October 23, 2014.

RECOMMENDATION Staff recommends approval.

Attachments October 23, 2014, CC Draft Minutes D R A F T MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN

October 23, 2014

The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, October 23, 2014, 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 Chris Presley Council Member Mercedes Renteria Council Member Terry Sain Council Member

Stephen H. DonCarlos Mayor

Robert D. Leiper City Manager Ignacio Ramirez City Attorney Leticia Brysch City Clerk Keith Dougherty Sergeant at Arms

Mayor DonCarlos convened the October 23, 2014, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present with the exception of Council Member Hoskins who arrived at 7:04 P.M.

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

1. MINUTES a. Consider approving the minutes of the City Council Regular Meeting held on October 09, 2014.

A motion was made by Council Member Terry Sain and seconded by Mayor Pro Tem Mercedes Renteria III approving the October 09, 2014, City Council Regular Meeting minutes. The vote was as follows:

Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member David McCartney, Mayor Pro Tem Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley

Nays: None City Council Regular Meeting Minutes October 23, 2014 Page 2 of 13

Other: Council Member Robert C. Hoskins (Not Present for Vote)

Approved b. Consider approving the minutes of the City Council Special Meeting held on October, 06, 2014.

A motion was made by Council Member David McCartney and seconded by Mayor Pro Tem Mercedes Renteria III approving the October 06, 2014, City Council Special Meeting minutes. The vote was as follows:

Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member David McCartney, Mayor Pro Tem Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley

Nays: None

Other: Council Member Robert C. Hoskins (Not Present for Vote)

Approved

2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Ms. Cindy Coker requested to appear before City Council in regards to expressing the need for an after-hours animal clinic/hospital/emergency care facility.

Ms. Coker stated that Baytown is in need of an after hour animal emergency care facility. b. Recognize City of Baytown employees for their Years of Service (5, 10, 15 plus years).

City Manager Leiper presented the agenda item and recognized City of Baytown employees for their years of service (5, 10, 15 plus years).

5 Years: David Johnston - Patrol Officer, Police Clifford Hatch - Recreation Supervisor, Parks & Recreation Earl Harris - Heavy Equipment Operator II - Streets & Drainage, Public Works

10 Years: Angel Sanchez - Caretaker Maintenance, Parks & Recreation Rodney Sellers - Facilities Coordinator, Police

15 Years: Mike Lester - Director of Health City Council Regular Meeting Minutes October 23, 2014 Page 3 of 13

25 Years: James Iler - Patrol Officer, Police

3. PROPOSED ORDINANCES a. Consider an ordinance for the first reading of the proposed voluntary annexation of approximately 0.178 acres of land situated in the William C. and Charles Boswell Survey, Abstract 1562, Harris County, Texas, located approximately 2000 feet south of Interstate 10, northeast of the intersection of Hunt Road and North Main Street.

City Manager Leiper presented the agenda item and stated that City Council approved a resolution granting the annexation petition on July 10, 2014. He stated that the 1st and 2nd public hearings were held by City Council on September 25, 2014, and that the second reading of the ordinance and completion of the annexation proceedings are scheduled for November 17, 2014.

A motion was made by Council Member Terry Sain and seconded by Council Member David McCartney approving Ordinance No. 12,684. The vote was as follows:

Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member David McCartney, Mayor Pro Tem Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley

Nays: None

Other: Council Member Robert C. Hoskins (Not Present for Vote)

Approved

ORDINANCE NO. 12,684

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF APPROXIMATELY 0.178 ACRES OF LAND SITUATED IN THE WILLIAM C. AND CHARLES BOSWELL SURVEY, ABSTRACT 1562, HARRIS COUNTY, TEXAS, APPROXIMATELY 2000 FEET SOUTH OF INTERSTATE 10, NORTHEAST OF THE INTERSECTION OF HUNT ROAD AND NORTH MAIN STREET, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. b. Consider an ordinance authorizing a Development Agreement with Chambers County Improvement District No. 2. City Council Regular Meeting Minutes October 23, 2014 Page 4 of 13 c. Consider an ordinance authorizing an agreement for emergency protection services with Chambers County Improvement District No. 2.

City Manager Leiper stated that agenda items 3.b. and 3.c. would be considered together. He stated that the agenda items were development agreements for Chambers County Improvement District #2, which are identical to the improvement district agreement for CCID #3. He stated that agenda item 3.b. is the development agreement that authorizes utility services and agenda item 3.c. is the fire protection agreement that provides fire protection service based on the ad valorem value.

A motion was made by Council Member Brandon Capetillo and seconded by Mayor Pro Tem Mercedes Renteria III approving Ordinance No. 12,685 and Ordinance No. 12,686. The vote was as follows:

Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member David McCartney, Mayor Pro Tem Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley

Nays: None

Other: Council Member Robert C. Hoskins (Not Present for Vote)

Approved

ORDINANCE NO. 12,685

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A DEVELOPMENT AGREEMENT WITH CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 2; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

ORDINANCE NO. 12,686

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN AGREEMENT FOR EMERGENCY PROTECTION SERVICES WITH CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 2 TO PROVIDE FIRE PROTECTION SERVICES WITHIN THE DISTRICT’S BOUNDARIES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing an Advance Funding Agreement with the State of Texas through the Texas Department of Transportation for the installation of Adaptive Signal Control System. City Council Regular Meeting Minutes October 23, 2014 Page 5 of 13

City Manager Leiper presented the agenda item and stated that this agreement will change the synchronization system on Garth Road and add a new synchronization system on Highway 146 to an adaptive signal system which is also a computer linked system that will provide cameras that will constantly analyze traffic flow. He stated that the TxDot grant funds 80% of the equipment purchases and that the City will pay $200,000 for the equipment. Additionally, he stated that City staff will have the equipment installed within the next two years.

A motion was made by Mayor Pro Tem Mercedes Renteria III and seconded by Council Member Brandon Capetillo approving Ordinance No. 12,687. The vote was as follows:

Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member David McCartney, Mayor Pro Tem Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley

Nays: None

Other: Council Member Robert C. Hoskins (Not Present for Vote)

Approved

ORDINANCE NO. 12,687

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 AN ADVANCE FUNDING AGREEMENT WITH THE STATE OF TEXAS THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE INSTALLATION OF ADAPTIVE SIGN CONTROL SYSTEM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($200,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance granting a variance to the distance requirements contained in the Live Outdoor Exhibition Ordinance for Baytown Trade Days, which is to be held on November 08, 2014, from 11:00 A.M. to 7:00 P.M. on Texas Avenue; and exempting such event from the application of the City’s Peddlers and Solicitors Ordinance.

City Manager Leiper presented the agenda item and stated that this event will be held on November 08, 2014, from 11:00 A.M. to 7:00 P.M. on Texas Avenue.

A motion was made by Council Member Chris Presley and seconded by Mayor Pro Tem Mercedes Renteria III approving Ordinance No. 12,688. The vote was as follows: City Council Regular Meeting Minutes October 23, 2014 Page 6 of 13

Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member David McCartney, Mayor Pro Tem Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley

Nays: None

Other: Council Member Robert C. Hoskins (Not Present for Vote)

Approved

ORDINANCE NO. 12,688

4. REPORTS a. Receive the City of Baytown's Quarterly Financial and Investment Reports for the Quarter ending September 30, 2014.

Finance Director, Louise Richman presented the City of Baytown's Quarterly Financial and Investment Reports for the Quarter ending September 30, 2014, and stated that the revenues were up. She stated that the revenues associated with economic growth were the IDA's, franchise fees, permit sales tax, and new water services. She further stated that the expenditures were under budget. Additionally, Ms. Richman stated that the City had approximately $128 million in its portfolio and the yield was .1519%. b. City staff will report to Council regarding the City's preparedness and response to the ebola virus situation.

Assistant Fire Chief for EMS Dana Dalbey presented the report on the steps that have been taken to protect our first responders and the public in the wake the ebola virus' presence in the U.S. He stated that the stations are equipped with protective equipment for infectious diseases. He stated that they have had several conference calls and received updated recommendations from the CDC regarding personal protective equipment (PPE). He stated that the hospital transportation determination is constantly changing, but they are keeping in contact with the regional and state City Council Regular Meeting Minutes October 23, 2014 Page 7 of 13 officials for updates. Chief Dalbey stated that the CDC issued interim guidance for EMS; therefore they've developed protocol and are working with the communications center in which they are now prescreening calls. He stated that hazmat team has been trained on proper donning and doffing of the PPE. He further stated that although they have PPE in stock, additional supplies have been ordered but are on back order. Chief Dalbey stated that they are still working on the process for decontamination and are waiting on a recommendation from the CDC in that regard.

During further discussion, Chief Dalbey stated that ebola virus is not airborne and can only be contracted by getting the infected persons body fluids inside your body (mucous, cuts, etc.). He further stated that the CDC will probably be designating certain hospitals throughout the country as ebola centers.

5. CONSENT

A motion was made by Council Member Chris Presley and seconded by Mayor Pro Tem Mercedes Renteria III approving consent agenda items 5.a. through 5.o. The vote was as follows:

Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tem Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley

Nays: None

Approved a. Consider an ordinance authorizing the renewal of the Annual Cationic Polymer Supply Contract to BASF Corporation.

ORDINANCE NO. 12,689

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF BASF CORPORATION FOR THE ANNUAL CATIONIC POLYMER SUPPLY CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SIXTY-FIVE THOUSAND TWO HUNDRED NINETY-NINE AND 96/100 DOLLARS ($65,299.96); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance awarding the Annual Thermo Pavement Markings Contract to Batterson LLP. City Council Regular Meeting Minutes October 23, 2014 Page 8 of 13

ORDINANCE NO. 12,690

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF BATTERSON LLP, FOR THE ANNUAL THERMO PAVEMENT MARKINGS CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THREE HUNDRED THOUSAND AND NO/100 DOLLARS ($300,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance authorizing the purchase of three (3) Chevrolet trucks for the Engineering Department from Caldwell Country Chevrolet through Houston- Galveston Area Council (H-GAC).

ORDINANCE NO. 12,691

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SEVENTY-ONE THOUSAND THREE HUNDRED FIFTY-EIGHT AND NO/100 DOLLARS ($71,358.00) TO CALDWELL COUNTRY CHEVROLET, LLC, THROUGH THE HOUSTON- GALVESTON AREA COUNCIL FOR THE PURCHASE OF THREE (3) 2015 ½ TON SILVERADO EXTENDED CAB TRUCKS FOR THE ENGINEERING DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing the renewal of the Annual Concrete Aggregate Contract to Smart Materials, Inc.

ORDINANCE NO. 12,692

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL CONCRETE AGGREGATE CONTRACT WITH SMART MATERIALS, INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing Amendment No. 1 to the Gateway Monument Agreement with the State of Texas through the Texas Department of Transportation.

ORDINANCE NO. 12,693

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE City Council Regular Meeting Minutes October 23, 2014 Page 9 of 13

CITY CLERK TO ATTEST TO AMENDMENT NO. 1 TO THE GATEWAY MONUMENT AGREEMENT WITH THE STATE OF TEXAS THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing Amendment No. 1 to the Interlocal Agreement with Harris County for the Tri-City Beach Road Bridge Repair Project.

ORDINANCE NO. 12,694

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR THE TRI-CITY BEACH ROAD BRIDGE REPAIR PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN ADDITIONAL SEVENTY-ONE THOUSAND EIGHT HUNDRED NINETY-FIVE AND 76/100 DOLLARS ($71,895.76); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing an Industrial District Agreement with FCC Environmental, LLC.

ORDINANCE NO. 12,695

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 FCC ENVIRONMENTAL, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider a resolution authorizing a request to the sheriff or constable to sell the property located at 1818 Maryland, Baytown, Harris County, Texas, at a public sale.

RESOLUTION NO. 2331

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REQUESTING THE SHERIFF OR CONSTABLE TO SELL THE PROPERTY, LOCATED AT 1818 MARYLAND, BAYTOWN, HARRIS COUNTY, TEXAS,, AT A PUBLIC SALE PURSUANT TO SECTION 34.05(C) OF THE TEXAS TAX CODE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance authorizing the City Manager to negotiate contracts with Texas Sounds Entertainment for musical and emcee performances for the City of Baytown's 2015, July 3rd and 4th Celebrations and Grito Fest. City Council Regular Meeting Minutes October 23, 2014 Page 10 of 13

ORDINANCE NO. 12,696

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE AND EXECUTE CONTRACTS WITH TEXAS SOUNDS ENTERTAINMENT FOR MUSICAL AND EMCEE PERFORMANCES FOR THE CITY OF BAYTOWN'S JULY 3RD AND 4TH CELEBRATION AND GRITO FEST; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY-FIVE THOUSAND AND NO/100 DOLLARS ($155,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance establishing speed limits and hours of enforcement in school zones for Alamo Elementary Public School, located along N. Main Street, north of Archer Rd; and Clark Elementary Public School, along SH146 at Devinwood Street, within the City of Baytown.

ORDINANCE NO. 12,697

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING MAXIMUM PRIMA FACIE SPEED LIMITS FOR MOTOR VEHICLES IN DESIGNATED SCHOOL ZONES AND PROVIDING FOR HOURS OF ENFORCEMENT ON SCHOOL DAYS OR WHEN CHILDREN ARE PRESENT; AUTHORIZING AND DIRECTING THE PLACEMENT OF SIGNS BY THE DIRECTOR OF PUBLIC WORKS; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO/100 DOLLARS ($200.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. k. Consider an ordinance authorizing the closeout and acceptance of the 2014 Annual Waterline Rehabilitation Project.

ORDINANCE NO. 12,698

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE 2014 ANNUAL WATERLINE REHABILITATION PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. l. Consider an ordinance approving the Professional Service Agreement between the Baytown Area Water Authority and Arcadis U.S., Inc., for design and implementation of the Baytown Area Water Authority SCADA Upgrades Project. City Council Regular Meeting Minutes October 23, 2014 Page 11 of 13

ORDINANCE NO. 12,699

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND ARCADIS U.S., INC., FOR THE BAYTOWN AREA WATER AUTHORITY SCADA UPGRADES PROJECT IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED THIRTY-TWO THOUSAND THREE HUNDRED THIRTY-FIVE AND 50/100 DOLLARS ($732,335.50); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. m. Consider an ordinance authorizing the First Amendment to the Interlocal Agreement with the Baytown Municipal Development District for funding of the traffic signal and inspection fees associated with the Traffic Signal and Mitigation Agreement with TRAAZ Properties, LLC, and BCHPW Development LP.

ORDINANCE NO. 12,700

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR THE FUNDING OF THE TRAFFIC SIGNAL AND INSPECTION FEES ASSOCIATED WITH THE TRAFFIC SIGNAL AND MITIGATION AGREEMENT WITH TRAAZ PROPERTIES, LLC, AND BCHPW DEVELOPMENT LP; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. n. Consider an ordinance authorizing a construction contract with Southwest Signal Supply, Inc., for the Emmett Hutto Signal Improvements Project.

ORDINANCE NO. 12,701

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF SOUTHWEST SIGNAL SUPPLY, INC., FOR THE EMMETT HUTTO SIGNAL IMPROVEMENTS PROJECT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH SOUTHWEST SIGNAL SUPPLY, INC., FOR SAID PROJECT; AUTHORIZING TOTAL PAYMENT NOT TO EXCEED THE SUM OF SIXTY-SEVEN THOUSAND NINE HUNDRED EIGHTY-FIVE AND NO/100 DOLLARS ($67,985.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes October 23, 2014 Page 12 of 13 o. Consider an ordinance awarding a construction contract for the West Road and Bud Lane Water and Sanitary Sewer Project to Angel Brothers Enterprises LTD.

ORDINANCE NO. 12,702

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF ANGEL BROTHERS ENTERPRISES, LTD, FOR THE WEST ROAD AND BUD LANE WATER AND SANITARY SEWER PROJECT; AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT FOR SAID PROJECT; AUTHORIZING TOTAL PAYMENT NOT TO EXCEED THE SUM OF SIX HUNDRED FORTY-TWO THOUSAND FORTY-FIVE AND NO/100 DOLLARS ($642,045.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

6. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase of real property for a municipal project.

At 7:06 P.M., Mayor DonCarlos opened and recessed into and conducted an executive session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase of real property for a municipal project.

At 7:21 P.M., Mayor DonCarlos reconvened the Open Meeting of the City Council Regular Meeting and announced that in accordance with Section 551.102 of the Texas Open Meetings Act, no action was taken in the Executive Session.

7. MANAGER'S REPORT a. The Annual Veterans Day Service will be held at the Veterans Memorial Plaza located at Bicentennial Park, 1001 Market Street, on Tuesday, November 11, 2014, at 11:00 A.M.

City Manager Leiper presented the agenda items and stated that the Annual Veterans Day Service will be held at the Veterans Memorial Plaza located at Bicentennial Park, 1001 Market Street, on Tuesday, November 11, 2014, at 11:00 A.M. Additionally, he stated that in the event of bad weather, the Service will be moved to the Community Center, 2407 Market Street, same time and date. b. The City of Baytown's five spray parks will close for the winter on Sunday, November 02, 2014, at 8:00 P.M.

City Manager Leiper stated that the City's five spray parks will close for the winter on Sunday, November 02, 2014. City Council Regular Meeting Minutes October 23, 2014 Page 13 of 13 c. The Annual Nurture Nature Festival will be held at the Baytown Nature Center on Saturday, November 01, 2014, from 10:00 A.M. to 4:00 P.M.

City Manager Leiper stated that the annual Nurture Nature Festival returns to the Baytown Nature Center, 6213 Bayway Drive on Saturday, November 01, 2014.

He stated that the Heritage Scaritage Festival will be held on October 25, 2014, from 10:00 A.M. to 4:00 P.M., at the Republic of Texas Plaza Park sponsored by the Baytown Historical Preservation Association. d. Reminder of the remaining City Council Meetings for 2014.

City Manager Leiper stated that the remaining City Council meetings for 2014 are on Monday, November 17th, at 6:30 P.M.; and Thursday, December 11th, at 6:00 P.M. for the re-elected official reception and 6:30 P.M. for the last Council meeting.

8. ADJOURN

A motion was made by Council Member Terry Sain and seconded by Council Member Brandon Capetillo adjourning the October 23, 2014, City Council Regular Meeting minutes. The vote was as follows:

Nays: None

Approved

With there being no further business to discuss, Mayor DonCarlos adjourned the October 23, 2014, City Council Regular Meeting at 7:25 P.M.

______Leticia Brysch, City Clerk City of Baytown BAYTOWN SPECIAL CITY COUNCIL 2. a. MEETING Meeting Date: 11/17/2014 Subject: Recognize the City of Baytown Public Safety Award of Excellence winners. Prepared for: Bob Leiper, City Management Prepared by: Leticia Brysch, City Clerk's Office Department: City Management

Information ITEM Recognize the City of Baytown Public Safety Award of Excellence winners.

PREFACE This item will recognize the City of Baytown Public Safety Award of Excellence winners, which were presented at the Baytown Chamber of Commerce 22nd Annual Public Safety Recognition Luncheon on Tuesday, November 4, 2014. The 2014 recipients are the following: Jeremy Cox, Police Officer of the Year, Chris Crain, Firefighter of the Year, and We congratulate and applaud all of the nominees and winners for their outstanding service and accomplishments.

RECOMMENDATION

Attachments Jeremy Cox - PD Chris Crain - Fire Jeremy Cox 2014 Public Safety Officer Baytown PD

Jeremy Cox was born and raised in Baytown, Texas. In 2005 he graduated Robert E. Lee High School and recognized for being in the top ten percent of his class. Throughout high school, Jeremy played for the “Gander” football team and was president of the student body his senior year.

Jeremy went on to attend and play football for Texas Lutheran University. He later transferred his studies to San Jacinto College and the University of Houston.

Once completing college, he was hired as a Police Cadet in 2009. He graduated the University of Houston Police Academy in April of 2010 and was recognized for his fitness and academic abilities.

Once assigned to the Patrol Division, he excelled in the Field Training Program and upon completion was assigned to day shift patrol duties. With limited experience Jeremy demonstrated his ability to work with little or no supervision as he meshed into the “Team environment”. His superiors quickly discovered that when called upon, he possessed skills to react accordingly in hostile situations.

In early 2013, Jeremy and another Officer received a call for service concerning a person with a gun. The suspect had been creating a disturbance at a nearby residence and had threatened the life of several Baytown residents. Within minutes of arriving both Officers encountered the suspect in the middle of the street holding a pistol. The other Officer took up a position of lethal cover on the suspect, which allowed Jeremy to maintained non-lethal position on the individual. While trying to verbally disarm the suspect, Jeremy took advantage during a distraction and was able to subdue the suspect using a taser. Both Officers’ actions and team- work resolved the incident, preventing fatal force or injury.

Yet another example of such took place on a cold blustery day in 2014 when Officers were dispatched to a local motel for a burglary. Officers were informed of the intruder to still be on the scene and armed with a shotgun. Upon arrival Jeremy encountered the armed suspect. Based on his training and immediate actions he took control incident keeping innocent citizens and other Officers out of harm’s way.

In 2013 many applied, but Jeremy was selected to become a part of the Baytown Police Underwater Dive Team. In August of 2014 Jeremy utilized his diving expertise as the team responded to a capsized shrimp boat near the murky waters of Cedar Bayou. Jeremy was an integral part of the team that managed to rescue a trapped teenager from the cabin of the boat.

During his career Jeremy has been a vital member of the Baytown Police Hostage Negotiation and Critical Incident Team. He has engaged in numerous situations demonstrating his ability to verbally relate to victims, suspects and mentally impaired individuals that resulted in potential violent situations being resolved in a peaceful conclusion.

Based on his willingness and determination to go above and beyond, Jeremy was assigned to the Department’s “Hot Spot Team”, a unique patrol assignment tasked with various problem solving duties.

In addition, he was selected by his supervisors to be a Field Training Instructor, having the all-important challenge of teaching new Officers proper procedure and safety.

Thus far, Jeremy has received 9 commendations for his accomplishments, service to other agencies and citizens. He currently holds an Intermediate Peace Officer’s Certificate and has more than 3,100 hours of training.

Although Jeremy has only been a Police Officer for a short time, his professionalism and dedication to the department has made him a “Stand-out” Officer. Based upon his willingness to take on additional assignments and learn various aspects of law enforcement will certainly aid him in the future as his current goal is to one day supervise a team of Officers at Baytown Police Department.

Baytown Fire Department Firefighter EMT of the Year Chris Crain

Chris Crain began his career as a fire fighter when he was hired by the fire department on January 5, 2004. He attended the Lamar Fire Academy and graduated in the summer of 2004. He was assigned to Station 2 and then later to his current assignment at Station 1 “A” Shift. Firefighter Christopher Crain is dedicated to the fire service and his crew.

Chris has worked hard on his own time taking college classes to complete his Associate in Fire Science and is continuing his education by working hard to complete his Bachelors Degree. Chris holds an Advanced Fire Fighting, Arson Investigator, and Confined Space Rescue Certifications from the Texas Fire Commission. Chris is also a certified Texas Peace Officer and teaches part time at the San Jacinto College Fire Academy. Chris is certified as a Scott Air-Pak Technician for the past two years. Chris accomplishes these goals in conjunction with any additional continuing education hours to maintain his regular certifications for fire fighter and EMT.

Fire Fighter Christopher Crain is an outstanding employee that brings to his job a high degree of energy, commitment, flexibility, and professional conduct as well as hard work and dedication that goes above and beyond. He is a critical component to the success of the Station 1 “A” Shift High Angle and Confined Space Rescue team. Chris is the kind of employee that leaves a lasting positive impression on any member of the public he meets. Chris willingly shares his talents and expertise with others. His commitment to his own development creates an environment that draws the very best from other fire fighters.

Chris has a heart of gold and is willing to do anything to help others. His generosity can be seen in how he conducts himself at emergency scenes and the community. One day, Chris and his crew were at the scene of a major accident where the car was upside down in a ditch. The female driver had severe trauma to her lower extremities which were tangled up in the wreckage. Chris was driving the fire engine that day and removed the needed tools and equipment from the apparatus. He climbed inside of the overturned vehicle and introduced himself trying to console the patient. He began asking her personal questions like (Name, where did she grow up, etc.) in order to keep her mind off the situation while he evaluated how to extricate her. He was able to learn a lot about her in a short time frame. She told him she lived alone and had two dogs. She also informed him that she did not want to fly on the helicopter. Chris promised her that he would get her out, and if she took a ride on the helicopter he would feed her dogs until she got home. She agreed and gave him the code to get into her garage. He stayed with her until the life flight crew took her away.

Baytown Fire Department Firefighter EMT of the Year Chris Crain

He obtained her address from an officer on scene and went over to her house the following morning. Once inside her garage he realized the key he obtained from the secret spot where she hid it, did not allow him access inside her home. So Chris wrote a letter to any friends or family stating who he was and what he was attempting to do. Chris posted the letter on the front door. It was at that time Chris was met by her neighbors. They gave Chris the phone number he could call to contact a friend of the family. Chris immediately called and set up arrangements to have the dogs taken care of. Two days later Chris started to receive calls from friends and family members thanking him for keeping his promise and for the letter he wrote. The family kept him informed daily on her condition and regrettably he got a call informing him of her death.

On another occasion, Chris and his crew were dispatched to a medical incident with a patient having chest pains at the Burger King. It was a couple that had recently become homeless. The man was having chest pains and needed to go to the Emergency Room. The patient had recently recovered from a heart attack. As the crew was loading the man into the ambulance the woman became concerned for their belongings. There were two wagons connected tandem and she said everything they owned was in them. Chris went to his Lieutenant and asked if they could take the belongings for them. The Lieutenant stated that would be nice but there is no room in the fire engine and Chris said that he would walk them over to the Emergency Room. The Lieutenant agreed and when the Lieutenant told the woman that Chris would take them for her she began to cry and thank him. The Lieutenant told her to thank Chris because it was his idea. Chris arrived at the ER and found a safe place to leave the wagons and went in and informed the charge Nurse of their location and who they belonged to so they would be taken care of. Chris then found the woman and told her where her belongings were and that they would be safe. The woman was very appreciative and thanked him.

Chris has given motivational speeches to Crosby and Huffman High schools. This began when his pastor from Crosby church approached Chris and asked him to be the keynote speaker for a career day at the high schools. After speaking at the two high schools Chris was asked to return and speak to the faculty of Huffman. Chris has been invited to speak at multiple events and is scheduled for a boys’ camp next year.

Baytown Fire Department Firefighter EMT of the Year Chris Crain

Chris is married to Leslie and they have two young children. He is an active member in his church where he plays the drums and helps in the youth department. Chris is also an avid martial arts student.

BAYTOWN SPECIAL CITY COUNCIL 2. b. MEETING Meeting Date: 11/17/2014 Subject: Years of Service Awards Prepared for: Carol Flynt, Human Resources Prepared by: Samantha Villalon, Human Resources Department: Human Resources

Information ITEM Recognize City of Baytown employees for their Years of Service (5, 10, 15 plus years).

PREFACE 5 YEARS: Joshua Quijas, Firefighter Birgetta Davis, Police Detention Officer Logan Peake, Firefighter Linda Newsted, Engineering Coordinator Jose Ramirez, Firefighter Mike Villalon, Public Works Senior Traffic Control Worker

10 YEARS: Ruben delaCruz - Public Works, Solid Waste Heavy Equipment Operator II Nancy Neal - Fire, Administrative Assistant William McFarlane - Information Technology Services, Network System Administrator II Johnathan Grant - Police, Patrol Officer Shawn Cochran - Health, Community Service Coordinator

15 YEARS: Bernadette Avinger - Police, Records Technician

20 YEARS: Gina Rivon - Finance, Utility Billing Manager

25 YEARS: Minh Kotlarz - Parks & Recreation, Foreman Richard Lopez - Fire, Battalion Chief Rhonda Ball - Finance, Buyer

RECOMMENDATION RECOMMENDATION

BAYTOWN SPECIAL CITY COUNCIL 2. c. MEETING Meeting Date: 11/17/2014 Subject: Presentation regarding Thane Harrison's Retirement and new Waste Management Representative Prepared for: Bob Leiper, City Management Prepared by: Leticia Brysch, City Clerk's Office Department: City Management

Information ITEM Presentation regarding Mr. Thane Harrison's retirement and the new representative for Waste Management.

PREFACE Presentation regarding Mr. Thane Harrison's retirement and the new representative for Waste Management.

RECOMMENDATION BAYTOWN SPECIAL CITY COUNCIL 2. d. MEETING Meeting Date: 11/17/2014 Subject: Present Mayor DonCarlos' Welcome to Baytown video Prepared for: Bob Leiper, City Management Prepared by: Leticia Brysch, City Clerk's Office Department: City Management

Information ITEM Presentation of the new Welcome to Baytown video featuring Mayor DonCarlos.

PREFACE Staff will present the City's new public service announcement video, which features a special welcome to Mayor DonCarlos.

RECOMMENDATION BAYTOWN SPECIAL CITY COUNCIL 3. a. MEETING Meeting Date: 11/17/2014 Subject: Status Report from the Charter Review Committee Prepared for: Ignacio Ramirez, Legal Prepared by: Karen Horner, Legal Department: Legal

Information ITEM Receive and discuss the status report of the Charter Review Committee.

PREFACE In January of this year, the following members were appointed to the Charter Review Committee in accordance with Section 138 of the Charter of the City of Baytown:

MEMBERS Position/Appointing Member Dr. Don Murray Chairperson, Mayor Mr. Gilbert Hinojosa Committee Member, District No. 1 Ms. Vivian Hemphill Vice Chair, District No. 2 Mr. Randy Dickey Committee Member, District No. 3 Mr. Cliff Clements Committee Member, District No. 4 Mr. Pi-Yi Mayo Committee Member, District No. 5 Ms. Donna Winfrey-Varner Committee Member, District No. 6

The Charter charges the Committee with the following: Inquiring into the operations of the city government under the charter provisions and determine whether any such provisions should be revised; Proposing any recommendations it may deem desirable to ensure compliance with the provisions of the charter; Proposing, if it deems desirable, amendments to the charter to improve its effective application to current conditions; and Reporting its findings and present its proposed amendments, if any, to the city council. Since their appointment, the members of the Committee have met eight times, have reviewed and prioritized of each Charter provision, and have revisited some of the key issues, including: City Council composition; Compensation for City Council Members; and Term limits for City Council Members. This item will afford City Council with an opportunity not only to receive an oral report from the Committee on the status of its work to date and its plan for submitting its final report to the City Council for consideration for a possible November 2015 Charter Amendment Election but also to provide guidance on any issue(s) it chooses.

RECOMMENDATION

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. BAYTOWN SPECIAL CITY COUNCIL 4. a. MEETING Meeting Date: 11/17/2014 Subject: Public Hearing: Zoning Text Amendment concerning voting requirements for zoning map and text amendments. Prepared for: Tiffany Foster, Planning and Development Services Prepared by: Shelly Shelton, Planning and Development Services Department: Planning and Development Services

Information ITEM Conduct a public hearing concerning the proposed amendments to the text of the Unified Land Development Code (ULDC) providing for an affirmative vote of at least two-thirds of all members of the City Council for a change to the zoning text or to the official zoning map, except in cases where a change is protested in accordance with state law, or is recommended for denial by the Planning and Zoning Commission but overruled by City Council, which will require the affirmative vote of at least three-fourths of all members of the City Council.

PREFACE This item is a public hearing concerning proposed amendments to the text of the Unified Land Development Code to change the number of votes required for approval of a zoning map amendment or a zoning text change. As proposed, instead of requiring the affirmative vote of at least six City Council members for any such change, a change may be passed with the affirmative vote of at least 5 members, except if: 1. the item is protested in accordance with state law; or 2. the proposed change overrules a recommendation by the Planning and Zoning Commission to deny the proposed change. State law requires a three-fourths vote of all members of the City Council for protests and allows the City to enact a three-fourths vote requirement to overrule a recommendation of denial by the Planning and Zoning Commission.

The intent of this item is to allow for a simplified approval of zoning map and text amendments by City Council for items that have had limited, if any, objections. At the same time, the City Council will abide by the stricter voting rules for the approval of a zoning item that has been contested according to state rules, or for an item that the Planning and Zoning Commission has recommended for denial.

The Planning and Zoning Commission held public hearings on September 16th and October 21st. On October 21, 2014, the Commission voted to recommend approval of the ULDC text amendment. The application, supporting documentation and staff report associated with this item are attached for your review.

RECOMMENDATION

Attachments Application Staff Report Ordinance - Voting for ULDC Text and Map

Staff Report to the Planning and Zoning Commission for a zoning text amendment, amending voting requirements for zoning map and text changes.

Requested Action: Zoning Text Amendment request to amend the voting requirements for zoning text and map amendments.

Applicant: City Staff

Subject Property: All property will be impacted with this proposed change.

Staff Analysis: An application for an amendment to the official zoning text for map and text amendments in order to amend City Council voting requirements.

Background This is an application for amendments to the ULDC to modify language to reduce the number of votes required for the approval by City Council for a Zoning Text or Zoning Map Amendment. Previously, the approval method used for zoning map or text amendments was to have three – fourths of City Council to obtain approval. The change will allow for two-thirds of City Council votes to approve any zoning map or text changes. However, if a protest is in accordance with state law or recommendation for denial by the Planning and Zoning Commission, a super majority of three-fourths of City Council members will be needed to approve the request.

Considerations for All Zoning Amendments In determining whether to adopt, adopt with modifications or disapprove the proposed zoning amendment the following factors must be addressed:

1. Consistency with guiding documents. This proposed text amendment will have no impact to the current City guiding documents.

2. Compatible with the Surrounding Area. This proposed change will have no impact on the surrounding area, in that it continues the City’s practice of consideration of zoning amendments as allowed under state law.

3. Promotion of health, safety, or general welfare. The proposed amendment does not impact the health, safety or general welfare of the City.

4. Facilitation of infrastructure. This proposed change will have no impact to existing infrastructure.

5. There are changed conditions. To better facilitate the process and to allow situations where we have an approval from the recommending body and no neighbor or owner protest, that approval may happen with a two- thirds vote of council members. 6. Effect on Natural Environment. The proposed text amendment has no effect on the natural environment.

7. Community need. The staff sees the proposed zoning text amendment as a community need since it will simplify the approval process for desired zoning amendments, while also maintaining the super majority approval process for more contentious items. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING APPENDIX A “UNIFIED LAND DEVELOPMENT CODE,” ARTICLE I “GENERAL,” DIVISION 3 “ADMINISTRATION AND PROCEDURES,” SECTION 1.25 “VOTE REQUIRED FOR ACTION” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ALTER THE NUMBER OF VOTES NEEDED FOR A ZONING TEXT AMENDMENT AND A ZONING MAP AMENDMENT; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.

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Section 1: That Appendix A “Unified Land Development Code,” Article I “General,” Division 3 “Administration and Procedures,” Section 1.25 “Vote required for action” of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:

APPENDIX A. UNIFIED LAND DEVELOPMENT CODE

ARTICLE I. GENERAL

DIVISION 3. ADMINISTRATION AND PROCEDURES

Sec. 1.25. Vote required for action.

(a) Zoning text and map amendments. After the close of the public hearing on the zoning text or zoning map amendment held pursuant to section 1.24 of this ULDC, the city council shall vote to approve, approve with modifications or disapprove the proposed amendment based upon the criteria in this ULDC. Except for actions to grant a special use permit, action to amend the zoning text of this ULDC or the official zoning map shall require an affirmative vote of at least the following:

1. Three-fourths of all members of the city council if the proposed change to the zoning text or official zoning map is protested in accordance with V.T.C.A., Local Government Code, ch. 211;

2. Three-fourths of all members of the city council if the city council desires to overrule a recommendation of the planning and zoning commission to deny the proposed change to the zoning text or official zoning map; or

3. Two-thirds of all members of the city council in all other cases.

(b) Special use permits. After the close of the public hearing on a special use permit held pursuant to section 1.24 of this ULDC, the city council shall approve, approve with conditions or disapprove the proposed special use permit based upon the criteria in this ULDC. Action to grant a special use permit shall require an affirmative vote of at least six members (three-fourths) of the city council.

Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance.

Section 3: If any provisions, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable.

Section 4: This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10) days after passage of this ordinance.

INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 17th day of November, 2014.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

R:\Karen\Files\City Council\Ordinances\2014\November 17\ULDC Voting Requirements - Text & Map.docx

BAYTOWN SPECIAL CITY COUNCIL 4. b. MEETING Meeting Date: 11/17/2014 Subject: Consider: ULDC zoning text change concerning voting requirements for zoning map and text amendments. Prepared for: Tiffany Foster, Planning and Development Services Prepared by: Shelly Shelton, Planning and Development Services Department: Planning and Development Services

Information ITEM Consider an ordinance to amend the text of the Unified Land Development Code (ULDC) providing for an affirmative vote of at least two-thirds of all members of the City Council for a change to the zoning text or to the official zoning map, except in cases where a change is protested in accordance with state law, or is recommended for denial by the Planning and Zoning Commission but overruled by City Council, which will require the affirmative vote of at least three-fourths of all members of the City Council.

PREFACE This request concerns proposed amendments to the text of the Unified Land Development Code to change the number of votes required for approval of a zoning map amendment or a zoning text change. As proposed, instead of requiring the affirmative vote of at least six City Council members for any such change, a change may be passed with the affirmative vote of at least 5 members, except if: 1. the item is protested in accordance with state law; or 2. the proposed change overrules a recommendation by the Planning and Zoning Commission to deny the proposed change. State law requires a three-fourths vote of all members of the City Council for protests and allows the City to enact a three-fourths vote requirement to overrule a recommendation of denial by the Planning and Zoning Commission.

