CITY OF BAYTOWN

NOTICE OF MEETING

CITY COUNCIL REGULAR MEETING THURSDAY, OCTOBER 13, 2016 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 Robert C. Hoskins, District No. Five

1. MINUTES

a. Consider approving the minutes of the Baytown City Council Special Meeting held on August 4, 2016.

b. Consider approving the minutes of the Baytown City Council Work Session and Regular Meeting held on September 8, 2016.

c. Consider approving the minutes of the Baytown City Council Work Session and Regular Meeting held on September 22, 2016.

2. RECOGNITIONS AND CITIZEN COMMUNICATIONS

a. Recognize Robert E. Lee High School for its continued advancements in the field of education.

b. Present a proclamation designating October as Domestic Violence Awareness Month in Baytown.

c. Present a proclamation designating October as National Community Planning Month in Baytown.

3. PROPOSED ORDINANCES

a. Consider an ordinance adopting the tax rate for General Fund Maintenance and Operations at $0.47006 per $100 valuation and adopting the tax rate for Debt Service at $0.35197 per $100 valuation for the fiscal year ending September 30, 2017.

b. Consider an ordinance establishing the City of Baytown's 2016-17 Tourism Partnership Grant Program allocations and approving the standard forms of agreement.

c. Consider an ordinance amending Chapter 1 "General Provisions," Section 1-14 "General penalty; continuing violations" and Chapter 42 "Health and Sanitation," Article II "Public Health Hazards," Division 2 "Public Health Nuisances," Section 42-62 "Maintenance of premises" of the Code of Ordinances, Baytown, Texas, to establish a fine for illegal dumping and an offense for littering in the City.

d. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for funding of a development project in the Arts, Cultural and Entertainment Zoning District.

e. Consider an ordinance authorizing a Chapter 380 Agreement for an economic development project in the Arts, Cultural and Entertainment Zoning District.

4. PROPOSED RESOLUTIONS

a. Consider a resolution designating a representative and an alternate for the General Assembly and Board of Directors of the Houston-Galveston Area Council for the year 2017.

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

a. Consider an ordinance authorizing Change Order No. 1 to the Garth Road Waterline Rehabilitation Project through the EPA SAAP Grant XP-00F85101-0 with SKE Construction, LLC.

b. Consider an ordinance authorizing the First Amendment to the Interlocal Agreement with Harris County for the construction of a sidewalk.

c. Consider an ordinance authorizing an interlocal agreement with the Municipal Development District for the Pirates Bay Water Park addition of an Aqua Loop/Aqua Drop slide.

d. Consider an ordinance approving an expenditure through the Texas Local Government Purchasing Cooperative (BuyBoard) with Progressive Commercial Aquatics, Inc., for the installation and construction of the Aqua Loop/Aqua Drop Project at Pirates Bay.

e. 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 July 3rd and 4th Celebrations and Grito Fest for 2017.

f. Consider an ordinance authorizing the purchase of playground equipment for the year 2017 from Total Recreation Products, Inc., representing GameTime Play Equipment through the Texas Local Government Purchasing Cooperative (Buy Board).

g. Consider an ordinance authorizing the renewal of an agreement with United Healthcare of Texas, Inc., as the carrier/administrator for the City of Baytown's medical and pharmaceutical claims.

h. Consider an ordinance authorizing the renewal of an interlocal agreement with the Texas Municipal League Intergovernmental Risk Pool as the administrator for the City's property and casualty insurance.

i. Consider an ordinance authorizing Arthur J. Gallagher (AJG) Risk Management Services, Inc., as broker, to place the City’s Workers’ Compensation Excess Coverage.

j. Consider an ordinance repealing the existing City of Baytown Personnel Policy Manual and adopting a new City of Baytown Personnel Policy Manual.

k. Consider an ordinance authorizing the abandonment and sale of the City’s interest in portions of (i) an underground 30' utility easement for sewer lines dedicated under H.C.C.F. No. G506198, and (ii) an underground 30' temporary construction easement dedicated under H.C.C.F. No. G502899, located on the property addressed as 0 N. Highway 146, to the property owner Cedar Grove Park LLC.

l. Consider an ordinance authorizing the purchase of a Schwarze Street Sweeper truck from Texan Waste Equipment Inc, d/b/a Heil of Texas through Houston-Galveston Area Council (H-GAC) for the Public Works Department.

m. Consider an ordinance authorizing the purchase of two (2) 2017 Freightliner trucks from Houston Freightliner, Inc., through Houston-Galveston Area Council (H-GAC).

n. Consider an ordinance authorizing the City Manager to negotiate a contract for the Fire/EMS software programs with ESO Solutions, Inc. for the implementation, on-site training (one-time training), annual support and software maintenance.

BAYTOWN CITY COUNCIL MEETING 1. a. Meeting Date: 10/13/2016 Subject: Consider approving the minutes of the Baytown City Council Special Meeting held on August 4, 2016. Prepared for: Leticia Brysch, City Clerk's Office Prepared by: Leticia Brysch, City Clerk's Office Department: City Clerk's Office

Information ITEM Consider approving the minutes of the Baytown City Council Special Meeting held on August 4, 2016.

PREFACE Consider approving the minutes of the Baytown City Council Special Meeting held on August 4, 2016.

RECOMMENDATION Staff recommends approval.

Attachments August 4, 2016 CC Minutes D R A F T MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN

August 04, 2016

The City Council of the City of Baytown, Texas, met in a Special Meeting on Thursday, August 04, 2016, at 5:44 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 Terry Sain Council Member

Stephen H. DonCarlos Mayor

Rick Davis City Manager Ignacio Ramirez City Attorney Leticia Brysch City Clerk Keith Dougherty Sergeant at Arms

Mayor DonCarlos convened the August 04, 2016, City Council Special Meeting with a quorum present at 5:44 P.M., all members were present with the exception of Council Member Renteria who was absent.

1. PUBLIC HEARINGS a. Conduct the first public hearing concerning the involuntary annexation of approximately 230.36 acres, situated in the J.W. Singleton Survey, Abstract No. 709, D. McFadden Survey, Abstract No. 591 and C. Smith Survey, Abstract No. 69 for multiple parcels and right-of-way, located approximately 130 feet east of N. Main Street, including Blue Heron Parkway right-of-way to Sjolander Road and portions of Barkuloo Road right- of-way, Harris County, Texas.

At 5:45 P.M., Mayor DonCarlos opened and conducted the first public hearing concerning the involuntary annexation of approximately 230.36 acres, situated in the J.W. Singleton Survey, Abstract No. 709, D. McFadden Survey, Abstract No. 591 and C. Smith Survey, Abstract No. 69 for multiple parcels and right-of-way, located approximately 130 feet east of N. Main Street, including Blue Heron Parkway right-of-way to Sjolander Road and portions of Barkuloo Road right-of-way, Harris County, Texas. City Council Special Meeting Minutes August 04, 2016 Page 2 of 9

Planning and Community Development Director, Tiffany Foster presented the summary of this agenda item and stated that during a prior discussion, Council consented to moving forward with this involuntary annexation whereas they directed staff to do a service plan for the area. She stated that the staff had the area surveyed and also notified the property owners on two (2) separate mailings. She stated that there were two (2) property owners interested in signing development agreements with the City. She noted that they want to take in the Blue Heron right- of-way, all of the area that fronts Blue Heron, and the City's right-of-way.

Mr. Gerald Teel registered to speak regarding agenda item 1.a. and stated that he’s for the annexation, as well as, submitted a development agreement with the City for an apartment development.

Council Member McCartney inquired if there were voided spaces within this proposed annexation area. Mrs. Foster stated that the area that fronts Blue Heron Parkway is inclusive to the annexation, but also stated that there's a populated area nearby that will need to be annexed in the future that currently needs more work done before starting the annexation.

With there being no one registered to speak regarding agenda item 1.a., Mayor DonCarlos closed the first public hearing at 5:48 P.M.

2. PROPOSED RESOLUTIONS a. Consider a resolution authorizing the City to apply to Flint Hills Resources and Koch Pipeline Company for a Helping Heroes 2016 Grant on behalf of the City of Baytown's Police Department.

Police Chief Keith Dougherty presented the agenda item and stated that Resolution No. 2435 authorizes the City to apply to Flint Hills Resources and Koch Pipeline Company for a Helping Heroes 2016 Grant on behalf of the City of Baytown's Police Department to purchase protection equipment, as well as, equipment for the officers.

A motion was made by Council Member Terry Sain and seconded by Mayor Pro Tem Robert C. Hoskins approving Resolution No. 2435. The vote was as follows:

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

Nays: None

Other: Council Member Mercedes Renteria III (Absent)

Approved City Council Special Meeting Minutes August 04, 2016 Page 3 of 9

RESOLUTION NO. 2435

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO SUBMIT AN APPLICATION FOR A HELPING HEROES 2016 GRANT TO FLINT HILLS RESOURCES AND KOCH PIPELINE COMPANY ON BEHALF OF THE CITY OF BAYTOWN'S POLICE DEPARTMENT; DESIGNATING AN AUTHORIZED REPRESENTATIVE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

3. DISCUSSIONS a. Discuss the City of Baytown 2016-17 Fiscal Year Proposed Budget.

City Manager Davis presented the agenda item and stated that the FY2016-17 budget includes the implementation of the Council's goal while avoiding tax increases, as well as, water and sewer fee increases. He stated that this budget will implement a facility maintenance program, continue aggressive maintenance of public spaces, continue waterfront cleanup and improvements, continue ongoing bridge painting and maintenance, make improvements to the Library, partner with the school district to address brand and image, and coordinate with Centerpoint and Frontier Communications to consolidate line configuration as development occurs.

As it relates to public safety, City Manager Davis stated that the budget proposes to expand the capacity to adopt animals, reduce euthanasia, and develop a volunteer program, fully staff and equip a fifth ambulance, support paramedic training, pursue the next phase for the fire training field, continue to build law enforcement capabilities, and implement an emergency medical dispatch program. Council Member Sain inquired if staffing the ladder truck was included in this proposed budget. In response to Council Member Sain's inquiry, City Manager Davis stated that staff addressed staffing the ladder truck during the current budget by moving three (3) positions to operator status and proposed for six (6) positions in the 2016-17 budget to cover the gaps, as well as, provide a fifth ambulance team. He further stated that currently there’s a personnel available to operate the ladder truck and although staff is not finished addressing the ladder truck, the hope is to completely staff it the following year. Council Member Capetillo inquired as to what personnel would be needed for the City to qualify for the ISO 1 rating. Fire Chief Shon Blake stated that the City will qualify for the ISO 1 rating once the lieutenant position is filled, which will be a two (2) person staff truck, along with the completion of the drill tower.

Council Member McCartney inquired as to how many detectives were included in the proposed budget. Chief Dougherty stated that they augmented under the current budget and made an additional Sergeant Lieutenant, whereas they are full with regards to detectives currently. Chief Dougherty stated that they will be getting four (4) more officers that will start out at the patrol ranks and he will work on the goals from Council the next budget year. City Manager Davis noted a reminder to Council that starting with the FY2016-17 budget; the City will fund the officers that were being funded through Exxon. City Council Special Meeting Minutes August 04, 2016 Page 4 of 9

During further discussion, Council Member Hoskins recommended that the public safety portion of the budget be revisited before the adoption of the budget to address the safety concerns of the police department with regards to records management and staffing to assist with the increasing of small neighborhood crimes. Chief Dougherty stated that the collaboration with the other department directors helps augment individual systems to a system that will improve the quality of enforcement and regulation within the city. Chief Dougherty also stated that staff is working in the right direction and he's able to go the City Manager for assistance as needed.

Council Member McCartney stated that he was told that the police department is critically short on space and evidence and records are stored in portable storage containers outside of the police building. Chief Dougherty stated that Council Member McCartney's statement was accurate and that there are some portable containers with property in it on the pound lot that is secured. Chief Dougherty further stated that they are working on designing some of the current space from the vacating of the telecommunications facility to accommodate record storing space, but it will not empty out the portable containers. He noted that some of the records stored in the container relate to long term cases, in which you can't dispose of, but rather house it and also noted that they are in need of space.

During further discussion, council voiced concerns of the police department facilities and storage space and further agreed that they be addressed in this proposed budget. Mayor DonCarlos stated that he expect that monies in the proposed budget be devoted to the repair of the police stations roof and to development space for storing police records with the current assets available. Additionally, he stated that the expectation is to provide staff with the best equipment and facilities so that they are able to do the best job possible in a safe environment. Mayor DonCarlos further stated that the answer for the police department concerns is going to be in the form of a bond issue, possibly for the year 2017. He noted that he expects the facility review to come before Council within six to nine months with a long term plan for getting the police department in a modern facility.

City Manager Davis stated that the immediate needs would be addressed the day following this meeting and within the next 30 days he will provide Council with a detail plan of steps for moving forward.

Council Member Hoskins requested for administration to schedule a walk through of the older fire stations.

As it relates to neighborhood quality and vibrancy, City Manager Davis stated that this proposed budget will institute a proactive code enforcement program, expand pirates bay water park enhancements, continue to improve area parks, and begin a public art program. Council Member Presley inquired if new software and clerical support will be able to provide proactive enforcement with regards to finding substandard structure and getting it through the process to the municipal court or if an additional substandard or code enforcement officer should be hired. In response to Council Member Presley's inquiry, City Manager Davis stated that currently at this time he's confident that with new software, clerical support, and the current personnel that's City Council Special Meeting Minutes August 04, 2016 Page 5 of 9 in place staff will provide proactive enforcement, as positive progress has already been made with this regard. Mr. Nick Woolery noted that there's one (1) additional neighborhood protection officer being proposed in the budget. Mayor DonCarlos requested to have a regular report every other month on substandard structures so that Council can see the status of progress being made. During further discussion, a request was also made to have this topic as an agenda item on a quarterly basis, in which Council agreed to.

During further discussion as it relates to substandard structures, council voiced concerns of addressing the allowances that are legal, but hinders the positive impact on the city, as well as, the ordinances that council has passed, but haven't been enforced. City Manager Davis stated that part of the implementation plan is to help set a legislative platform or foundation for code enforcement; therefore, staff will be bringing initiatives to strengthen the code. Mr. Woolery stated for clarity that the departments that primarily handle code enforcement are health and planning, but that the new additional staff being proposed in the budget will be for the health department. Mr. Woolery further stated that one of the challenges of code enforcement with regards to the planning department is that the inspectors are overlapping with regards to inspection duties. Mayor DonCarlos inquired if it would be more efficient to have a department that only did code enforcement instead of having it split between the departments. Assistant City Manager Troller stated that staff discussed centralizing code enforcement duties and the departments look at different aspects enforcement; therefore, there was no way to combine them together.

During further discussion regarding councils concern of there being more improvements related to code enforcement in the planning department, City Manager Davis stated that staff has initiated steps with this regard and that some of the issues were already implemented through policies, but the issues with budgetary implications have to wait for budgetary support.

Council Member Presley inquired if the new position funded through MDD could assist with some of the city's troubled properties or underutilized assets. City Manager Davis stated that staff is currently capable of handling such issues and although the new position could assist only as the city targets property for redevelopment, it would focus primarily on opportunities for new development.

With regards to modern and reliable infrastructure, City Manager Davis stated that staff will continue the implementation of sanitary sewer overflow initiative program, continue improving expansion of current infrastructure through a wastewater master plan, and implement pavement preservation strategy. He stated that the wastewater master plan will be to give a better idea as to what improvements will have the greatest effect on decreasing infiltration/inflow (I&I). He stated that because I&I only occurs during weather events it is difficult to measure, but the improvements to the lift stations and other projects do have an effect on it. During further discussion, an inquiry was made as to what proportional I&I contributions were public compared to private. Deputy City Manager Bottoms stated that there is an aggressive program that TV lines whereas the reports of the findings are sent to the home owner so that they can make necessary repairs. Council Member McCartney further inquired about the number of participants of the program that are allowed to pay a fee rather than repair their line. In response to Council Member McCartney's inquiry, Deputy City Manager Bottoms stated that although there have City Council Special Meeting Minutes August 04, 2016 Page 6 of 9 been improvements on the city's system, staff may need to revisit the enforcement of the program. Mr. Woolery stated that through CDBG funds, the city offers a low income family assistance with replacing their lines, but noted that the challenge in increasing a fee above $25 is that the family doesn’t have money to fix the line or pay the fee; therefore, staff is looking at other options to help resolve this issue.

With regards to community mobility, City Manager Davis stated that staff is moving forward with the San Jacinto Mall area transportation improvement which involves Hunt, Santavy, John Martin, and San Jacinto Boulevard; the completion of the Goose Creek Trail System; implementing the sidewalk master plan; and strategically identifying choke points and other opportunities to mitigate traffic congestion that includes right-turn lanes, signal synchronization, east/west crossing of Cedar Bayou, a Highway 146 corridor study, and widening of Garth Road. He stated that a grant of $1.2 million was received to begin the design for the widening of Garth Road and staff will seek additional funding to complete the design. Council Member Sain inquired if the design would include putting the utility lines underground. In response to Council Member Sain's inquiry regarding the utility lines being put underground, City Manager Davis stated that during an educational riding experience with Centerpoint in terms of understanding exactly what it would mean to existing businesses to underground everything it would be cost effective, but consolidating and cleaning up the infrastructure is something that can be done, whereas, line burial and electrical consolidation is part of the Garth Road project.