The application and supporting documentation associated with this item are attached under the previous public hearing. On October 21, 2014, the Commission voted to recommend approval of the ULDC text amendment. The Commission's report to City Council is attached for your consideration.

RECOMMENDATION Staff recommends approval.

Attachments P and Z Report to Council Ordinance - Voting for ULDC Text and Map

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING APPENDIX A “UNIFIED LAND DEVELOPMENT CODE,” ARTICLE I “GENERAL,” DIVISION 3 “ADMINISTRATION AND PROCEDURES,” SECTION 1.25 “VOTE REQUIRED FOR ACTION” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ALTER THE NUMBER OF VOTES NEEDED FOR A ZONING TEXT AMENDMENT AND A ZONING MAP AMENDMENT; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.

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APPENDIX A. UNIFIED LAND DEVELOPMENT CODE

ARTICLE I. GENERAL

DIVISION 3. ADMINISTRATION AND PROCEDURES

Sec. 1.25. Vote required for action.

1. Three-fourths of all members of the city council if the proposed change to the zoning text or official zoning map is protested in accordance with V.T.C.A., Local Government Code, ch. 211;

3. Two-thirds of all members of the city council in all other cases.

INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 17th day of November, 2014.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

R:\Karen\Files\City Council\Ordinances\2014\November 17\ULDC Voting Requirements - Text & Map.docx

BAYTOWN SPECIAL CITY COUNCIL 4. c. MEETING Meeting Date: 11/17/2014 Subject: Public Hearing: Zoning Text Amendment to change voting requirements for special use permits. Prepared for: Tiffany Foster, Planning and Development Services Prepared by: Shelly Shelton, Planning and Development Services Department: Planning and Development Services

Information ITEM Conduct a public hearing concerning the proposed amendments to the text of the Unified Land Development Code (ULDC) to clarify the approval process for a special use permit by providing for an affirmative vote of a majority of all members of the City Council for the approval of a special use permit, except in cases where a change is protested in accordance with state law or where a special use permit is recommended for denial by the Planning and Zoning Commission but overruled by City Council, which will require the affirmative vote of at least three-fourths of all members of the City Council.

PREFACE This item is a public hearing concerning proposed amendments to the text of the Unified Land Development Code to clarify the approval process for a special use permit by providing for an affirmative vote of a majority of all members of the City Council for approval of a special use permit. As proposed, instead of requiring the affirmative vote of at least six City Council members for approval of a special use permit, such permit may be approved with the affirmative vote of at least 4 members, except if: 1. the item is protested in accordance with state law; or 2. the proposed change overrules a recommendation by the Planning and Zoning Commission to deny the proposed change. State law requires a three-fourths vote of all members of the City Council for protests and allows the City to enact a three-fourths vote requirement to overrule a recommendation of denial by the Planning and Zoning Commission.

The intent of this item is to allow for simplified approval of special use permits by City Council for items that have had limited, if any, objections. At the same time, the City Council will abide by the stricter voting rules for the approval of a special use permit that has been contested according to state law, or that has been recommended for denial by the Planning and Zoning Commission.

The Planning and Zoning Commission held public hearings on September 16th and October 21st. After discussion, the Planning and Zoning Commission determined that the requirement for affirmative voting should be the same for special use permits as they have recommended for zoning map and text amendments.

On October 21, 2014, the Commission voted to recommend amending the ULDC text to require an affirmative vote of two-thirds of all City Council members for special use permits, except in cases where the permit is protested in accordance with state law or where a special use permit is recommended for denial by the Planning and Zoning Commission but overruled by City Council, which will require the affirmative vote of at least three-fourths of all members of the City Council.

The application, supporting documentation and staff report associated with this item are attached for your review.

RECOMMENDATION

Attachments Application and Supporting Docs Staff Report Ordinance - Vote for ULDC SUP per Application Ordinance - Vote for ULDC SUP as Recommended by P&Z

Staff Report to the Planning and Zoning Commission for Zoning Text Amendment for a Special Use Permit.

Requested Action: Zoning Text Amendment request to clarify and amend the voting requirements for special use permits.

Applicant: City Manager

Subject Property: All property will be impacted with this proposed change.

Staff Analysis: An application for an amendment to the official zoning to amend City Council voting requirements for special use permits.

Background This is an application for amendments to the ULDC to add additional verbiage to clarify the number of votes required for the approval by City Council for a Special Use Permit (SUP). Previously, the approval method used for a special use permit was considered to be the same as a zoning map or text amendment. This amendment would require a simple majority of all members of the City Council for the approval of a special use permit, except in cases where a change is protested in accordance with state law or where a special use permit is recommended for denial by the Planning and Zoning Commission but overruled by City Council, which will require the affirmative vote of at least three-fourths of all members of the City Council.

Considerations for All Zoning Amendments In determining whether to adopt, adopt with modifications or disapprove the proposed zoning amendment the following factors must be addressed:

1. Consistency with guiding documents. This proposed text amendment is consistent with the current City guiding documents.

2. Compatible with the Surrounding Area. This change will have no impact on the surrounding area.

3. Promotion of health, safety, or general welfare. This does not impact the health safety, or general welfare of the City.

4. Facilitation of infrastructure. This proposed change will have no impact to existing infrastructure.

5. There are changed conditions. To better facilitate the approval process and to allow situations where we have an approval from the recommending body and no neighbor or owner protest, that approval may happen with just a majority of affirmative Council votes instead of a super majority of three quarters of Council votes.

6. Effect on Natural Environment. The proposed text amendment has no effect on the natural environment.

7. Community need. In SUP cases, the underlying use has already been approved in the zoning district. The SUP allows for and provides how the use will ensure compatibility and protect the public health, safety and welfare based on the specific site. The proposed zoning text amendment is a community need since it will help applicants moving through what can be viewed as an existing onerous process. Requiring a high threshold for approval when an applicant meets all ordinance standards and where all approving boards are in agreement seems inefficient. Please identify that if there is a protest (a written protest recognized through state law) or if the planning and zoning commission recommended against the SUP), then a three fourths vote is needed by Council to approve this SUP process. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING APPENDIX A “UNIFIED LAND DEVELOPMENT CODE,” ARTICLE I “GENERAL,” DIVISION 3 “ADMINISTRATION AND PROCEDURES,” SECTION 1.25 “VOTE REQUIRED FOR ACTION” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ALTER THE NUMBER OF VOTES NEEDED FOR A SPECIAL USE PERMIT; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.

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APPENDIX A. UNIFIED LAND DEVELOPMENT CODE

ARTICLE I. GENERAL

DIVISION 3. ADMINISTRATION AND PROCEDURES

Sec. 1.25. Vote required for action.

1. Three-fourths of all members of the city council if the proposed change to the zoning text or official zoning map is protested in accordance with V.T.C.A., Local Government Code, ch. 211;

3. Two-thirds of all members of the city council in all other cases.

2. Three-fourths of all members of the city council if the city council desires to overrule a recommendation of the planning and zoning commission to deny the proposed special use permit; or

3. A majority of all members of the city council in all other cases.

INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 17th day of November, 2014.

______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\2014\November 17\ULDC Voting Requirements - SUP 4.docx

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING APPENDIX A “UNIFIED LAND DEVELOPMENT CODE,” ARTICLE I “GENERAL,” DIVISION 3 “ADMINISTRATION AND PROCEDURES,” SECTION 1.25 “VOTE REQUIRED FOR ACTION” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ALTER THE NUMBER OF VOTES NEEDED FOR A SPECIAL USE PERMIT; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.

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APPENDIX A. UNIFIED LAND DEVELOPMENT CODE

ARTICLE I. GENERAL

DIVISION 3. ADMINISTRATION AND PROCEDURES

Sec. 1.25. Vote required for action.

1. Three-fourths of all members of the city council if the proposed change to the zoning text or official zoning map is protested in accordance with V.T.C.A., Local Government Code, ch. 211;

3. Two-thirds of all members of the city council in all other cases.

2. Three-fourths of all members of the city council if the city council desires to overrule a recommendation of the planning and zoning commission to deny the proposed special use permit; or

3. Two-thirds of all members of the city council in all other cases.

INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 17th day of November, 2014.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Ordinances\2014\November 17\ULDC Voting Requirements - SUP 5.docx

BAYTOWN SPECIAL CITY COUNCIL 4. d. MEETING Meeting Date: 11/17/2014 Subject: Consider: Zoning Text Amendment to amend voting requirements for a special use permit. Prepared for: Tiffany Foster, Planning and Development Services Prepared by: Shelly Shelton, Planning and Development Services Department: Planning and Development Services

Information ITEM Consider an ordinance to amend the text of the Unified Land Development Code to clarify the approval process for a special use permit by providing for an affirmative vote of a majority of all members of the City Council for the approval of a special use permit, except in cases where a change is protested in accordance with state law or where a special use permit is recommended for denial by the Planning and Zoning Commission but overruled by City Council, which will require the affirmative vote of at least three-fourths of all members of the City Council.

PREFACE This request is concerning proposed amendments to the text of the Unified Land Development Code to clarify the approval process for a special use permit by providing for an affirmative vote of a majority of all members of the City Council for approval of a special use permit. As proposed, instead of requiring the affirmative vote of at least six City Council members for approval of a special use permit, such permit may be approved with the affirmative vote of at least 4 members, except if: 1. the item is protested in accordance with state law or 2. the proposed change overrules a recommendation by the Planning and Zoning Commission to deny the proposed change. State law requires a three-fourths vote of all members of the City Council for protests and allows the City to enact a three-fourths vote requirement to overrule a recommendation of denial by the Planning and Zoning Commission.

The application and supporting documentation associated with this item are attached under the previous public hearing. After discussion, the Planning and Zoning Commission determined that the requirement for affirmative voting should be the same for special use permits as they have recommended for zoning map and text amendments.

RECOMMENDATION Staff recommends approval as modified by the Planning and Zoning Commission.

Attachments P and Z Report to Council Ordinance - Vote for ULDC SUP per Application Ordinance - Vote for ULC SUP as Recommended by P&Z

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING APPENDIX A “UNIFIED LAND DEVELOPMENT CODE,” ARTICLE I “GENERAL,” DIVISION 3 “ADMINISTRATION AND PROCEDURES,” SECTION 1.25 “VOTE REQUIRED FOR ACTION” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ALTER THE NUMBER OF VOTES NEEDED FOR A SPECIAL USE PERMIT; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.

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APPENDIX A. UNIFIED LAND DEVELOPMENT CODE

ARTICLE I. GENERAL

DIVISION 3. ADMINISTRATION AND PROCEDURES

Sec. 1.25. Vote required for action.

1. Three-fourths of all members of the city council if the proposed change to the zoning text or official zoning map is protested in accordance with V.T.C.A., Local Government Code, ch. 211;

3. Two-thirds of all members of the city council in all other cases.

2. Three-fourths of all members of the city council if the city council desires to overrule a recommendation of the planning and zoning commission to deny the proposed special use permit; or

3. A majority of all members of the city council in all other cases.

INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 17th day of November, 2014.

______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\2014\November 17\ULDC Voting Requirements - SUP 4.docx

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING APPENDIX A “UNIFIED LAND DEVELOPMENT CODE,” ARTICLE I “GENERAL,” DIVISION 3 “ADMINISTRATION AND PROCEDURES,” SECTION 1.25 “VOTE REQUIRED FOR ACTION” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ALTER THE NUMBER OF VOTES NEEDED FOR A SPECIAL USE PERMIT; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.

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APPENDIX A. UNIFIED LAND DEVELOPMENT CODE

ARTICLE I. GENERAL

DIVISION 3. ADMINISTRATION AND PROCEDURES

Sec. 1.25. Vote required for action.

1. Three-fourths of all members of the city council if the proposed change to the zoning text or official zoning map is protested in accordance with V.T.C.A., Local Government Code, ch. 211;

3. Two-thirds of all members of the city council in all other cases.

2. Three-fourths of all members of the city council if the city council desires to overrule a recommendation of the planning and zoning commission to deny the proposed special use permit; or

3. Two-thirds of all members of the city council in all other cases.

INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 17th day of November, 2014.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Ordinances\2014\November 17\ULDC Voting Requirements - SUP 5.docx

BAYTOWN SPECIAL CITY COUNCIL 5. a. MEETING Meeting Date: 11/17/2014 Subject: Consider the second reading for the annexation of approximately 0.178 acres east of N. Main. Prepared for: Tiffany Foster, Planning and Development Services Prepared by: Kevin Cummings, Planning and Development Services Department: Planning and Development Services

Information ITEM Consider an ordinance for the second and final reading of the proposed voluntary annexation of approximately 0.178 acres of land situated in the William C. and Charles Boswell Survey, Abstract 1562, Harris County, Texas, located approximately 2000 feet south of Interstate 10, northeast of the intersection of Hunt Road and North Main Street.

PREFACE This proposed ordinance is the second and final reading for the proposed voluntary annexation of approximately 0.178 acres of land located approximately 2000 feet south of Interstate 10, northeast of the intersection of Hunt Road and North Main Street; also known as the easternmost portion of 6730 N. Main Street.

The applicant has indicated the over-all use of the property as a bread distribution center and is including this small portion of property that is needed for detention. A zoning map amendment is also being requested as part of this annexation during this meeting.

On July 10, 2014, the City Council approved a resolution granting the annexation petition and directing staff to create a service plan for the proposed area to be annexed. The City Council held two public hearings for this item on September 25, 2014. The first reading was held on October 23, 2014, and published in the Baytown Sun on October 28, 2014. After this 2nd and final reading, Council will be asked to consider an ordinance placing this property into City Council District No. 4.

RECOMMENDATION Staff recommends approval.

Attachments Application and Supporting Documents Map Ordinance - Annexation of 0.178 Acres Exhibit A - Metes and Bounds Description Service Plan CITY OF BAYTOWN

PETITION REQUESTING ANNEXATION

STATE OF TEXAS COUNTY OF HARRIS/CHAMBERS COME NOW, LaJean Hansen, John Hansen, Lance Hansen, Suzanne Hansen McNamara, Eric Permenter, Quint Permenter, Russell Permenter, Lisa McMillian, Linda Jackson, Laurie Baker, Owner(s) of the real property describes as follows to-wit:

(Describe property and attach metes and bounds)

(State property location, for example, the property is located north of I-10 near N. Main Street.) ______6600 N. Main Street, Baytown, Texas 77521 ______Located Adjacent to the east right-of-way of North Main north of Hunt Road and South of I-10. ______For reference, see Vicinity Map Attached.

(State the purpose of this annexation – What will be built, placed, etc.) □ Residential/Manufactured (Number of Lots)______□ Multifamily (Number of Units)______X□ Commercial Business (Business type) ______Bread Distribution □ RV Park (Number of Pads) ______□ Restaurant (Number of seats) ______Center □ Hotel/Motel (Number of Beds) _____ □ Office Building (Number of Occupants) ______□ Retail (Number of Washrooms) ______□ Other (description)______

Said tract is one-half mile or less in width; is contiguous to the city limits of Baytown; and is vacant and without residence or on which fewer than three qualified voters reside.

(I), (We), LaJean Hansen, John Hansen, Lance Hansen, Suzanne Hansen McNamnara, Eric Permenter, Quint Permenter, Russell Permenter, Lisa McMillian, Linda Jackson, Laurie Baker the Owner(s) of the above-described property request annexation of the property by the City of Baytown.

OWNERS' NOTARIZED SIGNATURES ON FOLLOWING PAGES

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF APPROXIMATELY 0.178 ACRES OF LAND SITUATED IN THE WILLIAM C. AND CHARLES BOSWELL SURVEY, ABSTRACT 1562, HARRIS COUNTY, TEXAS, APPROXIMATELY 2000 FEET SOUTH OF INTERSTATE 10, NORTHEAST OF THE INTERSECTION OF HUNT ROAD AND NORTH MAIN STREET, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. ************************************************************************************* WHEREAS, there being no request for an "on-site" hearing, two public hearings before the City Council of the City of Baytown, Texas, where all interested persons were provided with an opportunity to be heard on the proposed annexation of the property described in Section 1 of this ordinance, were held, during the City Council meeting on the 25th day of September, 2014, in the City Council Chamber of the City Hall of the City of Baytown, Texas, which date is not more than forty (40) nor less than twenty (20) days prior to the institution of annexation proceedings; and

WHEREAS, notices of the first and second public hearings were published in a newspaper having general circulation in the City of Baytown, Texas, and in the below described territories on the 12th day of September, 2014, which date is not more than twenty (20) nor less than ten (10) days prior to the date of such public hearings; and

WHEREAS, notice of the first and second public hearings were posted on the City of Baytown’s notice board and website on the 12th day of September, 2014, which date is not more than twenty (20) nor less than ten (10) days prior to the date of the public hearings; and

WHEREAS, on the 12th day of September, 2014, each notice posted on the City of Baytown’s notice board and website remained posted until the date of the hearing referenced in the notice; and WHEREAS, the total corporate area of the City of Baytown, Texas, on the 1st day of January, 2014, was 39.53 square miles; and

WHEREAS, the population of the City of Baytown, Texas, is approximately 73,238 inhabitants; and

WHEREAS, the below-described property lies within the extraterritorial jurisdiction of the City of Baytown, Texas; NOW THEREFORE

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That all matters and facts set forth in the recitals hereinabove are found to be true and such recitals are hereby approved and made a part of this ordinance for all purposes and are adopted as a part of the judgment and findings by the City Council of the City of Baytown, Texas.

Section 2: That the following described land and territories lying adjacent to and adjoining the City of Baytown are hereby added and annexed to the City of Baytown, Texas, and shall hereinafter be included within the boundary limits of the City of Baytown, Texas, and present boundary limits of such City, at the various points contiguous to the areas hereinafter described, are altered and amended so as to include said areas within the corporate limits of the City of Baytown, Texas, to-wit: SEE EXHIBIT "A" Section 3: The above described territories and the areas so annexed shall be a part of the City of Baytown, Texas, and the property so added hereby shall bear its pro rata of the taxes levied by the City of Baytown, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens of the City of Baytown and shall be bound by the acts, ordinances, resolutions, and regulations of the City of Baytown, Texas.

Section 4: In accordance with Texas Local Government Code Annotated §43.056, as amended, the service plan prepared by the City for providing municipal services to the annexed areas is hereby approved and is attached hereto as Exhibit “B,” and is incorporated herein by this reference for all intents and purposes.

Section 5: This ordinance shall be published and passed in the manner provided in Article 1, Section 9, of the Charter of the City of Baytown, Texas.

INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 23rd day of October, 2014.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

INTRODUCED, READ and PASSED on the SECOND AND FINAL READING this the 17th day of November, 2014.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

R:\Karen\Files\City Council\Ordinances\2014\November 17\Annexationof0.178Acres.doc

2 Exhibit "A"

Exhibit “B” August 14, 2014

SERVICE PLAN SUMMARY

Proposed annexation: Annexation of property approximately 0.2 acres of land located in the William C. and Charles Boswell Survey, Abstract 1562, Harris County, Texas approximately 2,000 feet south of I-10 and east of North Main. This area will be added to existing property inside the City Limits for the propose of a bread distribution plant.

Existing Land Use: Vacant, greenfields.

Service impact resulting from annexation: Fire Department: Assigned to Fire Service District 7. This proposed annexed area will receive the same level of services provided to other developments in the same area. The proposed service delivery performance measures for the area are 6 minutes within the first mile for a call for services until the arrival of the 1st company. EMS survivability from cardiac arrest increases by 10% for each minute with BLS care before 6 minutes. First Alarm will have a response time of 14 minutes 36 seconds as a receipt for services until the arrival of the first alarm assignment (2 engines, 1 Ladder, 1 Chief) on location. The time over 10 minutes will significantly increase fire spread and therefor decrease rescue, fire control and property conservation measures. The expansion of resources would be required to improve the service delivery to the proposed area: Initial Investment Cost in dollars Building – 4 Bay Fire Station 3,200,000 Equipment- Fire Engine 650,000 Personnel Hiring Costs – 15 personnel 15,000 Initial Total Costs 3,865,000

Recurring Costs Cost in Dollars Personnel 1,020,000 Educational 1,500 Building Maintenance 4,000 Utilities 14,400 Recurring Total costs 1,039,900

Police Department: Assigned to Police District 4. No additional impact at this time. Health Department and Emergency Medical Services: The continued incremental annexations of property combined with the increased demands of service from citizens have caused a complete saturation of staff’s capacity to provide service. To continue to provide the same level of services to any additional annexations, without reducing the services to existing citizens, additional personnel in Environmental Health (ES), Neighborhood Protection (NP) and Animal Services (AS) will be necessary. The additional staff necessary for both EH and NP would be one FTE respectfully and 2 FTE’s for AS. The budgetary impact would be approximately $275,000 for the additional four staff members. As indicated in previous annexations, the annexation of undeveloped property has little effect on operational activities; however, once the development begins the demand for services is immediate. This proposed area will require immediate attention by EH, NP and AS personnel. Parks and Recreation Department: No additional impact at this time. Building Division: No additional impact at this time. Public Works Department: This property is assigned to Zone 1 service area. No additional impact at this time. Engineering Department: No additional impact at this time.

Means of Accomplishment: Annexation will be accomplished by extending from current city limit line, adjacent to the western edge of the property.

Public Input: The first and second public hearings are scheduled for August 14, 2014. BAYTOWN SPECIAL CITY COUNCIL 5. b. MEETING Meeting Date: 11/17/2014 Subject: Consider Placing Approximately 0.178 Acres of 6730 N. Main, Baytown, Texas into City Council District #4 Prepared for: Tiffany Foster, Planning and Development Services Prepared by: Kevin Cummings, Planning and Development Services Department: Planning and Development Services

Information ITEM Consider an ordinance placing approximately 0.178 acres of land situated in the William C. and Charles Boswell Survey, Abstract 1562, Harris County, Texas, located approximately 2,000 feet south of Interstate 10, northeast of the intersection of Hunt Road and North Main Street into City Council District No. 4.

PREFACE This proposed ordinance places the approximately 0.178 acres of land annexed into the City of Baytown in the previous agenda item and being generally located northeast of the intersection of Hunt Road and North Main Street at 6730 N. Main Street into Council District No. 4.

On July 10, 2014, the City Council approved a resolution granting the annexation petition and directing staff to create a service plan for the proposed area to be annexed. The City Council held two public hearings for this item on September 25, 2014. The first reading was held on October 23, 2014, and published in the Baytown Sun on October 28, 2014. The second and final reading for this annexation was completed in a previous agenda item.

RECOMMENDATION Staff recommends approval.

Attachments Map Survey Information Ordinance - Add Annexed Property to District No. 4 Exhibit A - Metes and Bounds

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING APPROXIMATELY 0.178 ACRES OF LAND SITUATED IN THE WILLIAM C. AND CHARLES BOSWELL SURVEY, ABSTRACT 1562, HARRIS COUNTY, TEXAS, APPROXIMATELY 2000 FEET SOUTH OF INTERSTATE 10, NORTHEAST OF THE INTERSECTION OF HUNT ROAD AND NORTH MAIN STREET TO COUNCIL DISTRICT NO. 4; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. ******************************************************************************************** WHEREAS, Section 17(1) of the Charter of the City of Baytown provides that the City Council shall redistrict the City if the growth of the City justifies; and WHEREAS, it is necessary to include the newly annexed territory described herein in a Council District; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: Council District No. 4 is hereby redistricted by the addition of that property which is described in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes. Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3: If any provisions, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. Section 4: This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10) days after passage of this ordinance. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 17th day of November, 2014.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

R:\Karen\Files\City Council\Ordinances\2014\November 17\Add0.178Acres2CouncilDistrict4.doc Exhibit "A"

BAYTOWN SPECIAL CITY COUNCIL 5. c. MEETING Meeting Date: 11/17/2014 Subject: Public Hearing: Zoning Map Amendment for approximately 0.178 acre portion of 6730 N. Main Street, Baytown, Harris County, Texas Prepared for: Tiffany Foster, Planning and Development Services Prepared by: Kevin Cummings, Planning and Development Services Department: Planning and Development Services

Information ITEM Conduct a public hearing concerning a proposed amendment to the official zoning map for approximately 0.178 acres area out of Lot 27, Block 19 of the Highland Farms Subdivision Plat, Harris County, Texas, and said parcel being out of the William C. and Charles Boswell Survey; located at 6730 North Main Street, which is generally east of North Main Street approximately 2,000 feet south of Interstate 10; from Open Space/Recreation (OR) to General Commercial (GC).

PREFACE This public hearing is for an application to rezone approximately 0.178 acres of 6730 North Main Street, generally located east of North Main Street approximately 2,000 feet south of Interstate 10; from Open Space/Recreation (OR) to General Commercial (GC).

This area was just considered for annexation in a previous item. It is the final piece of a larger tract that is being developed as a Bread Distribution Center. The majority of this tract was already within the city limits and zoned GC.

The Planning and Zoning Commission held public hearings on August 19th and September 16th.

The application, supporting documentation, and staff report associated with this item are attached for your review.

RECOMMENDATION

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

Attachments ZMA Application Map ZMA Staff Report

Staff Report to the Planning and Zoning Commission for Zoning Map Amendment

Requested Action: Zoning Map Amendment request to amend zoning designation from Open Space/Recreation (OR) to General Commercial (GC).

Applicant: Jerry Crouch, Hutchinson & Associates, representing the various land owners.

Subject Property: Approximately 0.178 acre area out of Lot 27, Block 19 of the Highlands Farms Subdivision, Harris County, Texas; the area is located at 6730 North Main Stree.t

Parcel Information: Current Use: Vacant Proposed Use: Commercial North: Vacant West: North Main Street East: Vacant South: Vacant

Future Land Use Map: Border of Commercial Corridor and Low-Medium Density Residential

Staff Analysis: An application for an amendment to the official zoning map has been submitted for consideration.

Applicant has requested that subject property be rezoned from Open Space/Recreation (OR) to General Commercial (GC). The subject area is approximately 0.178 acre which is a small portion of Lot 27, Block 19 of the Highlands Farms Subdivision. The approximately 0.178 acre tract is also in the process of being annexed into the city limits.

In order to recommend approval of an application for a zoning amendment, the Planning and Zoning Commission shall consider the following factors:

1. Consistency with guiding documents.

The proposed use of this property is a bread distribution center and is therefore consistent with the City’s Future Land Use Plan and the Major Thoroughfare Plan by having acceptable land uses and adequate right-of-way width for North Main Street. North Main Street is a major arterial on the city’s thoroughfare plan. Since the subject tract is vacant, there are no land use compatibility issues at this time.

2. Compatibility with the Surrounding Area.

Subject tract’s existing use is vacant. Owners have stated their desired use of the subject area is commercial. The adjacent areas within the city limits are zoned GC. Area to the east is outside of the city limits. 3. Promotion of health, safety, or general welfare.

The proposed use promotes orderly development as it recognizes that the subject tract is a prime location for general commercial development. Future development on this property would need to meet the ULDC zoning requirements, as well as, all other building codes to promote health, safety, and general welfare.

4. Facilitation of infrastructure.

The area immediately to the north and south are vacant. The site has access to city water and sewer. The existing infrastructure would appear to support the rezoning.

5. There are changed conditions.

The changed conditions are that this vacant land is in an area anticipated for growth and is following the direction that the City is moving to grow. The proposed development is a bread distribution center.

6. Effect on Natural Environment.

This zone change will have no measurable effect on the Natural Environment.

7. Community need.

Continued greenfield development and growth of the City is good for the tax base and will provide for commercial development.

Public Notification: Posted at City Hall and the City’s website on August 8, 2014 and published in the Baytown Sun on August 8, 2014. BAYTOWN SPECIAL CITY COUNCIL 5. d. MEETING Meeting Date: 11/17/2014 Subject: Consider: Zoning Map Amendment of approximately 0.178 acre area of 6730 N. Main Street, Baytown, Harris County, Texas Prepared for: Tiffany Foster, Planning and Development Services Prepared by: Kevin Cummings, Planning and Development Services Department: Planning and Development Services

Information ITEM Consider an amendment to the official zoning map for approximately 0.178 acres out of Lot 27, Block 19 of the Highlands Farms Subdivision, Baytown, Harris County, Texas, and said parcel being out of the William C. and Charles Boswell Survey; located at 6730 North Main Street, which is generally east of North Main Street approximately 2,000 feet south of Interstate 10; from Open Space/Recreation (OR) to General Commercial (GC).

PREFACE This is an application to rezone approximately 0.178 acres of 6730 North Main Street, generally located east of North Main Street, approximately 2,000 feet south of Interstate 10; from from Open Space/Recreation (OR) to General Commercial (GC).

This area was considered for annexation in a previous item. It is the final piece of a larger tract that is being developed as a Bread Distribution Center. The majority of this tract was already within the city limits and zoned GC.

The application and supporting documentation associated with this item are attached under the previous public hearing.

On September 16, 2014, the Planning and Zoning Commission voted to recommend approval of the proposed zoning map amendment from Open Space/Recreation (OR) to General Commercial (GC). The Commission's Report to City Council is attached for your consideration.

RECOMMENDATION Staff recommends approval.

Attachments P&Z Report to City Council Ordinance - Zoning Map Amendment Exhibit A - Zoning Map

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO REZONE APPROXIMATELY 0.178 ACRES OF LAND SITUATED IN THE WILLIAM C. AND CHARLES BOSWELL SURVEY, ABSTRACT 1562, HARRIS COUNTY, TEXAS, BEING OUT OF LOT 27, BLOCK 19 OF THE HIGHLAND FARMS SUBDIVISION PLAT, HARRIS COUNTY, TEXAS, LOCATED APPROXIMATELY 2000 FEET SOUTH OF INTERSTATE 10, NORTHEAST OF THE INTERSECTION OF HUNT ROAD AND NORTH MAIN STREET, FROM AN OPEN SPACE/RECREATION (OR) DISTRICT TO A GENERAL COMMERCIAL (GC) DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND 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 amends the official zoning map of the City of Baytown to effectuate zoning district changes for approximately 0.178 acres of land situated in the William C. and Charles Boswell Survey, Abstract 1562, Harris County, Texas, being out of Lot 27, Block 19 of the Highland Farms Subdivision Plat, Harris County, Texas, located approximately 2000 feet south of Interstate 10, northeast of the intersection of Hunt Road and North Main Street, from an Open Space/Recreation (OR) District to a General Commercial (GC) District. The amended portion of the official zoning map is attached hereto as Exhibit “A” and incorporated herein for all intents and purposes.

Section 2: Any person who fails to comply with any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief, administrative adjudication and revocation of licenses or permits.

Section 3: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance.

Section 4: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or the set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable.

Section 5: This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10) days after passage of this ordinance.

INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 17th day of November, 2014.

______STEPHEN H. DONCARLOS, MAYOR

ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

R:\Karen\Files\City Council\Ordinances\2014\November 17\ZoneMapAmendment0.178Acres.doc

2 Exhibit "A" BAYTOWN SPECIAL CITY COUNCIL 6. a. MEETING Meeting Date: 11/17/2014 Subject: Seventh Amendment to the Collective Bargaining Agreement Prepared for: Ignacio Ramirez, Legal Prepared by: Karen Horner, Legal Department: Legal

Information ITEM Consider an ordinance authorizing the Seventh Amendment to the Collective Bargaining Agreement for October 1, 2010 -- September 30, 2016, with the International Association of Firefighters Local 1173 to add Article 34 "Reappointment" to provide for the reappointment of firefighters under certain conditions.

PREFACE This proposed ordinance authorizes the Seventh Amendment to the Collective Bargaining Agreement for October 1, 2010 -- September 30, 2016 ("CBA") with the International Association of Firefighters Local 1173 (the "Union") to add Article 34 "Reappointment" to provide for the reappointment of firefighters under certain conditions.

State law allows the City's Civil Service Commission to adopt rules to allow a police officer who voluntarily resigns from the department to be reappointed without taking another departmental entrance exam. However, state law does not provide the same opportunity for the reappointment of firefighters. Therefore, this Seventh Amendment to the CBA adds a new article to afford the same opportunity for firefighters who: voluntarily resigned from the department, apply for reappointment within two years of separation from the City, hold a valid, current certification for firefighter from the Texas Commission on Fire Protection, and meet all eligibility requirements for a person in the classification of Firefighter, except for the maximum age requirement. Reappointment is at the Fire Chief's discretion based upon the overall value of the applicant to the department. If a firefighter is reappointed, the firefighter's prior years of service will be counted for purposes of longevity pay, accrual benefits, seniority in the case of a reduction in force, and determining the appropriate tier in the classification for compensation purposes. A rehired firefighter will be required to meet all post-hire retention requirements to remain employed.

The collective bargaining teams of the City and the Union reviewed and tentatively agreed on the terms of this Seventh Amendment at its meeting held on October 22, 2014, The amendment was approved by the Union on October 26, 2014.

RECOMMENDATION Staff recommends approval.

Attachments Ordinance - 7th Amendment to CBA Exhibit A - 7th Amendment to CBA AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE SEVENTH AMENDMENT TO THE FIRE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BAYTOWN, TEXAS, AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1173; 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 authorizes the Seventh Amendment to the Fire Collective Bargaining Agreement between the City of Baytown, Texas, and the International Association of Firefighters Local 1173. A copy of said amendment 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 17th day of November, 2014.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

R:\Karen\Files\City Council\Ordinances\2014\November 17\CollectiveBargainingSeventhAmendment.doc Exhibit "A"

SEVENTH AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT OCTOBER 1, 2010 – SEPTEMBER 30, 2016

This Seventh Amendment to the Collective Bargaining Agreement for October 1, 2010 - September 30, 2016 (“Seventh Amendment”) is signed and agreed upon this the ___ day of October, 2014, by and between the City of Baytown, Texas, a municipal corporation located in Harris and Chambers Counties, Texas (the “City” or the “Employer”) and the International Association of Firefighters Local 1173 (the “Union”).

WITNESSETH

WHEREAS, the Union and the City have mutually agreed to reopen the Collective Bargaining Agreement for October 1, 2010 – September 30, 2016 (the “Agreement”) to allow in certain cases the reappointment of a former Firefighter to the Fire Department after his voluntary resignation; and

WHEREAS, the parties understand and agree that certain provisions of the civil service law must be pre-empted in order to accomplish such purposes; and

WHEREAS, the provisions of this Seventh Amendment shall pre-empt all provisions of Chapter 143 of the Texas Local Government Code as necessary in order to effectuate the amendments herein;

NOW THEREFORE, in consideration of the mutual covenants, agreements and benefits to both parties, the City and the Union agree to amend the Collective Bargaining Agreement for October 1, 2010 - September 30, 2016, as follows:

1. Recitals. The recitals contained hereinabove are true and incorporated as part of this Seventh Amendment.

2. Amendment. The Agreement is hereby amended to add a new article to be numbered and entitled Article 34 “Reappointment,” which shall read as follows:

ARTICLE 34 REAPPOINTMENT

Section 1. Application for Reappointment.

A person who previously served as a City of Baytown Firefighter may apply in writing to the Fire Chief for reappointment as a Firefighter within two (2) years of the effective date of separation if the applicant meets the eligibility requirements of Section 2 herein. A person applying under this article will not be required to take an entrance examination and will not be placed on an eligibility list.

Section 2. Eligibility.

An applicant for reappointment must have resigned voluntarily and in good standing from the Baytown Fire Department as a firefighter and must hold a valid, current certification for firefighter from the Texas Commission on Fire Protection. Reappointment will not be considered if the applicant resigned pending disciplinary action or investigation. Additionally, an applicant for reappointment must meet all eligibility requirements for a person in the classification of

Seventh Amendment, Page 1 Firefighter, including those requirements referenced and/or contained in Article 33, Section 1 of the Agreement; provided that the applicant shall not be subject to the maximum age requirements specified in Section 143.023(b) of the Texas Local Government Code.

Section 3. Reappointment.

It shall be the Fire Chief’s discretion to determine the applicant’s suitability for reappointment. In the event the Fire Chief decides the applicant should not be reappointed, the applicant shall be notified of the decision in writing and the reappointment process is terminated. The Fire Chief shall forward a copy of this documentation to the Civil Service Director. If, based on the overall value of the applicant to the department, the Fire Chief desires to reappoint the applicant as a Firefighter, the applicant may be reappointed at the discretion of the Fire Chief if a vacancy exists. Notice of the reappointment shall be given in writing to the Civil Service Director.

In the event there is no vacancy for Firefighter at the time of application for reappointment, the Fire Chief may retain the application. Reappointment can be made only within two years of the date of resignation. If there is no reappointment within two years from date of resignation of the applicant, the reappointment process is automatically terminated.

Section 4. Restoration of Certain Benefits.

Upon reappointment, the applicant’s prior years of service with the City of Baytown Fire Department in the classification of Firefighter or higher will be counted only for the following purposes:

1. longevity pay, 2. accrual benefits, 3. seniority in the case of a reduction in force, and 4. determining the appropriate tier in the Firefighter classification in the compensation plan as detailed in Article 23.

The applicant’s seniority for purposes of promotion shall be determined in accordance with Article 7, Section 3 of this Agreement, Chapter 143 and the City of Baytown Civil Service Rules and Regulations.

Section 5. Post-Appointment Retention Requirements.

The applicant if reappointed, however, shall be required to meet the post-hire retention requirements specified in Article 33, Section 2 of the Agreement to remain employed.

Section 6. Preemption.

To the extent that any provision of this Article conflicts with or changes Chapters 141, 142 or 143 of the Texas Local Government Code or any other applicable statute, executive order, or local ordinance or rule, this Agreement shall supersede such provisions, as authorized by Chapter 174 of the Texas Local Government Code.

Seventh Amendment, Page 2

3. Essence. Time is expressly declared to be of the essence in regards to the Agreement.

4. Jurisdiction. The Agreement and all amendments thereto, including this Seventh Amendment, shall be construed under and in accordance with the laws of the State of Texas, and all obligations created by the Agreement and all amendments thereto shall be performable in Harris County, Texas.

5. Validity. In case any one or more of the provisions contained in this Seventh Amendment shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Seventh Amendment shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

6. Ambiguity. In the event of any ambiguity in any of the terms of this Seventh Amendment, it shall not construed for or against any party hereto on the basis that such party did or did not author the same.

7. Sole Agreement. The provisions of this Seventh Amendment and the provisions of the Sixth Amendment, the Fifth Amendment, the Fourth Amendment, the Third Amendment, the Second Amendment, the First Amendment and the Agreement should be read together and construed as one agreement, provided that in the event of any conflict or inconsistency between the provisions of this Seventh Amendment and the provisions of the Sixth Amendment, the Fifth Amendment, the Fourth Amendment, the Third Amendment, the Second Amendment, First Amendment and/or the Agreement, the provisions of this Seventh Amendment shall control.

8. Amendments. No amendment, modification, or alteration of the terms of this Seventh Amendment shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties hereto.

9. Headings. The headings as to contents or particular articles or sections herein are inserted only for convenience. They are in no way to be construed as a part of or limitation on the scope of the particular section or sections to which they refer.

10. Authority. Each party has the full power and authority to enter into and perform this Seventh Amendment and the person signing this Seventh Amendment on behalf of each party has been properly authorized and empowered to enter into this Seventh Amendment.

11. Preemption. To the extent that any provision of this Seventh Amendment conflicts with or changes Chapter 143 of the Texas Local Government Code or any other applicable statute, executive order, local ordinance or rule, or earlier versions or amendments of the Agreement, this Seventh Amendment shall supersede such provisions, as authorized by Chapter 174 of the Local Government Code.

12. Evergreen. The expiration or termination of the Agreement shall not affect the validity of any reappointment made by the Fire Chief in accordance with Article 34.

13. Binding Effect. The parties acknowledge they have read, understand, and intend to be bound by the terms and conditions of this Seventh Amendment.

Seventh Amendment, Page 3

14. Multiple Execution. It is understood and agreed this Seventh Amendment may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes.

IN WITNESS WHEREOF, the undersigned City and the Union hereto execute this Seventh Amendment on this the ___ day of October, 2014, the date on which this amendment is signed by the City Manager.

CITY OF BAYTOWN BAYTOWN PROFESSIONAL FIRE FIGHTERS UNION, LOCAL 1173

______ROBERT D. LEIPER, City Manager MARK MEDRANO, President

ATTEST: ATTEST:

______LETICIA BRYSCH, City Clerk ______, Secretary

Seventh Amendment, Page 4

Appendix Years 5 -- 6

R:\Karen\Files\Contracts\Collective Bargaining\2014\7thAmendment.doc

Appendix Years 5 -- 6, Page Solo

BAYTOWN SPECIAL CITY COUNCIL 6. b. MEETING Meeting Date: 11/17/2014 Subject: Consider Authorizing a Professional Service Agreement for Texas Avenue Streetscape - Phase 2 and Town Center Project Prepared for: Jose Pastrana, Engineering Prepared by: Linda Newsted, Engineering Department: Engineering

Information ITEM Consider an ordinance authorizing a Professional Service Agreement with Midtown Engineering, LLC, for the Texas Avenue Streetscape - Phase II and Town Center Project.

PREFACE This proposed ordinance authorizes a Professional Service Agreement with Midtown Engineering, LLC, for the Texas Avenue Streetscape - Phase II and Town Center Project in an amount not to exceed $216,940.00.

This project will be a complete reconstruction of one block of Texas Avenue from Gaillard Street to Ashbel Street and will include all new utilities, pavement, widened sidewalks, street lamps and benches, and decorative pavestone sections based on the Downtown Master Plan. Additionally this project will include the revitalization of a vacant lot east of Texas Avenue between Ashbel Street and Gaillard Street, creating a Town Square with two small prefabricated buildings, sidewalks, lawn, fountain, and a seasonal ice rink.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: Acct Code: 21505 - STMD0706 Source of Funds (Operating/Capital/Bonds): MDD Funds Budgeted Y/N: Y Amount Needed: $216,940. Fiscal Impact (Additional Information):

Attachments Site Map Indebtedness Certification Ordinance - Midtown Agreement Exhibit A - Midtown Agreement

CITY OF BAYTOWN, TEXAS

INDEBTEDNESS CERTIFICATION

Project Name: Texas Ave Streetscape Phase II/Town Center

Company Name: Midtown Engineers, LLC

Department: Engineering

Date: 11/3/2014

A review of the above-described company was made in accordance with 2-663 ofthe City of Baytown Code of Ordinances and theaforementioned company wasfound:

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

®not to be indebted to the City.

It is hereby certifiedthe above is trueand correct based on the best information available.

»om

Forinformation regarding thiscertificate, 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 ofBaytown Director ofFinance PO Box 424 Baytown, TX 77522-0424 Slh/Q/IndebtednessCertification/3-12-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH MIDTOWN ENGINEERING, LLC, FOR THE TEXAS AVENUE STREETSCAPE - PHASE II AND TOWN CENTER PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWO HUNDRED SIXTEEN THOUSAND NINE HUNDRED FORTY AND NO/100 DOLLARS ($216,940.00); 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 Professional Services Agreement with Midtown Engineering, LLC, for the Texas Avenue Streetscape - Phase II and Town Center Project. A copy of said agreement is attached hereto as Exhibit “A” and incorporated herein for all intents and purposes.

Section 2: That the City Council of the City of Baytown authorizes payment to Midtown Engineering, LLC, in an amount not to exceed TWO HUNDRED SIXTEEN THOUSAND NINE HUNDRED FORTY AND NO/100 DOLLARS ($216,940.00) for professional services 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 17th day of November, 2014.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

R:\Karen\Files\City Council\Ordinances\2014\October 9\KimleyHornAgreement4RightTurnLaneImprovements.doc Exhibit "A"

BAYTOWN SPECIAL CITY COUNCIL 6. c. MEETING Meeting Date: 11/17/2014 Subject: Consider Authorizing a Professional Service Agreement for San Jacinto Boulevard Prepared for: Jose Pastrana, Engineering Prepared by: Linda Newsted, Engineering Department: Engineering

Information ITEM Consider an ordinance authorizing a Professional Service Agreement with Kimley-Horn and Associates, Inc., for surveying and environmental services, preliminary design, and right-of-way services for the San Jacinto Boulevard Extension Project.

PREFACE This proposed ordinance authorizes a Professional Service Agreement with Kimley-Horn and Associates, Inc., for surveying and environmental services, preliminary design, and right-of-way services for the San Jacinto Boulevard Extension Project in an amount not to exceed $418,500.00. This preliminary design and ROW project is funded by remaining 2007 Street Bond funds. Construction will be funded by a combination of developer contributions, the TIRZ and City CO and GO bonds.

This project is for the preliminary roadway design and existing property and proposed right-of-way information in preparation for the property acquisition necessary for the construction of San Jacinto Boulevard Extension. The future San Jacinto Blvd extension project starts at IH-10 Eastbound frontage road and ends at the intersection of West Cedar Bayou-Lynchburg Road and Bush Road. The preliminary design will be based on the preferred conceptual alignment developed in August 2014.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: Acct Code: 31302 - STGB7650 Source of Funds (Operating/Capital/Bonds): GOs Funds Budgeted Y/N: Amount Needed: $418,500. Amount Needed: $418,500. Fiscal Impact (Additional Information):

Attachments Proposed Alignment Ordinance - Kimley-Horn Agreement Exhibit A - Kimley-Horn Agreement

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY- HORN AND ASSOCIATES, INC., FOR THE SAN JACINTO BOULEVARD EXTENSION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED EIGHTEEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($418,500.00); 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 Professional Services Agreement with Kimley-Horn and Associates, Inc., for the San Jacinto Boulevard Extension Project. A copy of said agreement is attached hereto as Exhibit “A” and incorporated herein for all intents and purposes.

Section 2: That the City Council of the City of Baytown authorizes payment to Kimley- Horn and Associates, Inc., in an amount not to exceed FOUR HUNDRED EIGHTEEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($418,500.00) for professional services in accordance with the agreement authorized in Section 1 hereinabove.

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 17th day of November, 2014.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

R:\Karen\Files\City Council\Ordinances\2014\November 17\KimleyHornAgreement4SanJacintoBlvdExtensionProject.doc Exhibit "A"

STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES

THIS AGREEMENT effective as of the __ day of November, 2014 (“Effective Date”).

Between

City of Baytown (“OWNER”)

and

Kimley-Horn and Associates, Inc. (“ENGINEER”)

OWNER intends to contract with ENGINEER for professional engineering services to provide limited preliminary roadway design and existing property and proposed right-of-way (ROW) information in preparation for property acquisition necessary for the construction of San Jacinto Boulevard (the “Project”). The Project extends from

Interstate Highway 10 Eastbound Frontage Road to West Cedar Bayou-Lynchburg Road at Bush Road, between

John Martin Road and Garth Road. The preliminary roadway design will be based on the preferred conceptual alignment selected as part of the San Jacinto Blvd. Alignment Study completed in August 2014. The preliminary design will be based on local design criteria and does not anticipate Federal or State funding being utilized as a potential funding source.

OWNER and ENGINEER in consideration of their mutual covenants as set forth herein agree as follows:

Standard Form of Agreement Between Owner and Engineer for Professional Services Page 1 of 12

TABLE OF CONTENTS Page

ARTICLE 1 - SERVICES OF ENGINEER ...... 3 1.01 Scope ...... 3

ARTICLE 2 - OWNER’S RESPONSIBILITIES ...... 3 2.01 General ...... 3

ARTICLE 3 - TIMES FOR RENDERING SERVICES ...... 3 3.01 General ...... 3 3.02 Suspension ...... 3

ARTICLE 4 - PAYMENTS TO ENGINEER ...... 3 4.01 Methods of Payment for Services and Reimbursable Expenses of ENGINEER ...... 3 4.02 Other Provisions Concerning Payments ...... 3

ARTICLE 5 - OPINIONS OF COST ...... 4 5.01 Opinions of Probable Construction Cost...... 4 5.02 Designing to Construction Cost Limit ...... 4 5.03 Opinions of Total Project Costs ...... 4

ARTICLE 6 - GENERAL CONSIDERATIONS ...... 4 6.01 Standards of Performance ...... 4 6.02 Authorized Project Representatives ...... 5 6.03 Design without Construction Phase Services ...... 5 6.04 Use of Documents ...... 5 6.05 Insurance ...... 6 6.06 Termination ...... 6 6.07 Controlling Law ...... 7 6.08 Successors, Assigns, and Beneficiaries ...... 7 6.09 Dispute Resolution ...... 7 6.10 Hazardous Environmental Condition ...... 7 6.11 Allocation of Risks ...... 8 6.12 Notices ...... 8 6.13 Survival ...... 8 6.14 Severability ...... 8 6.15 Waiver ...... 8 6.16 Headings ...... 8

ARTICLE 7 - DEFINITIONS ...... 8 7.01 Defined Terms ...... 8

ARTICLE 8 - EXHIBITS AND SPECIAL PROVISIONS ...... 11 8.01 Exhibits Included ...... 11 8.02 Total Agreement ...... 11

Standard Form of Agreement Between Owner and Engineer for Professional Services Page 2 of 12

ARTICLE 1 - SERVICES OF ENGINEER ______ARTICLE 4 - PAYMENTS TO ENGINEER ______1.01 Scope 4.01 Methods of Payment for Services and A. ENGINEER shall provide the Basic and Additional Reimbursable Expenses of ENGINEER Services set forth herein and in Exhibit A. A. For Basic Services. OWNER shall pay ENGINEER B. (modified) Upon issuance of a notice to proceed by for Basic Services performed or furnished under Exhibit A, the OWNER, ENGINEER is authorized to begin Basic Part 1, as set forth in Exhibit C. Services as set forth in Exhibit A. B. For Additional Services. OWNER shall pay C. (Deleted). ENGINEER for Additional Services performed or furnished under Exhibit A, Part 2, as set forth in Exhibit C. ARTICLE 2 - OWNER’S RESPONSIBILITIES ______C. (Modified) For Reimbursable Expenses. In addition to payments provided for in paragraphs 4.01.A and 2.01 General 4.01.B, OWNER shall pay ENGINEER for Reimbursable Expenses incurred by ENGINEER and ENGINEER’s A. OWNER shall have the responsibilities set forth Consultants as set forth in Exhibit C. However, all expenses herein and in Exhibit B. associated with meals and lodging must be approved in writing by OWNER prior to ENGINEER incurring any expense associated therewith; otherwise, the parties hereto ARTICLE 3 - TIMES FOR RENDERING SERVICES agree and understand that OWNER shall not be liable and ______ENGINEER shall not make a claim against OWNER for any such expenses. 3.01 General 4.02 Other Provisions Concerning Payments A. (Modified) ENGINEER’s services and compensation under this Agreement have been agreed to for the services A. Preparation of Invoices. Invoices will be prepared specified in Exhibit A. ENGINEER’s obligation to render in accordance with OWNER’s standard processing practices services hereunder will be for whatever period necessary for and will be submitted to OWNER monthly by ENGINEER, the final completion of said services. unless otherwise agreed. ENGINEER shall supply detailed back-up information along with each invoice in order for the B. (Deleted). OWNER to effectively evaluate the fees and charges. The amount billed in each invoice will be calculated as set forth in C. (Modified) For purposes of this Agreement the term Exhibit C. Invoices shall be received by the OWNER not “day” means a calendar day of 24 hours. later than sixty calendar (60) days from the date the ENGINEER and/or its subconsultants perform the services or 3.02 Suspension incur the expense. Failure by ENGINEER to comply with the requirements herein in a timely manner with this requirement A. (Deleted) shall result in the ENGINEER’S invoice being denied.

B. (Modified) If ENGINEER’s services are suspended B. (Modified) Payment of Invoices. Invoices are due by OWNER, ENGINEER may be entitled to equitable and payable within 30 calendar days after the receipt of the adjustment of rates and amounts of compensation provided for invoice and the necessary backup information. If OWNER elsewhere in this Agreement to reflect, reasonable costs fails to make any payment due ENGINEER for services and incurred by ENGINEER in connection with such suspension expenses within 30 calendar days after receipt of and reactivation and the fact that the time for performance ENGINEER’s invoice and the required backup documentation under this Agreement has been revised, unless such delay or therefor, the amounts due ENGINEER will accrue interest at suspension is caused in whole or in part by the ENGINEER, the rate set forth in Section 2251.025 of the Texas its officers, agents, or employees. If ENGINEER causes or Government Code (or the maximum rate of interest permitted contributes to the delay or suspension, ENGINEER shall have by law, if less) after the 30th calendar day. ENGINEER may no right to seek additional compensation. after giving seven calendar days’ written notice to OWNER

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suspend services under this Agreement until ENGINEER has amount equal to the debt from any payments owed to the been paid in full all amounts due for services, expenses, and ENGINEER under this Agreement, and the ENGINEER other related charges. However, it is expressly understood and waives any recourse therefor. agreed that ENGINEER will not charge any interest or penalty

as set forth herein on any portion of an invoice that is disputed ARTICLE 5 - OPINIONS OF COST and/or withheld in accordance with paragraph 4.02 and that ______ENGINEER will not suspend services under the agreement on

account of a disputed invoice or on account of monies 5.01 Opinions of Probable Construction Cost withheld. All payments will be credited first to principal and

then to interest. A. ENGINEER’s opinions of probable Construction

Cost provided for herein are to be made on the basis of C. Disputed Invoices. In the event of a disputed or ENGINEER’s experience and qualifications and represent contested invoice, only that portion so contested may be ENGINEER’s best judgment as an experienced and qualified withheld from payment, and the undisputed portion will be professional generally familiar with the industry. However, paid. since ENGINEER has no control over the cost of labor,

materials, equipment, or services furnished by others, or over D. Payments Upon Termination. In the event of any the Contractor’s methods of determining prices, or over termination under section 6.06, ENGINEER will be entitled to competitive bidding or market conditions, ENGINEER cannot invoice OWNER and will be paid in accordance with Exhibit and does not guarantee that proposals, bids, or actual C for all services performed or furnished and all Reimbursable Construction Cost will not vary from opinions of probable Expenses incurred through the effective date of termination Construction Cost prepared by ENGINEER. If OWNER provided all instruments of service have been tendered to the wishes greater assurance as to probable Construction Cost, OWNER.. OWNER shall employ an independent cost estimator as

provided in Exhibit B. 2. (Deleted)

5.02 Designing to Construction Cost Limit E. (Modified) Records of ENGINEER’s Costs.

Records of ENGINEER’s costs pertinent to ENGINEER’s A. (Deleted). compensation under this Agreement shall be kept in accordance with generally accepted accounting practices. 5.03 Opinions of Total Project Costs Copies of such records will be made available to OWNER upon request at no cost to OWNER. A. (Deleted)

F. Legislative Actions. In the event of legislative ARTICLE 6 - GENERAL CONSIDERATIONS actions after the Effective Date of the Agreement by any level ______of government that impose taxes, fees, or costs on

ENGINEER’s services or other costs in connection with this 6.01 Standards of Performance Project or compensation therefor, such new taxes, fees, or costs shall be invoiced to and paid by OWNER as a A. (Modified) The standard of care for all professional Reimbursable Expense to which a Factor of 1.0 shall be engineering and related services performed or furnished by applied. Should such taxes, fees, or costs be imposed, they ENGINEER under this Agreement will be the care and skill shall be in addition to ENGINEER’s estimated total ordinarily used by of the applicable disciplines, including, but compensation. not limited to, surveyors and professional engineers,

practicing under similar circumstances at the same time and in G. (Added) Indebtedness. If ENGINEER, at any time the same locality. during the term of this agreement, incurs a debt, as the word is defined in section 2-662 of the Code of Ordinances of the B. (Modified) All professionals performing services City of Baytown, it shall immediately notify the OWNER’s under this Agreement shall be responsible for the technical Director of Finance in writing. If the OWNER’s Director of accuracy of their services, and OWNER shall not be Finance becomes aware that the ENGINEER has incurred a responsible for discovering deficiencies therein. ENGINEER debt, the OWNER’s Director of Finance shall immediately shall correct such deficiencies without additional notify the ENGINEER in writing. If the ENGINEER does compensation except to the extent such action is directly not pay the debt within 30 days of either such notification, attributable to deficiencies in OWNER-furnished information the OWNER’s Director of Finance may deduct funds in an

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upon which ENGINEER is authorized to rely as provided in due diligence and was not otherwise required to certify, Section 6.01.E. guarantee or warrant the existence of such conditions.

C. ENGINEER shall perform or furnish professional I. During the Construction Phase, ENGINEER shall engineering and related services in all phases of the Project to not supervise, direct, or have control over Contractor’s work, which this Agreement applies. ENGINEER shall serve as nor shall ENGINEER have authority over or responsibility for OWNER’s prime professional for the Project. Such the means, methods, techniques, sequences, or procedures of professionals shall be appropriately licensed and/or registered construction selected by Contractor, for safety precautions and to practice in the State of Texas. ENGINEER may employ programs incident to the Contractor’s work in progress, nor such ENGINEER’s Consultants as ENGINEER deems for any failure of Contractor to comply with Laws and necessary to assist in the performance or furnishing of the Regulations applicable to Contractor’s furnishing and services. ENGINEER shall not be required to employ any performing the Work. ENGINEER’s Consultant unacceptable to ENGINEER. J. (Modified) ENGINEER neither guarantees the D. ENGINEER and OWNER shall comply with performance of any Contractor nor assumes responsibility for applicable Laws or Regulations and OWNER-mandated any Contractor’s failure to furnish and perform the Work in standards. This Agreement is based on these requirements as accordance with the Contract Documents. However, nothing of its Effective Date. Changes to these requirements after the contained in this paragraph shall be construed so as to absolve Effective Date of this Agreement may be the basis for ENGINEER from liability for any such failure about which modifications to OWNER’s responsibilities or to ENGINEER knew or should have known existed in the ENGINEER’s scope of services, times of performance, or exercise of ENGINEER’s services under this Agreement. compensation. K. (Modified) ENGINEER shall not be responsible for E. (Modified) OWNER shall be responsible for, and the acts or omissions of any Contractor(s), subcontractor or ENGINEER may rely upon, the accuracy and completeness of supplier, or of any of the Contractor’s agents or employees or all requirements, programs, instructions, reports, data, and any other persons (except ENGINEER’s own employees and other information furnished by OWNER to ENGINEER its consultants for which it is legally liable) at the Site or pursuant to this Agreement, unless expressly stated or otherwise furnishing or performing any of the Contractor’s communicated otherwise by OWNER. ENGINEER may use work; or for any decision made on interpretations or such requirements, reports, data, and information in clarifications of the Contract Documents given by OWNER performing or furnishing services under this Agreement. without consultation and advice of ENGINEER.

F. OWNER shall make decisions and carry out its other L. (Modified) The General Conditions for any responsibilities in a timely manner and shall bear all costs construction contract documents prepared hereunder are to be incident thereto so as not to delay the services of ENGINEER. the Standard Form of Agreement between Owner and Contractor and as approved by OWNER in writing.

G. Prior to the commencement of the Construction 6.02 Authorized Project Representatives Phase, OWNER shall notify ENGINEER of any variations from the language indicated in Exhibit E, “Notice of A. Contemporaneous with the execution of this Acceptability of Work,” or of any other notice or certification Agreement, ENGINEER and OWNER shall designate that ENGINEER will be requested to provide to OWNER or specific individuals to act as ENGINEER’s and OWNER’s third parties in connection with the Project. OWNER and representatives with respect to the services to be performed or ENGINEER shall reach agreement on the terms of any such furnished by ENGINEER and responsibilities of OWNER requested notice or certification, and OWNER shall authorize under this Agreement. Such individuals shall have authority such Additional Services as are necessary to enable to transmit instructions, receive information, and render ENGINEER to provide the notices or certifications requested. decisions relative to the Project on behalf of each respective party. H. (Modified) ENGINEER shall not be required to sign any documents, no matter by whom requested, that would 6.03 Design without Construction Phase Services result in ENGINEER’s having to certify, guarantee or warrant the existence of conditions whose existence ENGINEER (Deleted) cannot ascertain; provided, that ENGINEER has exercised

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transferred. The party delivering the electronic files will 6.04 Use of Documents correct any errors detected within the 60-day acceptance period. ENGINEER shall not be responsible to maintain A. (Modified) Upon execution of this Agreement, the documents stored in electronic media format after acceptance ENGINEER grants to the OWNER an ownership interest in by OWNER. the Instruments of Service. The ENGINEER shall obtain similar interests from the ENGINEER’s consultants consistent E. When transferring documents in electronic media with this Agreement. Within seven days of any termination or format, ENGINEER makes no representations as to long-term expiration of this Agreement, the ENGINEER shall be compatibility, usability, or readability of documents resulting required to tender to OWNER all Instruments of Service; from the use of software application packages, operating provided OWNER has paid all monies, excluding any systems, or computer hardware differing from those used by disputed amount, due and owing to ENGINEER in ENGINEER at the beginning of this Project. accordance with this Agreement. With such ownership interest, it is expressly understood by the parties hereto that F. (Modified) Any use of the Documents on any the OWNER may use the Instruments of Service for any extension of the Project or on any other project shall be at purposes which the OWNER sees fit, including, but not OWNER’s sole risk and OWNER hereby releases limited to, subsequent construction, reconstruction, alteration, ENGINEER from any liability associated solely with the reuse and/or repairs of the Project. As a condition to the OWNER’s of the Documents. use of the Instruments of Service, the OWNER hereby expressly agrees to remove the ENGINEER’s name and all G. If there is a discrepancy between the electronic files references to the ENGINEER, and its consultants from the and the hard copies, the hard copies govern. Documents. The OWNER hereby releases any and all claims which the OWNER could make arising out of or in connection H. Any verification or adaptation of the Documents for with any reuse of the documents by the OWNER. This extensions of the Project or for any other project will entitle release of claims for the matters covered in this Paragraph ENGINEER to further compensation at rates to be agreed 6.04.A shall be for the benefit of the ENGINEER, its officers, upon by OWNER and ENGINEER. and employees and sub-consultants, as well as their successors and assigns. 6.05 Insurance

B. (Modified) Copies of OWNER-furnished data that A. ENGINEER shall procure and maintain insurance as may be relied upon by ENGINEER are limited to the printed set forth in Exhibit G, “Insurance.” copies that are delivered to ENGINEER pursuant to Exhibit B unless otherwise expressly stated or communicated by B. Not used. OWNER. Files in electronic media format of text, data, graphics, or of other types that are furnished by OWNER to C. Not used. ENGINEER are only for convenience of ENGINEER. Any conclusion or information obtained or derived from such D. Not used. electronic files will be at the user’s sole risk. E. Not used. C. Copies of Documents that may be relied upon by OWNER are limited to the printed copies (also known as hard F. At any time, OWNER may request that ENGINEER, copies) that are signed or sealed by the appropriate at OWNER’s sole expense, provide additional insurance professional. Files in electronic media format of text, data, coverage, increased limits, or revised deductibles that are graphics, or of other types that are furnished by ENGINEER more protective than those specified in Exhibit G. If so to OWNER are only for convenience of OWNER. Any requested by OWNER, with the concurrence of ENGINEER, conclusion or information obtained or derived from such and if commercially available, ENGINEER shall obtain and electronic files will be at the user’s sole risk. shall require ENGINEER’s Consultants to obtain such additional insurance coverage, different limits, or revised D. Because data stored in electronic media format can deductibles for such periods of time as requested by OWNER, deteriorate or be modified inadvertently or otherwise without and Exhibit G will be supplemented to incorporate these authorization of the data’s creator, the party receiving requirements. electronic files agrees that it will perform acceptance tests or procedures within 60 calendar days, after which the receiving 6.06 Termination party shall be deemed to have accepted the data thus

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A. (Modified) The obligations hereunder may be terminated: B. Neither OWNER nor ENGINEER may assign, sublet, or transfer any rights under or interest (including, but 1. For cause, without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, a. (Modified) By either party upon 30 except to the extent that any assignment, subletting, or transfer calendar days written notice in the event of failure by is mandated or restricted by law. Unless specifically stated to the other party to perform in accordance with the the contrary in any written consent to an assignment, no terms hereof through no fault of the terminating assignment will release or discharge the assignor from any party; or duty or responsibility under this Agreement.

b. By ENGINEER upon seven calendar days’ C. Unless expressly provided otherwise in this written notice if ENGINEER is being requested by Agreement: OWNER to furnish or perform services contrary to ENGINEER’s responsibility as a licensed 1. Nothing in this Agreement shall be construed to professional. create, impose, or give rise to any duty owed by OWNER or ENGINEER to any Contractor, Contractor’s c. Notwithstanding the foregoing, this subcontractor, supplier, other individual or entity, or to Agreement will not terminate as a result of such any surety for or employee of any of them. substantial failure if the party receiving such notice begins, within seven calendar days of receipt of such 2. All duties and responsibilities undertaken notice, to correct its failure to perform and proceeds pursuant to this Agreement will be for the sole and diligently to cure such failure within no more than 30 exclusive benefit of OWNER and ENGINEER and not calendar days of receipt thereof; provided, however, for the benefit of any other party. The OWNER agrees that if and to the extent such substantial failure that the substance of the provisions of this paragraph cannot be reasonably cured within such 30 calendar 6.08.C shall appear in the Contract Documents. day period, and if such party has diligently attempted to cure the same and thereafter continues diligently 6.09 Not Used. to cure the same then the cure period provided for herein shall extend up to, but in no case more than 60 6.10 Hazardous Environmental Condition calendar days after the date of receipt of the notice. A. OWNER represents to ENGINEER that to the best 2. For convenience by OWNER effective upon the of its knowledge a Hazardous Environmental Condition does receipt of notice by ENGINEER. not exist.

B. Not used. B. (Modified) OWNER has disclosed to the best of its knowledge and belief to ENGINEER the existence of all 6.07 Controlling Law Asbestos, PCB’s, Petroleum, Hazardous Waste, or Radioactive Material located at or near the Site, including A. This Agreement is to be governed by the law of the type, quantity and location. state in which the Project is located. Venue for all purposes shall be in Harris County, Texas. C. (Modified) If a Hazardous Environmental Condition is encountered or alleged, ENGINEER shall have 6.08 Successors, Assigns, and Beneficiaries the obligation to notify OWNER on or before the next business day of the same. A. OWNER and ENGINEER each is hereby bound and the partners, successors, executors, administrators and legal D. It is acknowledged by both parties that representatives of OWNER and ENGINEER (and to the ENGINEER’s scope of services does not include any services extent permitted by paragraph 6.08.B the assigns of OWNER related to a Hazardous Environmental Condition. In the event and ENGINEER) are hereby bound to the other party to this ENGINEER or any other party encounters a Hazardous Agreement and to the partners, successors, executors, Environmental Condition, ENGINEER may, at its option and administrators and legal representatives (and said assigns) of without liability for consequential or any other damages, such other party, in respect of all covenants, agreements and suspend performance of services on the portion of the Project obligations of this Agreement. affected thereby until OWNER: (i) retains appropriate

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specialist consultant(s) or contractor(s) to identify and, as A. (Modified) All express representations, appropriate, abate, remediate, or remove the Hazardous indemnifications, and limitations of liability included in this Environmental Condition; and (ii) warrants that the Site is in Agreement will survive its completion or termination for any full compliance with applicable Laws and Regulations. reason. 6.14 Severability E. OWNER acknowledges that ENGINEER is performing professional services for OWNER and that A. Any provision or part of the Agreement held to be ENGINEER is not and shall not be required to become an void or unenforceable under any Laws or Regulations shall be “arranger,” “operator,” “generator,” or “transporter” of deemed stricken, and all remaining provisions shall continue hazardous substances, as defined in the Comprehensive to be valid and binding upon OWNER and ENGINEER, who Environmental Response, Compensation, and Liability Act of agree that the Agreement shall be reformed to replace such 1990 (CERCLA), which are or may be encountered at or near stricken provision or part thereof with a valid and enforceable the Site in connection with ENGINEER’s activities under this provision that comes as close as possible to expressing the Agreement. intention of the stricken provision.

F. If ENGINEER’s services under this Agreement 6.15 Waiver cannot be performed because of a Hazardous Environmental Condition, the existence of the condition shall justify A. Non-enforcement of any provision by either party ENGINEER's terminating this Agreement for cause on 30 shall not constitute a waiver of that provision, nor shall it calendar days’ notice. affect the enforceability of that provision or of the remainder of this Agreement. 6.11 Allocation of Risks 6.16 Headings A. (Modified) Indemnification. See Exhibit K. A. The headings used in this Agreement are for general B. (Added) Notwithstanding anything to the contrary reference only and do not have special significance. contained in this Agreement, the OWNER and ENGINEER hereby agree that no claim or dispute between the OWNER ARTICLE 7 - DEFINITIONS and ENGINEER arising out of or relating to this Agreement ______shall be decided by any arbitration proceeding including, without limitation, any proceeding under the Federal 7.01 Defined Terms Arbitration Act (9 U.S.C. Sections 1-14), or any applicable State arbitration statute, including, but not limited to, the A. Wherever used in this Agreement (including the Texas General Arbitration Act, provided that in the event Exhibits hereto) and printed with initial or all capital letters, that the OWNER is subjected to an arbitration proceeding the terms listed below have the meanings indicated, which notwithstanding this provision, ENGINEER consents to be are applicable to both the singular and plural thereof: joined in the arbitration proceeding if ENGINEER’S presence is required or requested by the OWNER for 1. Addenda--Written or graphic instruments issued complete relief to be recorded in the arbitration proceeding. prior to the opening of Bids which clarify, correct, or change the Bidding Documents. 6.12 Notices 2. Additional Services--The services to be performed A. (Modified) Any notice required under this for or furnished to OWNER by ENGINEER in accordance Agreement will be in writing, addressed to the appropriate with Exhibit A, Part 2 of this Agreement. party at its address on the signature page and given personally, or by registered or certified mail postage prepaid, or by a 3. Agreement--This “Standard Form of Agreement commercial courier service. Additionally, notices may be between OWNER and ENGINEER for Professional given via facsimile or by electronic mail if such notice is also Services,” including those Exhibits listed in Article 8 hereof. given personally, or by registered or certified mail or by a commercial courier service. All notices shall be effective 4. Application for Payment--The form acceptable to upon the date of receipt. ENGINEER which is to be used by Contractor in requesting progress or final payments for the completion of its Work and 6.13 Survival which is to be accompanied by such supporting documentation as is required by the Contract Documents.

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notice of award) when attached as an exhibit to the 5. Asbestos--Any material that contains more than one Construction Agreement, the notice to proceed, the bonds, percent asbestos and is friable or is releasing asbestos fibers appropriate certifications, insurance documents the General into the air above current action levels established by the Conditions, the Supplementary Conditions, the Specifications United States Occupational Safety and Health Administration. and the Drawings as the same are more specifically identified in the Construction Agreement, together with all Written 6. Basic Services--The services to be performed for or Amendments, Change Orders, Work Change Directives, Field furnished to OWNER by ENGINEER in accordance with Orders, and ENGINEER’s written interpretations and Exhibit A, Part 1, of this Agreement. clarifications issued on or after the Effective Date of the Construction Agreement. Approved Shop Drawings and the 7. Bid--The offer or proposal of the bidder submitted reports and drawings of subsurface and physical conditions on the prescribed form setting forth the prices for the Work to are not Contract Documents. be performed. 14. Contract Price--The moneys payable by OWNER to 8. Bidding Documents--The advertisement or invitation Contractor for completion of the Work in accordance with the to Bid, instructions to bidders, the Bid form and attachments, Contract Documents and as stated in the Construction the Bid bond, if any, the proposed Contract Documents, and Agreement. all Addenda, if any. 15. Contract Times--The numbers of calendar days or 9. Change Order--A document recommended by the dates stated in the Construction Agreement to: (i) achieve ENGINEER, which is signed by Contractor and OWNER to Final Completion, and (ii) complete the Work so that it is authorize an addition, deletion or revision in the Work, or an ready for final payment as evidenced by ENGINEER’s written adjustment in the Contract Price or the Contract Times, issued recommendation of final payment. on or after the Effective Date of the Construction Agreement. 16. Contractor--An individual or entity with whom 10. Construction Agreement--The written instrument OWNER enters into a Construction Agreement. which is evidence of the agreement, contained in the Contract Documents, between OWNER and Contractor covering the 17. Correction Period--The time after Final Completion Work. during which Contractor must correct, at no cost to OWNER, any Defective Work, normally one year after the date of Final 11. Construction Contract--The entire and integrated Completion or such longer period of time as may be written agreement between the OWNER and Contractor prescribed by Laws or Regulations or by the terms of any concerning the Work. applicable special guarantee or specific provision of the Contract Documents. 12. Construction Cost--The cost to OWNER of those portions of the entire Project designed or specified by 18. Defective--An adjective which, when modifying the ENGINEER. Construction Cost does not include costs of word Work, refers to Work that is unsatisfactory, faulty, or services of ENGINEER or other design professionals and deficient, in that it does not conform to the Contract consultants, cost of land, rights-of-way, or compensation for Documents, or does not meet the requirements of any damages to properties, or OWNER’s costs for legal, inspection, reference standard, test, or approval referred to in accounting, insurance counseling or auditing services, or the Contract Documents, or has been damaged prior to interest and financing charges incurred in connection with the ENGINEER’s recommendation of final payment. Project, or the cost of other services to be provided by others to OWNER pursuant to Exhibit B of this Agreement. 19. Documents--Data, reports, Drawings, Specifications, Construction Cost is one of the items comprising Total Project Record Drawings, and other deliverables, whether in printed Costs. or electronic media format, provided or furnished in appropriate phases by ENGINEER to OWNER pursuant to 13. (Modified) Contract Documents--Documents that this Agreement. establish the rights and obligations of the parties engaged in construction and include the Construction Agreement between 20. Drawings--That part of the Contract Documents OWNER and Contractor and all documents referenced prepared or approved by ENGINEER which graphically therein, Addenda (which pertain to the Contract Documents), shows the scope, extent, and character of the Work to be Contractor’s Bid (including documentation accompanying the performed by Contractor. Shop Drawings are not Drawings as Bid and any post-Bid documentation submitted prior to the so defined.

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21. Effective Date of the Construction Agreement--The 31. Petroleum--Petroleum, including crude oil or any date indicated in the Construction Agreement on which it fraction thereof which is liquid at standard conditions of becomes effective, but if no such date is indicated, it means temperature and pressure (60 degrees Fahrenheit and 14.7 the date on which the Construction Agreement is signed and pounds per square inch absolute), such as oil, petroleum, fuel delivered by the last of the two parties to sign and deliver. oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 22. Effective Date of the Agreement--The date indicated in this Agreement on which it becomes effective, but if no 32. Radioactive Materials--Source, special nuclear, or such date is indicated, it means the date on which the byproduct material as defined by the Atomic Energy Act of Agreement is signed and delivered by the last of the two 1954 (42 USC Section 2011 et seq.) as amended from time to parties to sign and deliver. time.