City Manager Davis stated that staff is developing a facilities master plan to determine what facilities to consolidate, repair, or let go. He stated that they will finalize the five (5) year strategic plan, complete a five (5) year capital improvement program, continue annual citizens survey, improve transparency by implementing a community score card, enhance long-range planning efforts, continue competitive compensation plan, and have no proposal to increase health care premiums. He further stated that staff will continue to pursue Bayland Island Conference Center Hotel Development, public/private partnerships for the redevelopment opportunities in the ACE District, implement improvements from the development process review, and complete a street media/wayfinding project. As it related to the street media/wayfinding project, Mayor DonCarlos recommended that staff consider the street signs on major thoroughfares with regards to uniformity of the font sizes.

During further discussion, City Manager Davis stated that the new personnel in the proposed budget includes: Planner I; Long Range Planner; Marshall; Patrol Officers (4); Police Open Records Specialist; Telecommunicators (3); Firefighters (6); Neighborhood Protection Officer; Senior Animal Services Officer; Health Administrative Support; Evergreen Park Crew (2); Parks Foreman/Horticulturist; Parks Equipment Operator; Baytown Nature Center Park Crew (2); Visitor Outreach Specialist; Water Plant Operators (2); Utility Maintenance Technicians (2); Quality Assurance/Quality Improvement Coordinator; Asphalt Crew (2); and Development Director. Council Member Capetillo inquired as to what would be the duties of the quality assurance/improvement coordinator. In response to Council Member Capetillo's inquiry, Fire Chief Shon Blake stated that the coordinator position will look at the medical reports to make sure that the paramedics are doing what they are supposed to and also work with the medical director to assure all updated requirements are met. City Council Special Meeting Minutes August 04, 2016 Page 7 of 9

Finance Director, Wade Nickerson provided a summary of the general fund proposed budget and stated that the revenues are projected to increase and be at 13.5%. He stated that 73% of the general fund budget is personnel, whereas the total revenues is just under $83 million and the total expenditures is just under $88 million. Mayor DonCarlos inquired as to the reason for the decrease in fines and forfeiture and stated that he didn't want to see a decrease in this line item. In response to Mayor DonCarlos's inquiry, Mr. Nickerson stated that the biggest reason for the decrease is due to the staff shortage in the Marshall program; therefore, staff anticipated the effects of such although an additional Marshall was added to the program. Mr. Nickerson further stated that he would further research this line item and bring back more information to council.

With regards to the water and sewer fund, Mr. Nickerson stated that the revenues are proposed with an increase of 10.5%, which is based on increased sales of more water usage and development, but not from an increase in water or sewer rates. He stated that the operating expenditures will be at a steady 6% as much money in this fund is being pushed more towards capital improvement projects. As it relates to expenditures, Mayor DonCarlos stated that the services in water and sewer are increasing due to primarily the increase in electricity costs and further inquired for clarity of the reasoning as his knowledge is that electricity rates are decreasing. In response to Mayor DonCarlos's inquiry regarding clarity on the electricity rate, Mr. Mark LeBlanc noted that some factors considered in the reason for the increase in electricity costs include the fact that the revenues increased due to selling more water and it takes more electricity to make more water. Mr. LeBlanc further noted that as more water is sold the more wastewater needs to be treated; therefore, the more electricity is needed. In addition to Mayor DonCarlos's inquiry, Mr. Drew Potts stated the city added new infrastructure and new buildings that require service and additionally, Mr. Nickerson stated that the proposal is based on the current year consumption projections.

During further discussion, Council Member Capetillo stated that in previous years everyone would fuel at the same location and inquired of the source structure with regards to diesel and gas fuel was currently the same. Mr. Potts stated that the City works off of Houston rack prices, whereas the city would pay less than a penny on the gas and lesser of that on the diesel. Council Member Capetillo further inquired of the estimated cost that’s used for budgetary purposes. In response to Council Member Capetillo's inquiry regarding the estimated costs, Mr. Potts stated that $2.50 was used for gas and $3 was used for diesel in which the amounts were reduced from previous.

Council Member McCartney inquired if it was more efficient to run the plants on electricity and if there was any consideration to using gas as a more reliable and inexpensive power source. Mr. LeBlanc stated that he's not certain as it relates to the plant, but that staff is looking into other options related to generators. Mr. Jose Pastrana noted that it is always inefficient to run a small type generator and you can't beat the efficiency of the big generators which is the power companies. Mr. Pastrana further stated that the city couldn't run the plant on a natural gas type generator because all of the equipment is electrical; therefore, the gas would have convert to electricity and then run the equipment. City Council Special Meeting Minutes August 04, 2016 Page 8 of 9

With regards to the hotel occupancy tax fund summary, Mr. Nickerson stated that the revenues are being budgeted at approximately $300,000, which is a conservative increase over prior budget and the expenditures increased by 5% as the part time position that was turned into a full time position was taken into consideration. Additionally, he stated that the fund balance at the end of the year would be for is 61 days.

During further discussion with regards to the historical percentage of 1% being noted by function, Council Member Presley inquired if this percentage was typical or in line with other cities. Mr. Woolery stated that this year’s percentages are off because of the predictions being based on conference center costs, but the normal percentage is normally higher.

City Manager Davis stated that the sanitation fund, which is utilized to finance the solid waste collection and disposal is proposing a 5% fee increase due to the following factors: solid waste collection external cost increase, a delay in disposal of brush due to more people utilizing brush collections, and an effort to sustain this fund from the trend of having a recurring deficit. He stated that although a $2.50 increase would set a pace of sustainability, he recommends a $1 increase to buy some time until the re-evaluation of the contract for solid waste for pick and disposal. Council Member McCartney recommended extending the hours of the recycling center. City Manager Davis stated that staff will re-evaluate the plan and bring back an estimated increase amount to accommodate extended hours of the recycling center.

Mayor DonCarlos requested clarity for the $450,000 increase in personnel costs in aquatics. In response to Mayor DonCarlos's request for clarity, Mr. Mike Flinn stated that more guards are needed for the expansion of Pirates Bay and corrections were made with regards to school day rentals that were not budgeted for previously, as well as, for the ice rink. Deputy City Manager Bottoms stated that the salary line items weren’t budgeted, but the revenues covered the expenses.

Council Member Presley stated that the Town Square programming budget was increased to $50,000 per Mayor DonCarlos's request and further inquired if the annual programming budget would remain at $50,000. Mr. Dustin Schubert stated that the amount increased to approximately $65,000 to accommodate more snow for the ice rink and the events for the year.

Mayor DonCarlos noted for informational purposes that the City of Houston increased the City of Baytown's water rates to 1.4% as a result of the City of Houston's population increase.

In conclusion of the budget discussion, City Manager Davis stated that significant capital commitments will need to be made with regards to the sanitary sewer system.

4. ADJOURN

A motion was made by Council Member Chris Presley and seconded by Council Member David McCartney adjourning the August 04, 2016, City Council Special Meeting. The vote was as follows: City Council Special Meeting Minutes August 04, 2016 Page 9 of 9

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

Nays: None

Other: Council Member Mercedes Renteria III (Absent) Approved

With there being no further business to discuss, Mayor DonCarlos adjourned the August 04, 2016, City Council Special Meeting at 7:42 P.M.

______Leticia Brysch, City Clerk City of Baytown

BAYTOWN CITY COUNCIL MEETING 1. b. Meeting Date: 10/13/2016 Subject: Consider approving the minutes of the Baytown City Council Work Session and Regular Meeting held on September 8, 2016. Prepared for: Leticia Brysch, City Clerk's Office Prepared by: Leticia Brysch, City Clerk's Office Department: City Clerk's Office

Information ITEM Consider approving the minutes of the Baytown City Council Work Session and Regular Meeting held on September 8, 2016.

PREFACE Consider approving the minutes of the Baytown City Council Work Session and Regular Meeting held on September 8, 2016.

RECOMMENDATION

Attachments Setpember 8, 2016 WS Minutes September 8, 2016 CC Minutes D R A F T MINUTES OF THE REGULAR WORK SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN

SEPTEMBER 8, 2016

The City Council of the City of Baytown, Texas met in a Regular Work Session on Thursday, September 08, 2016, at 5:32 P.M., in the Hullum Conference Room of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance:

Brandon Capetillo Council Member David McCartney Council Member Chris Presley Council Member Mercedes Renteria Council Member Terry Sain Council Member

Stephen DonCarlos Mayor

Rick Davis City Manager Ignacio Ramirez City Attorney Leticia Brysch City Clerk Keith Dougherty Sergeant at Arms

Mayor DonCarlos convened the September 08, 2016, City Council Regular Work Session with a quorum present at 5:32 P.M., all members were present with the exception of Council Member Sain that arrived at 5:45 P.M., Council Member Presley that arrived at 5:47 P.M. and Council Member Hoskins who was absent.

1. DISCUSSIONS a. Discuss the City's utility infrastructure.

City Manager Davis stated that the purpose of this item was to give Council a brief overview of the City's utility infrastructure, what they City has done to help with some issues; such as sewer overflows, how much time and money has been invested in these endeavors and what is the plan moving forward. He further noted that Council is already aware of some large projects that were agreed upon to complete with Texas Commission on Environmental Quality (TCEQ), one of which is a line replacement estimated at $10 million, along with some other projects that are aimed at reducing any sewer overflows. He noted that the City continues to have a good standing with TCEQ based on our voluntary plan to mediate the sewer overflow problem. Additionally, City Manager Davis advised council that I&I problems are not exclusive to the City of Baytown, but is actually a regional issue that is also a product of our climate and atmospheric incidents.

Deputy City Manager Bottoms presented the item and stated that while it may not seem so, the City has conducted a large number of infrastructure projects from 2003 to the present. He noted that the City has spent an estimated $173 million in infrastructure projects and staff has done a good job in going through the city to upgrade and/or repair water and sewer infrastructure, along City Council Regular Work Session Minutes September 08, 2016 Page 2 of 4 with the upcoming planned projects that are a part of the City's voluntary plan (the "SSOI") with the TCEQ that takes us through 2023.

Deputy City Manager Bottoms presented and discussed four (4) different maps that represented different geographic areas or districts of the City (West District, Center District, East District and North East District) and identified old lines that have already been replaced with plastic pipe, which were marked in green throughout the maps. He noted that the City has completed a tremendous amount of work replacing old lines, but also noted that the City still has lots of work to do in the areas that are seeing a lot of overflow, which is part of the SSOI.

Mayor DonCarlos stated that by looking at the maps it is evident that the City has completed a lot of work on the infrastructure, but noted that there are still lots of problems with overflows and inquired if the City ran out of options to resolve the problems. Deputy City Manager Bottoms stated that while the City had done a good job at replacing old pipes throughout the entire city; there’s lots of work to be done with regards to the private line replacement and further noted that the City needs to become more aggressive with its PSLIP program. Deputy City Manager Bottoms stated that unfortunately, the only thing that the City can control are the public lines and many of the overflow issues currently at this time are directly related to private lines.

During further discussion, Deputy City Manager Bottoms stated that financially, the City is constrained on the number of new projects it can take as staff must be cognizant to the bond rating and keep those ratings competitive with surrounding cities. In response to Council Member Capetillo's question related to the amount of monies being spent on the areas that were identified as having overflow problems, Deputy City Manager Bottoms stated that the overflow problems are really throughout the City and some of the issues are with the City’s lift stations, which are currently being upgraded to handle the additional volumes accordingly. He stated that the overflow area around Ferry Road has been handled, along with the planned projects to help mediate overflow in other areas of concern; such as the line replacement on Baker Road for $1 million and the line replacement on Kilgore Road for $1.8 million.

Mayor DonCarlos asked if staff was able to identify any locations of infiltration that need work. City Engineer, Jose Pastrana stated that staff was able to identify different locations that need attention through pipebursting projects. Mr. Pastrana stated that while conducting the pipebursting projects, a small camera is sent through the pipes to see the status of the pipes and surrounding areas, which provides information on the City’s infrastructure needs and further noted that this is only done on current pipebursting projects and not to lines that are not being worked on. Deputy City Manager Bottoms stated that there have been lots of wet years lately which has impacted overflows significantly and noted that TCEQ recently changed its reporting requirements, whereas it may seem that there are more instances of overflow in the City, but actually are not it’s just that staff has to report more now than in the past. Mr. Pastrana stated that the fact that areas across the city are no longer overflowing is evidence that what staff is doing is working, but noted that even with all of the projects and upgrades to the City's infrastructure, there will always be some overflow in certain areas because as the City continues to grow the more impermeable spaces and more runoffs there will be; therefore, the City will have to get bigger infrastructure to accommodate future growth. City Council Regular Work Session Minutes September 08, 2016 Page 3 of 4

Council Member Capetillo asked if there was a way for the City to measure the utility improvements from 2003 to the present. Deputy City Manager Bottoms responded that there’s no unit of measurement or methodology to identify a measurement on how the City is doing on its infrastructure repairs and maintenance.

Mayor DonCarlos stated with regards to the PSLIP Program, that the past a letter was sent to property owners informing them that they need to repair their private utilities, and if they did not, a surcharge would be added to his/her monthly water bill. He further stated that he didn’t believe that this program was effective in persuading people to repair their utility infrastructure being that there are current overflow problems and inquired of staff as to what options were available to the City, in order to make people repair their water lines which are negatively impacting our infrastructure taking into consideration that they are located on private property.

The staff and Council discussed the City's PSLIP program, a program that allows private citizens to replace their old pipes with plastic ones, and options to entice private land owners to make the necessary improvements to their infrastructure; some options included (1) contracting with one plumbing company to bring down the costs significantly for the homeowners, (2) making it cost prohibitive by increasing the fee associated with the PSLIP program, (3) promoting the CDBG program that assist lower income residents, and creating a program that would include private insurance supported by the City. Director of Strategic Initiatives, Mr. Nick Woolery stated that he was currently working with various stake holders in order to participate in the SEP program with TCEQ as this is an environmental issue, along with reviewing ways to revamp the City's current PSLIP program and offer residents a program that is more cost effective for them. Additionally, Mr. Woolery stated that he would come back to Council with more information once those meetings had taken place.

City Manager Davis stated that the staff would work to provide accurate date and information regarding the PSLIP program and will bring that back to the Council at a later date. He further noted that future discussion should be done with consideration on the approach and funding of capital projects. He stated that the City simply does not have the cash flow or monies needed to complete these large projects and will need to rethink its strategy that will probably involve the issuance of debt. He noted that there are opportunities with some of the sewer debt coming offline to re-appropriate some monies, as well as, bundle up some projects and in a few years look at increasing the sewer rate. Additionally, City Manager Davis stated that a conversation would be brought back at a future meeting and he’d looked to re-evaluate how water and sewer are handled with possible consideration of separating the two from each other so that they are separate programs and more manageable. b. Discuss any or all of the agenda items on the City Council Regular Meeting Agenda for September 08, 2016, which is attached below.

City Manager Davis briefly discussed the proposed municipal budget that Council will consider for adoption during the regular meeting. He noted that staff made the adjustments to the budget in order to accommodate the fire lieutenants for the Fire Tower Seven and made no other modifications to the budget. He stated if Council decided not to approve the item that there’s one City Council Regular Work Session Minutes September 08, 2016 Page 4 of 4

(1) more regular meeting for them to approve the budget before having to call a special meeting. Additionally, he stated that staff would be reporting to Council periodically on the progress as it relates to financials included to budget and implementation plan.

In response to a question from Council Member Capetillo related to the compensation budget for staff, City Manager Davis stated that there was a 5% raise for civil service employees and an opportunity for up to 5% increase for non-civil service that consist of a 2% cost of living increase and a possibility of up to 3% for merit. Additionally, Assistant City Manager Troller, the head of the Compensation Committee for Non-Civil Service Employees, stated that all non- civil service employees are at or above market. Council Member Capetillo asked if staff was reviewing all employees to make sure that the issue of compression and lower classified employees are not making more than their supervisors are being dealt with accordingly. Assistant City Manager Troller stated that this is being constantly reviewed by HR and Finance, and is an issue that’s dealt with every single employee. Assistant City Manager Troller further stated that staff is very comfortable with where they are with this regards, but noted that there may be an issue with regards to civil service employees, especially higher in the ranks, that will have to be dealt with comprehensively.

City Manager Davis stated that this is something that is being looked at as staff is very close to finding a solution with the Police Association on how to distribute raises this year. He stated that there a review is needed of some of the department head positions as some of them are a bit behind market and need to be addressed in the coming year. He further stated that Baytown provided one of the most competitive salaries to its employees; thus, there was not a lot of turmoil and turnover. Additionally, he stated that the staff here is eminently better than a lot of other staff he has worked for in his career, and that is a byproduct of being competitive.

Assistant City Manager Troller reminded Council that staff had a two year compensation plan that it completed last year; the first year brought people up to market and the second year they were put within the range of the market where they belonged according to their years of service doing the job. City Manager Davis noted that Baytown is using a market of cities with a population of 80,000 to 300,000 and also noted that in the next year the City will conduct a more empirical analysis of market to be able to use a true comparable when deciding our market.

As it relates to our turnovers for professional positions, City Manager Davis stated that in his tenure he has seen the retirement of one (1) department head only and he expects there to be some turnover with department heads in the next five (5) years due to retirement.

2. ADJOURN

With there being no further business to discuss, Mayor DonCarlos adjourned the September 08, 2016, City Council Regular Work Session at 6:11 P.M.

______Leticia Brysch, City Clerk City of Baytown D R A F T MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN

September 08, 2016

The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, September 08, 2016, 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 David McCartney Council Member Chris Presley Council Member Mercedes Renteria Council Member Terry Sain Council Member

Stephen H. DonCarlos Mayor

Rick Davis City Manager Ignacio Ramirez City Attorney Leticia Brysch City Clerk Keith Dougherty Sergeant at Arms

Mayor DonCarlos convened the September 08, 2016, 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 was absent.