23. ENGINEER’s Consultants or Consultants-- 33. Record Drawings--The Drawings as issued for Individuals or entities having a contract with ENGINEER to construction on which the ENGINEER, upon completion of furnish services with respect to this Project as ENGINEER’s the Work, has shown changes due to Addenda or Change independent professional associates, consultants, Orders and other information which ENGINEER considers subcontractors, or vendors. The term ENGINEER includes significant based on record documents furnished by ENGINEER’s Consultants. Contractor to ENGINEER and which were annotated by Contractor to show changes made during construction. 24. Field Order--A written order issued by ENGINEER which directs minor changes in the Work but which does not 34. Reimbursable Expenses--The expenses incurred involve a change in the Contract Price or the Contract Times. directly by ENGINEER in connection with the performing or furnishing of Basic and Additional Services for the Project for 25. Final Completion shall mean that all work has been which OWNER shall pay ENGINEER as indicated in Exhibit completed, all final punch list items have been inspected and C. satisfactorily completed, all payments to subcontractors have been made, all documentation and warranties have been 35. Resident Project Representative--The authorized submitted, all closeout documents have been executed and representative of ENGINEER, if any, assigned to assist approved by the OWNER, and the Project has been finally ENGINEER at the Site during the Construction Phase. The accepted by the OWNER. Resident Project Representative will be ENGINEER’s agent or employee and under ENGINEER’s supervision. As used 26. General Conditions-That part of the Contract herein, the term Resident Project Representative includes any Documents which sets forth terms, conditions, and procedures assistants of Resident Project Representative agreed to by that govern the Work to be performed or furnished by OWNER. The duties and responsibilities of the Resident Contractor with respect to the Project. Project Representative are as set forth in Exhibit D.

27. Hazardous Environmental Condition--The presence 36. Samples--Physical examples of materials, equipment, at the Site of Asbestos, PCB’s, Petroleum, Hazardous Waste, or workmanship that are representative of some portion of the or Radioactive Materials in such quantities or circumstances Work and which establish the standards by which such portion that may present a substantial danger to persons or property of the Work will be judged. exposed thereto in connection with the Work. 37. Shop Drawings--All drawings, diagrams, 28. Hazardous Waste--The term Hazardous Waste shall illustrations, schedules, and other data or information which have the meaning provided in Section 1004 of the Solid Waste are specifically prepared or assembled by or for Contractor Disposal Act (42 USC Section 6903) as amended from time to and submitted by Contractor to ENGINEER to illustrate some time. portion of the Work.

29. Laws and Regulations; Laws or Regulations--Any 38. Site--Lands or areas indicated in the Contract and all applicable laws, rules, regulations, ordinances, codes, Documents as being furnished by OWNER upon which the standards, and orders of any and all governmental bodies, Work is to be performed, rights-of-way and easements for agencies, authorities, and courts having jurisdiction. access thereto, and such other lands furnished by OWNER which are designated for use of Contractor. 30. PCB’s--Polychlorinated biphenyls.

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39. Specifications--That part of the Contract Documents after the Effective Date of the Construction Agreement and consisting of written technical descriptions of materials, normally dealing with the non-engineering or non-technical equipment, systems, standards, and workmanship as applied to rather than strictly construction-related aspects of the Contract the Work and certain administrative details applicable thereto. Documents.

40. Substantial Completion--The time at which the Work (or a specified part thereof) has progressed to the point where, ARTICLE 8 - EXHIBITS AND SPECIAL in the opinion of ENGINEER, the Work (or a specified part PROVISIONS thereof) is sufficiently complete, in accordance with the ______Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is 8.01 Exhibits Included intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work A. Exhibit A, “ENGINEER’s Services,” consisting of refer to Substantial Completion thereof. nine (9) pages.

41. Supplementary Conditions--That part of the Contract B. Exhibit B, “OWNER’s Responsibilities,” consisting Documents which amends or supplements the General of two (2) pages. Conditions. C. Exhibit C, “Payments to ENGINEER for Services 42. (Modified) Total Project Costs--The sum of the and Reimbursable Expenses,” consisting of two (2) pages. Construction Cost, allowances for contingencies, the total costs of services of ENGINEER or other design professionals D. Exhibit D, “Duties, Responsibilities and Limitations and consultants, cost of land, rights-of-way, compensation for of Authority of Resident Project Representative, “ is not used. damages to properties, OWNER’s costs for legal, accounting, insurance counseling or auditing services, interest and E. Exhibit E, “Notice of Acceptability of Work,” is financing charges incurred in connection with the Project, and consisting of two (2) pages. the cost of other services to be provided by others to OWNER pursuant to Exhibit B of this Agreement. F. Exhibit F, “Construction Cost Limit,” is not used.

43. Work--The entire completed construction or the G. Exhibit G, “Insurance,” consisting of two (2) pages. various separately identifiable parts thereof required to be provided under the Contract Documents with respect to this H. Exhibit H, “Dispute Resolution,” is not used. Project. Work includes and is the result of performing or furnishing labor, services, and documentation necessary to I. Exhibit I, “Allocation of Risks,” is not used. produce such construction and furnishing, installing, and incorporating all materials and all equipment into such J. Exhibit J, “Special Provisions” is not used. construction, all as required by the Contract Documents. K. (Added) Exhibit K, “Indemnification” consisting of 44. Work Change Directive--A written directive to two (2) pages. Contractor issued on or after the Effective Date of the Construction Agreement and signed by OWNER upon 8.02 Total Agreement recommendation of the ENGINEER, ordering an addition, deletion, or revision in the Work, or responding to differing or A. This Agreement (consisting of pages 1 to 12 unforeseen subsurface or physical conditions under which the inclusive, together with the Exhibits identified above) Work is to be performed or to emergencies. A Work Change constitutes the entire agreement between OWNER and Directive will not change the Contract Price or the Contract ENGINEER and supersedes all prior written or oral Times but is evidence that the parties expect that the change understandings. This Agreement may only be amended, directed or documented by a Work Change Directive will be supplemented, modified, or canceled by a duly executed incorporated in a subsequently issued Change Order following written instrument. This Agreement along with the exhibits negotiations by the parties as to its effect, if any, on the shall be read and construed as the same Agreement. Contract Price or Contract Times.

45. Written Amendment--A written amendment of the Contract Documents signed by OWNER and Contractor on or

Standard Form of Agreement Between Owner and Engineer for Professional Services Page 11 of 12

IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1.

OWNER: CITY OF BAYTOWN ENGINEER: KIMLEY-HORN AND ASSOCIATES, INC.

Signature: ______Signature: ______

Printed Name: Robert D. Leiper Printed Name: ______

Title: City Manager Title: ______

Date Signed: Date Signed: ______

Address for giving notices: Address for giving notices:

P.O. Box 424 12012 Wickchester Lane, Suite 500

Baytown, Texas 77522 Houston, TX, 77079

Designated Representative (paragraph 6.02.A): Designated Representative (paragraph 6.02.A):

Name: Jose A. Pastrana, P.E. Name: Constance C. Curtis, P.E

Title: Director of Engineering Title: ______

Phone Number: (281) 420-7154 Phone Number: (281) 920-6578

Facsimile Number: (281) 420-6586 Facsimile Number: (972) ______

E-Mail Address: [email protected] E-Mail Address: ______

Standard Form of Agreement Between Owner and Engineer for Professional Services Page 12 of 12

This is EXHIBIT A, consisting of 9 pages, referred to in and part of the Agreement between OWNER and ENGINEER for Professional Services dated ______.

Initial: OWNER

ENGINEER

ENGINEER’s Services

Article 1 of the Agreement is amended and supplemented to include the following agreement of the parties. ENGINEER shall provide Basic and Additional Services as set forth below.

PART 1 -- BASIC SERVICES (Modified)

A1.005 Surveying/Environmental Services

A. ENGINEER shall

1. Engage a consultant, namely a registered professional land surveyor licensed in the State of Texas, to conduct a survey of the following:  approximately 200 linear feet south of Eastbound Interstate Highway 10 to 550 linear feet south of existing West Cedar Bayou-Lynchburg Road along Bush Road (approximately 8,800 linear feet). The survey will include property and right-of-way lines within 200 linear feet of the proposed San Jacinto Boulevard centerline;  The platted ROW along San Jacinto Boulevard from IH-10 to Lone Star Avenue (including intersection corner clips at Lone Star Avenue);  The property lines in the area near the future extension of Hunt Road, from the proposed San Jacinto Boulevard centerline to the platted ROW of the existing Hunt Road near the Academy development. (approximately 3,000 linear feet);  The property lines in the area near the future extension of Santavy Street, from the proposed San Jacinto Boulevard centerline to a point approximately 500 linear feet east along the north property line of the Occidental Chemical Corporation property;  The existing Archer Road ROW, from the proposed San Jacinto Boulevard centerline to a point approximately 400 linear feet east and 400 linear feet west of the proposed San Jacinto Boulevard centerline;  The existing Connally Road ROW, from the proposed San Jacinto Boulevard centerline to a point approximately 400 linear feet east and 400 linear feet west of the proposed San Jacinto Boulevard centerline; and  The existing West Cedar Bayou-Lynchburg Road ROW, from the proposed San Jacinto Boulevard centerline to a point approximately 400 linear feet east and 400 linear feet west of the proposed San Jacinto Boulevard centerline, which surveying services shall include but not be limited to, the following: a. Data Collection and Property Research (1) Gather existing property information necessary to provide formal narrative and graphical descriptions of the proposed ROW (and potentially adjacent easements); (2) Collect property owner and record information; (3) Gather existing right-of-way and easement information. Identify easements available through typical research methodologies (i.e. plats, court house filings, etc.). Undocumented easements may not be identified (4) Arrange, and make reasonable efforts to solicit, access to the private properties to perform the field services specified within this scope. (5) Use an OWNER-approved Right-of-Entry form limited to field survey services only; and (6) Provide to the OWNER the names and addresses of the affected property owners; b. Design Survey (1) Collect all survey information based on the U.S. Survey Feet and Surface Coordinates

Page 1 of 9 Pages (EXHIBIT A - Scope of Work)

(2) Perform a limited field survey to identify and locate the following field data along the proposed San Jacinto Blvd. alignment: (a) Property comer monumentation (b) Fences (c) Existing pavement edge and back of curbs (where applicable) (d) Buildings and permanent structures within 200 feet of the proposed corridor (e) 180' wide cross sections (90' either side of the proposed roadway centerline) at 200 foot intervals and at major breaks, including break lines and adequate detail to develop a surface representative of the existing topography along the proposed San Jacinto Blvd. alignment. (3) Establish horizontal and vertical control points (a) Establish a vertical control benchmark circuit as needed throughout the project. OWNER to provide established permanent monument information for the area. (b) Set up to four permanent control monuments approximately every 2,000 feet alternating on both sides of the proposed San Jacinto Boulevard centerline with an assigned elevation. (c) Tie Horizontal and Vertical to the OWNER's control benchmarks, which datum will be NAD 83 and NAVD 87, respectively. (d) Before setting the control points, submit sketched and specifications to the OWNER for approval. (e) Prepare digital planimetric base mapping in 2D AutoCAD showing the features located in the field, an ASCII coordinate file of the points located in the field, and a hard copy of the coordinates and feature descriptions. (f) Prepare Digital Terrain Model and 1-foot contours in a 3D AutoCAD format (including contours and breaklines) showing the features located in the field, an ASCII coordinate file of the points located in the field, and a hard copy of the coordinates and feature descriptions.

2. Coordinate with surveyor consultant, including providing the following services: a. Perform up to two (2) site visits to review topographic information provided by ENGINEER’s consultant surveyor for general compliance with the scope of services and observed field conditions b. Review Digital Terrain Model and 1-foot contours provided by surveyor for general compliance with the scope of services and observed field conditions c. Review electronic base files provided by surveyor in preparation for preliminary roadway design

3. Provide the following Environmental services to provide a qualitative assessment (i) to evaluate the potential presence of U.S. Army Corps of Engineers' (Corps) criteria for jurisdictional open waters, streams, and wetlands that may be subject to Corps and the Environmental Protection Agency Section 404/401 permit requirements along the proposed alignment. (ii) to make observations to address the June 2007 Post-Rapanos joint, EPA and Corps, guidance on Jurisdiction, which observations will be made under the applicable guidance at the time of the observations, including, but not limited to, the following services: a. Field Reconnaissance and Site Visit Letter Report (1) Review of readily available aerial photography and published data for the project, including historical aerials, USGS topographic maps and USDA soils maps; (2) Perform field reconnaissance of the proposed alignment to determine the approximate extent of potentially jurisdictional wetlands and other waters of the U.S. {if present) that may be subject to Section 404/401. (a) The locations of ground level photographs and representative aquatic features will be collected with a mapping grade GPS unit. (b) The GPS data will be used for mapping the general locations of the features. (c) ENGINEER anticipates the need to flag and survey the jurisdictional areas if they are within the proposed roadway alignment. (3) If positive indicators for all three wetland indictors (hydrology, hydric vegetation, and

Page 2 of 9 Pages (EXHIBIT A - Scope of Work)

confirmed hydric soils conditions) are observed, recommend that the areas be delineated in accordance with Corps' approved methodology (commonly referred to as using the '1987 Manual'), as modified by the appropriate Regional Supplement to the Corps of Engineers Wetland Delineation Manual, which delineation can be performed as additional services by ENGINEER upon written request of OWNER after additional engineering fee has been agreed upon. (4) Prepare and issue to OWNER a letter report to describe ENGINEER’S findings and to provide an initial permit strategy, if needed, relating to 404 permitting. (a) The report will contain a narrative description and sketches of wetlands, streams, open water, and areas of concern, if observed during the site visit. (b) Mapping will be of the appropriate size and scale to facilitate planning relative to Corps' jurisdiction along the alignment. (c) Mapping will be performed in ArcGIS but is easily converted to CAD when necessary. (d) The report will discuss potential permitting scenarios based on field observations and review of the proposed alignment. (e) Details for specific types of permitting will be provided, along with potential alignment adjustment considerations based on limited field observations. (5) Make limited observations relative to the quality of the observed aquatic features to facilitate a brief discussion on mitigation requirements. (6) If based upon potential impacts to areas thought to be under Corps' jurisdiction, recommend as appropriate, more detailed studies to support ENGINEER’S findings and facilitate coordination with the Corps, which studies can be performed as additional services by ENGINEER upon written request of OWNER after additional engineering fee has been agreed upon.

4. Furnish three (3) copies of the survey and environmental report plus one (1) electronic copy of each to OWNER within one hundred twenty-six (126) calendar days of authorization to begin services and review it with OWNER.

A1.01 Preliminary Design Phase

A. ENGINEER shall:

1. Consult with OWNER to define and clarify OWNER’s requirements for the Project and available data.

2. Advise OWNER as to the necessity of OWNER’s providing data or services of the types described in Exhibit B, which are not part of ENGINEER’s Basic Services, and assist OWNER in obtaining such data and services.

3. (Modified) Identify, consult with, and analyze requirements of OWNER, Union Pacific Railroad, the U.S. Army Corps of Engineers, utility companies (phone, gas, electricity and cable), the Texas Department of Transportation, and all other governmental authorities having jurisdiction to issue permit or to approve the portions of the Project designed or specified by ENGINEER, including, but not limited to, mitigating measures identified in the environmental assessment (if any).

4. Identify and evaluate potential solutions available to OWNER; and, after consultations with OWNER, recommend to OWNER those solutions which in ENGINEER’s judgment meet OWNER’s requirements for the Project.

5. (Modified) Attend meetings with OWNER to receive input into OWNER’S requirements for the Project and evaluation of potential solutions available to OWNER and to discuss and finalize design criteria and acquire pertinent information regarding the Project.

6. (Modified) Perform or provide the following additional Preliminary Design Phase tasks or deliverables:

Page 3 of 9 Pages (EXHIBIT A - Scope of Work)

(a) Project Management (1) Develop project communication plan  Develop project contact list  Conduct progress meetings to monitor the development of the project and to coordinate design issues.  Prepare and e-mail weekly progress reports to the OWNER. (2) Develop project production plan  Document design criteria chart (coordinate with OWNER’S staff at the project kick-off meeting) o Design speed o Pavement design parameters Horizontal alignment design criteria Vertical alignment design criteria o Typical section requirements (lane, median, sidewalk, and parkway widths, etc.) o Intersection design criteria o Driveway design guidelines (commercial and residential)  Develop role and assignment definitions (coordinate with OWNER’S staff at the project kick off meeting)  Develop project schedule and interim milestones (coordinate with OWNER’S staff at the project kick-off meeting) (3) Project Administration  Prepare project correspondence and invoicing documents (b) Data Collection (1) Roadway  OWNER design criteria  OWNER standard details  Other applicable OWNER’S ordinances  Construction contract document standards  OWNER infrastructure and master thoroughfare plan (MTP) requirements  Proposed/existing development plats and traffic impact analysis reports for properties adjacent to the project  Future San Jacinto Boulevard right-of-way information and typical section  Barrier free ramp standard details (2) Drainage • OWNER’S drainage manual • Storm drainage master plan (if available) • Existing storm drainage facilities I record drawings • Existing hydraulic models for Goose Creek (if available) (3) Utilities  Existing water line locations/record drawings  Water master plan requirements  Existing sanitary sewer line locations/record drawings  Sanitary sewer master plan requirements  OWNER’S utility relocation requirements (if applicable) (4) Streetscape • OWNER standards regarding medians, crosswalks, plantings, irrigation, street lighting, etc. (c) Project site visits (d) Roadway (1) Prepare preliminary roadway alignment  Prepare typical sections o Existing and Proposed  Prepare preliminary plan and profile (roll plot format, 1"=40' scale). Items to be included: o Plan • Control data • Existing I proposed right-of-way

Page 4 of 9 Pages (EXHIBIT A - Scope of Work)

• Limited existing topography • Limited existing pavement • Existing driveway locations • Existing storm drain locations • Existing water line locations • Existing sanitary sewer line locations • Existing franchise utility locations (relying upon information provided by franchise utilities) • Proposed centerline alignment and horizontal curve data • Proposed face of curb • Proposed medians • Proposed transition pavement tie-ins to existing pavement • Proposed storm sewer and culvert alignments only (no inlet or pipe sizing) • (Proposed commercial and residential driveways will be included in the final design) o Profile • Existing Ground Profile and Proposed Vertical Alignment • Superelevation Data (if required) (e) Drainage (1) Compile the hydrological and hydraulic data (2) Develop the project drainage area map  Determine conveyance paths, channel slopes, time of concentration, and runoff coefficients to calculate design-year flows  Subdivide the overall drainage areas into sub-areas and calculate the discharge at each inlet.  Analyze inlet capacities and adjust inlet locations and sub-areas as needed to meet OWNER design criteria. (3) Analyze drainage improvements to accommodate the new roadway. (4) Evaluate the need for any offsite drainage improvements and report to the OWNER (the need for offsite improvements is not anticipated). The design of any offsite drainage improvements will be considered as Additional Services. Additional Services will be performed only upon written authorization of OWNER after additional engineering fee has been agreed upon. (5) Identify the need for additional drainage easements to accommodate the proposed drainage improvements. (f) Compile and prepare a preliminary opinion of probable construction cost for the entire project using recent average unit bid prices which are representative of similar types of construction in the local area (g) Preliminary design submittal

7. (Modified) Prepare a preliminary design submittal, which will contain preliminary roadway alignment (plan and profile), preliminary drainage area map, and the preliminary opinion of probable construction cost for the alternative which is so recommended for the Project per the approved Preliminary Alignment Report with each component separately itemized, including the following, which will be separately itemized: opinion of probable construction cost, allowances for contingencies, and for the estimated total project costs.

8. Furnish three (3) review copies of the draft preliminary design submittal plus one (1) electronic copy to OWNER within one hundred eighty-two (182) calendar days of authorization to begin services and review the preliminary design submittal with OWNER.

9. Furnish three (3) final copies of the preliminary design submittal plus one electronic copy to OWNER within ten (10) calendar days after reviewing the draft of such submittal with OWNER.

B. (Modified) ENGINEER’s services under the Preliminary Design Phase will be considered complete on the date when the final copies of the preliminary design submittal has been delivered to and accepted by OWNER.

Page 5 of 9 Pages (EXHIBIT A - Scope of Work)

A1.015 Right-of-way (ROW) Services

A. Upon written authorization from OWNER, ENGINEER shall:

1. Engage a consultant, namely a registered professional land surveyor licensed to do business in the State of Texas, a. To provide a ROW Strip Map, which will be provided on standard size plan sheet (22"x34") at a scale not smaller than 1" = 30', will be sealed, dated, and signed by a Registered Professional Land, and will include the following: (1) Standard OWNER title page including location map (2) Summary sheet listing all parcels to be acquired, property owners, gross area of property, square footage and type of easements, net area of property after acquisition, a column for volume and page of filing, and current volume and page (3) Comers of all parcels tied to the centerline (4) Location of all existing property pins, including station and offset to the centerline (5) Location of all proposed property pins, including station and offset to the centerline (6) Parcel number (7) Area required (8) Area remaining (9) Current owner (10) Any existing platted easements or easements filed by separate instrument including easements provided by utility companies; and b. To prepare a final drawing in digital format of the right-of-way strip map information, an ASCII coordinate file of the points located in the field, and a hard copy of the coordinates and feature descriptions

2. Engage a consultant to perform services related to ROW/Easement Instruments of Conveyance, including, but not limited to the following: a. Prepare right-of-way instruments (narrative and graphic exhibits of right-of-way takes) (1) Up to twelve (12) parcels (2) Parcel instruments will be invoiced on a per each basis b. Prepare easement instruments (narrative and graphic exhibits of easements required for drainage, OWNER’S utilities, temporary construction, encroachment, etc.) (1) Up to twenty (20) parcels (2) Parcel instruments will be invoiced on a per each basis as necessary (3) Parcels will be assessed on an individual basis to determine the appropriate instrument required for construction activities (Temporary Construction Easement, Right of Entry, etc.) c. Provide individual parcel exhibits in draft format to the ENGINEER and OWNER for review d. Upon written notification by OWNER of acceptance of the right-of-way strip map, exhibits and instruments, and as directed by OWNER, set all comers and points of curvature for the proposed right-of-way and submit final sealed plans and exhibits, including location of the control points and their NAD-83 reference. This Scope of Services is based upon there only being one notice to proceed from the OWNER to perform all the field work required to set all the new property corners at one time e. Any changes or modifications to the right-of-way or easement documents because of design changes requested by OWNER will be considered Additional Services. Additional Services shall be performed only upon written authorization of OWNER after additional engineering fee has been agreed upon.

3. Coordinate with surveyor consultant regarding the ROW strip map and ROW/Easements Instruments of Conveyance, including providing the following services: a. Provide the surveyor consultant with a CAD file of the proposed San Jacinto Pkwy ROW. Using that file the surveyor will prepare a right-of-way strip map. b. Upon acceptance of the draft conveyance document(s) by the OWNER, prepare 8 ½ " x 11" property exhibits illustrating proposed improvements with the aerial photography in the background

Page 6 of 9 Pages (EXHIBIT A - Scope of Work)

4. Coordinate with ROW agent consultant (“ROW Agent”), including providing the following services: a. Respond to ROW Agent consultant or property owner questions, or property owner requests regarding adjustments to the proposed street design b. Prepare for and attend coordination meetings between ROW Agent consultant and OWNER’S staff.

5. Engage a consultant to perform services related to ROW Agent Services, including, but not limited to, the following: a. Provide acquisition planning and administration services, including the following (1) Upon written authorization from OWNER, the project will be released for ROW/Easement acquisition. A ROW acquisition kick-off meeting will be held with the OWNER, ENGINEER and ROW Agent to review fee simple acquisition service requirements and/or Right of Entry procedures for the Project. This step includes OWNER’S initiating the acquisition process by sending each property owner a formal notification of the project and the OWNER’S intentions for property acquisition (2) ENGINEER shall provide the ROW Agent with OWNER-approved ROW/Easement instruments (provided by the Engineer) and/or Right-of-Entry agreements (provided by OWNER) for its use. (3) ENGINEER shall provide the ROW Agent 8 ½ x 11" property exhibits illustrating proposed improvements with the aerial photography in the background) b. Perform pre-appraisal contact of affected property owners. (The surveyor's property owner information will be provided by the ENGINEER to the Agent for its use) c. Provide limited title services and appraisals. (1) Title services, title commitments, policies, closing and escrow services will be provided by a title company selected by OWNER and are not included as part of this contract. Title expenses will be paid directly by OWNER. (2) Appraisal services will be provided by an appraisal company selected by OWNER and are not included as part of this contract. Appraisal expenses will be paid directly by OWNER. (3) The ROW Agent will review the title documents and appraisals for its use during acquisition services d. Provide acquisition negotiations and coordination services, including, but not limited to, the following: (1) Subsequent to OWNER’S notification of the Project and its need for acquiring property to provide the public improvement, the ROW Agent will visit each property owner in person (within reasonable travel limits). The ROW Agent may or may not be accompanied by an OWNER’S representative depending on the circumstances (2) Following the initial property owner visits, the ROW Agent will meet with OWNER to discuss the appraisals and the specific circumstances associated with the property and its owner to determine an initial offer amount and strategy for acquisition. (3) The ROW Agent will prepare and send to each property owner an initial offer letter based upon the appraisal and OWNER-approved initial offer. Continued contact and negotiations will take place in an attempt to acquire the necessary property of interest. (4) At OWNER’S sole discretion, an amount of compensation may be tendered to the property owner for settlement. The ROW Agent will not offer compensation beyond the OWNER- authorized limits identified in Paragraph A1.015.A.5.d.(2) (5) In the event an offer is acceptable to the property owner, the ROW Agent will obtain the signatures of the property owner(s) of the subject parcel/easement on a Right-of-Entry agreement or an instrument conveying the property/easement to OWNER. Any compensation being paid to a property owner by OWNER shall be delivered or sent to the property owner by the ROW Agent. OWNER will be responsible for recording the necessary legal documents. (6) In the event that the property acquisition negotiations do not reach a point of mutual agreement, the ROW Agent will coordinate with OWNER in an effort to prepare and issue a Final Offer Letter to the property owner. There could be one of two likely outcomes: • If the property owner agrees to the Final Offer Letter, the ROW Agent will proceed in accordance with Paragraph A1.015.A.5.d..5.

Page 7 of 9 Pages (EXHIBIT A - Scope of Work)

• If the property owner does not respond to the Final Offer Letter by the deadline, the file for the subject parcel will be turned over to OWNER for its use in potential condemnation (eminent domain) proceedings. Any ENGINEER or ROW Agent services in support of any condemnation proceedings can be provided as an Additional Service performed only upon written authorization of OWNER after additional fees have been agreed upon e. Relocation Assistance Services for Residential, Business, Personal Property, Mini Storage Units and Outdoor Advertising Signs (ENGINEER anticipates two (2) residential and one (1) business relocation) (1) ROW Agent will provide Relocation Assistance Advisory Services for those identified as being displaced on this project in accordance with the OWNER’S Relocation Program and Section 21.046 of the Texas Property Code, as amended. (2) ROW Agent will provide Relocation Advisory Services include the following: (a) Notify all Displacees and potential Displacees of eligibility for relocation assistance. (b) At the time of initial contact, provide Displacees with OWNER’S Relocation Assistance Brochure, if available. (c) Provide on-going relocation assistance and advisory services to Displacees affected by the acquisition of right-of-way. On-going advisory services includes monitoring the move of which the frequency and manner must match the complexity of the relocation. (d) Compute and submit the request for relocation housing/rental supplement to OWNER on OWNER-approved forms. (e) Provide 90-day notice to vacate simultaneous with the delivery of relocation benefits package. The 90-day notice may not be delivered prior to a personal interview with the Displacee to determine the type, needs and eligibilities. (f) Provide 30-day notice once property has been acquired by OWNER. Note that the Displacee must be given a total of 90-days' notice. (g) Immediately notify OWNER if the Displacee does not move after 30-day notice expires. (h) Perform a decent, safe, and sanitary inspection of the replacement housing in accordance with OWNER’S policy (3) For Non-residential Moves, Negotiated Self-Moves (a) If the moving plan for a Negotiated Self-Move exceeds $20,000, prepare a move plan with appropriate photos and sketches along with inventory of personal property that is identified to be moved and submit same to OWNER for approval. This is required for pre-approval by OWNER. (b) If the moving plan for a Negotiated Self-Move is less than $20,000, prepare an abbreviated move plan for the business owner or tenant. This includes photos, written inventory list, type of move requested, and project move date. This is required for pre-approval by OWNER. (c) For all Negotiated Self-Moves, the ROW Agent is responsible for requesting moving estimates, at OWNER’S expense, from moving companies. Moving estimates must be obtained by the Agent and not the Displacee. Moving estimates must be prepared in writing and in the name of OWNER. (4) Coordinate and monitor moves with displaced homeowners, business owners, tenants, and with moving companies in accordance with the OWNER’S procedures. (5) Maintain relocation contact logs journaling all attempted and completed contacts with all Displacees. (6) Attend closings on replacement property if requested by any party involved, and assure supplemental payment is properly distributed. (7) Prepare all relocation payment claim submissions for all Displacees in accordance with the OWNER’S guidelines. (8) Deliver relocation payments in accordance with OWNER’S guidelines.  Provide an executed Certification of Eligibility for all Displacees.

Page 8 of 9 Pages (EXHIBIT A - Scope of Work)

A1.02 Final Design Phase Not included.

A1.03 Bidding or Negotiating Phase Not included.

A1.04 Construction Phase Not included.

PART 2 -- ADDITIONAL SERVICES

A2.01 Additional Services Requiring OWNER’s Authorization in Advance A. Title Research or other related services B. Property Appraisals C. Engineer or ROW Agent condemnation support services D. Any changes or modifications to the OWNER-approved right-of-way or easement documents because of design changes requested by OWNER E. Geotechnical investigation including pavement design F. Any roadway design beyond the limited scope identified above G. Construction plans of any proposed improvements H. Utility design I. Sizing and hydraulic grade line analysis of proposed storm drainage improvements J. Traffic signal design K. Traffic control plans L. Streetscape design M. FEMA coordination in preparation for a Letter of Map Revision N. Floodplain modeling O. Furnishing additional ROW or Easement documents in excess of the number of the same identified above P. Assist OWNER as an expert witness in litigation in connection with the project or in hearings before approving and regulatory agencies Q. Redesign to reflect project scope changes requested by OWNER, required to address changed conditions or change in direction previously approved by OWNER, mandated by changing governmental laws, or necessitated by OWNER’S acceptance of substitutions proposed by the contractor R. Formal delineation of wetlands areas in accordance with Corps' approved methodology (commonly referred to as using the '1987 Manual') S. If aquatic features are found and it is ENGINEER’S opinion that they are likely to be considered under the jurisdiction of the Corps, and impacts are proposed based on the current alignment, then permitting will be likely. Unless proposed impacts are minimal (generally, less than 1/10-acre), permitting will, at a minimum, involve submitting a formal preliminary jurisdictional determination report to the Corps, along with the appropriate permitting documentation and a plan to mitigate for any unavoidable impacts to jurisdictional areas. These additional services may include additional detailed wetland and stream delineation, detailed alternatives analysis, regulatory agency jurisdictional concurrence, Section 404/401 permitting, regulatory and resource agency correspondence and/or meetings, wetland/stream mitigation strategies and designs, mitigation monitoring, tree inventories, cultural resource coordination and protected species surveys.

A2.02 Required Additional Services Not Included

Page 9 of 9 Pages (EXHIBIT A - Scope of Work)

This is EXHIBIT B, consisting of 2 pages, referred to in and part of the Agreement between OWNER and ENGINEER for Professional Services dated ______.

Initial: OWNER

ENGINEER

OWNER’s Responsibilities

Article 2 of the Agreement is amended and supplemented to include the following agreement of the parties.

B2.01 In addition to other responsibilities of OWNER as set forth in this Agreement, OWNER shall:

A. Provide ENGINEER with all criteria and full information as to OWNER’s requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER will require to be included in the Drawings and Specifications; and furnish copies of OWNER’s standard forms, conditions, and related documents for ENGINEER to include in the Bidding Documents, when applicable.

B. Furnish to ENGINEER any other available information pertinent to the Project including reports and data relative to previous designs, or investigation at or adjacent to the Site. Nothing contained in this Exhibit or in this Agreement shall be construed to require the OWNER to provide such records in any certain format. The format in which the existing data and documentation will be provided shall be at the sole discretion of the OWNER.

C. (Modified) Following ENGINEER’s assessment of initially-available Project information and data and upon ENGINEER’s written request, furnish or otherwise make available such additional available Project related information and data as is reasonably required to enable ENGINEER to complete its Basic and Additional Services.

1. (Deleted).

2. (Deleted).

3. (Deleted).

4. (Deleted).

5. (Deleted).

6. (Deleted).

D. (Deleted).

E. (Modified) Authorize ENGINEER to provide Additional Services as set forth in Part 2 of Exhibit A of the Agreement as the OWNER determines is necessary.

F. (Modified) Arrange for access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perform services under the Agreement.

G. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented by ENGINEER (including obtaining advice of an attorney, insurance counselor, and other advisors or consultants as OWNER deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto.

Page 1 of 2 Pages (Exhibit B – OWNER’s Responsibilities)

H. (Deleted).

I. (Deleted).

J. Advise ENGINEER of the identity and scope of services of any independent consultants employed by OWNER to perform or furnish services in regard to the Project, including, but not limited to, cost estimating, project peer review, value engineering, and constructability review.

K. Deleted

L. Deleted

M. Deleted

N. Deleted

Page 2 of 2 Pages (Exhibit B – OWNER’s Responsibilities)

This is EXHIBIT C, consisting of 2 pages, referred to in and part of the Agreement between OWNER and ENGINEER for Professional Services dated ______.

Initial: OWNER

ENGINEER

Payments to ENGINEER for Services and Reimbursable Expenses

Article 4 of the Agreement is amended and supplemented for all of the services performed during the to include the following agreement of the parties: applicable month.

ARTICLE 4 -- PAYMENTS TO THE ENGINEER C4.02 For Basic Services Having An Undetermined Scope -- Direct Labor Costs Times a Factor C4.01 For Basic Services Having A Determined Method of Payment Scope –Cost not to Exceed Method of Payment A. (Not Used). A. OWNER shall pay ENGINEER for Basic Services set forth in Exhibit A as follows: C4.03 For Additional Services

1. (Modified) A cost not to exceed A. OWNER shall pay ENGINEER for Additional amount of $368,500.00, based upon the rate Services as follows: schedule, which is attached as Appendix 1 of Exhibit C and incorporated herein for all intents and 1. General. For services of ENGINEER’s purposes. This amount includes those employees engaged directly on the Project pursuant ENGINEER’S Consultant’s charges and will be to paragraph A2.01 or A2.02 of Exhibit A of the distributed at the completion of each of the phase in Agreement, except for services as a consultant or the following amount: witness under paragraph A2.01.A.13, an amount based upon the actual hours worked and the rate a. Surveying/Environmental Services ... $ 96,400 schedule, which is attached as Appendix 1 of Exhibit C and incorporated herein for all intents and b. Preliminary Design Phase ...... $ 79,200 purposes plus Reimbursable Expenses. Additional Services shall not be performed without the prior c. Right-of-way (ROW) Services ...... $192,900 written consent of the OWNER.

C4.04 For Reimbursable Expenses 2. (Deleted). A. (Modified) When not included in compensation 3. The cost not to exceed includes for Basic Services under paragraph C4.01, OWNER compensation for ENGINEER’s services and shall pay ENGINEER for Reimbursable Expenses as the services of ENGINEER’s Consultants. Appropriate rate set forth in Appendix 2 of this Exhibit C. Before the amounts have been incorporated in the cost not to OWNER shall be liable for any reimbursable expenses, exceed to account for labor, overhead, and profit. the ENGINEER must obtain prior written approval of the OWNER of any expense that exceeds $1,000 for which 4. Deleted. the ENGINEER seeks reimbursement. Reimbursable Expenses shall not exceed $25,000, whether incurred by 5. The portion of the amount billed for the ENGINEER or ENGINEER’s consultant(s). ENGINEER’s services will be based upon total services actually completed during the billing B. (Modified) Reimbursable Expenses include the period, which shall be a calendar month. Invoices following categories: mileage, parking tolls, long shall be tendered no more often than once a month distance, reproduction of Drawings, Specifications, Bidding Documents, and similar Project-related items in

Page 1 of 2 Pages (Exhibit C - Basic Services With Determined Scope -- Cost not to exceed Method)

addition to those required under Exhibit A, and, if authorized in advance by OWNER.

C. The amounts payable to ENGINEER for Reimbursable Expenses will be the Project-related internal expenses actually incurred or allocated by ENGINEER, plus all invoiced external Reimbursable Expenses allocable to the Project, the latter multiplied by a Factor of (1.10). Travel, meals, mileage, rental cars, and like expenses are not subject to the 1.10 Factor.

D. Deleted.

E. (Added) The OWNER must approve all travel expenses before the same are incurred. If such approval is not obtained, the OWNER shall not be liable for such travel expenses.

C4.05 For ENGINEER’s Consultant’s Charges

A. Deleted.

C4.06 Direct Labor Costs

A. Direct Labor Costs means salaries and wages paid to ENGINEER’s employees but does not include payroll related costs or benefits.

B. (Deleted).

4.07 Factors

(Deleted)

C4.08 Other Provisions Concerning Payment

A. Progress Payments. The portion of the amounts billed for ENGINEER’s services which are identified in paragraphs C4.01 and C4.03, will be based on the rate schedule for the cumulative hours charged to the Project during the billing period by all of ENGINEER’s employees, plus Reimbursable Expenses and ENGINEER’s Consultant’s charges, if any.

Page 2 of 2 Pages (Exhibit C - All Other Services/Charges -- Cost not to Exceed Method of Payment)

APPENDIX 1 OF EXHIBIT C – HOURLY RATES

Hourly Rates:

All services are to be billed on an hourly basis based on time and materials and based upon the following rates:

POSITION HOURLY RATE Senior Engineer I/Senior Professional I $225 -- $255 Senior Engineer II/Senior Professional II $195 -- $235 Engineer/Professional $150 -- $200 CAD Technician $125 -- $140 Designer $105 -- $160 Analyst $130 -- $160 Support Staff/Technician $60 -- $110

Page 1 of 1 Pages (Appendix 1 of Exhibit C – Hourly Rates)

APPENDIX 2 OF EXHIBIT C – REIMBURSEMENT OF COSTS

External Reproduction and Deliveries: Cost plus 10%

Internal expenses: Cost

Mileage: IRS Rate

Travel: Cost

Page 1 of 1 Pages (Appendix 2 of Exhibit C – Reimbursement of Costs)

This is EXHIBIT E, consisting of 2 pages, referred to in and part of the Agreement between OWNER and ENGINEER for Professional Services dated ______.

Initial: OWNER ______

ENGINEER ______

NOTICE OF ACCEPTABILITY OF WORK

PROJECT:

OWNER:

OWNER’s Construction Contract Identification:

EFFECTIVE DATE OF THE CONSTRUCTION AGREEMENT:

CONSTRUCTION CONTRACT DATE:

ENGINEER:

To: OWNER

And To: CONTRACTOR

The undersigned hereby gives notice to the above OWNER and CONTRACTOR that the completed Work furnished and performed by CONTRACTOR under the above Contract is acceptable, expressly subject to the provisions of the related Contract Documents and the terms and conditions set forth on the reverse side hereof.

By:______

Title:______

Dated:______, ______

Page 1 of 2 Pages (Exhibit E – Notice of Acceptability of Work)

(Reverse side of Notice)

CONDITIONS OF NOTICE OF ACCEPTABILITY OF WORK

The Notice of Acceptability of Work (“Notice”) on the front side of this sheet is expressly made subject to the following terms and conditions to which all persons who receive said Notice and rely thereon agree:

1. Said Notice is given with the skill and care ordinarily used by members of the engineering profession practicing under similar conditions at the same time and in the same locality.

2. Said Notice reflects and is an expression of the professional judgment of ENGINEER.

3. Said Notice is given as to the best of ENGINEER’s knowledge, information, and belief as of the date hereof.

4. (Modified) Said Notice is based entirely on and expressly limited by the scope of services ENGINEER has been employed by OWNER to perform or furnish during construction of the Project (including observation of the CONTRACTOR’s work) under ENGINEER’s Agreement with OWNER and applies to facts that are within ENGINEER’s knowledge or could or should have been ascertained by ENGINEER as a result of carrying out the responsibilities specifically assigned to ENGINEER under ENGINEER’s agreement with OWNER.

5. (Modified) Said Notice is not a guarantee or warranty of CONTRACTOR’s performance under the Construction Contract nor an assumption of responsibility for any failure of the Contractor to furnish and perform the work thereunder in accordance with the Contract documents, unless ENGINEER knew or should have known of such failure and failed to notify the Owner of such failure and take appropriate action so that the same were corrected and brought into compliance with the Contract Documents.

Page 2 of 2 Pages (Exhibit E – Notice of Acceptability of Work)

This is EXHIBIT G, consisting of 2 pages, referred to in and part of the Agreement between OWNER and ENGINEER for Professional Services dated ______.

Initial: OWNER

ENGINEER ______

Insurance

Paragraph 6.05 of the Agreement is amended and supplemented to include the following agreement of the parties.

G6.05 Insurance

Throughout the term of this Agreement, the ENGINEER at its own expense shall purchase, maintain and keep in force and effect insurance against claims for injuries to or death of persons or damages to property which may arise out of or result from the ENGINEER's operations and/or performance of the work under this Agreement, whether such operations and/or performance be by the ENGINEER, its agents, representatives, volunteers, employees or subcontractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable.

The ENGINEER’s insurance coverage shall be primary insurance with respect to the OWNER, its officers, agents and employees. Any insurance or self-insurance maintained by the OWNER, its officials, agents and employees shall be considered in excess of the ENGINEER’s insurance and shall not contribute to it. Further, the ENGINEER shall include all subcontractors as additional insureds under its commercial general liability policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

The following is a list of standard insurance policies along with their respective minimum coverage amounts required in this contract:

Commercial General Liability (CGL) General Aggregate: $2,000,000 Products & Completed Operations: $1,000,000 Personal & Advertising Injury: $1,000,000 Per Occurrence: $1,000,000 a. Coverage shall be broad form CGL. b. No coverage shall be excluded from standard policy without notification of individual exclusions being attached for review and acceptance.

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

Workers’ Compensation Insurance Statutory Limits Employer’s Liability $1,000,000 Waiver of Subrogation required

Errors & Omissions (E&O) Limit: $2,000,000 a. For all engineers, and/or design companies. b. Claims-made form is acceptable. c. Coverage will be in force for three (3) years after project is completed.

Page 1 of 2 Pages (Exhibit G - Insurance)

Upon execution of this contract, ENGINEER shall file with the OWNER valid Certificates of Insurance and endorsements acceptable to the OWNER. Such Certificates 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 OWNER via certified mail, return receipt requested.

The ENGINEER shall also file with the OWNER valid Certificates of Insurance covering all subcontractors.

The following are general requirements applicable to all policies: a. AM Best Rating of B+:VII or better. b. Waiver of subrogation required c. Insurance carriers licensed and admitted to do business in State of Texas will be accepted. d. Liability policies will be on occurrence form. E & O can be on claims-made form. e. OWNER, its officers, agents and employees are to be added as Additional Insured to the commercial general liability and business automobile policies. f. Upon request of and without cost to OWNER, certified copies of all insurance policies and/or certificates of insurance shall be furnished to OWNER’s representative. Certificates of insurance showing evidence of insurance coverage shall be provided to OWNER’s representative prior to execution of this agreement. g. Upon request of and without cost to OWNER, loss runs (claims listing) of any and/or all insurance coverage shall be furnished to OWNER’s representative.

Page 2 of 2 Pages (Exhibit G - Insurance)

This is EXHIBIT K, consisting of 2 pages, referred to in and part of the Agreement between OWNER and ENGINEER for Professional Services dated ______.

Initial: OWNER

ENGINEER

Indemnification

ENGINEER AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS AND DEFEND OWNER, ITS OFFICERS, AGENTS, AND EMPLOYEES (HEREAFTER REFERRED TO AS “OWNER”) 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, FOR DAMAGE TO ANY PROPERTY OR FOR ANY BREACH OF CONTRACT TO THE EXTENT ARISING OUT OF OR IN CONNECTION WITH AN ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER COMMITTED BY THE ENGINEER OR THE ENGINEER'S AGENT, ENGINEER UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH THE ENGINEER EXERCISES CONTROL (COLLECTIVELY ENGINEER’S PARTIES). IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH ENGINEER AND OWNER, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY ENGINEER TO INDEMNIFY AND PROTECT OWNER FROM THE CONSEQUENCES OF ENGINEER’S PARTIES’ OWN WILLFUL MISCONDUCT, JOINT OR SOLE NEGLIGENCE AS WELL AS THE ENGINEER’S PARTIES’ INTENTIONAL TORTS, INTELLECTUAL PROPERTY INFRINGEMENTS, AND FAILURES TO MAKE PAYMENTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. SUCH INDEMNITY SHALL NOT APPLY, HOWEVER, TO LIABILITY ARISING FROM THE PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OF PERSONS THAT IS CAUSED BY OR RESULTS FROM THE NEGLIGENCE OF ANY PERSON OTHER THAN THE ENGINEER’S PARTIES. IN THE EVENT THAT ANY ACTION OR PROCEEDING IS BROUGHT AGAINST THE OWNER FROM WHICH THE OWNER IS INDEMNIFIED, ENGINEER FURTHER AGREES AND COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO THE OWNER. THE INDEMNITY PROVIDED HEREINABOVE SHALL SURVIVE THE TERMINATION AND/OR EXPIRATION OF THIS AGREEMENT.

By this Agreement, the OWNER does not consent to litigation or suit, and the OWNER 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 OWNER’S sovereign immunity. ENGINEER assumes full responsibility for its work performed hereunder and hereby releases, relinquishes and discharges OWNER, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character for any injury to or death of any person and/or any loss of or damage to any property that is caused by or alleged to be caused by, arising out of, or in connection with ENGINEER's work to be performed hereunder. This release shall apply with respect to ENGINEER’s work regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance.

The protections afforded to OWNER in this Exhibit K shall control and supersede any apportionment of liability or release of liability contained elsewhere in the Contract Documents. Furthermore, the provisions contained in this Exhibit “K” shall survive the termination and/or expiration of this Agreement.

BAYTOWN SPECIAL CITY COUNCIL 6. d. MEETING Meeting Date: 11/17/2014 Subject: Synthetic Marijuana Prepared for: Ignacio Ramirez, Legal Prepared by: Karen Horner, Legal Department: Legal

Information ITEM Consider an ordinance amending Chapter 66 "Offenses," Article III "Controlled Substances" of the Code of Ordinances, Baytown, Texas, to expand the ban to include illicit synthetic substances; regulating the display and package labeling of herbal incense; and declaring certain conduct to be unlawful.

PREFACE This proposed ordinance amends Chapter 66 "Offenses," Article III "Controlled Substances" of the Code of Ordinances, Baytown, Texas, to expand the ban to include illicit synthetic substances; regulating the display and package labeling of herbal incense; declaring certain conduct to be unlawful and providing a penalty therefor.

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.

Attachments Ordinance - Synthetic Marijuana AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 66 “OFFENSES,” ARTICLE III “CONTROLLED SUBSTANCES” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO EXPAND THE PROHIBITION OF ILLICIT SYNTHETIC SUBSTANCES, TO REGULATE THE DISPLAY AND PACKAGE LABELING OF HERBAL INCENSE; AND TO DECLARE CERTAIN CONDUCT TO BE UNLAWFUL; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.

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WHEREAS, the City Council finds that a wide variety of herbal and plant materials containing synthetic chemicals are being produced to mimic the intoxicating effects of marijuana, ecstasy, methamphetamines, and other controlled substances; and

WHEREAS, these designer illicit synthetic drugs (“synthetic cannabinoids”, commonly referred to as “Kush”) are often sold in legal retail outlets as household products such as “herbal incense” and labeled “not for human consumption” to mask their intended purpose and to avoid the U.S. Food and Drug Administration’s regulatory oversight of the manufacturing process; and

WHEREAS, the Drug Enforcement Administration recognizes that synthetic cannabinoids constitute an immediate hazard to public safety; and

WHEREAS, the U.S. Customs and Border Protection found a number of illicit synthetic drugs appear to originate overseas and are manufactured in the absence of quality controls and devoid of governmental regulatory oversight; and

WHEREAS, such substances have been reported to cause serious side effects that endanger the health and safety of individuals, including severe agitation and anxiety, racing heartbeat and higher blood pressure, nausea and vomiting, muscle spasms, seizures, and tremors, intense hallucinations, psychotic episodes, and suicidal thoughts and actions; and

WHEREAS, the University of Michigan Institute for Social Research found that in 2013 these illicit synthetic drugs were the second most widely used illicit drug (after marijuana) among tenth graders, and the third most used (after marijuana and amphetamines) among twelfth graders; and

WHEREAS, the packaging and representations made at the point of sale of illicit synthetic drugs often indicate, suggest, imply, or represent that the product is a substitute for or mimics the pharmacological effects of marijuana, ecstasy, methamphetamines or other controlled substances, or controlled substance analogues as defined by section 481.002 of the Texas Health and Safety Code; and WHEREAS, businesses that sell illicit synthetic drugs often conceal them from public display so as to escape the notice of law enforcement personnel; and

WHEREAS, the illicit synthetic drugs are sometimes marketed as a safe and legal substitute to marijuana; and

WHEREAS, the packaging of the illicit synthetic drugs does not provide accurate information about the synthetic chemicals in or on the product; and

WHEREAS, despite the best efforts of federal and state legislators to outlaw illicit synthetic drugs, manufacturers continually reconfigure the banned substances to produce new synthetic drugs not subject to existing regulations; and

WHEREAS, City Council finds regulation of illicit synthetic drugs is necessary to complement current state and federal laws and to protect the public health, safety and welfare; NOW, THEREFORE,

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

Section 1: That all matters and facts set forth in the recitals hereinabove are found to be true and such recitals are hereby approved and made a part of this ordinance for all purposes and are adopted as a part of the judgment and findings by the City Council of the City of Baytown, Texas.

Section 2: That Chapter 66 “Offenses,” Article III “Controlled Substances” of the Code of Ordinances, Baytown, Texas, is hereby renamed Article III “Controlled Substances and Illicit Synthetic Drugs” and amended to read as follows:

CHAPTER 66. OFFENSES

ARTICLE III. CONTROLLED SUBSTANCES AND ILLICIT SYNTHETIC DRUGS

Sec. 66-56. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings set forth in this section, except where the context of their usage clearly indicates a different meaning:

Controlled substance means the same as defined in V.T.C.A., Health and Safety Code § 481.002.

Controlled substance analogue means the same as defined in V.T.C.A., Health and Safety Code § 481.002.

Dangerous drug means the same as defined in V.T.C.A., Health and Safety Code § 483.001.

Illicit synthetic drug means:

(A) Any vegetative material, or herbal or plant material, or liquid or oil, however constituted, designed, intended, marketed, manufactured, or engineered, that contains any quantity of a synthetic chemical or synthetic chemical compound that has no legitimate relation to the advertised use of the product.

(B) Any vegetative material, or herbal or plant material, or liquid or oil, with packaging or labeling that indicates, suggests, or implies that the substance is a substitute for or otherwise mimics the pharmacological effects of marihuana (‘marijuana’), a controlled substance, or a controlled substance analogue as defined by section 481.002 of the Texas Health and Safety Code.

(C) Any vegetative material, or herbal or plant material, or liquid or oil, sold with verbal or written representations at the point of sale regarding the purpose, methods, use, or effect of the substance that indicates, suggests, or implies that the substance mimics the pharmacological effects of marihuana (‘marijuana’), a controlled substance, or a controlled substance analogue as defined by section 481.002 of the Texas Health and Safety Code.

(D) Any substance, material, compound, mixture, or preparation, whether described as tobacco, herbs, incense, potpourri, spice or any blend thereof, regardless of whether the substance is marketed for the purpose of being smoked or ingested, which contains any quantity of a synthetic chemical substance, including its salts, isomers, and salts of isomers, listed by name in this section or contained within the following structural classes as defined in this section:

(1) WIN-55,212-2;

(2) Naphthoylindole: any compound structurally derived from 3-(1- naphthoyl)indole or 3-(2-naphthoyl)indole by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl, whether or not further substituted in the indole ring to any extent, whether or not substituted in the naphthyl ring to any extent, including:

AM-1220; JWH-015; JWH-046; AM-2201; JWH-016; JWH-047; JWH-004; JWH-018; JWH-048; JWH-007; JWH-019; JWH-049; JWH-009; JWH-020; JWH-050;

JWH-073; JWH-159; JWH-242; JWH-076; JWH-164; JWH-258; JWH-079; JWH-165; JWH-259; JWH-080; JWH-166; JWH-260; JWH-081; JWH-180; JWH-262; JWH-082; JWH-181; JWH-267; JWH-083; JWH-182; JWH-386; JWH-093; JWH-189; JWH-387; JWH-094; JWH-193; JWH-394; JWH-095; JWH-198; JWH-395; JWH-096; JWH-200; JWH-397; JWH-097; JWH-210; JWH-398; JWH-098; JWH-211; JWH-399; JWH-099; JWH-212; JWH-400; JWH-100; JWH-213; JWH-412; JWH-116; JWH-234; JWH-413; JWH-122; JWH-235; and JWH-148; JWH-239; JWH-414; JWH-149; JWH-240; JWH-153; JWH-241;

(3) Naphthylmethylindole: any compound structurally derived from 1H- indol-3-yl-(1-naphthyl)methane or 1H-indol-3-yl-(2-naphthyl)methane by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2- yl)alkyl, (4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl, whether or not further substituted in the indole ring to any extent, whether or not substituted in the naphthyl ring to any extent, including:

JWH-175; JWH-192; JWH-196; JWH-184; JWH-194; JWH-197; and JWH-185; JWH-195; JWH-199;

(4) Naphthylindolecarboxamide: any compound structurally derived from N- (naphthalen-1-yl)-1H-indole-3-carboxamide or N-(naphthalen-2-yl)-1H- indole-3-carboxamide by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N- methylpiperidin-2-yl)alkyl or 2-(4-morpholinyl)alkyl, whether or not further substituted in the indole ring to any extent, whether or not substituted in the naphthyl ring to any extent, including:

MN-24 (Other name: NNEI);

(5) Naphthoylpyrrole: any compound structurally derived from 3-(1- naphthoyl) pyrrole or 3-(2-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring by alkyl, haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl, whether or not further substituted in the pyrrole ring to any extent, whether or not substituted in the naphthyl ring to any extent, including:

JWH-030; JWH-292; JWH-365; JWH-145; JWH-293; JWH-366; JWH-146; JWH-307; JWH-367; JWH-147; JWH-308; JWH-368; JWH-150; JWH-309; JWH-369; JWH-156; JWH-346; JWH-370; JWH-243; JWH-347; JWH-371; JWH-244; JWH-348; JWH-372; JWH-245; JWH-363; JWH-373; and JWH-246; JWH-364; JWH-392;

(6) Naphthylmethylindene: any compound structurally derived from 1-(1- naphthylmethyl)indene or 1-(2-naphthylmethyl)indene by substitution at the 3-position of the indene ring by alkyl, haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl, whether or not further substituted in the indene ring to any extent, whether or not substituted in the naphthyl ring to any extent, including:

JWH-171; JWH-173; and JWH-172; JWH-176;

(7) Phenylacetylindole: any compound structurally derived from 3- phenylacetylindole by substitution at the nitrogen atom of the indole ring with alkyl, haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N- methylpiperidin-2-yl)alkyl, 4-tetrahydropyran)alkyl, or 2-(4- morpholinyl)alkyl, whether or not further substituted in the indole ring to any extent, whether or not substituted in the phenyl ring to any extent, including:

JWH-167; JWH-208; JWH-251; JWH-203; JWH-237; JWH-252; JWH-204; JWH-248; JWH-253; JWH-205; JWH-249; JWH-302; JWH-206; JWH-250; JWH-303;

JWH-305; JWH-312; JWH-315; and JWH-306; JWH-313; RCS-8; JWH-311; JWH-314;

(8) Benzoylindole: any compound structurally derived from 3-benzoylindole by substitution at the nitrogen atom of the indole ring with alkyl, haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2- yl)alkyl, (4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl, whether or not further substituted in the indole ring to any extent, whether or not substituted in the phenyl ring to any extent, including:

AM-630; Pravadoline (Other AM-679; name: WIN AM-694; 48,098); and AM-1241; RCS-4;

(9) Adamantoylindole: any compound structurally derived from 3-(1- adamantoyl)indole or 3-(2-adamantoyl)indole by substitution at the nitrogen atom of the indole ring with alkyl, haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl, whether or not further substituted in the indole ring to any extent, whether or not substituted in the adamantyl ring to any extent, including:

AB-001; and AM-1248;

(10) Adamantylindolecarboxamide: any compound structurally derived from N-(adamantan-1-yl)-1H-indole-3-carboxamide or N-(adamantan-2-yl)-1H- indole-3-carboxamide by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N- methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or 2-(4- morpholinyl)alkyl, whether or not further substituted in the indole ring to any extent, whether or not substituted in the adamantyl ring to any extent, including:

APICA; and STS-135;

(11) Adamantylindazolecarboxamide: any compound structurally derived from N-(adamantan-1-yl)-1H-indazole-3-carboxamide or N-(adamantan-2-yl)- 1H-indazole-3-carboxamide by substitution at the 1-position nitrogen atom of the indazole ring by alkyl, haloalkyl, benzyl, halobenzyl, alkenyl,

haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl, whether or not further substituted in the indazole ring to any extent, whether or not substituted in the adamantyl ring to any extent, including:

5-Fluoro AKB-48; and AKB-48;

(12) Aminooxobutylindazolecarboxamide: any compound structurally derived from N-(1-amino-3-methyl-1-oxobutan-2-yl)-1H-indazole-3-carboxamide by substitution at the 1-position nitrogen atom of the indazole ring by alkyl, haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N- methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or 2-(4- morpholinyl)alkyl, whether or not further substituted in the indazole ring to any extent, including:

AB-PINACA; and AB-FUBINACA;

(13) Tetramethylcyclopropylindole: any compound structurally derived from 3- (2,2,3,3-tetramethylcyclopropylcarbonyl)indole by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl, whether or not further substituted in the indole ring to any extent, whether or not substituted in the tetramethylcyclopropyl ring to any extent, including:

A-834,735; 5-Bromo UR-144; 5-Fluoro UR-144 A-796,260; 5-Chloro UR-144; (Other name: XLR- AB-005; and 11); UR-144;

(14) Tetramethylcyclopropane-thiazole carboxamide: any compound structurally derived from 2,2,3,3-tetramethyl-N-(thiazol-2- ylidene)cyclopropanecarboxamide by substitution at the nitrogen atom of the thiazole ring by alkyl, haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl, (4- tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl, whether or not further substituted in the thiazole ring to any extent, whether or not substituted in the tetramethylcyclopropyl ring to any extent, including:

A-836,339;

(15) Quinolinylindolecarboxylate: any compound structurally derived from quinolin- 8-yl indole-3-carboxylate by substitution at the nitrogen atom of the indole ring with alkyl, haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or 2-(4-morpholinyl)alkyl, whether or not further substituted in the indole ring to any extent, whether or not substituted in the quinoline ring to any extent, including:

BB-22; 5-Fluoro PB-22; PB-22; and

(16) Cyclohexylphenol: any compound structurally derived from 2- (3- hydroxycyclohexyl)phenol by substitution at the 5-position of the phenolic ring by alkyl, haloalkyl, benzyl, halobenzyl, alkenyl, haloalkenyl, alkoxy, cyanoalkyl, hydroxyalkyl, cycloalkylmethyl, cycloalkylethyl, (N- methylpiperidin-2-yl)alkyl, (4-tetrahydropyran)alkyl, or 2-(4- morpholinyl)alkyl, whether or not substituted in the cyclohexyl ring to any extent, including:

CP-55,940; JWH-337; JWH-345; CP-47,497; JWH-344; JWH-405 analogues of CP-47,497, including VII, V, VIII, I, II, III, IV, IX, X, XI, XII, XIII, XV, and XVI; and

(17) cannabinol derivatives, except where contained in marihuana (‘marijuana’), including tetrahydro derivatives of cannabinol and 3-alkyl homologues of cannabinol or of its tetrahydro derivatives, such as:

Nabilone; HU-210; and HU-211;

(18) Salviadivinorum or salvinorum A; all parts of the plant presently classified botanically as salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts derivative, mixture or preparation of such plant, its seeds or extracts;

(19) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-(cyclohexylmethyl)-1H- indazole-3-carboxamide (also known as AB-CHMINACA);

(20) MAM-2201 and metabolites;

(21) N-(1-adamantyl)-1-pentyl-1H-indazole-3-carboxamide (also known as APINACA, AKB48);

(22) Quinolin-8-yl 1-pentyl-1H-indole-3-carboxylate, its optical positional, and geometric isomers, salts and salts of isomers (also known as PB-22; QUPIC); and

(23) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3- carboxamide, its optical, positional, and geometric isomers, salts and salts of isomers (also known as ADB-PINACA);

(E) Any substance, whether described as tobacco, herbs, incense, potpourri, spice or any blend thereof, regardless of whether the substance is marketed for the purpose of being smoked or ingested, which is sold in the same retail establishment or physical location as any ingestion device, sold under the following product or trade names:

AK-47, Angry Birds, Bart Simpson, Bee, Bizarro (Bizaro), Black Diamond, Black Lion,Bling Bling Monkey, Bob Marley, Bomb Marley, Buzz Juice, California Dreams,California Kronik, Caution, Cheshire Cat, Cloud 9 (Cloud Nine), Club Special,Code Black, Da Bomb, Dank, Darkness, Daze, Dead Man, Dead Man Walking, Diablo, Down to Earth Reggie, Down 2 Earth, Dreams, DZL (D-ZL), Fairly Legal, Fire, Flight Risk, Funky Green Stuff, Geeked Up, Get Real, Gorilla Dro, Green Giant, Herbal Gold, Herbal Mayhem, Hookah Blast, Hot Geisha Girl, I-Blown, Insane, Ironman, Jamaican Gold, Jazz, Joker, Jordan, K2 (K-2), Kick My Ass (KMA), King Gorilla, King Kong, Klimax, Kratom, Kush, LOL, Loopy, Mad Hatter, Mad Monkey, Mind Trip, Mojo Max, Mr. Big Shot, Mr. Happy, Mr. Nice Guy, Mr. Shamrocks, Mr. Sin, Mummy’s Breath, Neutronium, New Joker, Ninja, Northern Lights, OMG, O.P.M.S. Kratom, Orgazmo,Phantom, Platinum XXX, Psycho, Pure Evil, Pure Fire, Purple Diesel, Red Dawn, Red Eye Jack, Scooby Hydro, Scooby Snax, Sexy Monkey, Shaggy’s Mix, Smacked, Smoking Santa, Smoking Santana, Space Cadet, Spike, Spong Bob, Stoopid, Super Man, Super Nova, Syn, Sync, The Darkness, The Hookah, The Incredible Hulk, The Ironman, Twilight, White Tiger, Wolf Pack, WTF, Zero Gravity, 24K California, 24K Monkey, 361 Degrees, 7H, or 7 Hells, regardless of any added flavorings.

Herbal incense means aromatic plant material, whether referred to as potpourri or otherwise, that is distributed in a loose, leafy, powder or granular form or in a compressed block or blocks that can be crushed to result in a powder or granular form, and can be placed into a pipe, cigarette paper, or other drug paraphernalia for purposes of ingestion by smoking, inhaling or other method, regardless of how the substance is labeled or marketed, including, but not limited to, whether or not such product is labeled ‘as not for human consumption.’

Ingestion device means equipment, a product or material that is used or intended for use in ingesting, inhaling, or otherwise introducing a prohibited substance into the human body, including:

(A) A metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl;

(B) A water pipe;

(D) A smoking or carburetion mask;

(E) A chamber pipe;

(F) A carburetor pipe;

(G) An electric pipe;

(H) An air-driven pipe;

(I) A chillum;

(J) A bong; or

(K) An ice pipe or chiller.

Prohibited substance means a controlled substance, controlled substance analogue, dangerous drug, illicit synthetic drug, volatile chemical or any combination thereof.

Volatile chemical means any of the chemicals or an isomer of any of the chemicals listed in V.T.C.A., Health and Safety Code § 484.002.

Sec. 66-57. Offenses.

(a) A person commits an offense if, with intent to acquire a prohibited substance, the person requests, commands or attempts to induce another to sell, donate or otherwise transfer or deliver a prohibited substance.

(b) A person commits an offense if the person uses, possesses, provides, produces, manufactures, distributes, purchases, markets or advertises for sale, barters, gives, publicly displays, sells or offers for sale, or purchases with the intent to provide, produce, manufacture, distribute, market or advertise for sale, barter, give, publicly display, sell or offer for sale any prohibited substance.

(c) A person commits an offense if the person uses or possesses an ingestion device with the intent to inject, ingest, inhale or otherwise introduce into the human body a prohibited substance.

(d) A person commits an offense if the person fails to publicly display or label herbal incense as required in section 66-58.

Sec. 66-58. Public display and labeling of herbal incense.

(a) Herbal incense offered for sale to the public must be publicly displayed at all times through actual or representative packaging. If representative packages are displayed, one package of every available product by name and flavor shall be displayed. Both the front and back of packaging must be viewable by the public.

(b) All herbal incense offered for sale to the public must include a label listing each active ingredient.

Sec. 66-59. Penalty.

(a) Any violation of this article shall constitute a misdemeanor punishable, upon conviction, by a fine as provided in section 1-14. However, any conduct proscribed under this article which also constitutes an offense under state law shall not be prosecuted under this article, but shall be prosecuted pursuant to and punishable as provided by the applicable state law. An offense under this article is not a lesser included offense under V.T.C.A., Health and Safety Code §§ 481.001 et seq., 483.001 et seq. or 484.001 et seq.

(b) In setting the amount of the penalty for violation of this article, the city council affirmatively finds that this article governs conduct involving trafficking in illegal and dangerous chemical substances that poses a serious threat to the public health and that it is therefore appropriate to proscribe the maximum fine as provided in section 1-14 for a violation of this article pursuant to the authority granted by V.T.C.A., Local Government Code § 54.001.

(c) Each separate package, container, or other separate unit containing a prohibited substance shall constitute a separate and distinct offense. Each separate package, container, or other separate unit of an improperly displayed or labeled herbal incense shall constitute a separate and distinct offense.

(d) Prosecution or conviction under this article is cumulative of and shall never be a bar to any other civil or administrative remedy provided or allowed by law.

Sec. 66-60. Seizure.

Any product or substance possessed, provided, sold, bartered, produced, manufactured, distributed, or offered, displayed, marketed or advertised for sale or purchased with the intent to provide, sell, barter, produce, manufacture, or distribute, or to offer, display, market or advertise for sale, in violation of any provision of section 66-57, may be seized by any peace officer. Such product or substance may be destroyed as authorized by state law after its use for evidentiary purposes is no longer required.

Sec. 66-61. - Prosecution procedures and defenses.

(a) Required. A person may not be convicted under subsection 66-57(a) on the uncorroborated testimony of the person allegedly solicited, unless the solicitation is made under circumstances strongly corroborative of both the solicitation itself and the actor's intent that the other person act on the solicitation.

(b) No defense. It is no defense to prosecution under this article that:

(1) No monetary or other consideration was tendered to the person solicited; or

(2) The person solicited was unable or unwilling to transfer or deliver a prohibited substance.

(1) It is an affirmative defense to any prosecution under subsection 66-57(a) that:

a. The solicitation is made in furtherance of a transaction that would not constitute a violation of any applicable law; or

b. The solicitation is made by a peace officer or federal law enforcement officer in the lawful discharge of his duties or by a law enforcement agent acting in the lawful discharge of an official duty.

(2) It is an affirmative defense for a person charged with an offense for possession or use of a prohibited substance that the use or possession was pursuant to the direction or prescription of a licensed physician or dentist authorized to direct or prescribe such act.

(3) It is an affirmative defense that the sale or possession of Salvinorin A was in conjunction with ornamental landscaping and used solely for that purpose.

(4) It is an affirmative defense for a person charged with an offense for possession or use of an a prohibited substance or ingestion device if the prohibited substance or ingestion device was in the possession of or being used by a

governmental entity for a health purpose, research and education, or a similar program.

(5) It is an exception to prosecution that a violation of this article is expressly permitted by state or federal law.

Section 3: Any person who fails to comply with any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief, administrative adjudication and revocation of licenses or permits.

Section 4: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Nothing contained herein shall be construed to conflict with the Texas Controlled Substance Act, or any other state and/or federal law governing the same.

Section 5: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or the set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable.

Section 6: This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10) days after passage of this ordinance.

INTRODUCED, READ and PASSED, by the affirmative vote of the City Council of the City of Baytown this the 17th day of November, 2014.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

R:\Karen\Files\City Council\Ordinances\2014\November 17\Synthetic Marijuana Draft Ordinance Final.docx

BAYTOWN SPECIAL CITY COUNCIL 6. e. MEETING Meeting Date: 11/17/2014 Subject: Repairs to 30-inch Force Main on Market Street Prepared for: Jose Pastrana, Engineering Prepared by: Linda Newsted, Engineering Department: Engineering

Information ITEM Consider an ordinance authorizing the City Manager to negotiate and execute one or more contracts for the emergency repairs to the 30-inch steel force main located 800 feet west of the intersection of Lee drive and Market Street.

PREFACE This proposed ordinance authorizes the City Manager to negotiate and execute one or more contracts for emergency repairs of approximately 40-linear feet of the 30-inch steel force main pipe aerial crossing along Market Street at the Harris County Flood Control District Channel located approximately 800 feet west of the intersection of Lee Drive and Market Street.

The force main was recently inspected by the City's consultant, who concluded that the main was not only severely deteriorated but also in danger of failing Therefore, the proposed ordinance (i) declares an emergency, (ii) authorizes the City Manager to enter into contract(s) to take the necessary preventative action to preserve and protect the public health, safety, and welfare, and (iii) authorizes expenditures of up to $200,000 for the needed repairs.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: Acct Code: 52703 - WWSF5500 Source of Funds (Operating/Capital/Bonds): Water & Sewer CIPF Funds Budgeted Y/N: Amount Needed: $200,000. Fiscal Impact (Additional Information):

Attachments Site Map Ordinance - Emergency Repair of Force Main D

K W T E EXA R S D AVE R

Texas Avenue 30-inch Force Main Aerial Crossing

W G ULF AVE

M "F 30

T S ET RK MA

Legend Chambers2013

L CityLimits E

ForceMains_CAD D CITY OF BAYTOWN R 0 62.5 125 250 375 500 Feet PREPARED BY MATT BAILEY AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ONE OR MORE CONTRACTS FOR EMERGENCY REPAIRS OF APPROXIMATELY 40-LINEAR FEET OF THE 30-INCH STEEL FORCE MAIN PIPE AERIAL CROSSING ALONG MARKET STREET AT THE HARRIS COUNTY FLOOD CONTROL DISTRICT CHANNEL LOCATED APPROXIMATELY 800 FEET WEST OF THE INTERSECTION OF LEE DRIVE AND MARKET STREET; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($200,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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WHEREAS, Section 252.022 of the Texas Local Government Code exempts from competitive bidding requirements procurements necessary to preserve or protect the public health or safety of the City’s residents; and WHEREAS, the force main pipe aerial crossing along Market Street at the Harris County Flood Control District Channel located approximately 800 feet west of the intersection of Lee Drive and Market Street is severely deteriorated and in imminent danger of failing; and

WHEREAS, the immediate repair of the force main is necessary in order to preserve or protect the public health or safety of the City’s residents; 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, Texas, hereby declares that the repair of the above-referenced force main is necessary to preserve or protect the public health or safety of the City’s residents.

Section 2: That the City Council of the City of Baytown, Texas, hereby authorizes the City Manager to negotiate and execute one or more contracts for emergency repairs of approximately 40-linear feet of the 30-inch steel force main pipe aerial crossing along Market Street at the Harris County Flood Control District channel located approximately 800 feet west of the intersection of Lee Drive and Market Street, subject to terms and conditions acceptable to the City Manager and the City Attorney

Section 3: That the City Council of the City of Baytown authorizes payment in an amount not to exceed TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($200,000.00) for the emergency repairs authorized in Section 2 hereinabove.

Section 4: 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 3 hereof may not be increased by more than twenty five percent (25%). Section 5: 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 17th day of November, 2014.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

R:\Karen\Files\City Council\Ordinances\2014\November 17\EmergencyRepairContract4AerialCrossing@Market&Lee.doc

BAYTOWN SPECIAL CITY COUNCIL 6. f. MEETING Meeting Date: 11/17/2014 Subject: Consider Variances Related to Christmas on Texas Avenue. Prepared for: Tony Gray, Health Prepared by: Leticia Brysch, City Clerk's Office Department: Health

Information ITEM Consider an ordinance authorizing granting a variance from the distance requirements contained in the Live Outdoor Exhibition Ordinance to the Art League of Baytown, Incorporated, for its annual Christmas on Texas Avenue to be held on December 6, 2014; and exempting such event from the application of the City’s Peddlers and Solicitors' Ordinance.

PREFACE This proposed ordinance grants a variance to the distance requirements contained in the Live Outdoor Exhibition Ordinance to the Art League of Baytown, Incorporated, for its annual Christmas on Texas Avenue to be held on December 06, 2014; and exempting such event from the application of the City’s Peddlers and Solicitors' Ordinance.

The Art League of Baytown, will hold its Annual Christmas on Texas Avenue to be held December 6, 2014, from 10:00 a.m. to 6:00 p.m., between Pruett and Commerce Streets. The proposed ordinance grants to Art League of Baytown, a variance to Section 42-286(e) of the Code of Ordinances pertaining to the distance requirements for live outdoor exhibitions and to Chapter 74 of the Code of Ordinances pertaining to peddlers and solicitors.