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

1. MINUTES a. Consider approving the minutes of the Baytown City Council Work Session and Regular Meeting held on August 25, 2016.

A motion was made by Council Member Terry Sain and seconded by Council Member David McCartney approving the August 25, 2016, City Council Work Session and Regular Meeting minutes. The vote was as follows:

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

Nays: None

Other: Mayor Pro Tem Robert C. Hoskins (Absent) City Council Regular Meeting Minutes September 08, 2016 Page 2 of 13

Approved

2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Present a proclamation designating September 16, 2016, as American Legion Day in Baytown.

Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented to Tom Cotta and members of the VFW Post 912 a proclamation designating September 16, 2016, as American Legion Day in Baytown. b. Receive a presentation regarding the Port Authority and Port of Houston.

Mr. Roger Guenther, Executive Director of the Port of Houston Authority, presented Council with an update regarding the Port Authority and the Port of Houston. Mr. Guenther stated that the Greater Port of Houston is a 25 mile stretch of the ship channel from the Galveston Bay to upstream of the 610 bridge. He stated that along the channel is over 150 facilities that contribute about 20% of the cargo movement of the Greater Port of Houston, whereas eight (8) of those facilities are that of the Port of Houston Authority. Mr. Guenther stated that the economic value that it induces into the state of Texas is approximately $260 billion annually and contributes $1.2 million jobs to this region. He noted that although the downturn of the economy has been slow with regards to the price of oil which is an impact due to the importing of steel to the turning basin; the east side of town and downstream is on the rise at a rapid pace. He stated that the population growth is an impact on the Port of Houston Authority with Texas having the fastest growing population which is driving the demand for import cargo such as household goods. Mr. Guenther noted that the expansion of the Panama Canal is open allowing for bigger ships to come through the port putting Houston in a significant positively position to accept more cargo. Mr. Guenther noted that they are the local nonfederal sponsor for the Port of Houston Ship Channel, which means that they are obligated to making sure that the Houston Ship Channel remains a safe navigable waterway. He further stated that their revenues are invested back into their facilities to create more jobs and are currently doing a $10 million study to look at the needed improvements considering the amount of traffic flow projected for the future. Additionally, Mr. Guenther extended an invitation to the community to sign up to visit the Port of Houston as they have public tours that are held twice a day.

Council Member Capetillo inquired if the Port of Houston is forecasting any impact with regards to the relationship with the USA and Queba. In response to Council Member Capetillo's inquiry, Mr. Guenther stated that the impact depends on when and if the embargo is lifted, but noted that the Texas region is in a great position to provide Queba with whatever they need. c. Receive a presentation from the Sterling Municipal Library regarding their Outside the Lines Event being held on September 11-17, 2016.

Library Director, Jamie Eustace presented a presentation from the Sterling Municipal Library regarding their Outside the Lines (OTL) event to be held on September 11-17, 2016. She stated that the idea behind the OTL is to get people thinking and talking about libraries in a different City Council Regular Meeting Minutes September 08, 2016 Page 3 of 13 way. She further stated that 247 libraries all across the country will be participating in the event this year and introduced Ms. Leslie Kohles to provide more information on the event. Ms. Kohles stated that the OTL is scheduled from September 11 -17, 2016, which includes a unique event per day over the course of the week.

At 6:51 P.M., Mayor DonCarlos recessed into and conducted an executive session pursuant to Section 551.087 of the Texas Government Code to seek the advice of the City's attorneys on legal matters of granting of a special use permit for a Recreational Vehicle Park consisting of approximately 11.0 acres at 1512 Jones Road, legally described as Baytown Marina Reserve, Harris County, Texas.

At 7:02 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.

3. SPECIAL USE PERMIT FOR 1512 JONES ROAD a. Conduct a public hearing concerning the granting of a special use permit for a Recreational Vehicle Park consisting of approximately 11.0 acres at 1512 Jones Road, legally described as Baytown Marina Reserve, Harris County, Texas.

At 7:03 P.M., Mayor DonCarlos opened and conducted a public hearing concerning the granting of a special use permit for a Recreational Vehicle Park consisting of approximately 11.0 acres at 1512 Jones Road, legally described as Baytown Marina Reserve, Harris County, Texas.

Director of Planning and Community Development, Tiffany Foster presented a summary of this item and stated that this public hearing is concerning a special use permit (SUP) to allow for an RV Park at 1512 Jones Road. She stated that back in May of this year, the applicant requested a variance from the Watershed Protection Zone (WPZ) to allow for a development to occur within its boundary, in which City Council denied the request. She further stated that after the denial, the applicant modified their plans and decreased the proposed number of RV pads from 100 to 60 and continued through the special use permit process in which the Planning and Zoning Commission recommended to Council to deny the special use permit.

Keith Coburn, Peggy Scrivner, Victoria Fayle, Chris Buckner, Lilly Morrow, Shannon Logan, Tommy Logan, Mark Hall, and Mike Lester all registered to speak regarding the public hearing for agenda item 3.a.

Mr. Coburn stated that he lives approximately 600 feet from the proposed property and recommends that Council follow the advice of the Planning and Zoning Commission to deny this request.

Ms. Scrivner stated that she’s lived on Kilgore Road all of her life and would like the area to remain peaceful and quiet.

Ms. Fayle relinquished her time to Mr. Mark Hall. City Council Regular Meeting Minutes September 08, 2016 Page 4 of 13

Mr. Hall stated that his primary concerns was: 1) that a family that lived in their area was unable to rebuild their home after a hurricane which had been there since around 1950, because of its proximity to Cedar Bayou to having an allowance for an RV Development in this same area, and 2) there being no provision to force the rebuilding of a non-existing road. Additionally, he stated that he recommended that Council follow the recommendation of the Planning and Zoning Commission.

Mr. Buckner stated that this is his third appearance regarding this issue and requested Council's continued opposition to this effort.

Ms. Morrow stated that she's opposed to the approval of the granting of the special use permit for the same reasons and concerns as the previous speakers, but noted that she lives directly in front of the proposed property, where she would be exposed to the noise.

Shannon Logan permitted her time to Tommy Logan.

Mr. Logan stated that he lives at 1400 Kilgore Road which is in a floodway. He stated that after Hurricane Ike, he received approximately 3 1/2 feet of water in his home. He stated that if anyone frequents this area at all, the James and Kilgore Road intersection will be completely submerged. Mr. Logan further stated that in the event an emergency situation arises, the first responders will have a difficult time providing assistance. Additionally, he stated that he opposes the granting of this request.

Mr. Lester stated that as many of his concerns were already mentioned, he noted that the entrance and exits to this proposed park would be through a residential neighborhood which currently has traffic issues. Additionally, he stated that he requests Councils support to and follow Planning and Zoning's recommendation to deny this special use permit.

At 7:16 P.M., Mayor DonCarlos closed the public hearing regarding agenda item 3.a. b. Consider an ordinance concerning the granting of a special use permit for a Recreational Vehicle Park consisting of approximately 11.0 acres at 1512 Jones Road, legally described as Baytown Marina Reserve, Harris County, Texas.

Mayor DonCarlos stated that based on the testimonies that he's heard, his opinion is that the application for the special use permit is deficient. He stated that based on the testimonies no one is in support of the application and there was no information presented from the applicant during the public hearing in support of the application. Additionally, he stated there's seven (7) criteria's that must be met in order for Council to grant a special use permit and four (4) of them were not met. City Council Regular Meeting Minutes September 08, 2016 Page 5 of 13

A motion was made by Council Member David McCartney and seconded by Council Member Brandon Capetillo approving to deny the granting of the special use permit for a recreational vehicle park at 1512 Jones Road and uphold the ruling of the Planning and Zoning Commission. The vote was as follows:

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

Nays: None

Other: Mayor Pro Tem Robert C. Hoskins (Absent)

Approved

4. UNOPPOSED CANDIDATE DECLARED ELECTED a. Receive the Certificate of Unopposed Status for the Office of Council Member, District No. Two. b. Consider an ordinance declaring the unopposed candidate Chris Presley elected to the Office of Council Member District No. Two of the City of Baytown.

City Clerk, Leticia Brysch recommended that agenda items 4.a. and 4.b. be considered together.

She presented the agenda items and stated that the City Council called a municipal election for November 08, 2016, to elect a person to the Office of Council Member, District No. Two of the City of Baytown. She further stated that after the filing deadline for a place on the ballot for such election Mr. Chris Presley was the only candidate to file for a place on the ballot for the Office of Council Member, District No. Two. She stated that she's certifying that the candidate is unopposed and that Ordinance No. 13,274 declares the unopposed candidate Chris Presley elected to the Office of Council Member District Two. Additionally, Mrs. Brysch stated that the election for District Two will be canceled; therefore, people will not be able to vote on this election, but it will be noted on the ballot that he's the unopposed candidate declared elected.

A motion was made by Council Member David McCartney and seconded by Council Member Terry Sain approving Ordinance No. 13,274. The vote was as follows:

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

Nays: None

Other: Mayor Pro Tem Robert C. Hoskins (Absent) City Council Regular Meeting Minutes September 08, 2016 Page 6 of 13

Approved

ORDINANCE NO. 13,274

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DECLARING THE UNOPPOSED CANDIDATE CHRIS PRESLEY ELECTED TO THE OFFICE OF COUNCIL MEMBER DISTRICT NO. TWO (2) OF THE CITY OF BAYTOWN AND CANCELING THE ASSOCIATED MUNICIPAL ELECTION PREVIOUSLY ORDERED TO BE HELD ON THE 8TH DAY OF NOVEMBER, 2016, FOR THE PURPOSE OF ELECTING THE COUNCIL MEMBER OF COUNCIL DISTRICT NO. TWO (2) OF THE CITY OF BAYTOWN; ORDERING THE CITY CLERK TO INCLUDE IN THE BALLOT FOR THE CITY’S MUNICIPAL ELECTION TO BE HELD ON THE 8TH DAY OF NOVEMBER, 2016, A HEADING ENTITLED "UNOPPOSED CANDIDATES DECLARED ELECTED" UNDER WHICH THE OFFICE OF COUNCIL MEMBER OF COUNCIL DISTRICT NO. TWO (2) AND CHRIS PRESLEY’S NAME SHALL APPEAR; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

5. CITY OF BAYTOWN MUNICIPAL BUDGET FY 2016-2017 a. Consider an ordinance adopting the City of Baytown Municipal Budget, FY 2016- 2017.

Billy Kerr registered to speak regarding agenda item 5.a. and stated that he recommends something be included in the budget, such as aerial spraying to address mosquito concerns as they carrying serious diseases. Mayor DonCarlos stated that the City is prohibited from doing aerial spraying the City of Baytown, but was able to do so by variance after Hurricane Ike. Additionally, Mr. Mike Lester, the Director of the Health Department stated that about eight (8) years ago mosquito control efforts increased significantly and since then has transitioned primarily into a lavacide program which is more efficient in controlling the mosquitos than spraying. Mr. Lester stated that aerial spraying can be done, but by a dual engine airplane which costs about 56 cents an acre per spray. Mr. Lester noted for informational purposes that there is a decline in mosquito population during its peak season and further noted that ground spraying is being utilized which is far more efficient in an urban environment than aerial spraying to some extent. Mr. Lester stated that because the west coast is primarily open areas the only way to get out there is by airplane or helicopter. Additionally, Mr. Lester stated that staff is being very proactive in addressing mosquito control and has started an aggressive program with the used tire dealerships to get used tires in closed areas.

Additionally, Mr. Kerr recommended exploring and getting more details as it relates to aerial spraying. Mayor DonCarlos requested staff to provide a report with regards to Mr. Kerr's recommendation of exploring more details on aerial spraying.

City Manager Davis stated for clarity that there is no tax increase in FY 2016-2017 budget. City Council Regular Meeting Minutes September 08, 2016 Page 7 of 13

A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Chris Presley approving Ordinance No. 13,275. The vote was as follows:

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

Nays: None

Other: Mayor Pro Tem Robert C. Hoskins (Absent)

Approved

ORDINANCE NO. 13,275

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR, BEGINNING OCTOBER 1, 2016, AND ENDING SEPTEMBER 30, 2017, IN ACCORDANCE WITH THE CHARTER AND ORDINANCES OF THE CITY OF BAYTOWN; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. b. Consider a resolution ratifying the property tax increase reflected in the City of Baytown FY2016-17 Municipal Budget.

Finance Director, Wade Nickerson presented the agenda item and stated that Resolution No. 2438 ratifies the property tax increase reflected in the City of Baytown FY2016-17 Municipal Budget. He explained that the city need more property taxes based on value in order to fund this year’s budget, but that the tax rate will not be increased.

A motion was made by Council Member Terry Sain and seconded by Council Member David McCartney approving Resolution No. 2438. The vote was as follows:

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

Nays: None

Other: Mayor Pro Tem Robert C. Hoskins (Absent)

Approved City Council Regular Meeting Minutes September 08, 2016 Page 8 of 13

RESOLUTION NO. 2438

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RATIFYING THE PROPERTY TAX REVENUE INCREASE REFLECTED IN THE FISCAL YEAR 2016-2017 MUNICIPAL BUDGET, IN ACCORDANCE WITH SECTION 102.007(C) OF THE TEXAS LOCAL GOVERNMENT CODE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

6. REPORTS a. Receive the 2016 Appraisal Rolls certified by the Harris County Appraisal District and the Chambers County Appraisal District.

Mr. Nickerson presented the agenda item for Council to receive the 2016 Appraisal Rolls certified by the Harris County Appraisal District and the Chambers County Appraisal District. He stated that the total appraised value for the city including Harris and Chambers Counties is $3.774 billion.

Mayor DonCarlos acknowledged that the appraised tax rolls were received. b. Receive a report on the Comprehensive Plan Annual Report and Strategic Action Plan.

Mrs. Foster presented the agenda item and stated that this annual report done by the Planning and Zoning Commission is a review of the Comprehensive Plan adopted by Council in 2007. Additionally, she stated that this report was reviewed at the last Planning and Zoning Commission meeting and the actual report with comments was included in Councils packet.

7. CONSENT

A motion was made by Council Member Chris Presley and seconded by Council Member David McCartney approving consent agenda items 7.a. through 7.l. The vote was as follows:

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

Nays: None

Other: Mayor Pro Tem Robert C. Hoskins (Absent)

Approved City Council Regular Meeting Minutes September 08, 2016 Page 9 of 13 a. Consider an ordinance authorizing the acceptance and release of retainage for the 2007 Street Bond Program - Year 6.

ORDINANCE NO. 13,276 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE 2007 STREET BOND PROGRAM - YEAR 6 PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF ONE HUNDRED EIGHTY-FOUR THOUSAND THREE AND 02/100 DOLLARS ($184,003.02) TO ANGEL BROTHERS ENTERPRISES, LTD, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the acceptance and release of retainage for the John Martin I-10 Improvement Project.

ORDINANCE NO. 13,277

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE JOHN MARTIN IH-10 IMPROVEMENT PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF THIRTY- NINE THOUSAND EIGHT HUNDRED TWENTY-EIGHT AND 50/100 DOLLARS ($39,828.50) TO ANGEL BROTHERS ENTERPRISES, LTD, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance authorizing Change Order No. 9 to the Joint 911 Emergency Communications and Information Data Services Center with Turner Construction Company.

ORDINANCE NO. 13,278

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 9 WITH TURNER CONSTRUCTION COMPANY, FOR THE JOINT 911 EMERGENCY COMMUNICATIONS AND INFORMATION DATA SERVICES CENTER PROJECT, WHICH RESULTS IN A NET CONTRACT PRICE DEDUCTION OF THREE THOUSAND FOUR HUNDRED SEVENTY-SEVEN AND 13/100 DOLLARS ($3,477.13); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance accepting the donation of a 0.208-acre tract of land located on Peppermill Street, Baytown, Harris County, Texas, from Leo and Cecilia Claxton for lift station access and other municipal purposes. City Council Regular Meeting Minutes September 08, 2016 Page 10 of 13

ORDINANCE NO. 13,279

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE DONATION OF A 0.208-ACRE TRACT OF LAND LOCATED ON PEPPERMILL STREET, BAYTOWN, HARRIS COUNTY, TEXAS, FROM LEO AND CECILIA CLAXTON FOR LIFT STATION ACCESS AND OTHER MUNICIPAL PURPOSES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing payment to Goose Creek Consolidated Independent School District for ad valorem tax assessment and collection services.

ORDINANCE NO. 13,280

AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT FOR AD VALOREM TAX ASSESSMENT AND COLLECTION SERVICES FOR FY 2015-2016 TO GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT IN THE AMOUNT OF SIXTY-NINE THOUSAND NINE HUNDRED NINETY AND 05/100 DOLLARS ($69,990.05); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing the First Amendment to the Interlocal Agreement with the Baytown Municipal Development District for the funding of property acquisition costs related to the San Jacinto Boulevard Project.

ORDINANCE NO. 13,281

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 PROPERTY ACQUISITION COSTS RELATED TO THE SAN JACINTO BOULEVARD PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance approving the purchase of the Aqua Loop and Aqua Drop slides and tower from Whitewater West Industries Ltd., for the Pirates Bay Water Park.

ORDINANCE NO. 13,282

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF ONE MILLION SIXTY-FIVE THOUSAND SIXTY-EIGHT AND NO/100 DOLLARS ($1,065,068.00) TO WHITEWATER WEST INDUSTRIES LTD., FOR THE City Council Regular Meeting Minutes September 08, 2016 Page 11 of 13

SOLE SOURCE PURCHASE OF THE AQUA LOOP AND AQUA DROP SLIDES AND TOWER; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing the renewal of the Annual Sludge Disposal Contract with Sprint Transport, LLC.

ORDINANCE NO. 13,283

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL SLUDGE DISPOSAL CONTRACT WITH SPRINT TRANSPORT, LLC, F/K/A RUSTIN TRANSPORTATION COMPANY, LP, AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWO HUNDRED TWENTY THOUSAND AND NO/100 DOLLARS ($220,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance authorizing the renewal of the Annual Gasoline and Diesel Fuel Contract to Gold Star Petroleum, Inc.

ORDINANCE NO. 13,284

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE RENEWAL OF THE ANNUAL GASOLINE AND DIESEL FUEL CONTRACT WITH GOLD STAR PETROLEUM, INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE MILLION TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($1,200,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing the renewal of the Annual Repair Clamps Contract with ACT Pipe and Supply.

ORDINANCE NO. 13,285

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL REPAIR CLAMPS CONTRACT WITH ACT PIPE & SUPPLY AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SIXTY-THREE THOUSAND THREE HUNDRED SEVENTEENAND 94/100 DOLLARS ($63,317.94); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes September 08, 2016 Page 12 of 13 k. Consider an ordinance authorizing the renewal of the Annual Large Meter Testing Contract of Neptune Meters to Southern Flowmeter, Inc.

ORDINANCE NO. 13,286

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL LARGE METER TESTING OF NEPTUNE METERS CONTRACT WITH SOUTHERN FLOWMETER, INC., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FIFTY-EIGHT THOUSAND AND NO/100 DOLLARS ($58,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. l. Consider an ordinance authorizing the sole source purchase of Axiall Accu-Tab Hypochlorite Solution Tablets for water park maintenance from Progressive Commercial Aquatics.

ORDINANCE NO. 13,287

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF ONE HUNDRED FORTY THOUSAND AND NO/100 DOLLARS ($140,000.00) TO PROGRESSIVE COMMERCIAL AQUATICS FOR THE SOLE SOURCE PURCHASE OF AXIALL ACCU-TAB HYPOCHLORITE SOLUTION TABLETS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

8. APPOINTMENTS a. Consider two (2) appointments to the Baytown Animal Control Advisory Committee.

Mrs. Brysch presented the agenda item to consider two (2) appointments to the Baytown Animal Control Advisory Committee and stated that Mr. Richard Park is eligible for reappointment and desires to serve another two (2) year term, whereas, Ms. Lory Stone declined to serve. Additionally, she stated that the application on file for Mr. Jay Tyler Garrett, Jr., was submitted for consideration of the vacancy.

A motion was made by Council Member David McCartney and seconded by Council Member Mercedes Renteria III approving the appointments of Mr. Richard Park and Mr. Jay Garrett, Jr. to the Baytown Animal Control Advisory Committee. The vote was as follows:

Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley City Council Regular Meeting Minutes September 08, 2016 Page 13 of 13

Nays: None

Other: Mayor Pro Tem Robert C. Hoskins (Absent)

Approved

9. MANAGER'S REPORT a. The Baytown Farmer's Market along with the Baytown Arts and Crafts Festival will be held at Town Square on the 3rd Saturday of each month from September through May from 8:00 A.M. - 12:00 P.M.

Director of Parks and Recreation, Scott Johnson presented the agenda item and stated that the Baytown Farmer's Market along with the Baytown Arts and Crafts Festival will be held at Town Square on the 3rd Saturday of each month from September through May from 8:00 A.M. - 12:00 P.M., beginning Saturday, September 17, 2016. b. The Summer Meals in the Park program ended on Friday, August 5th and served nearly 10,000 meals at seven neighborhood parks and the Sterling Municipal Library.

Mr. Johnson noted that in partnership with the Goose Creek CISD, the Summer Meals in the Park program served nearly 10,000 meals at seven neighborhood parks.

Assistant City Manager, Kevin Troller stated that the City partners with Congressman Ted Poe's office and the local Chamber of Commerce to provide cards to troops thanking them for their service. Additionally, he stated that this year will be the City of Baytown’s fifth year participating in this event.

City Manager Davis commended Leticia Brysch and Glenda Bruce of the City Clerk's office for receiving acknowledgement of exemplary customer service from the Texas Department of State Health Services during an audit. He also acknowledged Yvonne Herrera, Jacqueline Carmona, and Lynette Rodriguez of the municipal court and Detective Watkins of the police department for their accomplishments to their respective departments. Additionally, he acknowledged Officer Nathaniel Brown for being commended by the LaPorte Police Department for his assistance with apprehending a robbery suspect.

10. ADJOURN

With there being no further business to discuss, Mayor DonCarlos adjourned the September 08, 2016, City Council Regular Meeting at 7:41 P.M.

______Leticia Brysch, City Clerk City of Baytown

BAYTOWN CITY COUNCIL MEETING 1. c. Meeting Date: 10/13/2016 Subject: Consider approving the minutes of the Baytown City Council Work Session and Regular Meeting held on September 22, 2016. Prepared for: Leticia Brysch, City Clerk's Office Prepared by: Leticia Brysch, City Clerk's Office Department: City Clerk's Office

Information ITEM Consider approving the minutes of the Baytown City Council Work Session and Regular Meeting held on September 22, 2016.

PREFACE Consider approving the minutes of the Baytown City Council Work Session and Regular Meeting held on September 22, 2016.

RECOMMENDATION

Attachments September 22, 2016 WS Minutes September 22, 2016 CC Minutes D R A F T MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN

September 22, 2016

The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, September 22, 2016, 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 Terry Sain Council Member

Stephen H. DonCarlos Mayor

Rick Davis City Manager Ignacio Ramirez City Attorney Leticia Brysch City Clerk Keith Dougherty Sergeant at Arms

Mayor DonCarlos convened the September 22, 2016, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present with the exception of Council Member Renteria who was absent.

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

1. MINUTES a. Consider approving the minutes of the Special City Council Meeting held on September 01, 2016.

A motion was made by Council Member Terry Sain and seconded by Council Member David McCartney approving the September 01, 2016, City Council Special Meeting minutes. The vote was as follows:

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

Nays: None

Other: Council Member Mercedes Renteria III (Absent) City Council Regular Meeting Minutes September 22, 2016 Page 2 of 19

Approved

2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Ms. Lori Stone requested to appear before Council regarding her experience as the Animal Service Representative on the Animal Control Advisory Board.

Ms. Stone stated that she resides at 8207 Beechhaven Lane, Baytown, Texas and has been involved with animal rescue for over 15 years, but is now retiring and will no longer serve on the Animal Control Advisory Committee where she's served since 2007. She stated that she believes that an animal welfare representative should be actively involved in the community and noted that she's witnessed many improvements to the animal services, but that more officers are needed before the other recommendations can be implemented.

Mayor DonCarlos presented Ms. Stone with a plaque of appreciation for her services. b. Chief Dougherty presented the Baytown Police Department's Life Saving Award for service on August 21, 2016.

Police Chief, Keith Dougherty presented to Officer K. Zinter, Officer M. Pigg, Officer C. Obenland, Officer J. Nguyen and Officer J. Barrera the Baytown Police Department's Life Saving Award for service on August 21, 2016, at the scene of a major accident with an entrapped citizen. c. Recognize City of Baytown Employees for their Years of Service.

Director of Human Resources, Carol Flynt presented the agenda item and recognized City of Baytown Employees for their years of service.

5 Years William "Scott" Tomlin, Fire Dept., Paramedic Daniel Calhoun, Fire Dept., Firefighter Clayton Breeding, Police Dept., Officer

10 Years Blake Nichols, Fire Dept., Equipment Operator d. The 11th Annual Grito Fest is scheduled for Saturday, October 01, 2016, at Bicentennial Park.

Director of Parks and Recreation, Scott Johnson presented the agenda item and stated that the 11th Annual Grito Fest is scheduled for Saturday, October 01, 2016, at Bicentennial Park to begin at 4:30 P.M. City Council Regular Meeting Minutes September 22, 2016 Page 3 of 19

Mr. Jacob Schaffer presented this year's lineup and stated that the lineup include performances from Mariachi Los Gallitos, H.O.L.A Ballet Folklorico, The Hometown Boys, and A. B. Quintanilla and the Elektro Kumbia Kings. Mr. Schaffer noted that the H.O.L.A Ballet Folklorico will perform traditional dances between acts.

3. ANNEXATION OF APPROXIMATELY 230.36 ACRES OF LAND a. Consider an ordinance authorizing one or more Development Agreements with owners of property within the 230.36 acres of land to be annexed.

Senior Planner Manager, Nathan Dietrich presented the agenda item and stated that Ordinance No. 13,288 authorizes two (2) development agreements with owners of property within the 230.36 acres of land to be annexed. He stated that approximately 94 acres of development would be removed with these agreements leaving 136 acres of land to be annexed within the city. He further noted that the development agreements provides that the property subject to the agreement will retain its extraterritorial status for up to seven (7) years or until any type of subdivision plat or related development document is filed or the property loses its agricultural, wildlife management or timber use exemption, whichever occurs first. Additionally, he stated that the City offered the development agreements and required the same to be signed before this meeting or else the property would be subject to annexation.

A motion was made by Mayor Pro Tem Robert C. Hoskins and seconded by Council Member David McCartney approving Ordinance No. 13,288. The vote was as follows:

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

Nays: None

Other: Council Member Mercedes Renteria III (Absent)

Approved

ORDINANCE NO. 13,288

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 DEVELOPMENT AGREEMENTS WITH THE OWNERS OF CERTAIN PROPERTIES WITHIN THE PROPOSED 230.36-ACRE ANNEXATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes September 22, 2016 Page 4 of 19 b. Consider an ordinance for the second and final reading of the proposed involuntary annexation of approximately 230.36 acres, situated in the J.W. Singleton Survey, Abstract No. 709, D. McFadden Survey, Abstract No. 591 and C. Smith Survey, Abstract No. 69 for multiple parcels and rights-of-way, located approximately 130 feet east of N. Main Street, including Blue Heron Parkway right-of-way to Crosby Cedar Bayou Road and portions of Barkuloo Road right-of-way, Harris County, Texas.

Mr. Dietrich presented the agenda item and stated that Ordinance No. 13,273 is the second and final reading regarding the involuntary annexation previously discussed in agenda item 3.a. He stated that on June 09, 2016, City Council approved a resolution directing staff to create a service plan for the proposed area to be annexed and this second reading completes the annexation proceedings.

A motion was made by Mayor Pro Tem Robert C. Hoskins and seconded by Council Member David McCartney approving Ordinance No. 13,273 regarding the second and final reading of the involuntary annexation of approximately 230.36 acres of land near N. Main including Blue Heron Parkway. The vote was as follows:

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

Nays: None

Other: Council Member Mercedes Renteria III (Absent)

Approved

ORDINANCE NO. 13,273

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 230.36 ACRES, SITUATED IN THE J.W. SINGLETON SURVEY, ABSTRACT NO. 709, D. MCFADDEN SURVEY, ABSTRACT NO. 591 AND C. SMITH SURVEY, ABSTRACT NO. 69 FOR MULTIPLE PARCELS AND RIGHTS - OF -WAY, LOCATED APPROXIMATELY 130 FEET EAST OF N. MAIN STREET, INCLUDING BLUE HERON PARKWAY RIGHT -OF -WAY TO CROSBY CEDAR BAYOU ROAD AND PORTIONS OF BARKULOO ROAD RIGHT - OF -WAY, HARRIS COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. City Council Regular Meeting Minutes September 22, 2016 Page 5 of 19 c. Consider an ordinance placing the newly annexed properties generally described as approximately 230.36 acres of land, situated in the J.W. Singleton Survey, Abstract No. 709, D. McFadden Survey, Abstract No. 591 and C. Smith Survey, Abstract No. 69 consisting of multiple parcels and rights-of-way, located approximately 130 feet east of N. Main Street, including Blue Heron Parkway right-of-way to Crosby Cedar Bayou Road and portions of Barkuloo Road right-of-way, into Council Districts 4 and 5.

A motion was made by Council Member Terry Sain and seconded by Mayor Pro Tem Robert C. Hoskins approving Ordinance No. 13,289. The vote was as follows:

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

Nays: None

Other: Council Member Mercedes Renteria III (Absent)

Approved

ORDINANCE NO. 13,289

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING APPROXIMATELY 230.36-ACRES OF LAND, SITUATED IN THE J.W. SINGLETON SURVEY, ABSTRACT NO. 709, D. MCFADDEN SURVEY, ABSTRACT NO. 591 AND C. SMITH SURVEY, ABSTRACT NO. 69 CONSISTING OF MULTIPLE PARCELS AND RIGHTS-OF-WAY, LOCATED APPROXIMATELY 130 FEET EAST OF N. MAIN STREET, INCLUDING BLUE HERON PARKWAY RIGHT-OF-WAY TO CROSBY CEDAR BAYOU ROAD AND PORTIONS OF BARKULOO ROAD RIGHT- OF-WAY, SAVE AND EXCEPT THOSE PROPERTIES SUBJECT TO DEVELOPMENT AGREEMENTS, INTO COUNCIL DISTRICTS 4 AND 5; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.

4. ANNEXATION AND REZONING OF APPROXIMATELY 2.034 ACRES OF LAND a. Consider an ordinance for the second and final reading of the proposed voluntary annexation of approximately 2.034 acres of land, located along the current City limits about 300 feet west of the intersection of Archer and Garth Roads, part of and out of Lots 8 and 9, Block 22, Highland Farms, Harris County, Texas.

Mr. Dietrich presented the agenda item and stated that the purpose of the annexation is to obtain utilities for future commercial development. He stated that the proceeding rezoning this City Council Regular Meeting Minutes September 22, 2016 Page 6 of 19 property is being processed concurrently with this application. Additionally, Mr. Dietrich stated that on July 14, 2016, the City Council approved a resolution granting the petition and directed staff to create a service plan for the proposed area to be annexed.

A motion was made by Council Member David McCartney and seconded by Mayor Pro Tem Robert C. Hoskins approving Ordinance No. 13,258 regarding the second and final reading of a voluntary annexation of approximately 2.035 acres of land near Archer and Garth Roads. The vote was as follows:

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

Nays: None

Other: Council Member Mercedes Renteria III (Absent)

Approved

ORDINANCE NO. 13,258

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 2. 034 ACRES OF LAND, LOCATED ALONG THE CURRENT CITY LIMITS ON THE SOUTH SIDE OF ARCHER ROAD AND THE WEST SIDE OF GARTH ROAD, PART OF AND OUT OF LOTS 8 AND 9, BLOCK 22, HIGHLAND FARMS, HARRIS COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. b. Consider an ordinance placing the newly annexed property generally described as approximately 2.034 acres of land, located along the current City limits about 300 feet west of the intersection of Archer and Garth Roads, part of and out of Lots 8 and 9, Block 22, Highland Farms, Harris County, Texas, into Council District No. 3.

A motion was made by Council Member Brandon Capetillo and seconded by Mayor Pro Tem Robert C. Hoskins approving Ordinance No. 13,290. The vote was as follows:

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

Nays: None City Council Regular Meeting Minutes September 22, 2016 Page 7 of 19

Other: Council Member Mercedes Renteria III (Absent)

Approved

ORDINANCE NO. 13,290

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING APPROXIMATELY 2.034 ACRES OF LAND, LOCATED ALONG THE CURRENT CITY LIMITS ABOUT 300 FEET WEST OF THE INTERSECTION OF ARCHER AND GARTH ROADS, PART OF AND OUT OF LOTS 8 AND 9, BLOCK 22, HIGHLAND FARMS, HARRIS COUNTY, TEXAS, INTO COUNCIL DISTRICT NO. 3; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. c. Conduct a public hearing concerning a proposed amendment to the official zoning map to rezone approximately 2.034 acres of land, located along the City limits on the south side of Archer Road and the west side of Garth Road, part of and out of Lots 8 and 9, Block 22, Highland Farms, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District.

At 7:00 P.M., Mayor DonCarlos opened and conducted a public hearing concerning a proposed amendment to the official zoning map to rezone approximately 2.034 acres of land, located along the City limits on the south side of Archer Road and the west side of Garth Road, part of and out of Lots 8 and 9, Block 22, Highland Farms, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District.

Mr. Dietrich stated that currently, the subject property is vacant and the applicant is proposing future commercial development. Additionally, he stated that this rezoning is consistent with the Future Land Use Plan and on August 16, 2016, the Planning and Zoning Commission voted to recommend approval of the zoning map amendment.

With there being no one registered to speak regarding agenda item 4.c., Mayor DonCarlos closed the public hearing at 7:00 P.M. d. Consider an ordinance concerning a proposed amendment to the official zoning map for approximately 2.034 acres of land, located along the City limits on the south side of Archer Road and the west side of Garth Road, part of and out of Lots 8 and 9, Block 22, Highland Farms, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District.

A motion was made by Council Member Brandon Capetillo and seconded by Council Member Chris Presley approving Ordinance No. 13,291. The vote was as follows: City Council Regular Meeting Minutes September 22, 2016 Page 8 of 19

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

Nays: None

Other: Council Member Mercedes Renteria III (Absent)

Approved

ORDINANCE NO. 13,291

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO REZONE 2.034 ACRES OF LAND, LOCATED ALONG THE CITY LIMITS ON THE SOUTH SIDE OF ARCHER ROAD AND THE WEST SIDE OF GARTH ROAD, PART OF AND OUT OF LOTS 8 AND 9, BLOCK 22, HIGHLAND FARMS, HARRIS COUNTY, TEXAS, FROM AN OPEN SPACE/RECREATION (OR) ZONING DISTRICT TO A GENERAL COMMERCIAL (GC) ZONING 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.