The live outdoor exhibition ordinance regulations prohibit any live outdoor exhibition activity within 500 feet from property used as a residence, school, hospital or church. Because this event will be within the prohibited distance of residences, a variance from Section 42-286(e) is necessary for the event to occur on Texas Avenue. Additionally, the outdoor vendor ordinance requires permitting, bonding, and insurance from each merchant selling goods or services at the event. A variance from Chapter 74 of the Code of Ordinances is necessary in order to exempt such merchants from complying with such requirements. Granting the variances contained in the proposed ordinance are consistent with the Council's actions with respect to the last few Christmases on Texas Avenue.

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 Christmas on Texas Avenue 2014 Ordinance - Christmas on Texas Avenue Variances

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 ART LEAGUE OF BAYTOWN, INCORPORATED’S ANNUAL CHRISTMAS ON TEXAS AVENUE CONTINGENT UPON THE FILING OF THE REQUISITE APPLICATION; GRANTING A VARIANCE TO EXEMPT ART LEAGUE OF BAYTOWN, INCORPORATED’S ANNUAL CHRISTMAS ON TEXAS AVENUE FROM THE PROVISIONS OF CHAPTER 74 “PEDDLERS AND SOLICITORS” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, CONTINGENT UPON THE FILING OF AN APPLICATION AND RECEIVING A PERMIT FOR A LIVE OUTDOOR EXHIBITION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************************************************** BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That contingent upon Art League of Baytown, Incorporated’s receiving a permit for a live outdoor exhibition pursuant to Section 42-286 of the Code of Ordinances, Baytown, Texas, 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 the Art League of Baytown, Incorporated’s Annual Christmas on Texas Avenue to be held December 6, 2014, from 10:00 a.m. to 6:00 p.m., on Texas Avenue between Pruett and Commerce Streets. Section 2: That contingent upon Art League of Baytown, Incorporated’s receiving a permit for a live outdoor exhibition pursuant to Section 42-286 of the Code of Ordinances, Baytown, Texas, the City Council of the City of Baytown hereby grants a variance to exempt Art League of Baytown, Incorporated’s Annual Christmas on Texas Avenue to be held on December 6, 2014, from 10:00 a.m. to 6:00 p.m., on Texas Avenue between Pruett and Commerce Streets, from the provisions of Chapter 74 “Peddlers and Solicitors” of the Code of Ordinances, Baytown, Texas. 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 17th day of November, 2014.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Ordinances\2014\November 17\ChristmasonTexasAvenueVariances.doc BAYTOWN SPECIAL CITY COUNCIL 6. g. MEETING Meeting Date: 11/17/2014 Subject: Authorizing a Contract with the Greater Houston Football Coaches Association for Advertising Services Prepared for: Bob Leiper, City Management Prepared by: Karen Horner, Legal Department: City Management

Information ITEM Consider an ordinance authorizing a contract with the Greater Houston Football Coaches Association for advertising services related to the 2015 Bayou Bowl and authorizing additional funds for state-wide advertising of the Bayou Bowl and the City of Baytown.

PREFACE This proposed ordinance authorizes a contract with the Greater Houston Football Coaches Association for advertising services related to the 2014 Bayou Bowl in the amount of $10,000 and authorizes an additional $10,000 for state-wide advertising of the Bayou Bowl and the City of Baytown.

The 2015 Bayou Bowl will be held at Stallworth Stadium on June 13, 2015. The Agreement for Advertising Services for the 12th Annual Bayou Bowl is for tourism-related services to increase out-of-town attendance at the game and to promote other attractions in Baytown to lengthen visitors' stays. The $10,000 provided by the City under the agreement will be used for televising the game along with at least four advertising spots showcasing the many amenities the City of Baytown has to offer. The additional $10,000 will be used by the Baytown Tourism Office for state-wide advertising prior to the game to encourage visitors to come to Baytown for the game and to stay and play.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: 2015 Acct Code: 50320-74036 Source of Funds (Operating/Capital/Bonds): HOT Funds Budgeted Y/N: Y Amount Needed: $20,000.00 Amount Needed: $20,000.00 Fiscal Impact (Additional Information):

Attachments Ordinance - 2015 Bayou Bowl Contract Exhibit A - HOT Contract Exhibit B - Bayou Bowl Budget 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 AN AGREEMENT FOR ADVERTISING SERVICES FOR THE 2015 BAYOU BOWL WITH THE GREATER HOUSTON FOOTBALL COACHES ASSOCIATION; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED TEN THOUSAND AND NO/100 DOLLARS ($10,000.00); AUTHORIZING AN ADDDITIONAL AMOUNT NOT TO EXCEED TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) FOR STATE-WIDE ADVERTISING PRIOR TO THE 2015 BAYOU BOWL TO ENCOURAGE VISITORS TO COME TO BAYTOWN FOR THE GAME AND TO STAY AND PLAY; 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 an Agreement for Advertising Services for the 2015 Bayou Bowl with the Greater Houston Football Coaches Association. A copy of said 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 hereby approves the budget, attached hereto as Exhibit “B” and incorporated herein for all intents and purposes, and authorizes payment of hotel occupancy tax revenues to the Greater Houston Football Coaches Association in an amount not to exceed TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) pursuant to the agreement authorized in Section 1 hereof.

Section 3: That the City Council of the City of Baytown hereby authorizes an amount not to exceed TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) for state-wide advertising prior to the 2015 Bayou Bowl to encourage visitors to come to Baytown for the game and to stay and play.

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 17th day of November, 2014.

______STEPHEN H. DONCARLOS, Mayor

ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

R:\Karen\Files\City Council\Ordinances\2014\November 17\2015BayouBowlContract.doc Exhibit "A"

Tourism Partnership Event Grant Agreement

STATE OF TEXAS § § COUNTY OF HARRIS §

THIS AGREEMENT made between the City of Baytown, Texas, a municipal corporation (the “City”), and Greater Houston Football Coaches Association, a non-profit corporation incorporated under the laws of the State of Texas (the “Grant Recipient”).

WHEREAS, the City of Baytown has enacted a hotel occupancy tax for the purposes provided in Chapter 351 of the Texas Tax Code; and

WHEREAS, Section 351.101(a) of the Texas Tax Code authorizes the City to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry by advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; and

WHEREAS, Section 351.101(a) of the Texas Tax Code also authorizes the City to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry by being a home to the sporting event referenced herein, which during the televising thereof will showcase the City of Baytown and its amenities, which is expected to substantially increase economic activity at hotels and motels within the municipality or its vicinity; and

WHEREAS, the Grant Recipient will host the 2015 Bayou Bowl, which will be held at Stallworth Stadium on June 13, 2015, which event is expected to directly enhance and promote tourism and the convention and hotel industry (the “Event”); and

WHEREAS, the Grant Recipient proposes to use various means of advertising to promote the City of Baytown together with the Event; and

WHEREAS, the City and the Grant Recipient desire to enter into this Agreement subject to the terms and conditions herein in order to enhance and promote tourism and the convention and hotel industry;

NOW, THEREFORE, in consideration of the performance of the mutual covenants and promises contained herein, the City and the Grant Recipient agree as follows:

Tourism Partnership Event Grant Agreement, Page 1 I. USE OF HOTEL OCCUPANCY TAX REVENUE

1.1 Use of Funds. For and in consideration of the payment by the City to the Grant Recipient of the agreed payments of hotel tax funds specified in Article III, the Grant Recipient agrees to use such hotel tax funds for advertising and conducting solicitations and promotional programs to attract tourists to the City in a manner that directly enhances and promotes tourism and the convention and hotel industry by providing advertising and entertainment services associated with the Event. The Grant Recipient agrees to use a portion of the funds provided pursuant to this Agreement to run the City at least four television spots during the broadcast of the 2015 Bayou Bowl, which will showcase the City and its amenities and which will be provided by the City. Funds which are unused shall be refunded to the City within thirty (30) days after the conclusion of the Event.

1.2 Specific Restrictions on Use of Funds. The Grant Recipient agrees to demonstrate strict compliance with the record keeping and apportionment limitations imposed by Sections 351.101(g), 351.103 and 351.104 of the Texas Tax Code, as applicable. The Grant Recipient shall not utilize hotel occupancy tax funds for any expenditure which has not been specifically documented to satisfy the purposes set forth in Article I hereof.

II. RECORD KEEPING AND REPORTING REQUIREMENTS

2.1 Budget.

(a) The Grant Recipient shall prepare and submit to the City Manager of the City an annual budget for approval for such operations of the Grant Recipient funded by hotel occupancy tax revenue. This budget shall specifically identify proposed expenditures of hotel tax funds by the Grant Recipient. Based upon the budget, the City should be able to audit specifically the purpose of each individual expenditure of hotel occupancy tax funds from the separate account relating to hotel tax funds. The City shall not pay to the Grant Recipient any hotel tax revenues as set forth in Article III of this Agreement unless a budget has been approved in writing by the City Manager authorizing the expenditure of funds.

(b) The Grant Recipient acknowledges that the approval of such budget by the City Manager constitutes approval by the City Council and creates a fiduciary duty in the Grant Recipient with respect to the hotel occupancy tax funds paid by the City to the Grant Recipient under this Agreement. The Grant Recipient shall expend hotel tax occupancy funds only in the manner and for the purposes specified in this Agreement and in the budget as approved in writing by the City Council.

2.2 Separate Account. The Grant Recipient shall maintain any hotel tax funds paid to the Grant Recipient by the City in a separate account and shall not commingle such funds with any other money.

2.3 Financial Records. The Grant Recipient shall maintain complete and accurate financial records of each expenditure of the hotel occupancy tax funds made by the Grant Recipient. These

Tourism Partnership Event Grant Agreement, Page 2

funds shall be classified as restricted funds for audited financial purposes, and may not be used for contracted services, including, but not limited to, auditing fees and attorney fees. Upon reasonable advance written request of the City Manager or his designee, the Grant Recipient shall make such financial records available for inspection and review and shall provide copies of the same if so requested. The Grant Recipient understands and accepts that all such financial records, and any other records relating to this Agreement shall be subject to the Texas Public Information Act, as hereafter amended, and the Local Government Records Act, as amended.

2.4 Quarterly Reports. After initial receipt of the hotel occupancy tax funds, and within thirty (30) days after the end of every contract quarter in which funds are received, the Grant Recipient shall furnish to the City a quarterly report, including:

(1) a completed financial report,

(2) a list of the expenditures made or copies of the invoice or receipts with regard to hotel occupancy tax funds pursuant to TEX. TAX CODE §351.101(c), and

(3) a copy of all financial records pertaining, in whole or in part, to the Event (e.g., copies of front and back cleared checks or bank statements, and other relevant documentation).

The Grant Recipient shall prepare and deliver all reports to the Tourism Coordinator in a form and manner approved by the City Manager or his designee. The Grant Recipient shall respond promptly to any request from the City Manager or his designee for additional information relating to the activities performed under this Agreement.

2.5 Post Event Report. Within sixty (60) days after the Event, the Grant Recipient will furnish to the City a performance report of its work under this Agreement which shall reflect overall activities conducted, gross income for the Event, and expenditures made pursuant to this Agreement. Such report shall also state the number of people who attended the Event, the number of hotel rooms used as a result of the Event, and any other information requested by the City Manager. This post event report must be signed and verified by an officer of the Grant Recipient as being true and correct.

2.6 Notice of Meetings. The Grant Recipient shall give the City Manager reasonable advance written notice of the time and place of all meetings of the Grant Recipient’s Board of Directors, as well as any other meeting of any constituency of the Grant Recipient at which this Agreement or any matter subject to this Agreement shall be considered.

III. HOTEL OCCUPANCY TAX REVENUE PAYMENTS

3.1 Payments. Subject to Section 3.2 of this Agreement, as a consideration for the Grant Recipient’s activities set forth in this Agreement, the City agrees to pay the Grant Recipient an amount not to exceed TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) from hotel occupancy tax revenues. The parties understand and agree that the City’s obligation hereunder

Tourism Partnership Event Grant Agreement, Page 3

shall not be greater than the actual expense incurred by the Grant Recipient in performing the services required hereunder.

If the Grant Recipient, at any time during the term of this agreement, incurs a debt, as defined in section 2-662 of the Code of Ordinances of the City of Baytown, the Grant Recipient shall immediately notify the City’s Director of Finance in writing. If the City’s Director of Finance becomes aware that the Grant Recipient has incurred a debt, the City’s Director of Finance shall immediately notify the Grant Recipient in writing. If the Grant Recipient does not pay the debt within 30 days of either such notification, the City’s Director of Finance may deduct funds in an amount equal to the debt from any payments owed to the Grant Recipient under this Agreement, and the Grant Recipient waives any recourse therefor.

3.2 Due Date. The City shall pay the fee specified in Section 3.1 on or before the thirtieth (30th) day after receiving a proper invoice therefor; provided, however, the Grant Recipient shall not submit an invoice hereunder more than one hundred twenty (120) calendar days prior to the Event. The parties agree that any funds not used for promotion of the arts or advertising and conducting promotional programs to attract tourists to the Baytown area and the Event shall be refunded to the City within thirty (30) days after the conclusion of the Event.

IV. TERM AND TERMINATION

4.1 Term. The term of this Agreement shall commence on the date of execution by the City Manager and terminate October 31, 2015, or after the Grant Recipient has fully complied with all terms and conditions herein, whichever is later. Only those expenditures authorized by this Agreement and contained in the budget approved by the City, which are actually incurred for events and activities taking place within the term of this Agreement, are eligible for funding. Any ineligible expenditures or unspent funds shall be forfeited to the City upon termination of the Agreement.

4.2 Termination Without Cause.

(a) This Agreement may be terminated by either party, with or without cause, by giving the other party thirty (30) days’ advance written notice.

(b) In the event this Agreement is terminated by either party pursuant to Section 4.2(a), the Grant Recipient shall be entitled to payment for its services satisfactorily performed in accordance with this Agreement up to the date of termination subject to Section 4.2(c).

(1) within ten (10) business days from the termination notification, a short-term budget of probable expenditures for the remaining thirty-day period between termination notification and contract termination. This budget will be presented to the City Council for approval at the next regularly scheduled meeting for which

Tourism Partnership Event Grant Agreement, Page 4

proper notice can be given after receipt thereof by the City. If the City Council fails to act on the budget at such meeting and the budget does not contain any expenditures that would be prohibited by the Texas Tax Code and is within the term of the Agreement; the budget will be considered approved;

(2) within five (5) business days of a request from the City, a listing of expenditures that have occurred since the last required reporting period;

(3) a final accounting of all expenditures and tax funds on the day of termination.

Any use of remaining funds by the Grant Recipient after notification of termination and prior to termination is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in Section 1.1.

4.3 Automatic Termination. This Agreement shall automatically terminate upon the occurrence of any of the following events:

(a) The termination of the legal existence of the Grant Recipient;

(b) The insolvency of the Grant Recipient, the filing of a petition in bankruptcy, either voluntarily or involuntarily, or an assignment by the Grant Recipient for the benefit of creditors;

(c) The continuation of a breach of any of the terms or conditions of this Agreement by either the City or the Grant Recipient for more than thirty (30) days after written notice of such breach is given to the breaching party by the other party; or

(d) The failure of the Grant Recipient to submit a financial quarterly report which complies with the reporting procedures required herein and generally accepted accounting principles prior to the beginning of the next contract term, or quarterly as required by Section 2.4.

4.4 In the event that this Agreement is terminated pursuant to Section 4.2 or 4.3, the Grant Recipient agrees to refund any and all unused funds, or funds determined by the City to have been used improperly within 30 days after termination of this Agreement. Additionally such termination shall not affect the Grant Recipient’s obligation to comply with the reporting requirements articulated in Article II or as may otherwise be required by Chapter 351 of the Texas Tax Code. Late payments shall accrue interest at the rate provided in Section 2251.025 of the Texas Government Code.

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V. GENERAL PROVISIONS

5.1 Subcontract for Performance of Services. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agreement by the Grant Recipient with another private entity, person, or organization for the performance of those services described in Section 1.1. In the event that the Grant Recipient enters into any arrangement, contractual or otherwise, with such other entity, person or organization, the Grant Recipient shall cause such other entity, person, or organization to adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement and to Chapter 351 of the Texas Tax Code, including reporting requirements, separate funds maintenance, and limitations and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds.

5.2 Independent Contractor. The Grant Recipient shall operate as an independent contractor as to all services to be performed under this Agreement and not as an officer, agent, servant, or employee of the City. The Grant Recipient shall have exclusive control of its operations and performance of services hereunder, and such persons, entities, or organizations performing the same and the Grant Recipient shall be solely responsible for the acts and omissions of its directors, officers, employees, agents, and subcontractors. The Grant Recipient shall not be considered a partner or joint venturer with the City, nor shall the Grant Recipient be considered nor in any manner hold itself out as an agent or official representative of the City.

5.3 Insurance. The Grant Recipient shall, at a minimum, provide insurance as follows:

1. Commercial General Liability  General Aggregate: $1,000,000  Per Occurrence: $1,000,000  Coverage shall be at least Broad Form CGL  No coverage shall be deleted from standard policy without notification of individual exclusions being attached for review and acceptance.

The following are general requirements applicable to all policies:

 AM Best Rating of B+; VII or better for all liability policies.  Insurance carriers licensed and admitted to do business in State of Texas will be accepted.  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 the City’s execution of this Agreement.  Liability policies must be on occurrence form.  Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.

Tourism Partnership Event Grant Agreement, Page 6

 The City of Baytown, its officers, agents and employees are to be added as Additional Insureds to all liability policies.

Additionally, the Grant Recipient shall furnish separate certificates and endorsements for each at-risk vendor, including those supplying amusement activities. All coverage of such vendors shall be subject to all of the requirements stated herein.

5.4 Indemnity.

THE GRANT RECIPIENT AGREES TO AND SHALL INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES (HEREINAFTER COLLECTIVELY REFERRED TO AS THE “CITY”), FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING, BUT NOT LIMITED TO, ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS' FEES, FOR INJURY TO OR DEATH OF ANY PERSON, OR FOR ANY AND ALL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES PROVIDED BY THE GRANT RECIPIENT PURSUANT TO THIS AGREEMENT, THE CONDUCT OR MANAGEMENT OF THE GRANT RECIPIENT’S BUSINESS OR ACTIVITIES, OR FROM ANY OTHER ACT OR OMISSION BY THE GRANT RECIPIENT, ITS AGENTS, AND EMPLOYEES, WHEN PERFORMING SERVICES IN ACCORDANCE WITH THIS AGREEMENT, WHERE SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED BY THE JOINT NEGLIGENCE OF THE CITY AND ANY OTHER PERSON OR ENTITY AND/OR BY THE JOINT OR SOLE NEGLIGENCE OF THE GRANT RECIPIENT. IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH THE GRANT RECIPIENT AND THE CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY THE GRANT RECIPIENT TO INDEMNIFY AND PROTECT THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM THE CONSEQUENCES OF (I) THE CITY'S OWN NEGLIGENCE, WHERE THAT NEGLIGENCE IS A CONCURRING CAUSE OF THE RESULTING INJURY, DEATH OR DAMAGE WITH ANY OTHER PERSON OR ENTITY AND/OR (II) THE GRANT RECIPIENT’S JOINT AND/OR SOLE NEGLIGENCE. 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

Tourism Partnership Event Grant Agreement, Page 7

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 OF THE ABOVE, THE GRANT RECIPIENT FURTHER AGREES AND COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO THE CITY.

The indemnity provided hereinabove shall survive the termination and/or expiration of this Agreement.

5.5 Release. 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 Agreement or any other contract or agreement, any charter, or applicable state law. Nothing contained herein shall be construed in any way so as to waive in whole or part the City’s sovereign immunity. The Grant Recipient assumes full responsibility for its work performed hereunder and hereby releases, relinquishes, discharges, and holds harmless 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 the Grant Recipient’s work to be performed hereunder. This release shall apply with respect to the Grant Recipient’s work regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance.

5.6 No Arbitration. Notwithstanding anything to the contrary contained in this Agreement, the City and the Grant Recipient hereby agree that no claim or dispute between the City and the Grant Recipient arising out of or relating to this Agreement shall be decided by any arbitration proceeding including, without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1-14), or any applicable State arbitration statute, including, but not limited to, the Texas General Arbitration Act, provided that in the event that the City is subjected to an arbitration proceeding notwithstanding this provision, the Grant Recipient consents to be joined in the arbitration proceeding if the Grant Recipient’s presence is required or requested by the City of complete relief to be recorded in the arbitration proceeding.

5.7 Force Majeure. In the event the Event is cancelled due to a force majeure, the refund obligations of the Grant Recipient under this Agreement pursuant to Sections 1.1, 3.2, and 4.4 will not be expanded but will remain unchanged. Any funds provided by the City pursuant to Section 3.1 and either not expended or not expended in full compliance with this Agreement shall be refunded to the City pursuant to the terms of this Agreement.

The term “force majeure” as used herein, shall include acts of God, acts of the public enemy, and acts not within the control of the parties hereto, which by the exercise of due diligence and care could not have avoided.

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5.8 Assignment. The Grant Recipient shall not assign this Agreement without first obtaining the written consent of the City.

5.9 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or regulation, shall be effective when given in writing and deposited in the United States mail, certified mail, return receipt requested, or by hand-delivery, addressed to the respective parties as follows:

CITY GRANT RECIPIENT

City of Baytown Greater Houston Football Coaches Association Attn: City Manager Attn: Richard Olin P.O. Box 424 1809 Market Street Baytown, TX 77522 Baytown, TX 77520-6543

5.10 Binding Effect. This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of the City and the Grant Recipient and their respective successors and assigns.

5.11 Application of Laws. All terms, conditions, and provisions of this Agreement are subject to all applicable federal laws, state laws, the Charter of the City of Baytown, all ordinances passed pursuant thereto, and all judicial determinations relative thereto. The place of making and the place of performance for all purposes shall be Baytown, Harris County, Texas.

5.12 Ambiguities. In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same.

5.13 Complete Agreement. This Agreement contains the entire understanding and constitutes the entire agreement between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, express or implied, between or among the parties hereto, relating to the subject matter of this Agreement, which are not fully expressed herein. The terms and conditions of this Agreement shall prevail notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to this transaction or these transactions.

5.14 Duplicate Originals. This Agreement is executed in duplicate originals.

5.15 Headings. The headings and subheadings of the various sections and paragraphs of this Agreement are inserted merely for the purpose of convenience and do not express or imply any limitation, definition, or extension of the specific terms of the section and paragraph so designated.

5.16 Severability. If any section, subsection, paragraph, sentence, clause, phrase or word in this Agreement, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Agreement, and the parties hereby declare they would have enacted such remaining portions despite any such invalidity.

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EXECUTED ON this the ___ day of ______, 2014.

CITY OF BAYTOWN

By:______ROBERT D. LEIPER, City Manager ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

EXECUTED ON this the ___ day of ______, 2014.

GREATER HOUSTON FOOTBALL COACHES ASSOCIATION

By:______(Signature)

______(Printed Name)

______(Title) ATTEST:

______(Signature)

______(Printed Name)

______(Title) R:\Karen\Files\Contracts\Tourism Grant Agreement\2014\EventGrantAgreement - GreaterHoustonFootballCoachesAssociation.doc

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Exhibit "B"

2015 Bayou Bowl Estimated Expense Budget

Receipts Disbursements

Contract with City of Baytown $10,000.00 For funding through Hotel Occupancy Tax

Advertisement – Channel 13 KTRK $10,000.00 Televising the Bayou Bowl 4 Community 30 Second Ads

______

Total Estimate $10,000.00 $10,000.00 BAYTOWN SPECIAL CITY COUNCIL 7. a. MEETING Meeting Date: 11/17/2014 Subject: Consider Nominating Bayer MaterialScience LLC As Qualified Business and Triple Jumbo Enterprise Project Under the Texas Enterprise Zone Program Prepared for: Tiffany Foster, Planning and Development Services Prepared by: Tiffany Foster, Planning and Development Services Department: Planning and Development Services

Information ITEM Consider approving a resolution nominating Bayer MaterialScience LLC to the Office of the Governor, Texas Economic Development Bank, for designation as a qualified business and a triple jumbo Enterprise Project under the Texas Enterprise Zone Program.

PREFACE This proposed resolution nominates Bayer MaterialScience LLC to the Office of the Governor, Texas Economic Development Bank, for designation as a qualified business and a triple jumbo Enterprise Project under the Texas Enterprise Zone Program.

Bayer MaterialScience LLC (BMS) intends to invest approximately $550 million in the next 5 years for upgrades, repairs, and maintenance of its Baytown manufacturing facility. The capital improvement projects are primarily focused on increasing manufacturing capacity and efficiency, as well as, improving safe operation of the production units. As a result of the capital investment being made, BMS respectfully requests to receive job retention benefits under the Texas Enterprise Zone Program.

The Baytown facility currently employs 1,035 employees with a total annual payroll of more than $98 million. Under this program, BMS will create 210 new full-time jobs with an annual payroll of over $20 million, while retaining the existing full-time jobs. The new and retained jobs will have average weekly wages significantly exceeding the average wages for Chambers County and will be accompanied by extensive employee benefits.

Additionally, BMS will continue to participate and provide funding for community outreach activities. Bayer created a STEM (science, technology, engineering, math) education program with the Wetlands Center and school district and has allocated $400,000 to train science and math teachers. Bayer is a sponsor for the Mayor’s Summer Youth Program for at-risk youth providing on-the-job training, school supplies, and valuable skill training sessions. Bayer employees also serve the community through voluntary leadership and benevolent outreach, along with annual contributions exceeding $430,000 to the United Way and other local charities. Section 2303.406(a)(4)(D) of the Texas Government Code allows a project or activity of a qualified business to be designated an Enterprise Project and receive job retention benefits if the business has clearly demonstrated that “the business is able to employ individuals in accordance with Section 2303.402." BMS qualifies for job retention benefits under this statutory provision because a significant portion of the Baytown area qualifies as an enterprise zone and BMS commits that thirty-five percent (35%) of the new employees hired will be residents of an enterprise zone or economically disadvantaged individuals over the five (5) year Enterprise Project designation period.

RECOMMENDATION Staff recommends approval.

Attachments Project Description Letter Resolution - Enterprise Zone Nomination

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, NOMINATING BAYER MATERIALSCIENCE LLC, TO THE OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM THROUGH THE ECONOMIC DEVELOPMENT BANK FOR DESIGNATION AS A QUALIFIED BUSINESS AND A TRIPLE JUMBO ENTERPRISE PROJECT UNDER THE TEXAS ENTERPRISE ZONE PROGRAM UNDER THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVERNMENT CODE; PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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WHEREAS, the City of Baytown (the “City”) has previously passed Ordinance No. 11,105 electing to participate in the Texas Enterprise Zone Program, and the local incentives offered under this resolution are the same on this date as were outlined in Ordinance No. 11,105; and

WHEREAS, the Office of the Governor, Economic Development and Tourism through the Texas Economic Development Bank will consider Bayer MaterialScience LLC, as a triple jumbo enterprise project pursuant to a nomination and an application made by the City; and

WHEREAS, the incentives listed in Paragraphs A and C of Exhibit “A” of Ordinance 11,105 are or will be made available for Bayer MaterialScience LLC, as a nominated triple jumbo project; and

WHEREAS, the City desires to pursue the creation of the proper economic and social environment in order to induce the investment of private resources in productive business enterprises located in the City and to provide employment to residents of enterprise zones and to other economically disadvantaged individuals; and

WHEREAS, pursuant to Chapter 2303, Subchapter F of the Texas Enterprise Zone Act, Texas Government Code (the "Act"), Bayer MaterialScience LLC, has applied to the City for designation as an enterprise project; and

WHEREAS, the City finds that Bayer MaterialScience LLC, meets the criteria for designation as an enterprise project under Chapter 2303, Subchapter F of the Act on the following grounds:

1. Bayer MaterialScience LLC, is a "qualified business" under Section 2303.402 of the Act since it will be engaged in the active conduct of a trade or business at a qualified business site located in an enterprise zone and at least twenty-five percent (25.0%) of the business's new employees will be residents of an enterprise zone or economically disadvantaged individuals;

2. There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities within the area; and

3. The designation of Bayer MaterialScience LLC, as an enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the area; and

WHEREAS, the City finds that Bayer MaterialScience LLC, meets the criteria for tax relief and other incentives adopted by the City and nominates Bayer MaterialScience LLC, for triple jumbo enterprise project status on the grounds that it will be located at the qualified business site, will create a higher level of employment, economic activity and stability; and

WHEREAS, the City finds that it is in the best interest of the City to nominate Bayer MaterialScience LLC, as a triple jumbo enterprise project pursuant to the Act; NOW, THEREFORE

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

Section 1: That the findings of the City and its actions approving this resolution taken at the council meeting are hereby approved and adopted.

Section 2: That Bayer MaterialScience LLC, is a "qualified business," as defined in Section 2303.402 of the Act, and meets the criteria for designation as a triple jumbo enterprise project, as set forth in Section 2303, Subchapter F of the Act.

Section 3: That the enterprise project shall take effect on the date of designation of the enterprise project by the agency and terminate on December 1, 2019.

Section 4: All resolutions or parts of resolutions inconsistent with the terms of this resolution are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this resolution shall be cumulative of other resolutions regulating and governing the subject matter covered by this resolution.

Section 5: 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 17th day of November, 2014.

______STEPHEN H. DONCARLOS, Mayor

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

\\COBFS01\Legal\Karen\Files\City Council\Resolutions\2014\November 17\EnterpriseZoneNominatingResolution.doc BAYTOWN SPECIAL CITY COUNCIL 7. b. MEETING Meeting Date: 11/17/2014 Subject: Participation in TCUC before the Railroad Commission of Texas and the State Legislature Prepared for: Ignacio Ramirez, Legal Prepared by: Karen Horner, Legal Department: Legal

Information ITEM Consider a resolution to support the activities of the Texas Coast Utilities Coalition of Cities and other similarly situated coalition of municipalities in proceedings before the Railroad Commission of Texas and the Texas Legislature related to the City's authority to effectively review and regulate rates.

PREFACE This proposed resolution supports the activities of the Texas Coast Utilities Coalition of Cities and other similarly situated coalition of municipalities in proceedings before the Railroad Commission of Texas and the Texas Legislature related to the City's authority to effectively review and regulate rates.

Current Texas statutes guarantee Texas cities strong local control over gas utility rates by recognizing their exclusive original jurisdiction over such rates within each city. Texas law also guarantees that utilities must reimburse cities for the reasonable expenses that cities incur while participating in gas ratemaking proceedings both at the City level and before the Railroad Commission of Texas (the “RRC”). On July 25, 2014, the RRC published in the Texas Register three new proposed rules that would greatly diminish, if not entirely eliminate, the City’s ability to ensure that utility rate increases are reasonable by: 1. Requiring that cities fund all rate case expenses out of their own budgets that were incurred while investigating and challenging gas rate increases that utilities propose to the RRC before receiving any reimbursement of expenses the RRC finds reasonable; 2. Restricting cities’ ability to meaningfully participate in ratemaking proceedings before the RRC by severely and arbitrarily limiting the number of requests for information a city may request from the utility when it proposes an increase in rates. For the last six years or so, the City has participated in a coalition of cities known as the Texas Coast Utilities Coalition (“TCUC”) of cities whose purpose is to investigate gas utilities’ proposed rate increases and challenge them where appropriate. TCUC has been active in most, if not all, major ratemaking proceedings that affect ratepayers in the City. The City’s cost for participation in this effort would be apportioned among the member cities in TCUC based on each city’s number of meters in the City relative to the overall number of meters in all the TCUC cities. The City's portion of the fees is estimated to be $8,000, which will cover the cost of preparing comments to submit to the Railroad Commission in opposition to the Railroad Commission’s proposed rule and retain legislative-advocacy to assist in meetings with members of the legislature to support those efforts.

This resolution authorizes the City to participate as a member of TCUC and thereby join TCUC’s efforts to oppose the RRC’s proposed rules and any similar legislation that would: 1. undermine the City’s ratemaking jurisdiction and its ability to question and challenge unreasonable rate increases; 2. allow for processes that do not permit a complete and thorough review of utilities’ alleged capital expenditures and operating expenses; 3. restrict cities’ ability to participate in the rate-setting process; and 4. support TCUC’s efforts to preserve cities’ original jurisdiction over utility ratemaking.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: Acct Code: 10610 - 74021 Source of Funds (Operating/Capital/Bonds): Operating Funds Budgeted Y/N: Y Amount Needed: $8,000. Fiscal Impact (Additional Information):

Attachments Resolution - TCUC A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS AUTHORIZING THE CITY’S PARTICIPATON IN A COALITION OF SIMILARLY SITUATED CITIES IN PROCEEDINGS BEFORE THE RAILROAD COMMISSION OF TEXAS AND THE TEXAS LEGISLATURE RELATED TO THE CITY’S AUTHORITY TO EFFECTIVELY REVIEW AND REGULATE UTILITY RATES; MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF

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WHEREAS, the City of Baytown, Texas, hereinafter referred to as “City,” is a member of the Texas Coast Utilities Coalition of Cities (“TCUC”); and

WHEREAS, TCUC has participated in utility ratemaking proceedings before the Railroad Commission of Texas; and

WHEREAS, TCUC has participated in legislative proceedings before the Texas Legislature; and

WHEREAS, as recently as in the 83rd Regular Session of the Texas Legislature the Legislature considered and rejected legislation that, if enacted, would have negatively affected municipalities’ original jurisdiction to regulate a utility’s rates, services, and operations in the City; and

WHEREAS, as recently as the 83rd Regular Session of the Texas Legislature in 2013, the Legislature considered and rejected legislation that, if enacted, would have negatively affected municipalities’ ability to undertake a meaningful evaluation of a utility’s request to increase gas rates and effectively challenge unreasonable rate increases; and,

WHEREAS, the Railroad Commission of Texas has initiated proceedings to adopt new rules whose effect would be similar to the restrictions that the Legislature rejected in its 83rd Regular Session; and

WHEREAS, the rules the Railroad Commission of Texas proposed would diminish, if not altogether eliminate, Texas cities’ original ratemaking jurisdiction over gas utilities and cities’ ability to meaningfully review a gas utility’s request to increase its rates; and

WHEREAS, the City supports TCUC’s and other similarly situated coalitions of cities’ opposition to proposed rules or laws that would diminish and/or eliminate municipalities’ ability to effectively regulate gas utility rates or to meaningfully participate in contested proceedings before the Railroad Commission of Texas; and

WHEREAS, as the Legislature noted in Section 101.002 of the Gas Utility Regulatory Act, utilities are by definition monopolies in the areas they serve and as a result, the normal forces of competition that regulate prices in a free enterprise society do not operate and therefore,

public agencies, including the City, regulate utility rates, operations, and services as a substitute for competition; and

WHEREAS, gas utilities continue to be monopolies whose rates are not governed by the normal forces of competition; and

WHEREAS, to provide fair, just, and reasonable rates and adequate and efficient services, Section 103.001 of the Gas Utility Regulatory Act grants the City exclusive original jurisdiction over the rates, operations, and services of a gas utility within the municipality; and

WHEREAS, under Section 103.001 of the Gas Utility Regulatory Act passed by the Texas Legislature into law, a municipality regulating a gas utility has the right to require gas utilities to submit information as necessary for the municipality to make a reasonable determination of the utility’s actual rate base, expenses, investment, and rate of return for providing its services and to retain personnel necessary to make the determination of reasonable rates; and

WHEREAS, under Section 103.022 of the Gas Utility Regulatory Act, a municipality participating in or conducting a ratemaking proceeding may engage rate consultants, accountants, auditors, attorneys, and engineers to fully evaluate a utility’s request to change rates and the gas utility in the ratemaking proceeding shall reimburse the municipality its reasonable rate case expenses; and

WHEREAS, in order to ensure the reasonableness of gas utility rates and ensure the adequacy of gas utility service by preserving cities’ right to effectively investigate and challenge utility-proposed rate increases both before the City and before any state agency that is authorized to regulate gas utilities’ rates; NOW, THEREFORE,

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

Section 1: That the findings set out in the preamble to this resolution are hereby in all things approved and adopted.

Section 2: The City directs TCUC to oppose rules or legislation that would:

 Eliminate or reduce the ability of incorporated municipalities to exercise their statutorily guaranteed original jurisdiction over gas utility rates;

 Allow the approval of increases in rates without a complete and thorough review of a utility’s capital expenditures or operating expenses by cities representing their ratepayers’ interests; and

 Eliminate, delay, or diminish the reimbursement of municipalities’ reasonable costs incurred while investigating and challenging utility rate proposals or that would otherwise reduce municipalities’ ability to participate in the rate-setting process.

Section 3: The City directs TCUC to support processes that:

 Uphold and enforce municipalities’ original jurisdiction over gas utility ratemaking;

 Preserve municipalities’ ability to fully investigate and challenge gas utilities’ proposed changes to their rates and tariffs; and

 Preserve municipalities’ historical right to prompt reimbursement of reasonable costs that the municipalities’ incur while investigating and challenging gas utilities’ proposals to change their rates in all related proceedings, without any onerous predicate requirements.

Section 4: The City authorizes the TCUC Steering Committee to hire and direct its advocates in these efforts before the Railroad Commission of Texas and the Texas Legislature.

Section 5: That a copy of this resolution shall be sent to Mr. Alfred R. Herrera, Herrera & Boyle, PLLC, 816 Congress Avenue, Suite 1250, Austin, Texas 78701, in his role as Special Counsel to TCUC.