5. ANNEXATION AND REZONING OF APPROXIMATELY 7.45 ACRES OF LAND a. Consider an ordinance for the second and final reading of the proposed voluntary annexation of approximately 7.45 acres of land, located at 5523 Garth Road which is a portion of the tract that is currently not in the City limits and legally described as part of and out of Lots 7, 9 and 10, Block 22, Highland Farms, Harris County, Texas.

Mr. Dietrich presented the agenda item and stated that the purpose of this annexation is to obtain utilities for future commercial development and an application to zone this property is being processed concurrently with this application. Additionally, he stated that the City Council approved a resolution granting the petition and directed staff to create a service plan for the proposed area to be annexed.

A motion was made by Council Member Brandon Capetillo and seconded by Mayor Pro Tem Robert C. Hoskins approving Ordinance No. 13,259 regarding the second and final reading of the voluntary annexation of approximately 7.45 acres of land at 5523 Garth Road. The vote was as follows: City Council Regular Meeting Minutes September 22, 2016 Page 9 of 19

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

Nays: None

Other: Council Member Mercedes Renteria III (Absent)

Approved

ORDINANCE NO. 13,259

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 7. 45 ACRES OF LAND, LOCATED AT 5523 GARTH ROAD, WHICH INCLUDES A PORTION OF THE TRACT THAT IS CURRENTLY NOT IN THE CITY LIMITS AND LEGALLY DESCRIBED AS PART OF AND OUT OF LOTS 7, 9 AND 10, BLOCK 22, HIGHLAND FARMS, HARRIS COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. b. Consider an ordinance placing the newly annexed property generally described as approximately 7.45 acres of land, located at 5523 Garth Road, and legally described as part of and out of Lots 7, 9 and 10, Block 22, Highland Farms, Harris County, Texas, into Council District No. 3.

A motion was made by Council Member Brandon Capetillo and seconded by Council Member Chris Presley approving Ordinance No. 13,292. The vote was as follows:

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

Nays: None

Other: Council Member Mercedes Renteria III (Absent)

Approved ORDINANCE NO. 13,292

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING APPROXIMATELY 7.45 ACRES OF LAND, LOCATED AT 5523 GARTH ROAD, AND LEGALLY DESCRIBED AS PART OF AND OUT OF LOTS 7, 9 AND 10, BLOCK 22, HIGHLAND FARMS, HARRIS City Council Regular Meeting Minutes September 22, 2016 Page 10 of 19

COUNTY, TEXAS, INTO COUNCIL DISTRICT NO. 3; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. c. Conduct a public hearing concerning a proposed amendment to the official zoning map to rezone approximately 7.45 acres of land, located at 5523 Garth Road, legally described as part of and out of Lots 7, 9 and 10, Block 22, Highland Farms, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District.

At 7:02 P.M., Mayor DonCarlos opened and conducted a public hearing concerning a proposed amendment to the official zoning map to rezone approximately 7.45 acres of land, located at 5523 Garth Road, legally described as part of and out of Lots 7, 9 and 10, Block 22, Highland Farms, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District.

Mayor DonCarlos stated that the purpose of this public hearing was obviously clear with regards to the zoning change.

With there being no one registered to speak regarding agenda item 5.c., Mayor DonCarlos closed the public hearing at 7:03 P.M. d. Consider an ordinance concerning a proposed amendment to the official zoning map for approximately 7.45 acres of land, located at 5523 Garth Road, legally described as part of and out of Lots 7, 9 and 10, Block 22, Highland Farms, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District.

A motion was made by Council Member Brandon Capetillo and seconded by Council Member Chris Presley approving Ordinance No. 13,293. The vote was as follows:

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

Nays: None

Other: Council Member Mercedes Renteria III (Absent)

Approved

ORDINANCE NO. 13,293

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF City Council Regular Meeting Minutes September 22, 2016 Page 11 of 19

BAYTOWN TO REZONE 7.45 ACRES OF LAND, LOCATED AT 5523 GARTH ROAD, LEGALLY DESCRIBED AS PART OF AND OUT OF LOTS 7, 9 AND 10, BLOCK 22, HIGHLAND FARMS, HARRIS COUNTY, TEXAS, FROM AN OPEN SPACE/RECREATION (OR) ZONING DISTRICT TO A GENERAL COMMERCIAL (GC) ZONING 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.

6. BAYTOWN REVITALIZATION INCENTIVE ZONE

Mayor DonCarlos stated that agenda items 6.a. and 6.b. would be considered together as agenda item 6.a. renews the zone and agenda item 6.b. adopts the Incentive Policy for the zone. a. Consider a resolution creating the Baytown Revitalization Incentive Zone, a neighborhood empowerment zone within a portion of the City of Baytown. b. Consider an ordinance adopting the Incentive Policy for the Baytown Revitalization Incentive Zone to exercise certain municipal powers in such neighborhood empowerment zone.

Community Development Block Grant Program Manager, June Tyler presented the agenda item and stated that Resolution No. 2439 creates the Baytown Revitalization Incentive Zone (RIZ), a neighborhood empowerment zone (the "Zone"), within a portion of the City of Baytown. She stated that there are two (2) separate programs of the RIZ: Program 1- The Basic Incentive and Program 2 - Tax Refund. She stated that Program 1 waives certain permit and impact fees and Program 2 refunds the City's ad valorem incremental tax increase and is based on a five (5) year schedule. Mrs. Tyler further stated that since the adoption of the guidelines in the year 2014, the following changes proposed include adding approximately 370 parcels to the zone, providing a definition of property ownership, and updating the fees enumerated in Section 3 due to the change in the fee schedule.

A motion was made by Council Member David McCartney and seconded by Mayor Pro Tem Robert C. Hoskins approving Resolution No. 2439 and Ordinance No. 13,294. The vote was as follows:

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

Nays: None

Other: Council Member Mercedes Renteria III (Absent)

Approved City Council Regular Meeting Minutes September 22, 2016 Page 12 of 19

RESOLUTION NO. 2439

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CREATING THE BAYTOWN REVITALIZATION INCENTIVE ZONE, A NEIGHBORHOOD EMPOWERMENT ZONE WITHIN A PORTION OF THE CITY OF BAYTOWN; MAKING APPROPRIATE FINDINGS RELATED THERETO; EXERCISING MUNICIPAL POWERS TO ESTABLISH INCENTIVES WITHIN THE ZONE; ESTABLISHING THE EFFECTIVE AND EXPIRATION DATES OF THE ZONE AND A MECHANISM FOR RENEWAL OF THE ZONE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

ORDINANCE NO. 13,294

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING THE INCENTIVE POLICY FOR THE BAYTOWN REVITALIZATION INCENTIVE ZONE TO EXERCISE CERTAIN MUNICIPAL POWERS IN SUCH NEIGHBORHOOD EMPOWERMENT ZONE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

7. REPORTS a. Receive the effective and rollback tax rate calculation for the 2016 tax year (Fiscal Year 2017).

Finance Director, Wade Nickerson presented the agenda item and stated that the effective tax rate and the rollback rates were calculated at $0.84737 and $0.82483 per $100 valuation, respectively. Additionally, he stated that these rates are both above the current rate and no special public hearings will be held on the rates.

8. CONSENT

A motion was made by Council Member Chris Presley and seconded by Council Member David McCartney approving consent agenda items 8.a. through 8.r. The vote was as follows:

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

Nays: None

Other: Council Member Mercedes Renteria III (Absent)

Approved City Council Regular Meeting Minutes September 22, 2016 Page 13 of 19 a. Consider an ordinance authorizing the closeout, acceptance and release of retainage of the CDBG Non-Housing Building and Hardening and Structural Improvements Project.

ORDINANCE NO. 13,295

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE RETAINAGE OF THE CDBG NON-HOUSING BUILDING AND HARDENING AND STRUCTURAL IMPROVEMENTS PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF FIFTY THOUSAND SEVEN HUNDRED SIXTY-ONE AND 48/100 DOLLARS ($50,761.48) TO JC STONEWALL CONSTRUCTORS, LP, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the closeout, acceptance and release of retainage for the Kilgore Pipebursting Project with PM Construction & Rehab, LLC.

ORDINANCE NO. 13,296

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE RETAINAGE OF THE KILGORE PIPEBURSTING PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF EIGHTY-SIX THOUSAND FIVE HUNDRED EIGHTY-SEVEN AND 74/100 DOLLARS ($86,587.74) TO PM CONSTRUCTION & REHAB, LLC, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance authorizing the closeout and acceptance of the 2015 Mill & Overlay Project.

ORDINANCE NO. 13,297 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE 2015 MILL & OVERLAY PROJECT – YEAR 1; AUTHORIZING FINAL PAYMENT OF THE SUM OF SIXTY-FIVE THOUSAND SEVEN HUNDRED NINETY-THREE AND 92/100 DOLLARS ($65,793.92) TO ANGEL BROTHERS ENTERPRISES, LTD, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance renewing the 2016 Annual Sanitary Sewer Rehabilitation Project with Texas Pride Utilities, LLC for an additional year.

ORDINANCE NO. 13,298

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE 2016 ANNUAL SANITARY SEWER REHABILITATION PROJECT FOR YEAR 2 WITH TEXAS PRIDE City Council Regular Meeting Minutes September 22, 2016 Page 14 of 19

UTILITIES, LLC, FOR 2016; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN FOR SUCH RENEWAL IN AN AMOUNT NOT TO EXCEED ONE MILLION AND NO/100 DOLLARS ($1,000,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the closeout, acceptance, and final payment for the 2015 Annual Waterline Rehabilitation Project -- Year 2, with SKE Construction, LLC.

ORDINANCE NO. 13,299

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE 2015 ANNUAL WATERLINE REHABILITATION PROJECT – YEAR 2; AUTHORIZING FINAL PAYMENT OF THE SUM OF THIRTY-FIVE THOUSAND FOUR HUNDRED FIFTY-ONE AND 90/100 DOLLARS ($35,451.90) TO SKE CONSTRUCTION, LLC, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance for the final renewal of the 2015 Annual Waterline Rehabilitation Project with SKE Construction, LLC, and authorizing Change Order No. 1.

ORDINANCE NO. 13,300

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE 2015 ANNUAL WATERLINE REHABILITATION CONTRACT FOR YEAR 3 WITH SKE CONSTRUCTION, LLC, FOR 2016; AUTHORIZING CHANGE ORDER NO. 1 FOR SUCH PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN FOR SUCH RENEWAL IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($750,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing the Professional Service Agreement with SKA Consulting, L.P., for the Public Works Fuel Tanks Project.

ORDINANCE NO. 13,301

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH SKA CONSULTING L.P., FOR THE PUBLIC WORKS FUEL TANKS PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SEVENTY-NINE THOUSAND SIX HUNDRED FORTY-ONE AND NO/100 DOLLARS ($79,641.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes September 22, 2016 Page 15 of 19 h. Consider an ordinance authorizing the approval to convert North Civic Drive to a one-way street and installing the appropriate signage.

ORDINANCE NO. 13,302

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE IV "SPECIFIC STREET REGULATIONS," SECTION 94-121 "SCHEDULES ENUMERATED," SCHEDULE I "DESIGNATION – ONE WAY STREETS" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO CONVERT NORTH CIVIC DRIVE TO A ONE-WAY DRIVE; AUTHORIZING THE POSTING OF PROPER SIGNS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO/100 DOLLARS ($200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. i. Consider an ordinance authorizing the First Amendment to the Chapter 380 Economic Development Agreement with The Kroger Co., to extend the date to obtain the certificate of occupancy for the new retail grocery store.

ORDINANCE NO. 13,303

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE FIRST AMENDMENT TO THE CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT WITH THE KROGER CO.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing an Interlocal Agreement with Lee College District for City employees' use of Wellness Center and Swimming Pool.

ORDINANCE NO. 13,304

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH LEE COLLEGE DISTRICT FOR CITY EMPLOYEES' USE OF THE WELLNESS CENTER AND SWIMMING POOL; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider an ordinance approving a contract with the Bay Area Rehabilitation Center for park cleaning, janitorial services and litter removal. City Council Regular Meeting Minutes September 22, 2016 Page 16 of 19

ORDINANCE NO. 13,305

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH BAY AREA REHABILITATION CENTER FOR PARK CLEANING AND LITTER REMOVAL; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED NINETY-FIVE THOUSAND ONE HUNDRED SEVENTY-SIX AND 45/100 DOLLARS ($95,176.45); MAKING OTHER PROVISIONS RELATED THERETO AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. l. Consider an ordinance establishing speed limits and hours of enforcement in school zones for all of Goose Creek Consolidated Independent School District's elementary schools within the City of Baytown.

ORDINANCE NO. 13,306

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. m. Consider an ordinance awarding a contract to Kraftsman L.P., through the Texas Local Government Purchasing Cooperative (Buy Board), for demolition and construction of concrete work for the new Aqua Loop and Aqua Drop slides and tower at Pirates Bay.

ORDINANCE NO. 13,307

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FOUR HUNDRED THIRTY- ONE THOUSAND THREE HUNDRED FORTY-TWO AND NO/100 DOLLARS ($431,342.00) TO KRAFTSMAN L.P., THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR CONCRETE WORK FOR THE NEW AQUA LOOP AND AQUA DROP SLIDES AND TOWER AT PIRATES BAY; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes September 22, 2016 Page 17 of 19

n. Consider an ordinance authorizing the purchase of prefabricated restroom buildings for Jenkins Park and the Wayne Gray Sports Complex through the Texas Local Government Purchasing Cooperative (Buy Board) from Restrooms Facilities Limited.

ORDINANCE NO. 13,308

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED EIGHTY- TWO THOUSAND FIVE HUNDRED EIGHTY-NINE AND NO/100 DOLLARS ($282,589.00) TO RESTROOMS FACILITIES LIMITED, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE PURCHASE OF PREFABRICATED BUILDINGS FOR THE JENKINS PARK AND THE WAYNE GRAY SPORTS COMPLEX; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. o. Consider an ordinance authorizing the purchase of Diamond Mowing Equipment from Brookside Equipment Sales, Inc., through the Texas Local Government Purchasing Cooperative (Buyboard).

ORDINANCE NO. 13,309

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED EIGHTY- TWO THOUSAND FIVE HUNDRED EIGHTY-NINE NO/100 DOLLARS ($282,589.00) TO BROOKSIDE EQUIPMENT SALES, INC., THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE PURCHASE OF DIAMOND MOWING EQUIPMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. p. Consider an ordinance authorizing the purchase of John Deere equipment from the Brookside Equipment Sales, Inc., through the Texas Local Government Purchasing Cooperative (Buyboard).

ORDINANCE NO. 13,310

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED FIFTY- THREE THOUSAND THREE HUNDRED FORTY-SEVEN AND 62/100 DOLLARS ($153,347.62) TO BROOKSIDE EQUIPMENT SALES, INC., THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING City Council Regular Meeting Minutes September 22, 2016 Page 18 of 19

COOPERATIVE (BUY BOARD), FOR THE PURCHASE OF JOHN DEERE EQUIPMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. q. Consider an ordinance awarding the Annual Janitorial Supplies contract to Great Southwest Paper.

ORDINANCE NO. 13,311

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF GREAT SOUTHWEST PAPER FOR THE ANNUAL JANITORIAL SUPPLIES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF FIFTY- FIVE THOUSAND THREE HUNDRED TWENTY-THREE AND 20/100 DOLLARS ($55,323.20); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. r. Consider an ordinance authorizing the sole source purchase of Neptune water meters, parts and supplies for meter maintenance from HD Supply Waterworks, Ltd.

ORDINANCE NO. 13,312

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF TWO HUNDRED NINETY THOUSAND AND NO/100 DOLLARS ($290,000.00) TO HD SUPPLY WATERWORKS, LTD., FOR THE PURCHASE OF NEPTUNE WATER METERS, PARTS AND SUPPLIES FOR METER MAINTENANCE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

9. MANAGER'S REPORT a. The 7th Annual Health and Safety Fair will be held on Saturday, October 01, 2016, from 10:00 A.M. to 2:00 P.M. at Goose Creek Memorial High School, 6001 E. Wallisville Road.

Emergency Management Coordinator, Bill Vola presented that agenda item and stated that the 2016 Baytown/Chambers LEPC County Health and Safety Fair will take place on Saturday, October 01, 2016, at Goose Creek Memorial High School from 10:00 A.M. - 2:00 P.M. Mr. Vola noted that the purpose of this free family event is to provide our residents with an opportunity to meet and interact with our community providers for health and safety resources.

City Manager Davis presented appreciation to staff, Centerpoint Energy, Baytown Electric, and Johnson Controls for their contributions in assisting us with restoring power to the Library. He also presented recognition to Officer Jessica Dorantez and Lloyd Lively for their City Council Regular Meeting Minutes September 22, 2016 Page 19 of 19 accomplishments.

Mayor DonCarlos noted that National Night Out for Baytown is on October 04, 2016.

10. ADJOURN

A motion was made by Council Member David McCartney and seconded by Council Member Brandon Capetillo adjourning the September 22, 2016, City Council Regular Meeting. The vote was as follows:

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

Nays: None

Other: Council Member Mercedes Renteria III (Absent)

Approved

With there being no further business to discuss, Mayor DonCarlos adjourned the September 22, 2016, City Council Regular Meeting at 7:18 P.M.

______Leticia Brysch, City Clerk City of Baytown D R A F T MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN

September 22, 2016

The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, September 22, 2016, 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 Terry Sain Council Member

Stephen H. DonCarlos Mayor

Rick Davis City Manager Ignacio Ramirez City Attorney Leticia Brysch City Clerk Keith Dougherty Sergeant at Arms

Mayor DonCarlos convened the September 22, 2016, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present with the exception of Council Member Renteria who was absent.

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

1. MINUTES a. Consider approving the minutes of the Special City Council Meeting held on September 01, 2016.

A motion was made by Council Member Terry Sain and seconded by Council Member David McCartney approving the September 01, 2016, City Council Special Meeting minutes. The vote was as follows:

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

Nays: None

Other: Council Member Mercedes Renteria III (Absent) City Council Regular Meeting Minutes September 22, 2016 Page 2 of 19

Approved

2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Ms. Lori Stone requested to appear before Council regarding her experience as the Animal Service Representative on the Animal Control Advisory Board.

Ms. Stone stated that she resides at 8207 Beechhaven Lane, Baytown, Texas and has been involved with animal rescue for over 15 years, but is now retiring and will no longer serve on the Animal Control Advisory Committee where she's served since 2007. She stated that she believes that an animal welfare representative should be actively involved in the community and noted that she's witnessed many improvements to the animal services, but that more officers are needed before the other recommendations can be implemented.

Mayor DonCarlos presented Ms. Stone with a plaque of appreciation for her services. b. Chief Dougherty presented the Baytown Police Department's Life Saving Award for service on August 21, 2016.

Police Chief, Keith Dougherty presented to Officer K. Zinter, Officer M. Pigg, Officer C. Obenland, Officer J. Nguyen and Officer J. Barrera the Baytown Police Department's Life Saving Award for service on August 21, 2016, at the scene of a major accident with an entrapped citizen. c. Recognize City of Baytown Employees for their Years of Service.

Director of Human Resources, Carol Flynt presented the agenda item and recognized City of Baytown Employees for their years of service.

5 Years William "Scott" Tomlin, Fire Dept., Paramedic Daniel Calhoun, Fire Dept., Firefighter Clayton Breeding, Police Dept., Officer

10 Years Blake Nichols, Fire Dept., Equipment Operator d. The 11th Annual Grito Fest is scheduled for Saturday, October 01, 2016, at Bicentennial Park.

Director of Parks and Recreation, Scott Johnson presented the agenda item and stated that the 11th Annual Grito Fest is scheduled for Saturday, October 01, 2016, at Bicentennial Park to begin at 4:30 P.M. City Council Regular Meeting Minutes September 22, 2016 Page 3 of 19

Mr. Jacob Schaffer presented this year's lineup and stated that the lineup include performances from Mariachi Los Gallitos, H.O.L.A Ballet Folklorico, The Hometown Boys, and A. B. Quintanilla and the Elektro Kumbia Kings. Mr. Schaffer noted that the H.O.L.A Ballet Folklorico will perform traditional dances between acts.

3. ANNEXATION OF APPROXIMATELY 230.36 ACRES OF LAND a. Consider an ordinance authorizing one or more Development Agreements with owners of property within the 230.36 acres of land to be annexed.

Senior Planner Manager, Nathan Dietrich presented the agenda item and stated that Ordinance No. 13,288 authorizes two (2) development agreements with owners of property within the 230.36 acres of land to be annexed. He stated that approximately 94 acres of development would be removed with these agreements leaving 136 acres of land to be annexed within the city. He further noted that the development agreements provides that the property subject to the agreement will retain its extraterritorial status for up to seven (7) years or until any type of subdivision plat or related development document is filed or the property loses its agricultural, wildlife management or timber use exemption, whichever occurs first. Additionally, he stated that the City offered the development agreements and required the same to be signed before this meeting or else the property would be subject to annexation.

A motion was made by Mayor Pro Tem Robert C. Hoskins and seconded by Council Member David McCartney approving Ordinance No. 13,288. The vote was as follows:

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

Nays: None

Other: Council Member Mercedes Renteria III (Absent)

Approved

ORDINANCE NO. 13,288

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 DEVELOPMENT AGREEMENTS WITH THE OWNERS OF CERTAIN PROPERTIES WITHIN THE PROPOSED 230.36-ACRE ANNEXATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes September 22, 2016 Page 4 of 19 b. Consider an ordinance for the second and final reading of the proposed involuntary annexation of approximately 230.36 acres, situated in the J.W. Singleton Survey, Abstract No. 709, D. McFadden Survey, Abstract No. 591 and C. Smith Survey, Abstract No. 69 for multiple parcels and rights-of-way, located approximately 130 feet east of N. Main Street, including Blue Heron Parkway right-of-way to Crosby Cedar Bayou Road and portions of Barkuloo Road right-of-way, Harris County, Texas.

Mr. Dietrich presented the agenda item and stated that Ordinance No. 13,273 is the second and final reading regarding the involuntary annexation previously discussed in agenda item 3.a. He stated that on June 09, 2016, City Council approved a resolution directing staff to create a service plan for the proposed area to be annexed and this second reading completes the annexation proceedings.

A motion was made by Mayor Pro Tem Robert C. Hoskins and seconded by Council Member David McCartney approving Ordinance No. 13,273 regarding the second and final reading of the involuntary annexation of approximately 230.36 acres of land near N. Main including Blue Heron Parkway. The vote was as follows:

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

Nays: None

Other: Council Member Mercedes Renteria III (Absent)

Approved

ORDINANCE NO. 13,273

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 230.36 ACRES, SITUATED IN THE J.W. SINGLETON SURVEY, ABSTRACT NO. 709, D. MCFADDEN SURVEY, ABSTRACT NO. 591 AND C. SMITH SURVEY, ABSTRACT NO. 69 FOR MULTIPLE PARCELS AND RIGHTS - OF -WAY, LOCATED APPROXIMATELY 130 FEET EAST OF N. MAIN STREET, INCLUDING BLUE HERON PARKWAY RIGHT -OF -WAY TO CROSBY CEDAR BAYOU ROAD AND PORTIONS OF BARKULOO ROAD RIGHT - OF -WAY, HARRIS COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. City Council Regular Meeting Minutes September 22, 2016 Page 5 of 19 c. Consider an ordinance placing the newly annexed properties generally described as approximately 230.36 acres of land, situated in the J.W. Singleton Survey, Abstract No. 709, D. McFadden Survey, Abstract No. 591 and C. Smith Survey, Abstract No. 69 consisting of multiple parcels and rights-of-way, located approximately 130 feet east of N. Main Street, including Blue Heron Parkway right-of-way to Crosby Cedar Bayou Road and portions of Barkuloo Road right-of-way, into Council Districts 4 and 5.

A motion was made by Council Member Terry Sain and seconded by Mayor Pro Tem Robert C. Hoskins approving Ordinance No. 13,289. The vote was as follows:

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

Nays: None

Other: Council Member Mercedes Renteria III (Absent)

Approved

ORDINANCE NO. 13,289

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING APPROXIMATELY 230.36-ACRES OF LAND, SITUATED IN THE J.W. SINGLETON SURVEY, ABSTRACT NO. 709, D. MCFADDEN SURVEY, ABSTRACT NO. 591 AND C. SMITH SURVEY, ABSTRACT NO. 69 CONSISTING OF MULTIPLE PARCELS AND RIGHTS-OF-WAY, LOCATED APPROXIMATELY 130 FEET EAST OF N. MAIN STREET, INCLUDING BLUE HERON PARKWAY RIGHT-OF-WAY TO CROSBY CEDAR BAYOU ROAD AND PORTIONS OF BARKULOO ROAD RIGHT- OF-WAY, SAVE AND EXCEPT THOSE PROPERTIES SUBJECT TO DEVELOPMENT AGREEMENTS, INTO COUNCIL DISTRICTS 4 AND 5; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.

4. ANNEXATION AND REZONING OF APPROXIMATELY 2.034 ACRES OF LAND a. Consider an ordinance for the second and final reading of the proposed voluntary annexation of approximately 2.034 acres of land, located along the current City limits about 300 feet west of the intersection of Archer and Garth Roads, part of and out of Lots 8 and 9, Block 22, Highland Farms, Harris County, Texas.

Mr. Dietrich presented the agenda item and stated that the purpose of the annexation is to obtain utilities for future commercial development. He stated that the proceeding rezoning this City Council Regular Meeting Minutes September 22, 2016 Page 6 of 19 property is being processed concurrently with this application. Additionally, Mr. Dietrich stated that on July 14, 2016, the City Council approved a resolution granting the petition and directed staff to create a service plan for the proposed area to be annexed.

A motion was made by Council Member David McCartney and seconded by Mayor Pro Tem Robert C. Hoskins approving Ordinance No. 13,258 regarding the second and final reading of a voluntary annexation of approximately 2.035 acres of land near Archer and Garth Roads. The vote was as follows:

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

Nays: None

Other: Council Member Mercedes Renteria III (Absent)

Approved

ORDINANCE NO. 13,258

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 2. 034 ACRES OF LAND, LOCATED ALONG THE CURRENT CITY LIMITS ON THE SOUTH SIDE OF ARCHER ROAD AND THE WEST SIDE OF GARTH ROAD, PART OF AND OUT OF LOTS 8 AND 9, BLOCK 22, HIGHLAND FARMS, HARRIS COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. b. Consider an ordinance placing the newly annexed property generally described as approximately 2.034 acres of land, located along the current City limits about 300 feet west of the intersection of Archer and Garth Roads, part of and out of Lots 8 and 9, Block 22, Highland Farms, Harris County, Texas, into Council District No. 3.

A motion was made by Council Member Brandon Capetillo and seconded by Mayor Pro Tem Robert C. Hoskins approving Ordinance No. 13,290. The vote was as follows:

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

Nays: None City Council Regular Meeting Minutes September 22, 2016 Page 7 of 19

Other: Council Member Mercedes Renteria III (Absent)

Approved

ORDINANCE NO. 13,290

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING APPROXIMATELY 2.034 ACRES OF LAND, LOCATED ALONG THE CURRENT CITY LIMITS ABOUT 300 FEET WEST OF THE INTERSECTION OF ARCHER AND GARTH ROADS, PART OF AND OUT OF LOTS 8 AND 9, BLOCK 22, HIGHLAND FARMS, HARRIS COUNTY, TEXAS, INTO COUNCIL DISTRICT NO. 3; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. c. Conduct a public hearing concerning a proposed amendment to the official zoning map to rezone approximately 2.034 acres of land, located along the City limits on the south side of Archer Road and the west side of Garth Road, part of and out of Lots 8 and 9, Block 22, Highland Farms, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District.

At 7:00 P.M., Mayor DonCarlos opened and conducted a public hearing concerning a proposed amendment to the official zoning map to rezone approximately 2.034 acres of land, located along the City limits on the south side of Archer Road and the west side of Garth Road, part of and out of Lots 8 and 9, Block 22, Highland Farms, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District.

Mr. Dietrich stated that currently, the subject property is vacant and the applicant is proposing future commercial development. Additionally, he stated that this rezoning is consistent with the Future Land Use Plan and on August 16, 2016, the Planning and Zoning Commission voted to recommend approval of the zoning map amendment.

With there being no one registered to speak regarding agenda item 4.c., Mayor DonCarlos closed the public hearing at 7:00 P.M. d. Consider an ordinance concerning a proposed amendment to the official zoning map for approximately 2.034 acres of land, located along the City limits on the south side of Archer Road and the west side of Garth Road, part of and out of Lots 8 and 9, Block 22, Highland Farms, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District.

A motion was made by Council Member Brandon Capetillo and seconded by Council Member Chris Presley approving Ordinance No. 13,291. The vote was as follows: City Council Regular Meeting Minutes September 22, 2016 Page 8 of 19

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

Nays: None

Other: Council Member Mercedes Renteria III (Absent)

Approved

ORDINANCE NO. 13,291

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO REZONE 2.034 ACRES OF LAND, LOCATED ALONG THE CITY LIMITS ON THE SOUTH SIDE OF ARCHER ROAD AND THE WEST SIDE OF GARTH ROAD, PART OF AND OUT OF LOTS 8 AND 9, BLOCK 22, HIGHLAND FARMS, HARRIS COUNTY, TEXAS, FROM AN OPEN SPACE/RECREATION (OR) ZONING DISTRICT TO A GENERAL COMMERCIAL (GC) ZONING 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.

5. ANNEXATION AND REZONING OF APPROXIMATELY 7.45 ACRES OF LAND a. Consider an ordinance for the second and final reading of the proposed voluntary annexation of approximately 7.45 acres of land, located at 5523 Garth Road which is a portion of the tract that is currently not in the City limits and legally described as part of and out of Lots 7, 9 and 10, Block 22, Highland Farms, Harris County, Texas.

Mr. Dietrich presented the agenda item and stated that the purpose of this annexation is to obtain utilities for future commercial development and an application to zone this property is being processed concurrently with this application. Additionally, he stated that the City Council approved a resolution granting the petition and directed staff to create a service plan for the proposed area to be annexed.

A motion was made by Council Member Brandon Capetillo and seconded by Mayor Pro Tem Robert C. Hoskins approving Ordinance No. 13,259 regarding the second and final reading of the voluntary annexation of approximately 7.45 acres of land at 5523 Garth Road. The vote was as follows: City Council Regular Meeting Minutes September 22, 2016 Page 9 of 19

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

Nays: None

Other: Council Member Mercedes Renteria III (Absent)

Approved

ORDINANCE NO. 13,259

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 7. 45 ACRES OF LAND, LOCATED AT 5523 GARTH ROAD, WHICH INCLUDES A PORTION OF THE TRACT THAT IS CURRENTLY NOT IN THE CITY LIMITS AND LEGALLY DESCRIBED AS PART OF AND OUT OF LOTS 7, 9 AND 10, BLOCK 22, HIGHLAND FARMS, HARRIS COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. b. Consider an ordinance placing the newly annexed property generally described as approximately 7.45 acres of land, located at 5523 Garth Road, and legally described as part of and out of Lots 7, 9 and 10, Block 22, Highland Farms, Harris County, Texas, into Council District No. 3.

A motion was made by Council Member Brandon Capetillo and seconded by Council Member Chris Presley approving Ordinance No. 13,292. The vote was as follows:

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

Nays: None

Other: Council Member Mercedes Renteria III (Absent)

Approved ORDINANCE NO. 13,292

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING APPROXIMATELY 7.45 ACRES OF LAND, LOCATED AT 5523 GARTH ROAD, AND LEGALLY DESCRIBED AS PART OF AND OUT OF LOTS 7, 9 AND 10, BLOCK 22, HIGHLAND FARMS, HARRIS City Council Regular Meeting Minutes September 22, 2016 Page 10 of 19

COUNTY, TEXAS, INTO COUNCIL DISTRICT NO. 3; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. c. Conduct a public hearing concerning a proposed amendment to the official zoning map to rezone approximately 7.45 acres of land, located at 5523 Garth Road, legally described as part of and out of Lots 7, 9 and 10, Block 22, Highland Farms, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District.

At 7:02 P.M., Mayor DonCarlos opened and conducted a public hearing concerning a proposed amendment to the official zoning map to rezone approximately 7.45 acres of land, located at 5523 Garth Road, legally described as part of and out of Lots 7, 9 and 10, Block 22, Highland Farms, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District.

Mayor DonCarlos stated that the purpose of this public hearing was obviously clear with regards to the zoning change.

With there being no one registered to speak regarding agenda item 5.c., Mayor DonCarlos closed the public hearing at 7:03 P.M. d. Consider an ordinance concerning a proposed amendment to the official zoning map for approximately 7.45 acres of land, located at 5523 Garth Road, legally described as part of and out of Lots 7, 9 and 10, Block 22, Highland Farms, Harris County, Texas, from an Open Space/Recreation (OR) Zoning District to a General Commercial (GC) Zoning District.

A motion was made by Council Member Brandon Capetillo and seconded by Council Member Chris Presley approving Ordinance No. 13,293. The vote was as follows:

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

Nays: None

Other: Council Member Mercedes Renteria III (Absent)

Approved

ORDINANCE NO. 13,293

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF City Council Regular Meeting Minutes September 22, 2016 Page 11 of 19

BAYTOWN TO REZONE 7.45 ACRES OF LAND, LOCATED AT 5523 GARTH ROAD, LEGALLY DESCRIBED AS PART OF AND OUT OF LOTS 7, 9 AND 10, BLOCK 22, HIGHLAND FARMS, HARRIS COUNTY, TEXAS, FROM AN OPEN SPACE/RECREATION (OR) ZONING DISTRICT TO A GENERAL COMMERCIAL (GC) ZONING 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.

6. BAYTOWN REVITALIZATION INCENTIVE ZONE

Mayor DonCarlos stated that agenda items 6.a. and 6.b. would be considered together as agenda item 6.a. renews the zone and agenda item 6.b. adopts the Incentive Policy for the zone. a. Consider a resolution creating the Baytown Revitalization Incentive Zone, a neighborhood empowerment zone within a portion of the City of Baytown. b. Consider an ordinance adopting the Incentive Policy for the Baytown Revitalization Incentive Zone to exercise certain municipal powers in such neighborhood empowerment zone.