Section 6: 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 17th day of November, 2014.

______STEPHEN H. DONCARLOS, Mayor

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

\\COBFS01\Legal\Karen\Files\City Council\Resolutions\2014\November 17\Railroad Commission-Resolution-Rate Case Expense Discovery Rules-Resolution-FINAL-TCUC-080314.doc

BAYTOWN SPECIAL CITY COUNCIL 8. a. MEETING Meeting Date: 11/17/2014 Subject: Purchase of Five (5) 2015 Freightliner Trucks for Public Works Prepared for: Nick Woolery, Public Works Prepared by: Linda Malak, Finance Department: Public Works

Information ITEM Consider an ordinance authorizing the purchase of five (5) 2015 Freightliner trucks for the Public Works Department through Houston-Galveston Area Council (H-GAC).

PREFACE This proposed ordinance authorizes the purchase of five (5) 2015 Freightliner trucks from Houston Freightliner, Inc., through H-GAC, for a total amount of $564,355. This amount includes the H-GAC fee of $1500.00, which is assessed per purchase order.

The new trucks will include one (1) Pipehunter 700 gallon sewer cleaner body, one (1) 12 yard stainless dump body, two (2) 8 yard stainless dump bodies, and one (1) ALTEC Model AT37G aerial body. All of the vehicles are replacements and more fully described in the attached spreadsheet.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: 2015 Acct Code: Varies Source of Funds (Operating/Capital/Bonds): Capital Funds Budgeted Y/N: Y Amount Needed: $564,355 Fiscal Impact (Additional Information): 52703-84043 Water & Sewer CIPF - Utility Construction (2 Trucks) $244,513 52703-84043 Water & Sewer CIPF - Waste Water Treatment (2 Trucks) $183,150 35016-84042 Capital Replacement Fund - Traffic Department (1 Truck) $136,692 Attachments Indebtedness Certification Replacement Vehicles List Ordinance - HGAC Purchase of Freightliner Trucks

NEW & REPLACEMENT VEHICLES FOR 2014-2015 FISCAL YEAR Fiscal Yr 2015 Company New Vehicle Amount Budgeted Org/Acct # Department Vehicle Replaced

Vehicle# 133795 2003 GMC Jet 2015 Freightliner M2-106-60 Rodder W 5500 Vin# Houston with Pipehunter 700 Gallon Utility J8DE5B14137901795 Freightliner Sewer Cleaner $137,513.00 $140,000 30610-84043 Construction 207,538 Miles

Vehicle# 2212 1995 GMC Top Kick Houston 2015 Freightliner 108SD-70 12 Utility Dump Truck Vin# 1GDM7HJ5S14261 Freightliner Yard Dump Truck $107,000.00 $107,000 30610-84043 Construction 104,048 Miles

Vehicle# 79279 1992 Chevy Kodiak Houston 2015 Freightliner M2-106-70 Waste Water Vin# 1GBM7H1J8N101179 Freightliner 8 Yard Dump Truck $91,575.00 $91,575.00 30520-84043 Treatment 82,320 Miles

Vehicle# 78642 1985 Ford FT 750 Houston 2015 Freightliner M2-106-70 Waste Water Vin# 1FDWR74N1GVA9442 Freightliner 8 Yard Dump Truck $91,575.00 $91,575.00 30520-84043 Treatment 44,363 Miles

2015 Freightliner M2-106-60 Veh# 10049 2000 Chevrolet 1 Ton Houston With Altec Model At37G Traffic Stakebed Vin# 1GBJC34R2YF434049 Freightliner Aerial Body $136,692.00 $184,000 30210-84042 Department 155,351 Miles

$564,355.00

slh 10-23-06 revised AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIVE HUNDRED SIXTY-FOUR THOUSAND THREE HUNDRED FIFTY-FIVE AND NO/100 DOLLARS ($564,355.00) TO HOUSTON FREIGHTLINER, INC., THROUGH THE HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF FIVE (5) 2015 FREIGHTLINER TRUCKS FOR THE PUBLIC WORKS DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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WHEREAS, the City Council of the City of Baytown has approved an Interlocal Agreement which authorizes the Houston-Galveston Area Council to take bids for certain items on behalf of the City of Baytown; and

WHEREAS, pursuant to such agreement, the Houston-Galveston Area Council has taken bids for five (5) 2015 Freightliner trucks for the Public Works Department; 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 FIVE HUNDRED SIXTY-FOUR THOUSAND THREE HUNDRED FIFTY-FIVE AND NO/100 DOLLARS ($564,355.00) to Houston Freightliner, Inc., through the Houston-Galveston Area Council for the purchase of five (5) 2015 Freightliner trucks for the Public Works Department.

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, 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 17th day of November, 2014.

______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\2014\November 17\HGACPurchaseofFreightlinerTrucks.doc BAYTOWN SPECIAL CITY COUNCIL 8. b. MEETING Meeting Date: 11/17/2014 Subject: Consider the Purchase of Sixteen (16) Mobile Digital Video Recording Devices – Police. Prepared for: Keith Dougherty, Police Prepared by: Linda Malak, Finance Department: Police

Information ITEM Consider an ordinance authorizing the purchase of sixteen (16) mobile digital video recording devices, all necessary workstation/servers, software/hardware, and installation/configuration services for the Police Department through Department of Information Resources (DIR).

PREFACE This proposed ordinance authorizes the purchase of sixteen (16) mobile digital video recording devices, all necessary workstation/servers, software/hardware, and installation/configuration services for the Police Department from COBAN Technologies, Inc., through the Department of Information Resources (DIR), in the amount of $84,716.00.

These devices will be installed in new 2015 vehicles and existing vehicles for Detectives.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: 2014-2015 Acct Code: Varies Source of Funds (Operating/Capital/Bonds): Capital Funds Budgeted Y/N: Y Amount Needed: $84,716.00 Fiscal Impact (Additional Information): 20020-84042 (Support Services / Machinery & Equipment) $58,242.25 20065-84042-SG200 (Motor Carrier Violation / Machinery & Equipment) $5,294.75 20000-84042 (Police Operations / Machinery & Equipment) $21,179.00

Attachments Indebtedness Certification Ordinance - DIR Purchase of Mobile Digital Video Recording Devices

AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF EIGHTY-FOUR THOUSAND SEVEN HUNDRED SIXTEEN AND NO/100 DOLLARS ($84,716.00) TO COBAN TECHNOLOGIES, INC., FOR SIXTEEN (16) MOBILE DIGITAL VIDEO RECORDING DEVICES, ALL NECESSARY WORKSTATION/SERVERS, SOFTWARE/HARDWARE, AND INSTALLATION/CONFIGURATION SERVICES FOR THE POLICE DEPARTMENT THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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WHEREAS, the City of Baytown has entered into an interlocal cooperative contract with the Texas Department of Information Resources (“DIR”) for sixteen (16) mobile digital video recording devices, all necessary workstation/servers, software/hardware, and installation/configuration services for the Police Department; and

WHEREAS, the DIR’s purchasing process includes posting the request on the Electronic State Business Daily (ESBD), gathering and reviewing the vendors’ responses to the posting, negotiating with selected vendors, and managing vendor contracts; and

WHEREAS, such process in combination with the interlocal cooperative contract allows the City to purchase automated information systems 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 DIR contract through its interlocal cooperation contract satisfies state law requiring municipalities to seek competitive bids for the purchase of the item; 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 EIGHTY-FOUR THOUSAND SEVEN HUNDRED SIXTEEN AND NO/100 DOLLARS ($84,716.00) to COBAN Technologies, Inc., for sixteen (16) mobile digital video recording devices, all necessary workstation/servers, software/hardware, and installation/configuration services for the Police Department.

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 17th day of November, 2014.

______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\2014\November 17\DIRMobilDigitalVideoRecordingDevices.doc

BAYTOWN SPECIAL CITY COUNCIL 8. c. MEETING Meeting Date: 11/17/2014 Subject: Consider the Purchase of Seventy (70) Dell Computers for Houston HIDTA. Prepared for: Keith Dougherty, Police Prepared by: Linda Malak, Finance Department: Police

Information ITEM Consider an ordinance authorizing the purchase of seventy (70) Dell computers for Houston HIDTA through the Department of Information Resources (DIR).

PREFACE This proposed ordinance authorizes the purchase of seventy (70) Dell computers for Houston HIDTA from Dell Marketing L.P., through the Department of Information Resources (DIR), in the amount of $66,083.50.

Houston HIDTA provides computers to local, state and federal law enforcement officers and investigative analysts who work in HIDTA Task Forces to provide investigative analysis capabilities and access to secure law enforcement databases. These 70 computers will replace existing computers in the HIDTA fleet that have exceeded their functional lifespan. Houston HIDTA will begin refreshing computers on a yearly basis from this point on, with the goal of replacing 25% or more of the fleet every year. This purchase is 100% grant funded.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: 2015 Acct Code: 24102-80001-FG24102 Source of Funds (Operating/Capital/Bonds): HIDTA GRANT FUND Funds Budgeted Y/N: Y Amount Needed: $66,083.50 Fiscal Impact (Additional Information):

Attachments Indebtedness Certification Ordinance - DIR Dell Computers for HIDTA CITY OF BAYTOWN, TEXAS INDEBTEDNESS CERTIFICATION

Project Name: PURCHASE OF SEVENTY (70) DELL COMPUTER FOR HIDTA

Company Name: DELL MARKETING L.P.

Department: HIDTA

Date: 11-10-14 COUNCIL DATE: 11-17-14

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

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

®not to be indebted to the City.

It^sJ^-eby certified the above is true and correct based on the best information available.

tlauonf Director of Finance Date

For information regarding this certificate, please contactthe 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 Sfh O /mk'bhulncssi'crtijication 3-12-10 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SIXTY-SIX THOUSAND EIGHTY- THREE AND 50/100 DOLLARS ($66,083.50) TO DELL MARKETING L.P., FOR SEVENTY (70) DELL COMPUTERS FOR HOUSTON HIGH INTENSITY DRUG TRAFFICKING AREA THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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WHEREAS, the City of Baytown has entered into an interlocal cooperative contract with the Texas Department of Information Resources (“DIR”) for seventy (70) Dell computers for Houston High Intensity Drug Trafficking Area (“HIDTA”); and

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 SIXTY-SIX THOUSAND EIGHTY-THREE AND 50/100 DOLLARS ($66,083.50) to Dell Marketing L.P., for seventy (70) Dell computers for Houston HIDTA.

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 17th day of November, 2014.

______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\2014\November 17\DIRDellComputers4HIDTA.doc

BAYTOWN SPECIAL CITY COUNCIL 8. d. MEETING Meeting Date: 11/17/2014 Subject: Consider the Purchase of Thirty-One (31) Panasonic CF-53 Mobile Digital Terminals - Police. Prepared for: Keith Dougherty, Police Prepared by: Linda Malak, Finance Department: Police

Information ITEM Consider an ordinance authorizing the purchase of thirty-one (31) Panasonic CF-53 Mobile Digital Terminals for the Police Department through Department of Information Resources (DIR).

PREFACE This proposed ordinance authorizes the purchase of thirty-one (31) Panasonic CF-53 Mobile Digital Terminals for the Police Department from CDW Government LLC, through the Department of Information Resources (DIR), in the amount of $87,163.32 .

These devices will be installed in new 2015 vehicles and existing vehicles for Detectives.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: 2014-2015 Acct Code: Varies Source of Funds (Operating/Capital/Bonds): Capital Funds Budgeted Y/N: Y Amount Needed: $87,163.32 Fiscal Impact (Additional Information): 20601-84042 (CCPD Police / Machinery & Equipment) $79,680.00 20065-SG200-84042 (Motor Carrier Violation / Machinery & Equipment) $2,811.72 20000-84042 (Police Operations / Machinery & Equipment) $4,671.60

Attachments Indebtedness Certification Ordinance - DIR Mobile Digital Terminals Ordinance - DIR Mobile Digital Terminals CITY OF BAYTOWN, TEXAS INDEBTEDNESS CERTIFICATION

Project Name: PURCHASE OF 31 PANASONIC CF-53 MOBILE DIGITAL TERMINALS

Company Name: CDW-G

Department: POLICE

Date: 11/3/14 COUNCIL DATE: 11/17/14 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 lo the City in the following areas:

®"not to be indebted to the City.

It iss he/abyhejKiby certified theabove4sabove* true and correct basedb onthe best information available.

lWnaog\i

For information regarding thiscertificate, please contact the Finance Director at 281-420-6531. If an appeal to this delcrmination is to be filed under section 2-664 of this code, please forward to the following address: City of Baytown Director of Finance PO Box 424 Baytown, TX 77522-0424 SliiQ'hu1ebtednessCertiJkiUion3-l2-10 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF EIGHTY-SEVEN THOUSAND ONE HUNDRED SIXTY-THREE AND 32/100 DOLLARS ($87,163.32) TO CDW GOVERNMENT LLC, FOR THIRTY-ONE (31) PANASONIC CF-53 MOBILE DIGITAL TERMINALS FOR THE POLICE DEPARTMENT THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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WHEREAS, the City of Baytown has entered into an interlocal cooperative contract with the Texas Department of Information Resources (“DIR”) for thirty-one (31) Panasonic CF-53 Mobile Digital Terminals for the Police Department; and

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 EIGHTY-SEVEN THOUSAND ONE HUNDRED SIXTY-THREE AND 32/100 DOLLARS ($87,163.32) to CDW Government LLC, for thirty-one (31) Panasonic CF-53 Mobile Digital Terminals for the Police Department.

______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\2014\November 17\DIRMobilDigitalTerminals.doc

BAYTOWN SPECIAL CITY COUNCIL 8. e. MEETING Meeting Date: 11/17/2014 Subject: Purchase of Seventeen (17) 2015 Chevrolet Vehicles along with the Purchase and Installation of Emergency Equipment Prepared for: Keith Dougherty, Police Prepared by: Karen Horner, Legal Department: Police

Information ITEM Consider an ordinance authorizing the purchase of one (1) 2015 Chevrolet 1/2 Ton Crew Cab and sixteen (16) 2015 Tahoe Trucks from Reliable Chevrolet, Inc., for the Police Department, through a cooperative purchasing agreement with Tarrant County; along with the purchase and installation of emergency equipment for the new vehicles from Fleet Safety Equipment, Inc., through the BuyBoard.

PREFACE This proposed ordinance authorizes the purchase of one (1) 2015 Chevrolet 1/2 Ton Crew Cab and sixteen (16) 2015 Tahoe Trucks from Reliable Chevrolet, Inc., for the Police Department, through a cooperative purchasing agreement with Tarrant County; along with the purchase and installation of emergency equipment for the new vehicles from Fleet Safety Equipment, Inc., through the BuyBoard for a total amount of $744,546.94. $501,746.80 is for the vehicles (including delivery) and $242,800.14 is for the equipment.

Eleven (11) of these vehicles are replacement vehicles and six (6) are additions to the patrol fleet. A detailed description is in the attached spreadsheet. While the purchase and installation of the equipment will be done by Fleet Safety Equipment, Inc., through the BuyBoard, the City will just make one payment for the total amount to Reliable Chevrolet, Inc., who will ensure that the equipment is installed. They will pay Fleet Safety Equipment, Inc., prior to the delivery of the vehicles to the City. This will expedite the City's receipt of the purchased vehicles.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: Acct Code: See Below Source of Funds (Operating/Capital/Bonds): Operating Funds Budgeted Y/N: Y Amount Needed: $744,546.94 Fiscal Impact (Additional Information): 20020-84043 = $568,435.00 20000-84043 = $176,111.94

Attachments Spreadsheet of Vehicles Ordinance - PD Vehicles and Equipment NEW & REPLACEMENT VEHICLES Fiscal Yr 2014 - 2015 Company New Vehicle Amount Budgeted Org/Acct # Department Vehicle Replaced

2008 Ford Crown Victoria VIN Reliable Chevrolet 2015 Chev Tahoe Police PPV $29,225.00 $30,000.00 20020-84043 Police #2FAFP71V28X148114. Totaled 2008 Ford Crown Victoria VIN Reliable Chevrolet 2015 Chev Tahoe Police PPV $29,225.00 $30,000.00 20020-84043 Police #2FAFP71V18X119461. Totaled 2007 Ford Crown Victoria VIN Reliable Chevrolet 2015 Chev Tahoe Police PPV $29,225.00 $30,000.00 20020-84043 Police #2FAFP71W17X113488. Totaled 2010 Ford Crown Victoria VIN Reliable Chevrolet 2015 Chev Tahoe Police PPV $29,225.00 $30,000.00 20020-84043 Police #2FABP7BV3AX101628. Totaled 2006 Ford Crown Victoria VIN Reliable Chevrolet 2015 Chev Tahoe Police PPV $29,225.00 $30,000.00 20020-84043 Police #2FAFP71W56X111578. 103957 miles

2007 Ford Crown Victoria VIN Reliable Chevrolet 2015 Chev Tahoe Police PPV $29,225.00 $30,000.00 20020-84043 Police #2FAFP71W07X113479. 115581 miles

2007 Ford Crown Victoria VIN Reliable Chevrolet 2015 Chev Tahoe Police PPV $29,225.00 $30,000.00 20020-84043 Police #2FAFP71W07X113482. 121305 miles

2007 Ford Crown Victoria VIN Reliable Chevrolet 2015 Chev Tahoe Police PPV $29,225.00 $30,000.00 20020-84043 Police #2FAFP71W27X113483. 109764 miles

2007 Ford Crown Victoria VIN Reliable Chevrolet 2015 Chev Tahoe Police PPV $29,225.00 $30,000.00 20020-84043 Police #2FAFP71W27X113484. 110347 miles

2007 Ford Crown Victoria VIN Reliable Chevrolet 2015 Chev Tahoe Police PPV $29,225.00 $30,000.00 20020-84043 Police #2FAFP71W27X113485. 115572 miles

2005 Ford E-250 VIN Reliable Chevrolet 2015 Chev Tahoe Police PPV $29,225.00 $30,000.00 20020-84043 Police #1FTNE24W15HA66812. 74877 miles

Reliable Chevrolet 2015 Chev Tahoe Police PPV $29,225.00 $29,000.00 20000-84043 Police New addition to Fleet

Reliable Chevrolet 2015 Chev Tahoe Police PPV $29,225.00 $29,000.00 20000-84043 Police New addition to Fleet Company New Vehicle Amount Budgeted Org/Acct # Department Vehicle Replaced

Reliable Chevrolet 2015 Chev Tahoe Police PPV $28,800.00 $25,000.00 20020-84043 Police New addition to Fleet

Reliable Chevrolet 2015 Chev 1500 Crew Cab P/U $28,202.80 $23,000.00 20000-84043 Police New addition to Fleet AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SEVEN HUNDRED FORTY-FOUR THOUSAND FIVE HUNDRED FORTY-SIX AND 94/100 DOLLARS ($745,746.94) TO RELIABLE CHEVROLET, INC., FOR THE PURCHASE OF ONE (1) 2015 CHEVROLET 1/2 TON CREW CAB AND SIXTEEN (16) 2015 TAHOE TRUCKS FOR THE POLICE DEPARTMENT, THROUGH A COOPERATIVE PURCHASING AGREEMENT WITH TARRANT COUNTY AND FOR THE PURCHASE AND INSTALLATION OF EMERGENCY EQUIPMENT FOR THE NEW VEHICLES FROM FLEET SAFETY EQUIPMENT, INC., THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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WHEREAS, the City Council of the City of Baytown has approved an Interlocal Agreement for cooperative purchasing with Tarrant County; and

WHEREAS, pursuant to such agreement, the City may make purchases based upon the bids received by Tarrant County; and

WHEREAS, Tarrant County has taken bids for one (1) 2015 Chevrolet 1/2 Ton Crew Cab and sixteen (16) 2015 Tahoe Trucks from Reliable Chevrolet, Inc., for the Police Department; and

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; 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 SEVEN HUNDRED FORTY-FOUR THOUSAND FIVE HUNDRED FORTY-SIX AND 94/100 DOLLARS ($745,746.94) to Reliable Chevrolet, Inc., as follows:

1. FIVE HUNDRED ONE THOUSAND SEVEN HUNDRED FORTY-SIX AND 80/100 DOLLARS ($501,746.80) for the purchase of one (1) 2015 Chevrolet 1/2 Ton Crew Cab and sixteen (16) 2015 Tahoe Trucks for the Police Department through the City’s cooperative purchasing agreement with Tarrant County, and

2. TWO HUNDRED FORTY-TWO THOUSAND EIGHT HUNDRED AND NO/100 DOLLARS ($242,800.00) for the purchase and installation of emergency equipment for the new vehicles purchased pursuant to this section through Fleet Safety Equipment, Inc., through the Texas Local Government Purchasing Cooperative (Buy Board). 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, provided that the original contract price of each item specified in Section 1 hereof 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 17th day of November, 2014.

______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\2014\November 17\TarrantCountyCooperativePurchase&BuyboardPurchase.doc

BAYTOWN SPECIAL CITY COUNCIL 8. f. MEETING Meeting Date: 11/17/2014 Subject: Cooperative Purchasing Agreement with the City of Garland Prepared for: Ignacio Ramirez, Legal Prepared by: Karen Horner, Legal Department: Legal

Information ITEM Consider an ordinance authorizing a cooperative purchasing agreement with the City of Garland.

PREFACE This proposed ordinance authorizes a cooperative purchasing agreement with the City of Garland ("Garland").

Garland has contacted the City requesting that the City enter into a cooperative purchasing agreement with it in order for Garland to utilize the City's Dataprose contract. By entering into the agreement, Garland will be able to take advantage of the bids the City receives for various goods and services, including Dataprose, and, if desired, the City will be able to take advantage of bids that Garland receives as well.

The City has entered into cooperative purchasing agreements with other governmental entities in the past in order to take advantage of pricing. This proposed agreement is similar to those agreements. There is no cost or liability for the City of Baytown in this agreement.

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 Ordinance - Cooperative Purchasing Agreement with the City of Garland Exhibit A - Cooperative Purchasing Agreement with the City of Garland AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A COOPERATIVE PURCHASING AGREEMENT WITH THE CITY OF GARLAND; 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 City Manager to execute and the City Clerk to attest to a cooperative purchasing agreement with the City of Garland. 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 17th day of November, 2014.

______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\2014\November 17\CityofGarlandCooperativePurchasingAgreement.doc

BAYTOWN SPECIAL CITY COUNCIL 8. g. MEETING Meeting Date: 11/17/2014 Subject: Consider prescribing the Number of Positions in the Classification "Service Group - Fire" Prepared for: Shon Blake, Fire Prepared by: Karen Horner, Legal Department: Fire

Information ITEM Consider an ordinance prescribing the number of positions in each classification in "Service Group - Fire."

PREFACE Civil service law requires the City Council to provide for the classification of all firefighters, and to establish the number of positions in each classification. This proposed ordinance updates Ordinance No. 12,420 based upon the FY2014-15 budget to prescribe the number of positions in each classification in "Service Group - Fire" as follows:

Existing Number of New Number of Classification Positions Positions Fire Chief 1 1 Assistant Fire Chief 3 4 EMS Coordinator 1 -- Fire Battalion Chief 5 5 Non-Fire Paramedic Supervisor 3 -- Lieutenant 27 30 Fire Equipment Operator 21 21 Firefighter 64 85 Non-Fire Paramedic 18 2 Total 143 148

There will be no other person who will hold a position in the classification of Non-Fire Paramedic other than current employees in those positions. As these employees leave the Fire Department through retirement, resignation or otherwise, the number of authorized positions in the classifications shall be reduced accordingly and a new position shall be added as follows:

Abolished Position New Position Non-Fire Paramedic Firefighter Non-Fire Paramedic Firefighter The classifications of EMS Coordinator and Non-Fire Paramedic Supervisor have been abolished, as persons holding positions in such classifications have acquired their firefighter certification and are now in the classification of Assistant Chief or Lieutenant.

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): No Fiscal Impact.

Attachments Ordinance - Classificaiton and Number of Firefighters AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION IN THE FIRE DEPARTMENT; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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WHEREAS, the number of positions in the Fire Department was last established by the City Council on the 18th day of November, 2013, via Ordinance No. 12,420 wherein the number of persons in each classification of the Fire Department was provided as follows:

Fire Chief ...... 1 Assistant Fire Chief...... 3 (Subject to provisions enacted by Ordinance No. 8355) EMS Coordinator ...... 1 Fire Battalion Chief...... 5 Non-Fire Paramedic Supervisor ...... 3 Lieutenant ...... 27 Fire Equipment Operator ...... 21 Fire Fighter...... 64 Non-Fire Paramedic ...... 18; and

WHEREAS, the City Council now desires to update the number of positions in each classification to account for the positions created in the Fiscal Year 2014-2015 budget; NOW THEREFORE,

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

Section 1: That the number of positions in each classification in the Fire Department shall be as follows:

Fire Chief ...... 1 Assistant Fire Chief...... 4 (Subject to provisions enacted by Ordinance No. 8355) Fire Battalion Chief...... 5 Lieutenant ...... 30 Fire Equipment Operator ...... 21 Fire Fighter...... 85 Non-Fire Paramedic1 ...... 2

1 In accordance with Ordinance No. 12,130, if a person in the classification Non-Fire Paramedic obtains his firefighter certification, a new position in the classification Fire Fighter shall be created and the classification and such person’s position in the classification of Non-Fire Paramedic shall be abolished.

Section 3: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or the set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable.

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 17th day of November, 2014.

______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\2014\November 17\NumberPositionsNFireClassifications.doc

2 BAYTOWN SPECIAL CITY COUNCIL 8. h. MEETING Meeting Date: 11/17/2014 Subject: Amending Ordinance No. 12,421, Prescribing the Number of Positions in the Classification "Service Group - Police" Prepared for: Keith Dougherty, Police Prepared by: Karen Horner, Legal Department: Police

Information ITEM Consider amending Ordinance No. 12,421 to prescribe the number of positions in the classification "Service Group - Police."

PREFACE This proposed ordinance amends Ordinance No. 12,421 to prescribe the number of positions in the classification "Service Group - Police."

As our Police Department grows in size we will need to occasionally add additional supervisors to ensure the proper span of control and efficient supervision. The adopted 2014-2015 budget adds five new Patrol Officer positions and one new Sergeant position to our City. Therefore, the Police Department will have following number of positions in each classification: Existing Number of New Number of Classification Positions Positions Chief of Police 1 1 Assistant Chief (In accordance with Chapter 143 of the Texas Local 3 3 Government Code, 2 appointed assistant chief position and 1 tested assistant chief position) Lieutenant 8 8 Sergeant 15 16 Patrol Officer 134 139 Total 161 167

Civil service law requires the City Council to provide for the classification of all police officers, and to establish the number of positions in each classification. Since no new classifications are proposed, this ordinance merely updates the number of officers in each existing classification. RECOMMENDATION Staff recommends approval.

Attachments Ordinance - PD Classificaiton and Number AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING ORDINANCE NO. 12,421 PRESCRIBING THE NUMBER OF POSITIONS IN THE CLASSIFICATION “SERVICE GROUP – POLICE” TO UPDATE THE NUMBER OF POSITIONS IN EACH CLASSIFICATION AND TO INCLUDE THE POSITIONS CREATED IN THE FY2014-15 BUDGET; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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WHEREAS, Section 143.021(a) of the Texas Local Government Code requires that the City Council by ordinance prescribe the classifications of all police officers by ordinance; and

WHEREAS, the City Council last prescribed the classifications of all police officers and the number of positions in each classification of the Police Department on November 18, 2013, via Ordinance No. 12,421 as follows:

Chief of Police ...... 1 Assistant Chief ...... 3 (In accordance with Chapter 143 of the Texas Local Government Code, 2 appointed assistant chief positions and 1 tested assistant chief position) Lieutenant…………………………………………………………..8 Sergeant..…………………………………………………………..15 Patrol Officer.……………………………………………………...134; and

WHEREAS, the City Council now desires to amend a classification in “Service Group – Police” to update the number of positions in each classification and to include the positions created in the FY2014-15 budget; NOW THEREFORE

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

Section 1: That Section 1 of Ordinance No. 12,421, passed the 18th day of November, 2013, relating to the number of positions in the Classification “Service Group-Police,” is hereby amended to read as follows:

That the number of positions in each classification in the police department shall be as follows:

Chief of Police ...... 1 Assistant Chief ...... 3 (In accordance with Chapter 143 of the Texas Local Government Code, 2 appointed assistant chief positions and 1 tested assistant chief position) Lieutenant…………………………………………………………..8 Sergeant..…………………………………………………………..16 Patrol Officer.……………………………………………………...139

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 17th day of November, 2014.

______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\2014\November 17\PDPositions.doc 2

BAYTOWN SPECIAL CITY COUNCIL 8. i. MEETING Meeting Date: 11/17/2014 Subject: Interlocal Agreement with MDD for Funding Property Acquisition Costs Related to the San Jacinto Boulevard Project Prepared for: Ignacio Ramirez, Legal Prepared by: Karen Horner, Legal Department: Legal

Information ITEM Consider an ordinance authorizing an Interlocal Agreement with the Baytown Municipal Development District for the funding of property acquisition costs related to the San Jacinto Boulevard Project.

PREFACE This ordinance authorizes an Interlocal Agreement with the Baytown Municipal Development District ("MDD") for the funding of property acquisition costs related to the San Jacinto Boulevard Project.

Additional land needs to be acquired for the construction of the San Jacinto Boulevard Project. This proposed ordinance authorizes an agreement whereby MDD will pay up to $500,000 for the acquisition of the additional property needed for the project.

The Board of Directors of the Baytown Municipal Development District approved this Interlocal Agreement at its November 6th meeting.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): MDD Funds Budgeted Y/N: Amount Needed: $500,000. Fiscal Impact (Additional Information): Attachments Ordinance - MDD Interlocal for San Jacinto Blvd Acquisition Costs Exhibit A - MDD Interlocal for San Jacinto Blvd Acquisition Costs AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR THE FUNDING OF PROPERTY ACQUISITION COSTS RELATED TO THE SAN JACINTO BOULEVARD PROJECT; 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 City Manager to execute and the City Clerk to attest to the Interlocal Agreement with the Baytown Municipal Development District for the funding of property acquisition costs related to the San Jacinto Boulevard Project. 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 17th day of November, 2014.

______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\2014\November 17\MDDInterlocal4SanJacintoAcquisitionCosts.doc Exhibit "A"

AGREEMENT FOR FUNDING OF PROPERTY ACQUISITION COSTS FOR THE SAN JACINTO BOULEVARD PROJECT STATE OF TEXAS § § COUNTY OF HARRIS § This Agreement for Funding of Property Acquisition Costs for the San Jacinto Boulevard Project (the “Agreement”) is made by and between the CITY OF BAYTOWN, a municipal corporation located in Harris and Chambers Counties, Texas, (the “City”) and the BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT, created under Chapter 377 of the Texas Local Government Code, as amended, (the “Act”) and located in Harris County, Texas, (the “District”). For and in consideration of the mutual covenants herein contained, it is agreed as follows:

Section 1. Representations and Warranties of District. a) The District is engaged in an on-going effort to provide new resources to plan, acquire, establish, develop, construct and/or renovate one or more development projects beneficial to the District, which includes the incorporated limits of the City lying within Harris County. b) The District covenants that it shall actively work to productively coordinate its activities with the City in an effort to reduce duplication of services. c) The District represents and warrants that it has been properly created and is duly authorized pursuant to the Act to enter into this Agreement.

Section 2. Description of Program. The City, with the assistance of the District as herein specified, agrees to acquire property associated with the San Jacinto Boulevard Project (the “Project”).

Section 3. Reports. The City shall prepare and submit to the District within 120 days after the end of each fiscal year during the term of this Agreement a verbal or brief written report describing the services performed by the City pursuant to this contract during the previous year along with a summary of expenditures for the previous fiscal year.

Section 4. Approvals. The District understands, hereby directs and authorizes the City to make any Project clarifications and/or modifications as may be necessary as determined by the City in its sole discretion.

Section 5. Funds to be provided by the District. For and in consideration of the services to be provided by the City in furtherance of this Agreement, the District shall tender funds to the City in an amount not to exceed FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000.00). All payments required to be made herein shall be payable on or before 30 days after the District receives an invoice therefor from the City.

Section 6. Term. This Agreement shall be effective on the date of execution of this Agreement by the City Manager, and shall expire thirty (30) days after final completion and acceptance of the Project by the City, unless sooner terminated by either party hereto pursuant to the terms hereof.

Agreement for Funding of Property Acquisition Costs for the San Jacinto Boulevard Project, Page 1 Section 7. Termination for Cause. A party may terminate its performance under this contract only upon default by the other party. Default by a party shall occur if the party fails to perform or observe any of the terms and conditions of this Agreement required to be performed or observed by that party. Should such a default occur, the party against whom the default has occurred shall have the right to terminate all or part of its obligations under this contract as of the 30th day following the receipt by the defaulting party of a notice describing such default and intended termination, provided: (1) such termination shall be ineffective if within said 30-day period the defaulting party cures or has commenced the cure of the default, or (2) such termination may be stayed, at the sole option of the party against whom the default has occurred, pending cure of the default.

Upon the termination of this Agreement, both parties shall be relieved of their respective obligations herein stated, except for those referenced in Section 9 hereinbelow. This Agreement shall not be subject to termination for convenience.

Section 8. Force Majeure. Any prevention, delay, nonperformance, or stoppage due to any of the following causes shall excuse nonperformance for the period of any such prevention, delay, nonperformance, or stoppage, except the obligations imposed by this Agreement for the payment of funds allocated for the District’s programs. The causes referred to above are strikes, lockouts, labor disputes, failure of power, acts of God, acts of public enemies of this State or of the United States, riots, insurrections, civil commotion, inability to obtain labor or materials or reasonable substitutes for either, governmental restrictions or regulations or controls, casualties or other causes beyond the reasonable control of the party obligated to perform.

Section 9. Refund and Payment upon Termination. Upon termination of this Agreement pursuant to Section 7 hereof due to an uncured default by the City, the City hereby agrees to refund all unexpended, unappropriated monies previously paid by the District to the City pursuant to this Agreement. If at the time of termination the District owes the City monies, the District shall remit to the City the appropriate amount computed as of the effective date of the termination.

Upon termination of this Agreement pursuant to Section 7 hereof due to an uncured default by the District, the District hereby agrees to pay the total amount committed in Section 5 hereof on or before the effective date of the termination.

Section 10. Parties in Interest. This contract shall bind and benefit the City and the District and shall not bestow any rights upon any third parties.

Section 11. Non-waiver. Failure of either party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing thereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce, by an appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance.

Section 12. Compliance with Applicable Laws. The parties hereto shall comply with all rules, regulations, and laws of the United States of America, the State of Texas, and all laws, regulations, and ordinances of the City of Baytown as they now exist or may hereafter be enacted or amended.

Agreement for Funding of Property Acquisition Costs for the San Jacinto Boulevard Project, Page 2 Section 13. Choice of Law; Venue. This contract is subject to and shall be construed in accordance with the laws of the State of Texas, the laws of the federal government of the United States of America and all rules and regulations of any regulatory body or officer having jurisdiction. This contract is performable in Harris County, Texas.

Section 14. Notices. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address described below or at such other address as the receiving party may have theretofore prescribed by notice to the sending party:

District Baytown Municipal Development District Attn: President, Board of Directors P.O. Box 424 Baytown, Texas 77522-0424 Fax: (281) 420-6586

City City of Baytown Attn: City Manager P.O. Box 424 Baytown, Texas 77522-0424 Fax: (281) 420-6586

Section 15. Audits. The City and the District may, at any reasonable time, conduct or cause to be conducted an audit of the other parties’ records and financial transactions. The cost of said audit will be borne by the entity requesting the audit. The City and the District shall make available all of its records in support of the audit.

Section 16. Ambiguities. In the event of any ambiguity in any of the terms of this contract, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same.

Section 17. Captions. The captions of the sections and subsections, if any, of this Agreement are for convenience and ease of reference only and do not define, limit, augment or describe the scope, content or intent of this Agreement or of any part or parts of this Agreement.

Section 18. Entire Agreement. This Agreement contains all the agreements of the parties relating to the subject matter hereof and is the full and final expression of the agreement between the parties. Any oral representations or modifications concerning this instrument are of no force or effect excepting a subsequent modification in writing signed by all the parties hereto.

Section 19. Assignment or Transfer of Rights or Obligations. The City shall not sell, assign, or transfer any of its rights or obligations under this Agreement in whole or in part without prior written consent of the District.

Agreement for Funding of Property Acquisition Costs for the San Jacinto Boulevard Project, Page 3 Section 20. Severability. All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect.

Section 21. Authority. The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents.

IN WITNESS WHEREOF, the parties have made and executed this contract in multiple copies, each of which shall be an original and effective on the day of November, 2014.

CITY OF BAYTOWN BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT

ROBERT D. LEIPER STEPHEN H. DONCARLOS City Manager President

ATTEST: ATTEST:

LETICIA BRYSCH LETICIA BRYSCH City Clerk Assistant Secretary

APPROVED AS TO FORM: APPROVED AS TO FORM:

IGNACIO RAMIREZ, SR. IGNACIO RAMIREZ, SR. City Attorney General Counsel

R:\Karen\Files\City Council\Municipal Development District\Contracts\Contracts 2014\SanJacintoBoulevardPropertyAcquisitionCosts.docx

Agreement for Funding of Property Acquisition Costs for the San Jacinto Boulevard Project, Page 4 BAYTOWN SPECIAL CITY COUNCIL 8. j. MEETING Meeting Date: 11/17/2014 Subject: Authorize an Industrial District Agreement with NRG Cedar Bayou Development Company, LLC, & Optim Energy Cedar Bayou 4, LLC. Prepared for: Ignacio Ramirez, Legal Prepared by: Karen Horner, Legal Department: Legal

Information ITEM Consider an ordinance authorizing an Industrial District Agreement with NRG Cedar Bayou Development Company, LLC, and Optim Energy Cedar Bayou 4, LLC.

PREFACE This proposed ordinance authorizes an Industrial District Agreement with NRG Cedar Bayou Development Company, LLC, and Optim Energy Cedar Bayou 4, LLC, for tax years 2014 through 2020 at a base value of $140,066,400. The first payment pursuant to this agreement will be for tax year 2014. This proposed agreement is consistent with the Industrial District Policy for existing companies adopted on November 12, 2009, and amended March 14, 2013.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: FY2015 Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact (Additional Information): First year revenue from this agreement, exclusive of public community improvement funds, is projected to be $702,346.58.

Attachments Ordinance - NRG & Optim IDA Exhibit A - NRG & Optim 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 NRG CEDAR BAYOU DEVELOPMENT COMPANY, LLC, AND OPTIM ENERGY CEDAR BAYOU 4, 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 NRG Cedar Bayou Development Company, LLC, and Optim Energy Cedar Bayou 4, 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 17th day of November, 2014.

______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\2014\November 17\IDAwithNRGCedarBayou&OptimEnergy.doc Exhibit "A"

BAYTOWN SPECIAL CITY COUNCIL 8. k. MEETING Meeting Date: 11/17/2014 Subject: Development Agreement with JSS Acquistition, LLC Prepared for: Bob Leiper, City Management Prepared by: Karen Horner, Legal Department: City Management

Information ITEM Consider an ordinance authorizing a development agreement with JSS Acquisition, LLC.

PREFACE This proposed ordinance authorizes a development agreement with JSS Acquisition, LLC (the "Developer") for the development of a multifamily complex on approximately 13.5 acres of land located in Harris County, Texas.

The development agreement provides for certainty in regulatory requirements and development standards for the property. Specifically, the agreement imposes certain requirements on the development to insure a quality development. Specifically, pursuant to the agreement, the Developer is required to meet or exceed all of the standards in Section 3.12 of the ULDC as if the property were being developed in a mid-rise density mixed residential dwellings zoning district, including masonry, building articulation, site design, building orientation, and recreation space requirements.

RECOMMENDATION Staff recommends approval.

Attachments Ordinance - JSS Acquisition Development Agreement Exhibit A - Development Agreement Exhibits A & B - Property and Project Description AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A DEVELOPMENT AGREEMENT WITH JSS ACQUISTITION, 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 hereby authorizes and directs the City Manager to execute a Development Agreement with JSS Acquistition, LLC. Said agreement is attached 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 17th day of November, 2014.

______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\2014\November 17\JSSAcquisitionDevelopmentAgreement.doc Exhibit "A"

BAYTOWN SPECIAL CITY COUNCIL 8. l. MEETING Meeting Date: 11/17/2014 Subject: Consider Authorizing the Closeout of the Bay Oaks Harbor Road Improvement Project. Prepared for: Jose Pastrana, Engineering Prepared by: Linda Newsted, Engineering Department: Engineering

Information ITEM Consider an ordinance authorizing the closeout and acceptance of the Bay Oaks Harbor Road Improvement Project and the release of retainage to Angel Brothers Enterprises Ltd.

PREFACE This proposed ordinance authorizes the closeout and acceptance of the Bay Oaks Harbor Road Improvement Project and the release of retainage to Angel Brothers Enterprises Ltd., in the amount of $74,209.76.

The original contract price of this project was $1,461,903.00. Two change orders were approved in the amount of $26,297.25; bringing the final contract amount to $1,488,200.25.

The scope of work included approximately 4,400 linear feet of street work for Bay Island Boulevard and Bay Oaks Harbor Drive.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: Acct Code: 312 - 20601 Source of Funds (Operating/Capital/Bonds): GOs Funds Budgeted Y/N: Amount Needed: $74,209.76 Fiscal Impact (Additional Information): This is the release of funds that were withheld from previous payments to the contractor. Attachments Retainage Pay Application Ordinance - Final Pay for Bay Oaks Harbor Road Improvement Project

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BAY OAKS HARBOR ROAD IMPROVEMENT PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF SEVENTY-FOUR THOUSAND TWO HUNDRED NINE AND 76/100 DOLLARS ($74,209.76) TO ANGEL BROTHERS ENTERPRISES LTD, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************************************************** WHEREAS, the City of Baytown contracted with Angel Brothers Enterprises Ltd, for the Bay Oaks Harbor Road Improvement Project (the “Project”); and WHEREAS, all of the said improvements, as provided in the plans and specifications heretofore prepared by the City’s engineer and as approved and adopted by the City Council have been performed and completed in full accordance with all of the terms and conditions of the aforesaid contract; and WHEREAS, the City’s engineer in the manner provided by the terms of the said contract and the plans and specifications thereof, has approved and accepted the Bay Oaks Harbor Road Improvement Project, has heretofore issued his Certificate of Final Acceptance, has certified same to the City Council, and has recommended that it accept and receive said work and improvements as constructed and completed by Contractor; and WHEREAS, there remains due and owing to Angel Brothers Enterprises Ltd, the sum of SEVENTY- FOUR THOUSAND TWO HUNDRED NINE AND 76/100 DOLLARS ($74,209.76); NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council hereby accepts and approves the above-described work and improvements, and finds and determines that all of said improvements have been completed as provided in the plans and specifications thereof, and in full accordance with all of the terms and provisions of the aforesaid contract. Section 2: That the Certificate of Final Acceptance heretofore issued by the City’s engineer and certified to the City Council is hereby accepted and received. Section 3: That final payment to Angel Brothers Enterprises Ltd, in the amount of SEVENTY- FOUR THOUSAND TWO HUNDRED NINE AND 76/100 DOLLARS ($74,209.76) is hereby authorized. 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 17th day of November, 2014. ______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\2014\November 17\FinalPay4BayOaksHarborRoadImprovementProject.doc BAYTOWN SPECIAL CITY COUNCIL 8. m. MEETING Meeting Date: 11/17/2014 Subject: Consider the Purchase of Survey Equipment for Engineering. Prepared for: Jose Pastrana, Engineering Prepared by: Linda Newsted, Engineering Department: Engineering

Information ITEM Consider an ordinance authorizing the purchase of Trimble Survey Equipment from Martin Instrument, Inc., through the Department of Information Resources (DIR).

PREFACE This proposed ordinance authorizes the purchase of Trimble Survey Equipment from Martin Instrument, Inc., through the Department of Information Resources (DIR), in the amount of $52,371.42.

This GPS equipment replaces equipment purchased in 2002 and 2008, which is no longer supported by the manufacturer but is used by city staff while performing daily survey duties.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: Acct Code: 30310 - 84042 Source of Funds (Operating/Capital/Bonds): Operating Funds Budgeted Y/N: Y Amount Needed: $52,371.42 Fiscal Impact (Additional Information):

Attachments Quote Ordinance - DIR Surveying Equipment MARTIN INSTRUMENT 116 E. Huntland Dr Austin TX 78752 512-282-4099 Phone 512-419-0084 Fax www.martininstrument.com

Quotation For: Date: 10/15/2014 Dale Hughes City of Baytown P O Box 424 Baytown, TX 77522

Item Part No Description Qty Unit Price Total Price Trimble R10, internal 410-470 MHz 1 R10-001-60 radio 1 $ 25,500.00 $ 25,500.00 Trimble R7 GNSS Base Kit, 1 2 R7200-46 Internal 450-470 MHz Radio 1 $ 20,045.00 $ 20,045.00

3 FG4603 460-470 MHz Fiberglass Omni 1 $ 183.00 $ 183.00

4 LAIL350NN Antenex In Line Lighting Arrestor 1 $ 80.74 $ 80.74 Cable - 100' TNC to TNC radio - 5 64922-30 TDL450 2 $ 200.00 $ 400.00 CU - TSC3, w/Trimble Access ABCD 9 TSC3111-001 keypad with Internal Radio 1 $ 7,345.00 $ 7,345.00 TDL 450H - 35W Radio System Kit, 10 TDL 450 RADIO 450-470MHz 1 $ 3,026.00 $ 3,026.00 Cable - SAE to Alligator Clips (HPB 11 CA-1306-07 radio) 1 $ 65.00 $ 65.00 Rod - 2m Snap-lock Range Pole with 12 MI-RBPKG Bipod 1 $ 350.00 $ 350.00 Trimble TSC3 Accessory - Range 13 82758-00 Pole Bracket 1 $ 155.00 $ 155.00 Trimble Business Center Advanced - 14 63610-00 Dongle License 1 $ 2,995.00 $ 2,995.00 15 Less Less DIR-SDD-1798 Discount 1 $ (7,773.32) $ (7,773.32) TOTAL $ 52,371.42 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIFTY-TWO THOUSAND THREE HUNDRED SEVENTY-ONE AND 42/100 DOLLARS ($52,371.42) TO MARTIN INSTRUMENT, INC., FOR TRIMBLE SURVEY EQUIPMENT FOR THE ENGINEERING DEPARTMENT THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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WHEREAS, the City of Baytown has entered into an interlocal cooperative contract with the Texas Department of Information Resources (“DIR”) for Trimble Survey Equipment for the Engineering Department; and

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 FIFTY-TWO THOUSAND THREE HUNDRED SEVENTY-ONE AND 42/100 DOLLARS ($52,371.42) to Martin Instrument, Inc., for Trimble Survey Equipment for the Engineering Department.

______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\2014\November 17\DIRSurveyEquipment4Engineering.doc

BAYTOWN SPECIAL CITY COUNCIL 8. n. MEETING Meeting Date: 11/17/2014 Subject: Consider Awarding a Construction Contract and Change Order for the Annual Waterline Rehabilitation Project Prepared for: Jose Pastrana, Engineering Prepared by: Linda Newsted, Engineering Department: Engineering

Information ITEM Consider an ordinance awarding a construction contract and Change Order No. 1 for the Annual Waterline Rehabilitation Project to SKE Construction.

PREFACE This proposed ordinance awards a construction contract for the Annual Waterline Rehabilitation Project to SKE Construction, LLC., in the amount not to exceed $804,756.25 which includes a 25% change order. Work under this Annual Waterline Rehabilitation Project is performed on a work order basis. The scope of work includes, but is not limited to: pipe bursting of potable water lines, service connections, fire hydrant assembly installation, television inspection, concrete and asphalt pavement replacement, annular and void space grouting, and hydro-mulch seeding. One bid was received and publicly opened on October 28, 2014, at 2:00 p.m. in the Council Chambers. SKE was the only bidder. The bid is in line with previous bid costs.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: Acct Code: 52704 - WASF2250 Source of Funds (Operating/Capital/Bonds): Water & Sewer CIPF Funds Budgeted Y/N: Amount Needed: $804,756.25 Fiscal Impact (Additional Information):

Attachments Bid Tabulation Indebtedness Certification Ordinance - Award Annual Waterline Rehabilitation Project Exhibit A - Change Order BID OPENING

Project: Annual Waterline Rehabilitation Project Date: 10/28/2014 Time: 2:00 PM Location: Council Chamber

Affidavit of Conflict of Bid Company Addendums Bid Ownership Interest Bond

S££ CcrtS'TRocrrxoiJ s/ S S / \8o*5>.oe> CITY OF BAYTOWN, TEXAS INDEBTEDNESS CERTIFICATION

Project Name: 2015 Annual Waterline Rehabilitation Project

Company Name: SKE Construction, LLC

Department: Engineering

Date: 10/29/2014

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

O to beindebted totheCity inthe following areas:

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

iHH-aoN Director ofFinance 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 ofBaytown Director of Finance PO Box 424 Baytown, TX 77522-0424 Slh/Q/lndebtednessCertification/3-12-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF SKE CONSTRUCTION, LLC, FOR THE ANNUAL WATERLINE REHABILITATION PROJECT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH SKE CONSTRUCTION, LLC, FOR THE ANNUAL WATERLINE REHABILITATION PROJECT; AUTHORIZING CHANGE ORDER NO. 1 WITH SKE CONSTRUCTION, LLC, FOR SAID PROGRAM; AUTHORIZING TOTAL PAYMENT NOT TO EXCEED THE SUM OF EIGHT HUNDRED FOUR THOUSAND SEVEN HUNDRED FIFTY-SIX AND 25/100 DOLLARS ($804,756.25); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ******************************************************************************************** WHEREAS, the City of Baytown did advertise for bids for the Annual Waterline Rehabilitation Project to be received on October 28, 2014; 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 2:00 o'clock p.m., Tuesday, October 28, 2014, 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 SKE Construction, LLC, for the Annual Waterline Rehabilitation Project according to the plans and specifications set forth by the City’s engineer and authorizes payment of an amount of SIX HUNDRED FORTY-THREE THOUSAND EIGHT HUNDRED FIVE AND NO/100 DOLLARS ($643,805.00); 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 SKE Construction, LLC, 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 the City Council does hereby authorize Change Order No. 1 with SKE Construction, LLC, for the Annual Waterline Rehabilitation Project. A copy of said change order is attached hereto, marked Exhibit “A” and made a part hereof for all intents and purposes. Section 3: That the City Council of the City of Baytown, Texas hereby authorizes payment of an amount not to exceed ONE HUNDRED SIXTY THOUSAND NINE HUNDRED FIFTY-ONE AND 25/100 DOLLARS ($160,951.25) based upon the unit prices specified in the bid in accordance with Change Order No. 1 authorized in Section 2 hereof. 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 17th day of November, 2014.

______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\2014\November 17\AwardAnnualWaterlineRehabilitationProject.doc Exhibit "A"

BAYTOWN SPECIAL CITY COUNCIL 8. o. MEETING Meeting Date: 11/17/2014 Subject: Harris County Radio Airtime Prepared for: Edward Tomjack, Information Technology Services Prepared by: Edward Tomjack, Information Technology Services Department: Information Technology Services

Information ITEM Consider an ordinance authorizing payment to Harris County for radio airtime.

PREFACE This proposed ordinance authorizes payment in the amount not to exceed $150,000 to Harris County for radio airtime. This payment is for the period of October 1, 2014, through September 30, 2015. The City has an interlocal agreement with Harris County for providing radio services for Public Safety, Public Works, Parks & Recreation, Engineering and Health Departments on their 800Mhz radio system. Harris County ITC manages all radio functionality and coordinates with the City on radio configuration and operation. The City provides and programs the actual hardware devices. This item supports the City's vision of enhancing public safety.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: 2015 Acct Code: 10710-74011 Source of Funds (Operating/Capital/Bonds): Operating Funds Budgeted Y/N: Y Amount Needed: $150,000 Fiscal Impact (Additional Information):

Attachments Ordinance - Harris County Radio Airtime AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($150,000.00) TO HARRIS COUNTY FOR ITS RADIO AIRTIME LEASE FOR THE PERIOD COMMENCING ON OCTOBER 1, 2014, AND ENDING SEPTEMBER 30, 2015; 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 the payment in an amount not to exceed ONE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($150,000.00) to Harris County for its radio airtime lease for the period commencing on October 1, 2014, and ending September 30, 2015.

Section 2: That the City Manager is hereby granted general authority to approve any change involving a decrease or an increase in amount authorized in Section 1 hereinabove of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) or less; however, 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 Harris County 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 17th day of November, 2014.

______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\2014\November 17\HarrisCountyRadioAirTimeAnnualFees.doc

BAYTOWN SPECIAL CITY COUNCIL 8. p. MEETING Meeting Date: 11/17/2014 Subject: Ordinance: Texas Commission on Environmental Quality Annual Consolidated Water Quality Fees - Public Works. Prepared for: Nick Woolery, Public Works Prepared by: Gerald Gutierrez, Public Works Department: Public Works

Information ITEM Consider an ordinance approving the payment of the Texas Commission on Environmental Quality fee for the City's four (4) wastewater treatment plants.

PREFACE This proposed ordinance approves the payment of the Texas Commission on Environmental Quality ("TCEQ") fee for the City's four (4) wastewater treatment plants.

The water quality assessment fees fund a State program to assess the quality of the river basins of the State, which is in response to the Clean Water Act. Senate Bill 818 requires TCEQ to recover the reasonable cost of the assessment program from wastewater treatment permit holders and water rights holders. We do not have the option of not paying these fees and retaining our wastewater discharge permits.

The consolidated water quality fees, assessed annually each October 31st, in accordance with Title 30, Chapter 305, Subchapter M of the Texas Administrative Code, are imposed on each permittee holding a permit under Chapter 26 of the Texas Water Code. All fees are deposited in a fund for the purpose of supplementing other funds appropriated by the legislature to pay the expenses of TCEQ to administer water quality programs, consistent with the provisions of Chapter 26 of the Texas Water Code, the rules and orders of TCEQ, and the provisions of TCEQ permits governing waste discharge and water treatment facilities. Point calculations are based on the daily average flow limits and permitted parameters specific in the permits. The fee for this year is $132,156.00.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: Acct Code: 30520 - 74021 Source of Funds (Operating/Capital/Bonds): Operating Funds Budgeted Y/N: Y Amount Needed: $132,156. Fiscal Impact (Additional Information):

Attachments Ordinance - TCEQ Annual Fees AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT IN THE AMOUNT OF ONE HUNDRED THIRTY- TWO THOUSAND ONE HUNDRED FIFTY-SIX AND NO/100 DOLLARS ($132,156.00) TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR THE ANNUAL CONSOLIDATED WATER QUALITY FEES FOR THE CITY'S FOUR (4) WASTEWATER TREATMENT PLANTS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. *************************************************************************************

WHEREAS, the Texas Commission on Environmental Quality (“TCEQ”) in response to the Clean Water Act has established a program to assess the quality of the river basins of the State; and

WHEREAS, Senate Bill 818 requires the TCEQ to recover the reasonable cost of the assessment program from wastewater treatment permit holders and water rights holders; and WHEREAS, the Consolidated Water Quality Fees are assessed annually each October 31st and imposed on each person holding a permit under the V.T.C.A., Water Code, §§26.001, et seq.; 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, Texas, hereby authorizes the payment in the amount of ONE HUNDRED THIRTY-TWO THOUSAND ONE HUNDRED FIFTY-SIX AND NO/100 DOLLARS ($132,156.00) to the Texas Commission on Environmental Quality for the Annual Consolidated Water Quality Fees for the City's four (4) Wastewater Treatment Plants. Section 2: That the City Manager is hereby granted general authority to approve any change involving a decrease or an increase in amount authorized in Section 1 hereinabove of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) or less; however, 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 Texas Commission on Environmental Quality 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 17th day of November, 2014.

______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\2014\November 17\TCEQAnnualFees.doc BAYTOWN SPECIAL CITY COUNCIL 9. a. MEETING Meeting Date: 11/17/2014 Subject: Sign Committee Appointments Prepared for: Leticia Brysch, City Clerk's Office Prepared by: Raquel Martinez, City Clerk's Office Department: City Clerk's Office

Information ITEM Consider five (5) appointments to the Sign Committee.

PREFACE The Sign Committee is a five (5) member Committee appointed by the Mayor to serve two (2) year terms. The Committee is composed of two (2) real estate appraisers, each of whom must be a member in good standing of a nationally recognized professional appraiser society or trade organization that has an established code of ethics, educational program, and professional certification program, one (1) person engaged in the sign business in the municipality, one (1) employee of the Texas Department of Transportation who is familiar with real estate valuations in eminent domain proceedings, and one (1) architect or landscape architect licensed by this state.

The following five (5) members' terms are set to expire on November 30, 2014: Chet Theiss, Real Estate Appraiser Steve Starett, Real Estate Appraiser Al Busch, Architect Vacancy, Sign Company Vacancy, Texas Dept. of Transportation TX DOT Mr. Chet Theiss, Mr. Steve Starett, and Mr. Al Bush are all eligible for reappointment and desire to serve another two year term beginning December 1, 2014, and ending November 30, 2016. There are two vacancies on this Board, one for a representative of the sign business community and the other being an employee of TxDOT. We have received one application from Mr. Lucio Ortiz for the TxDOT employee position, which is attached for your review.

You will also find attached an overview for the Sign Committee as well as a list of current members.

RECOMMENDATION Attachments Overview - Sign Committee Members - Sign Committee Lucio Ortiz Application - TxDOT BOARDS AND COMMISSIONS

SIGN COMMITTEE

Section 118-31

NUMBER OF MEMBERS: Five (5)

APPOINTED BY: Mayor

COMPOSED OF: Two real estate appraisers, each of whom must be a member in good standing of a nationally recognized professional appraiser society or trade organization that has an established code of ethics, educational program, and professional certification program;

One person engaged in the sign business in the municipality;

One employee of the Texas Department of Transportation who is familiar with real estate valuations in eminent domain proceedings; and

One architect or landscape architect licensed by this state.

TERMS OF OFFICE: Two (2) years

MEETINGS: When necessary.

COMPENSATION: None

DUTIES: City of Baytown

Term Tracker Report for SIGN COMMITTEE Run Date: 10/30/14 First Name Last Name Title District/Position Start End Al Busch Committee Member Architect 12/01/2012 11/30/2014 Steve Starett Committee Member Real Estate Appraiser 12/01/2012 11/30/2014 Chet Theiss Committee Member Real Estate Appraiser 12/01/2012 11/30/2014 Vacant Committee Member TxDOT 11/30/2014 Vacant 2 Committee Member Baytown Signs 11/30/2014

BAYTOWN SPECIAL CITY COUNCIL 9. b. MEETING Meeting Date: 11/17/2014 Subject: Planning and Zoning Commission Appointments Prepared for: Leticia Brysch, City Clerk's Office Prepared by: Raquel Martinez, City Clerk's Office Department: City Clerk's Office

Information ITEM Consider four (4) appointments to the Planning and Zoning Commission.

PREFACE The Planning and Zoning Commission is a nine member board that consists of eight residents and one individual from the City's ETJ . Each member of Council nominates one candidate and the City Manager nominates two members, (1) in the real estate or development industry, and (1) from the City’s extra-territorial jurisdiction. All nominations require Council approval, and have a two year term, beginning January 1st.

The Commission reviews and recommends proposed changes which include but are not limited to: land development codes, thoroughfare plans, comprehensive plans, zoning, impact fees and plats.

The following Board Members' terms are set to expire on December 31, 2014:

Board Member Position Current Term Attendance Donald Spencer District 6 01/01/2013 - Attended 26 Out of 34 Carnes 12/31/2014 Meetings Pete Côte District 4 02/25/2013 - Attended 28 Out of 29 12/31/2014 Meetings Tracey Wheeler District 2 01/01/2013 - Attended 25 Out of 34 12/31/2014 Meetings Donna City Manager Real 09/26/2013 - Attended 16 Out of 17 Winfrey-Varner Estate Agent 12/31/2014 Meetings

Commissioners Spencer Carnes, Pete Côte, Tracey Wheeler, and Donna Winfrey-Varner are eligible and desire reappointment for another two (2) year term. If re-appointed their term would commence immediately and expire on December 31, 2016. You will find attached an overview for the Planning and Zoning Commission as well as a list of current members.

RECOMMENDATION

Attachments Overview - Planning and Zoning Commission Members - Planning & Zoning Commission BOARDS AND COMMISSIONS

PLANNING AND ZONING COMMISSION

Ordinance No. 9621—September 11, 2003

NUMBER OF MEMBERS: Nine (9)

APPOINTED BY: City Council—Each Council Member and the Mayor have a nominee, each of whom must reside within the City limits and each nominee requires the majority of the Council to confirm. The City Manager nominates two (one in the real estate or development industry and one residing in the City’s extra-territorial jurisdiction). Council confirms the City Manager’s nominations.

COMPOSED OF: Seven commissioners appointed by City Council, two appointed by the City Manager (with Council confirmation).

TERMS OF OFFICE: Two (2) years, after initial appointment of three months for Positions 1, 3, 5, 7, & 9 and fifteen months for Positions 2, 4, 6, & 8.

MEETINGS: Monthly and as necessary.

COMPENSATION: None.

DUTIES:

To review and recommend proposed changes in all land development ordinances; study plans and plats of proposed developments and approve plats that meet all standards; perform all duties and functions of a capital improvements advisory committee as it applies to impact fees; recommend changes in the thoroughfare plan and traffic control devises, regulations and improvements; hear and decide requests for variances and special use permits; develop an action strategy to accomplish the objectives of the City’s comprehensive plan; recommend the boundaries of the zoning district and recommend appropriate regulations for each zoning district; and perform such other duties assigned by City Council. City of Baytown

Term Tracker Report for PLANNING AND ZONING COMMISSION Run Date: 10/31/14 First Name Last Name Title District/Position Start End VACANT Commissioner Youth Ex-Officio Tracey Wheeler Commissioner District 2 At-Large Nomination 01/01/2013 12/31/2014 Donald Spencer Carnes Jr. Chairman District 6 At-Large Nomination 01/01/2013 12/31/2014 Pete Cote Commissioner District 4 At-Large Nomination 02/25/2013 12/31/2014 Donna Winfrey-Varner Commissioner City Manager - Real Estate Agent 09/26/2013 12/31/2014 Gilbert Chambers Commissioner District 5 At-Large Nomination 01/01/2014 12/31/2015 Shawn McDonald Vice Chairman District 1 At-Large Nomination 01/01/2014 12/31/2015 James E. Cox Commissioner District 3 At-Large Nomination 01/01/2014 12/31/2015 R. D. Burnside Commissioner City Manager - ETJ 01/01/2014 12/31/2015 Brandon Benoit Commissioner Mayor At-Large Nomination 01/01/2014 12/31/2015

BAYTOWN SPECIAL CITY COUNCIL 10. a. MEETING Meeting Date: 11/17/2014 Subject: Executive Session: Deliberation regarding Economic Development Negotiations Prepared by: Karen Horner, Legal Department: Legal

Information ITEM Recess into and conduct an executive session pursuant to Section 551.087 of the Texas Government Code to deliberate the offer of a financial or other incentive to a business prospect that the City seeks to have stay or expand in the City and with which the City is conducting economic development negotiations.

PREFACE The City Council will conduct an executive session pursuant to Section 551.087 of the Texas Government Code to deliberate the offer of a financial or other incentive to a business prospect that the City seeks to have stay or expand in the City and with which the City is conducting economic development negotiations.

RECOMMENDATION BAYTOWN SPECIAL CITY COUNCIL 11. a. MEETING Meeting Date: 11/17/2014 Subject: Flood Hazard Mitigation Plan Update Prepared for: Tiffany Foster, Planning and Development Services Prepared by: Scott Williams, Planning and Development Services Department: Planning and Development Services

Information ITEM Receive the 2014 Annual Progress Report of the flood related initiatives portion of the All Hazard Mitigation Plan.

PREFACE The Planning and Development staff has prepared the 2014 Annual Progress Report of the flood related initiatives portion of the City of Baytown’s All Hazard Mitigation Plan, as required for the Community Rating System and to continue eligibility in the National Flood Insurance Program.

RECOMMENDATION

Attachments Annual Progress Report CITY OF BAYTOWN

PLANNING AND DEVELOPMENT SERVICES 2401 Market Street  P.O. Box 424 Baytown, Texas 77522-0424 (281) 420-5394 (281) 420-5380 Fax

Memorandum:

To: City Council From: Staff Subject: Flood Mitigation Plan Annual Progress Report Date: October 1, 2014 Report Period: October 1, 2013 – September 30, 2014

Background: The Disaster Mitigation Act of 2000 required State and local governments to develop hazard mitigation plans in order to be eligible for federal mitigation funding. As a result the All Hazard Mitigation Plan (The Plan) was developed by Harris County, Harris County Flood Control, Harris County Hospital District, Harris County Department of Education and 26 municipalities within Harris County including the City of Baytown. The Plan is designed to identify risk and develop plans for mitigating those risks caused by natural and man-made disasters, including flooding. The Plan is routinely monitored and revised to maintain compliance with current provisions, rules and legislation. A copy of the All Hazard Mitigation Plan can be viewed on the Harris County Office of Emergency Management website at www.hcoem.org.

Purpose: The purpose of this report is to provide an annual update on the implementation of the action initiatives identified for flood mitigation in the All Hazard Mitigation Plan. The objective is to ensure that there is a continuing planning process that will keep flood mitigation dynamic and responsive to the needs and capabilities of the City of Baytown and its stakeholders. This report will discuss the following:

• Summary Overview of the Plans Progress • Review of the action plan • Flood events that have occurred within the reporting period • Changes to risk exposure • Mitigation success stories and • Recommendations for additional or revised initiatives.

Summary Overview of the Plan’s Progress: The Disaster Mitigation Act of 2000 required State and local governments to develop hazard mitigation plans in order to be eligible for the federal mitigation funding. As a result the All Hazard Mitigation Plan was developed by Harris County, Harris County Flood Control, Harris County Hospital District, Harris County Department of Education and 26 municipalities within Harris County including the City of Baytown. The Plan identified flood mitigation initiatives for the City of Baytown to pursue. As of this reporting period, the following overall progress can be reported on the current mitigation initiatives:

• 10 out of 12 initiatives reported ongoing action toward completion • 1 out of 12 initiatives reported as being in the design phase • 1 out of 12 initiatives reported as pending FEMA implementation of new FIRM’s

www.baytown.org 2

Review of Action Plan Initiatives:

1) Increase public awareness of the NFIP – Reported as ongoing Assigned Department – Emergency Management / Planning and Development Services

2) Maintain regional stormwater retention ponds – Reported as ongoing Assigned Department – Engineering / Public Works

3) Repair and replace underperforming stormwater system components – Reported as ongoing. Assigned Department – Engineering / Public Works

4) Implement repetitive flood loss property buyout for regional stormwater master plan – Reported as ongoing Assigned Department – Emergency Management / Engineering

5) Install redundant pumping capability at all sewer lift stations – Reported as ongoing Assigned Department – Engineering / Public Works / Emergency Management

6) Improve City of Baytown CRS classification from 7 to 5 by end of 2018 – Reported as ongoing Assigned Department – Emergency Management / Planning and Development Services

7) Structural Mitigation, removal of culverts – Reported as being in the design phase Assigned Department – Engineering

8) Elevating repetitive flood properties – Reported as ongoing Assigned Department – Emergency Management / Planning and Development Services

9) Conduct study for updating local flood risk areas and mapping – Reported as pending FEMA’s implementation of new FIRM

10) Storm sewer enlargement and addition across the City as part of the Master Drainage Plan – Reported as ongoing Assigned Department – Engineering / Public Works

11) Implementation of the Master Drainage Plan – Reported as ongoing Assigned Department – Engineering / Public Works

12) Update the community warning system – Reported as ongoing Assigned Department – Emergency Management

Flood Events: During the reporting period, there were no flood events in the City of Baytown that had a measurable impact on people or property.

www.baytown.org

Changes to Risk Exposure: Due to the Biggert-Waters Act of 2012 FEMA was required to initiate a study of coastal counties and parishes to determine the impact of storm surge. As a result of this study, new Flood Insurance Rate Maps are currently being purposed for the City of Baytown. Although the area of the current floodplain did not change drastically the base flood elevations for certain areas were raised which, depending on the actions of Congress, could increase the cost of flood insurance for property owners in the affected areas. The largest impacts are proposed in the area of South Burnett Drive in Lakewood subdivision. Harris County has filed an appeal with FEMA to verify the accuracy of the proposed maps. Once the appeal has been addressed and a final decision rendered, FEMA will notify the City of the date on which the new maps will be implemented.

Mitigation Success Stories: Chevron has started a mitigation project at I-10 and Sjolander Road designed to bring approximately 200 acres just north of I-10 along McGee Gully out of the AE flood zone. Also along I-10 and John Martin the Buc-ee’s developers, working with a neighboring property owner, were able to bring their 20 acre site out of the AE flood zone.

Recommendations: City staff will not make recommendations until Congress has determined how to implement the Biggert-Waters Reform Act 2012 and FEMA has reviewed the Harris County appeal of the proposed FIRM. When completed City staff will review the NFIP and FIRM-related portions of the All Hazard Mitigation Plan to determine if there is a need to revise or add objectives to help mitigate any flood hazards.

Respectfully Submitted,

M Scott Williams, CBO, CFM Chief Building Official/Floodplain Administrator Planning and Development Services

www.baytown.org

BAYTOWN SPECIAL CITY COUNCIL 11. b. MEETING Meeting Date: 11/17/2014 Subject: Annual Baytown Christmas Parade. Prepared for: Scott Johnson Prepared by: Scott Johnson, Parks and Recreation Department: Parks and Recreation

Information ITEM The Annual Baytown Christmas Parade is scheduled to start at 6:30 p.m., Thursday, December 4, 2014, at Market Street in front of Bicentennial Park.

PREFACE “Santa Claus is Coming to Town!” Show your holiday spirit and join us for the 2014 Baytown Christmas Parade, hosted by the Baytown Parks and Recreation Department on Thursday, December 4th, at 6:30 p.m. The Parade will begin on Market Street in front of Bicentennial Park and will travel down Texas Avenue and end at Commerce Street. This year’s parade theme is “A Christmas Wonderland”.

Over 250 entries are anticipated for this year’s parade. Spectators will enjoy watching lighted floats, decorated vehicles, marching groups, school bands, and Santa Claus parade down Market Street and Texas Avenue to kick off the holiday season! The parade route streets will close at 5:00 p.m., and the parade line-up will begin at 5:30 p.m. Market Street will become a “one way” street beginning at 5:00 p.m. (north-east bound).

The deadline to register for the parade is Monday, November 24th, at noon.

Awards will be given in the following categories: • Best Use of Overall Theme • Most Entertaining • Most Creative Entry • Most Original Entry • Best Use of Lighting • Most Enthusiastic • Best Ambulance • Best Antique Vehicle • Best Church • Best Club / Organization • Best Company / Business • Best Dance Group • Best Equestrian • Best Fire Truck • Best Low Rider • Best Military Vehicle • Best Novelty Vehicle • Best Police Vehicle • Best School Band • Best School Cheer Squad • Best School Drill Team • Best Walking Group • Best School Choir

RECOMMENDATION

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. BAYTOWN SPECIAL CITY COUNCIL 11. c. MEETING Meeting Date: 11/17/2014 Subject: The 48th Annual Art Show and Reception. Prepared for: Scott Johnson Prepared by: Scott Johnson, Parks and Recreation Department: Parks and Recreation

Information ITEM The 48th Annual Art Show and Reception will be held at the Baytown Community Center on Friday, December 5, 2014, at 7:00 p.m.

PREFACE The Baytown Parks and Recreation Department will host the 48th Annual Art Exhibition on Friday, December 5, 2014, at the Baytown Community Center, 2407 Market Street. The program will begin with a reception at 7:00 p.m., and awards will be presented to professional and student winners.

Artwork will be accepted November 17th through 21st, and be judged on Tuesday, November 25th. A photography division, new to the show last year, will be included again this year for professional photographers.

This year’s judges for both the professional and student show will be Steve Neihaus and Jennifer Herzberg. Mr. Neihaus will also judge the photography entries.

A new addition this year will include many of our local artists in the community showcasing their artwork and talents. The program will also include a choir performance and a holiday hip hop dance. Punch and cookies will be served following the reception, as well as “Pictures with Santa.” The art, both professional and student, will be on display in the Community Center from November 24th through December 5th.

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BAYTOWN SPECIAL CITY COUNCIL 11. d. MEETING Meeting Date: 11/17/2014 Subject: Emergency Evacuation Animal adoption Trailer Prepared for: Mike Lester, Health Prepared by: Leticia Brysch, City Clerk's Office Department: Health

Information ITEM Present the new emergency evacuation and animal adoption trailer for the Health Department.

PREFACE The new emergency evacuation and animal adoption trailer was made possible by an ASPCA grant, citizen donations, and general fund capital funds and will be on display outside of city hall for public viewing and quick tours.

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BAYTOWN SPECIAL CITY COUNCIL 11. e. MEETING Meeting Date: 11/17/2014 Subject: City Offices Closed for Thanksgiving Holiday. Prepared for: Bob Leiper, City Management Prepared by: Leticia Brysch, City Clerk's Office Department: City Management

Information ITEM City of Baytown Offices will be closed on Thursday, November 27th and Friday, November 28th, 2014, in observance of the Thanksgiving Holiday.

PREFACE City of Baytown Offices will be closed on Thursday, November 27th and Friday, November 28th, 2014, in observance of the Thanksgiving Holiday. Offices will reopen at regular times on Monday, December 1, 2014.

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BAYTOWN SPECIAL CITY COUNCIL 11. f. MEETING Meeting Date: 11/17/2014 Subject: Reminder of Last City Council Meeting for 2014 Prepared for: Leticia Brysch, City Clerk's Office Prepared by: Leticia Brysch, City Clerk's Office Department: City Clerk's Office

Information ITEM Reminder of the last scheduled City Council meeting for 2014.

PREFACE The last City Council meeting for 2014, is scheduled for Thursday, December 11, 2014, at 6:30 p.m. in the City Council Chamber, City Hall. Immediately preceding the meeting at 6:00 p.m., a reception for the newly re-elected council members for Districts 4, 5 and 6 will take place in the City Hall reception area; punch, hors d'oeuvres and desserts will be served.

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