Community Development Block Grant Program Manager, June Tyler presented the agenda item and stated that Resolution No. 2439 creates the Baytown Revitalization Incentive Zone (RIZ), a neighborhood empowerment zone (the "Zone"), within a portion of the City of Baytown. She stated that there are two (2) separate programs of the RIZ: Program 1- The Basic Incentive and Program 2 - Tax Refund. She stated that Program 1 waives certain permit and impact fees and Program 2 refunds the City's ad valorem incremental tax increase and is based on a five (5) year schedule. Mrs. Tyler further stated that since the adoption of the guidelines in the year 2014, the following changes proposed include adding approximately 370 parcels to the zone, providing a definition of property ownership, and updating the fees enumerated in Section 3 due to the change in the fee schedule.

A motion was made by Council Member David McCartney and seconded by Mayor Pro Tem Robert C. Hoskins approving Resolution No. 2439 and Ordinance No. 13,294. The vote was as follows:

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

Nays: None

Other: Council Member Mercedes Renteria III (Absent)

Approved City Council Regular Meeting Minutes September 22, 2016 Page 12 of 19

RESOLUTION NO. 2439

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CREATING THE BAYTOWN REVITALIZATION INCENTIVE ZONE, A NEIGHBORHOOD EMPOWERMENT ZONE WITHIN A PORTION OF THE CITY OF BAYTOWN; MAKING APPROPRIATE FINDINGS RELATED THERETO; EXERCISING MUNICIPAL POWERS TO ESTABLISH INCENTIVES WITHIN THE ZONE; ESTABLISHING THE EFFECTIVE AND EXPIRATION DATES OF THE ZONE AND A MECHANISM FOR RENEWAL OF THE ZONE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

ORDINANCE NO. 13,294

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING THE INCENTIVE POLICY FOR THE BAYTOWN REVITALIZATION INCENTIVE ZONE TO EXERCISE CERTAIN MUNICIPAL POWERS IN SUCH NEIGHBORHOOD EMPOWERMENT ZONE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

7. REPORTS a. Receive the effective and rollback tax rate calculation for the 2016 tax year (Fiscal Year 2017).

Finance Director, Wade Nickerson presented the agenda item and stated that the effective tax rate and the rollback rates were calculated at $0.84737 and $0.82483 per $100 valuation, respectively. Additionally, he stated that these rates are both above the current rate and no special public hearings will be held on the rates.

8. CONSENT

A motion was made by Council Member Chris Presley and seconded by Council Member David McCartney approving consent agenda items 8.a. through 8.r. The vote was as follows:

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

Nays: None

Other: Council Member Mercedes Renteria III (Absent)

Approved City Council Regular Meeting Minutes September 22, 2016 Page 13 of 19 a. Consider an ordinance authorizing the closeout, acceptance and release of retainage of the CDBG Non-Housing Building and Hardening and Structural Improvements Project.

ORDINANCE NO. 13,295

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE RETAINAGE OF THE CDBG NON-HOUSING BUILDING AND HARDENING AND STRUCTURAL IMPROVEMENTS PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF FIFTY THOUSAND SEVEN HUNDRED SIXTY-ONE AND 48/100 DOLLARS ($50,761.48) TO JC STONEWALL CONSTRUCTORS, LP, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the closeout, acceptance and release of retainage for the Kilgore Pipebursting Project with PM Construction & Rehab, LLC.

ORDINANCE NO. 13,296

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE RETAINAGE OF THE KILGORE PIPEBURSTING PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF EIGHTY-SIX THOUSAND FIVE HUNDRED EIGHTY-SEVEN AND 74/100 DOLLARS ($86,587.74) TO PM CONSTRUCTION & REHAB, LLC, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance authorizing the closeout and acceptance of the 2015 Mill & Overlay Project.

ORDINANCE NO. 13,297 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE 2015 MILL & OVERLAY PROJECT – YEAR 1; AUTHORIZING FINAL PAYMENT OF THE SUM OF SIXTY-FIVE THOUSAND SEVEN HUNDRED NINETY-THREE AND 92/100 DOLLARS ($65,793.92) TO ANGEL BROTHERS ENTERPRISES, LTD, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance renewing the 2016 Annual Sanitary Sewer Rehabilitation Project with Texas Pride Utilities, LLC for an additional year.

ORDINANCE NO. 13,298

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE 2016 ANNUAL SANITARY SEWER REHABILITATION PROJECT FOR YEAR 2 WITH TEXAS PRIDE City Council Regular Meeting Minutes September 22, 2016 Page 14 of 19

UTILITIES, LLC, FOR 2016; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN FOR SUCH RENEWAL IN AN AMOUNT NOT TO EXCEED ONE MILLION AND NO/100 DOLLARS ($1,000,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the closeout, acceptance, and final payment for the 2015 Annual Waterline Rehabilitation Project -- Year 2, with SKE Construction, LLC.

ORDINANCE NO. 13,299

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE 2015 ANNUAL WATERLINE REHABILITATION PROJECT – YEAR 2; AUTHORIZING FINAL PAYMENT OF THE SUM OF THIRTY-FIVE THOUSAND FOUR HUNDRED FIFTY-ONE AND 90/100 DOLLARS ($35,451.90) TO SKE CONSTRUCTION, LLC, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance for the final renewal of the 2015 Annual Waterline Rehabilitation Project with SKE Construction, LLC, and authorizing Change Order No. 1.

ORDINANCE NO. 13,300

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE 2015 ANNUAL WATERLINE REHABILITATION CONTRACT FOR YEAR 3 WITH SKE CONSTRUCTION, LLC, FOR 2016; AUTHORIZING CHANGE ORDER NO. 1 FOR SUCH PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN FOR SUCH RENEWAL IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($750,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing the Professional Service Agreement with SKA Consulting, L.P., for the Public Works Fuel Tanks Project.

ORDINANCE NO. 13,301

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH SKA CONSULTING L.P., FOR THE PUBLIC WORKS FUEL TANKS PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SEVENTY-NINE THOUSAND SIX HUNDRED FORTY-ONE AND NO/100 DOLLARS ($79,641.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes September 22, 2016 Page 15 of 19 h. Consider an ordinance authorizing the approval to convert North Civic Drive to a one-way street and installing the appropriate signage.

ORDINANCE NO. 13,302

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE IV "SPECIFIC STREET REGULATIONS," SECTION 94-121 "SCHEDULES ENUMERATED," SCHEDULE I "DESIGNATION – ONE WAY STREETS" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO CONVERT NORTH CIVIC DRIVE TO A ONE-WAY DRIVE; AUTHORIZING THE POSTING OF PROPER SIGNS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO/100 DOLLARS ($200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. i. Consider an ordinance authorizing the First Amendment to the Chapter 380 Economic Development Agreement with The Kroger Co., to extend the date to obtain the certificate of occupancy for the new retail grocery store.

ORDINANCE NO. 13,303

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE FIRST AMENDMENT TO THE CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT WITH THE KROGER CO.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing an Interlocal Agreement with Lee College District for City employees' use of Wellness Center and Swimming Pool.

ORDINANCE NO. 13,304

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH LEE COLLEGE DISTRICT FOR CITY EMPLOYEES' USE OF THE WELLNESS CENTER AND SWIMMING POOL; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider an ordinance approving a contract with the Bay Area Rehabilitation Center for park cleaning, janitorial services and litter removal. City Council Regular Meeting Minutes September 22, 2016 Page 16 of 19

ORDINANCE NO. 13,305

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH BAY AREA REHABILITATION CENTER FOR PARK CLEANING AND LITTER REMOVAL; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED NINETY-FIVE THOUSAND ONE HUNDRED SEVENTY-SIX AND 45/100 DOLLARS ($95,176.45); MAKING OTHER PROVISIONS RELATED THERETO AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. l. Consider an ordinance establishing speed limits and hours of enforcement in school zones for all of Goose Creek Consolidated Independent School District's elementary schools within the City of Baytown.

ORDINANCE NO. 13,306

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. m. Consider an ordinance awarding a contract to Kraftsman L.P., through the Texas Local Government Purchasing Cooperative (Buy Board), for demolition and construction of concrete work for the new Aqua Loop and Aqua Drop slides and tower at Pirates Bay.

ORDINANCE NO. 13,307

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FOUR HUNDRED THIRTY- ONE THOUSAND THREE HUNDRED FORTY-TWO AND NO/100 DOLLARS ($431,342.00) TO KRAFTSMAN L.P., THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR CONCRETE WORK FOR THE NEW AQUA LOOP AND AQUA DROP SLIDES AND TOWER AT PIRATES BAY; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes September 22, 2016 Page 17 of 19

n. Consider an ordinance authorizing the purchase of prefabricated restroom buildings for Jenkins Park and the Wayne Gray Sports Complex through the Texas Local Government Purchasing Cooperative (Buy Board) from Restrooms Facilities Limited.

ORDINANCE NO. 13,308

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED EIGHTY- TWO THOUSAND FIVE HUNDRED EIGHTY-NINE AND NO/100 DOLLARS ($282,589.00) TO RESTROOMS FACILITIES LIMITED, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE PURCHASE OF PREFABRICATED BUILDINGS FOR THE JENKINS PARK AND THE WAYNE GRAY SPORTS COMPLEX; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. o. Consider an ordinance authorizing the purchase of Diamond Mowing Equipment from Brookside Equipment Sales, Inc., through the Texas Local Government Purchasing Cooperative (Buyboard).

ORDINANCE NO. 13,309

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED EIGHTY- TWO THOUSAND FIVE HUNDRED EIGHTY-NINE NO/100 DOLLARS ($282,589.00) TO BROOKSIDE EQUIPMENT SALES, INC., THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE PURCHASE OF DIAMOND MOWING EQUIPMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. p. Consider an ordinance authorizing the purchase of John Deere equipment from the Brookside Equipment Sales, Inc., through the Texas Local Government Purchasing Cooperative (Buyboard).

ORDINANCE NO. 13,310

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED FIFTY- THREE THOUSAND THREE HUNDRED FORTY-SEVEN AND 62/100 DOLLARS ($153,347.62) TO BROOKSIDE EQUIPMENT SALES, INC., THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING City Council Regular Meeting Minutes September 22, 2016 Page 18 of 19

COOPERATIVE (BUY BOARD), FOR THE PURCHASE OF JOHN DEERE EQUIPMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. q. Consider an ordinance awarding the Annual Janitorial Supplies contract to Great Southwest Paper.

ORDINANCE NO. 13,311

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF GREAT SOUTHWEST PAPER FOR THE ANNUAL JANITORIAL SUPPLIES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF FIFTY- FIVE THOUSAND THREE HUNDRED TWENTY-THREE AND 20/100 DOLLARS ($55,323.20); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. r. Consider an ordinance authorizing the sole source purchase of Neptune water meters, parts and supplies for meter maintenance from HD Supply Waterworks, Ltd.

ORDINANCE NO. 13,312

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF TWO HUNDRED NINETY THOUSAND AND NO/100 DOLLARS ($290,000.00) TO HD SUPPLY WATERWORKS, LTD., FOR THE PURCHASE OF NEPTUNE WATER METERS, PARTS AND SUPPLIES FOR METER MAINTENANCE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

9. MANAGER'S REPORT a. The 7th Annual Health and Safety Fair will be held on Saturday, October 01, 2016, from 10:00 A.M. to 2:00 P.M. at Goose Creek Memorial High School, 6001 E. Wallisville Road.

Emergency Management Coordinator, Bill Vola presented that agenda item and stated that the 2016 Baytown/Chambers LEPC County Health and Safety Fair will take place on Saturday, October 01, 2016, at Goose Creek Memorial High School from 10:00 A.M. - 2:00 P.M. Mr. Vola noted that the purpose of this free family event is to provide our residents with an opportunity to meet and interact with our community providers for health and safety resources.

City Manager Davis presented appreciation to staff, Centerpoint Energy, Baytown Electric, and Johnson Controls for their contributions in assisting us with restoring power to the Library. He also presented recognition to Officer Jessica Dorantez and Lloyd Lively for their City Council Regular Meeting Minutes September 22, 2016 Page 19 of 19 accomplishments.

Mayor DonCarlos noted that National Night Out for Baytown is on October 04, 2016.

10. ADJOURN

A motion was made by Council Member David McCartney and seconded by Council Member Brandon Capetillo adjourning the September 22, 2016, City Council Regular Meeting. The vote was as follows:

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

Nays: None

Other: Council Member Mercedes Renteria III (Absent)

Approved

With there being no further business to discuss, Mayor DonCarlos adjourned the September 22, 2016, City Council Regular Meeting at 7:18 P.M.

______Leticia Brysch, City Clerk City of Baytown

BAYTOWN CITY COUNCIL MEETING 2. a. Meeting Date: 10/13/2016 Subject: Recognize Robert E. Lee High School for its continued advancements in the field of education. Prepared for: Rick Davis, City Management Prepared by: Rachel Philo, Administration Department: Administration

Information ITEM Recognize Robert E. Lee High School for its continued advancements in the field of education.

PREFACE Founded in 1928, Robert E. Lee High school has been recognized as a Texas State Historical Landmark, and through its long history has continued to make advancements in education to meet the ever evolving needs of their students. In addition to receiving the STAAR Distinction from the Texas Education Agency for the past 3 years, Robert E. Lee High School has also been awarded the Apple Distinction, which only 1 out of 600 schools worldwide achieve, and been named a Distinguished STEM Academy, which only 1 out of 121 schools in Texas receive. These incredible achievements illustrate Robert E. Lee High School's commitment to excellence and leadership within the Goose Creek Consolidated Independent School District.

RECOMMENDATION

BAYTOWN CITY COUNCIL MEETING 2. b. Meeting Date: 10/13/2016 Subject: Present a Proclamation designating October as Domestic Violence Awareness Month in Baytown. Prepared for: Rick Davis, City Management Prepared by: Rachel Philo, Administration Department: Administration

Information ITEM Present a proclamation designating October as Domestic Violence Awareness Month in Baytown.

PREFACE Domestic Violence Awareness Month (DVAM) evolved from the "Day of Unity" held in October 1981, and conceived by the National Coalition Against Domestic Violence. The intent was to connect advocates across the nation who were working to end violence against women and children. The Day of Unity soon became an entire week devoted to a range of activities conducted at the local, state, and national level. The activities conducted were as varied and diverse as the program sponsors, but they all had common themes: Mourning those who died because of domestic violence Celebrating those who survived Connecting those who work to end violence These three themes remain a key focus of DVAM events today. In October 1987, the first Domestic Violence Awareness Month was observed. That same year marks the initiation of the first national domestic violence toll-free hotline. In 1989, the U.S. Congress passed legislation designating October of that year as National Domestic Violence Awareness Month and that designation has been continued each year since.

RECOMMENDATION

BAYTOWN CITY COUNCIL MEETING 2. c. Meeting Date: 10/13/2016 Subject: Present a Proclamation designating October as National Community Planning Month in Baytown. Prepared for: Tiffany Foster, Planning and Development Services Prepared by: Nathan Dietrich, Planning and Development Services Department: Planning and Development Services

Information ITEM Present a proclamation designating October as National Community Planning Month in Baytown.

PREFACE National Community Planning Month provides the City with an opportunity to highlight the contributions of sound planning and plan implementation; and to publicly recognize the participation and dedication of the Planning and Zoning Commission and Board of Adjustment, as well as other citizen planners, who have contributed their time and expertise to the improvement of the City of Baytown.

RECOMMENDATION

BAYTOWN CITY COUNCIL MEETING 3. a. Meeting Date: 10/13/2016 Subject: Consider Adoption of Tax Rate Prepared for: Wade Nickerson, Finance Prepared by: Erica Barksdale, Finance Department: Finance

Information ITEM Consider an ordinance adopting the tax rate for General Fund Maintenance and Operations at $0.47006 per $100 valuation and adopting the tax rate for Debt Service at $0.35197 per $100 valuation for the fiscal year ending September 30, 2017.

PREFACE This proposed ordinance adopts the tax rate for the fiscal year ending September 30, 2017. The City's tax rate consists of the following two components, each of which must be approved separately: 1. the rate that, if applied to the total taxable value, will impose the amount of taxes needed to fund maintenance and operation expenditures of the City for the next year; and 2. the rate that, if applied to the total taxable value, will impose the amount of taxes needed to pay debt service. This proposed ordinance adopts the tax rate for General Fund Maintenance and Operations at $0.47006 per $100 valuation for the fiscal year ending September 30, 2017; and adopting the tax rate for Debt Service at $0.35197 per $100 valuation for the fiscal year ending September 30, 2017; for a total of $0.82203 per $100 valuation. The rate of $0.82203 per $100 valuation for FY2017. This is the same rate as it has been since FY2012.

RECOMMENDATION Staff recommends approval.

Attachments Ordinance - Fix Tax Rate 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, 2017, 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.

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WHEREAS, the City’s tax rate consists of the following two components:

1. the rate that, if applied to the total taxable value, will impose the amount of taxes needed to pay debt service; and

2. the rate that, if applied to the total taxable value, will impose the amount of taxes needed to fund maintenance and operation expenditures of the City for the next year; and

WHEREAS, the proposed tax rate of $0.47006 per $100 valuation for maintenance and operations together with the proposed tax rate of $0.35197 per $100 valuation for debt service does not exceed the effective tax rate; and

WHEREAS, the City, in accordance with Chapter 26 of the Texas Tax Code, desires to adopt the tax rate for maintenance and operations and the tax rate for debt service for the fiscal year ending September 30, 2017; NOW THEREFORE,

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

Section 1: That the facts and matters set forth in the recitals of this Ordinance are hereby found to be true and correct and are adopted by the City Council.

Section 2: That the City Council of the City of Baytown hereby adopts and sets for the fiscal year ending September 30, 2017, an ad valorem tax rate of $ 0.47006 for each ONE HUNDRED AND NO/100 DOLLARS ($100.00) of assessed value of property located within the city limits of the City of Baytown on January 1, 2016, made taxable by law, which said taxes, when collected, shall be apportioned among funds and departments of City Government of the City of Baytown for the purpose of General Fund Maintenance and Operation.

Section 3: That the ad valorem tax rate of $ 0.47006, as set forth in Section 2, is hereby levied and shall be assessed and collected on one hundred percent (100%) of each ONE HUNDRED AND NO/100 DOLLARS ($100.00) worth of property located within the city limits of the City of Baytown on January 1, 2016, as valued by the Harris County Appraisal District or the Chambers County Appraisal District and made taxable by law.

Section 4: That the City Council of the City of Baytown hereby adopts and sets for the fiscal year ending September 30, 2017, an ad valorem tax rate of $ 0.35197 for each ONE HUNDRED AND NO/100 DOLLARS ($100.00) of assessed value of property located within the city limits of the City of Baytown on January 1, 2016, made taxable by law, which said taxes, when collected, shall be apportioned among funds and departments of City Government of the City of Baytown for the purpose of Debt Service.

Section 5: That the ad valorem tax rate of $ 0.35197, as set forth in Section 4, is hereby levied and shall be assessed and collected on one hundred percent (100%) of each ONE HUNDRED AND NO/100 DOLLARS ($100.00) worth of property located within the city limits of the City of Baytown on January 1, 2016, as valued by the Harris County Appraisal District or the Chambers County Appraisal District and made taxable by law.

Section 6: That the Tax Assessor and Collector of the City of Baytown is hereby directed to assess, extend and enter upon the Tax Rolls of the City of Baytown, Texas, for the current year the amounts and rates herein levied, and to keep a current account of same. All collection of such taxes, as well as collection of taxes owed for prior years, to include penalty and interest thereof, shall be deposited in the official depository of the City of Baytown to be distributed between the General Fund and the Debt Service on a basis determined by the percentage that each bear to the total tax rate.

Section 7: 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 8: 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 9: 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 13th day of October, 2016.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

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BAYTOWN CITY COUNCIL MEETING 3. b. Meeting Date: 10/13/2016 Subject: Consider Approving the City of Baytown's 2016-17 Tourism Partnership Grant Program Allocations. Prepared for: Rick Davis, City Management Prepared by: Rachel Philo, Administration Department: Administration

Information ITEM Consider an ordinance establishing the City of Baytown's 2016-17 Tourism Partnership Grant Program allocations and approving the standard forms of agreement.

PREFACE This proposed ordinance establishes the City of Baytown's 2016-17 Tourism Partnership Grant Program allocations and approves the standard forms of agreement.

In 2012, Council adopted a procedure for allocating funds for the City's Tourism Partnership Grant Program. This process requires organizations seeking Hotel Occupancy Tax (HOT) funds to submit an application that describes their event and how HOT funds supporting the event will comply with state law. Applications for FY 2016-17 were received in September 2016. In the City's FY 2016-17 budget, a Hotel/Motel Fund budget is allocated for the Tourism Partnership Grant Program. Staff recommendations to Council on which organizations should be funded, and at what levels they should be funded, are based on the criteria set forth by Council and in accordance with state law, which governs how HOT revenues may be used. The monies are required to be used to bring visitors to Baytown and promote the hotel and convention industry.

Staff recommendations were based on the ability of an applicant to document the number of visitors it is bringing to town and the number of people its event is putting in hotels. Below is staff's recommendation on the allocation of funds to most effectively promote tourism in Baytown and bring visitors to our community. The attachments include each entity’s application, its requested level of funding and the amount recommended by staff.

2016-17 Funding Recommendations: Organization Event Amount Art League of Baytown Christmas on Texas Avenue, Dec 3, 2016 $ 6,000 Art League of Baytown Spring Show, March 29-April 29, 2017 $ 3,000 Baytown Historical Preservation Assoc. Historical Preservation Project, Year-round $ 13,000 Baytown Youth Fair and Rodeo Concert and Rodeo, April 21 - 22, 2017 $ 10,000 Baytown YMCA Gator Ride, Feb 18, 2017 $ 2,500 Lee College's Performing Arts Center Annual Performance Series (3 Performances) $ 10,000 Portrait of a Warrior Strategic Digital Marketing Plan, 2017 $ 5,000 Project Blue Jail Break Run, Feb 25, 2017 $ 10,000 Running Alliance Sport Bud Heat Wave, July 4, 2017 $ 1,000 Texas Nonprofit Theaters 22nd Annual TNT Youth Conference, June 2017 $ 10,000 Total Recommended Grant Allocations $70,500

The standard agreement for events requires the grant recipient to submit a post-event report which will include information such as event attendance, hotel room nights, a budget breakdown and where advertising dollars were spent within 60 days of the event. The standard form of agreement for restoration projects requires the grant recipient to submit a post-project report which will include information such as a budget breakdown and the completion date of the project.

If an organization does not turn in a post-event/post-project report, it will not be eligible for funding in next year's grant process. Additionally, if an organization does not execute its contract prior to their event or commencing work, it will be ineligible for funding.

RECOMMENDATION

Fiscal Impact Fiscal Year: 2017 Acct Code: 50320-77111 Source of Funds (Operating/Capital/Bonds): HOT Funds Budgeted Y/N: Y Amount Needed: 57500 Fiscal Impact (Additional Information):

Fiscal Year: 2017 Acct Code: 50330-77111 Source of Funds (Operating/Capital/Bonds): HOT Funds Budgeted Y/N: Y Amount Needed: 13000 Fiscal Impact (Additional Information):

Attachments HOT Grants FY 17 HOT Applications Ordinance - Tourism Grant Program Exhibit A - Event Grant Agreement Exhibit B - Project Grant Agreement HOT Grant Recommendations for FY 16-17 Funds Allocated, Funds Requested, Recommendations Organization Event / Project Event Date FY 15 - 16 FY 16-17 for FY 16-17

Art League of Baytown Christmas on Texas Avenue 12/3/16 $6,000.00 $10,000.00 $6,000.00

Art League of Baytown (NEW) Spring Show 3/29 - 4/29/17 $0.00 $3,600.00 $3,000.00

Baytown Historical Preservation Wooster School Year round $25,000.00 $13,000.00 $13,000.00 Assc.

Baytown Little Theater Summer Musical Series -- $16,000.00 $0.00 $0.00

Baytown YMCA (NEW) Gator Ride 2/18/17 $0.00 $5,000.00 $2,500.00

Baytown Youth Fair (NEW) Concert and Rodeo 4/21-4/22/17 $0.00 $15,000.00 $10,000.00

Lee College's Performing Arts 12/16 - 12/18/16 3 Performances $10,500.00 $10,000.00 $10,000.00 Center & 3/5/17

Strategic Digital Marketing Portrait of a Warrior (NEW) Year round $0.00 $6,000.00 $5,000.00 Program

Project Blue Jail Break Run 2/25/17 $12,000.00 $15,000.00 $10,000.00

Running Alliance Sport Bud Heat Wave 7/4/17 $5,000.00 $5,000.00 $1,000.00

22nd Annual TNT Youth Texas Non-Profit Theaters 6/6 - 6/11/17 $10,000.00 $10,000.00 $10,000.00 Conference $84,500.00 $92,600.00 $70,500.00

Marketing Plan For the Baytown Historic Preservation Association

1) About what was the attendance at the Living History Museum last year? A. Normally approximately 5,000, although in 2015 we had to cancel our October festival so 2015 would be around 3,000. We expect 2016 to be up. People come on their own when we are not on the premises; often when a board member is there to pick-up or drop off something, we find visitors. ** One reason we need an official office so that we can have someone on the premises more hours. We have an answering machine on our telephone system so we don’t miss anyone with inquiries (many are requests for Baytown area history).

2) About what do you expect this coming year? Same as last year? A. The same or more as we are doing more networking.

3) Did anyone stay in a hotel this past year to attend any of the lecture series or other programs? A. Unable to tell as we do not ask visitors where they stay, or if they do. We know that some out of town & out of state stay with relatives. We offer to pay for a room for our April dinner speakers (2016 speaker had family in Houston he stayed with). * We are discussing adding a listing of hotels to our website.

4) About how much do you spend on printing brochures, the website costs, etc.? A. Approx. $1,400. Gifts in Kind have helped us with this expense but of course we cannot depend on this every year. The website is $300.

Trevia Wooster Beverly Chairman, Advisory Council [email protected] 713.864.6862 Sept. 9, 2016 REPORT FOR THE BAYTOWN HISTORICAL PRESERVATION ASSOCIATION (BHPA)

Advertising.

Printed brochures on the individual structures that are now completed are handed out to all visitors in anticipation that they will share with others. We also place these out at festivals, etc. that we participate in and have them for direct mailing when and where needed.

When the restorations of the remaining buildings are ‘ready for show’ we plan to have a single brochure featuring the entire Living History Museum. Note: We are the only Living History Museum in the area. Even with unfinished historical houses we do have groups tour.

We do have an active, changing website - . http://www.baytownhistory.org/ - that features a Calendar of Events, Photo Gallery, Gift Shop, etc., as well as a Facebook page. (Please visit)

We advertise in the Houston Chronicle’s Fall events section ($$) , as well as posting to various Calendars in local newspapers, magazine, an d on the web that are free.

We have just begun a Speaker’s Bureau but Trevia W. Beverly has presented programs to several organizations.

Monthly “Saturday History” series

We are limited by available space but announce these programs in The Baytown Sun and to various other groups and individuals via email. The Barn meeting room holds about 50 people and we are almost always filled. These are FREE to the public; the cost of refreshments and handouts are absorbed by the Association. After the program the buildings (schoolhouse and homes) are also open free of charge.

Future Need

We desperately need an official office near the parking lot where our volunteers can work on projects, keep historical files and where we can greet visitors.

Trevia Wooster Beverly Chairman, Advisory Council [email protected] 713.864.6862 September 8, 2016

From: william barnett To: Anna.Yowell Subject: RE: HOT App Date: Sunday, September 11, 2016 12:06:00 AM Attachments: image001.png

Anna, That was a budget prepared by our Houston YMCA Association marketing department . It was put together right after the ride last year , in March . it is just a suggested number . Our Local ( Baytown) YMCA steering committee will be the ones who decide where our efforts and funds are to be used . Hopefully with the additional funds from The Hotel/Motel tax we can expand on our advertising and promotions . Do more state and regional advertisement and more electronic marketing . We try to keep our costs as low as possible so as to maximize our net . Sorry I was so slow to respond. I hope this gives you an idea as to why the numbers were different . Any other questions or if I need to expand on this please let me know . Also I have a new certificate of Insurance , that goes into effect Sept. 17th. If you wish me to send the new current C.O.I. I will ber glad to . Thanks for your help Billy Barnett

From: Anna.Yowell [mailto:[email protected]] Sent: Thursday, September 8, 2016 11:53 AM To: Billy Barnett Subject: HOT App

Hi Billy!

I am looking over the HOT apps and I was wondering if I could ask you to clarify something for me.

On page 9, under project promotions, you did a great job marking all of the project promotions for the Gator Ride. Thank you! However, on the attached budget it only shows $1,603 in projected promotions. Could you expound on the differences between the two pages or let me know if something was simply left off the attached budget (you can just get me an updated one by Monday)?

Thanks Billy! J

Anna Enderli Yowell

Tourism Coordinator (281) 420-5343 – Office

City of Baytown Tourism Office Baytown Tourism Partnership Grant Program

Application for Fiscal Year 2016-2017 I. Organization Information If not enough space is provided to complete your answers, please attach additional pages.

Organization Name:The Performing Arts Center at Lee College DBA (if different from above): LQG College DlstriCt Street Address or P.O. Box: P-O. BOX 818 City: Baytown state: TX Zip: "^^522-0818 Organization Phone Number: 281-427-5611 Organization Website Address: WWW.lee.edu/pac/ Incorporation/Creation Date: ^934 ^IN #: ^~74-6025566"8 Primary Contact Name: Laurle Oehler Contact Phone: 281-425-6339 Fax: 281-425-6880 Contact Email: [email protected] Secondary Contact Name: Dr. ChriSty Ponce Secondary Contact Phone: 281-425-6302 Secondary Contact Email: [email protected] Mission of the organization-mission of Lee College isto serve as a focal point for tine development of educated, gainfully employed, and socially aware residents of our community. See full version attached.

n. General Event or Program Information

Name of event/program for which this application applies, or state the purpose of the request: Promotion of the 2016-2017 season of the Performing Arts Center. City of Baytown Tourism Office Baytown Tourism Partnership Grant Program

If the event or program includes a series of events or programs, how many are to be funded underthis request? 2 Date(s) of events/programs: December 16-18, 2016; March 5. 2017 How many years has this event or program been held? been open since 2009. Expected attendance: 1,800 Name of venue: Performing Arts Center street: 805 W. Texas Avenue gtv: Baytown zio: 77521

State the primary purpose ofthe event or program for which funding is being requested? The 2016-2017 PAC season Includes two highlighted events; The Nutcracker and Sugar Plunfi Fairy Tea and the Glen Miller Orchestra.

m. Funding Request

Check the applicable categories that apply to your funding request. For an explanation of each category, please see page 3 of this application packet. Funding request should 1) not exceed the expected gross income generated by overnight stays at hotels and motels within the City of Baytown, and 2) not exceed more than 25% of the total event or program budget. I.e. Total number of overnight stays (number of rooms blocked x number of nights per room) x avg. base price of room.

Category Amount

S Advertising and promoting the City. Amount requested under this category: $5,000.00

Promotion of the Arts. Amount requested under this category: $5,000.00

• Historical restoration and preservation. Amount requested under this category: $_

• Registration of Convention Delegates. Amount requested under this category: $_

Total Amount Requested: $10,000.00 Ctty of Baytown Tourism Office Baytown Tourism Partnership Grant Program Total event program, project budget: $86,780

Specifically, how will the requested funds be used to support the event/program/project? The funds will be used to defray advertising costs for these upcoming performances in Baytown, Liberty, Anahuac, Beuamont, Dayton and Houston. (See attached.)

If your organization received HOTfunding within the past three years for this event or program, please note amount received, approximate number of attendees at the event and the number of hotel rooms utilized during the event (funding years begin on October 1): n First time event

HOT Funding Amount Total Attendance Hotel Rooms Utilized

FY 2015-2016 s 10,500 803 ^

FY 2014-2015 s22,000 3,543 91

FY 2013-2014 s22,000 4,172 59+

Please list dollar amount other organizations, including grants and sponsorships, have offered in the way of financial support for this event or program for which funding is being requested. Include this information, itemized, in the attached budget. Attach additional pages if needed. Organization Name:_Q/3 Funding Amount $0.00

If this Is not a first time event, please list total dollar amount other organizations offered in the way offinancial support for this event, program or project (excluding HOTgrant monies) for the following fiscal years. Include this information, itemized on an attached sheet. FY 2015 -2016 s 3,600.00 FY 2014-2015 s20.653.00

IV. Tourism Benefits* *lf you are applying under the single category 3 Historical Restoration and Preservation, please attach a document detailing: how the project will enhance Baytown^s historical resources, how the project will attract tourists to visit historical locations, and how the project will contribute to the local economy andsupport the tourism and hotelindustry.

What is the expected total attendance of the event or program (combined for all events or programs if there is more than one)? 1.800

What percentage ofthe attendees Is expected to stay overnight in order to attend the event or program activities? See attached

8 City of Baytown Tourism Office Baytown Tourism Partnership Grant Program

How many hotel / motel rooms are expected to be utilized In the City for the event or program (all events and programs combined}? _18

Does the event or program span two or more consecutive days? one event spans across 2 nights

Will you negotiate a special rate or hotel/event package at a local hotel/motel to attract tourists to City lodging establishments during the event or program? .yes

Please describe the special rate or hotel/event package in detail: The PAC Director will work with Spring Hill Suites.

Please list which lodging establishments you plan to reserve a room block for and list how many rooms will be blocked at each hotel. See attachment 2 for a list of hotels/motels In the City.

Name of Lodging Establishment # of rooms to be blocked 1- gpring Hill gglteg J8 2.

3.

V. Projected Promotions Please check all promotional efforts your organization is coordinating for the event, program or project. Include the amount financially committed and/or proposed to be committed to each media outlet. These amounts should also be reflected in the attached proposed budget:

Media/Advertising Outlet $ Amount Quantity B Regional Newspapers $8.000.00 N/A B Radio Spots $1.700.00 N/A • TV Commercials $ N/A B Print Ads $5.250.00 # B Web/Digital Ads $2.000.00 # • Press Releases to Media N/A #_ • Direct Mailings (Out of Town) $ #_ B Other Billboards $2,500.00 • Other $ #_ • Other $ #

Note: AH promotional materials (including event sponsor signage) using HOTfund monies are reauired to include the appropriate Baytown Tourism logo (See Attachment 3). Please contact the City of Baytown Tourism Office for the correct file at (281) 420-6510 or [email protected]. Tourism Marketing Specialist. Crty of Baytown Tourism Office Baytown Tourism Partnership Grant Program

Please include the organization's marketing plan for the event or program with this application.

Approximately how many individuals {or impressions) will your proposed marketing plan reach who are located in another area (not including Baytown)? 2,100,000 Explain* is an estimate from the Houston Galveston Area Council that includes 13 counties and 12,500 miles.

What geographic areas do your advertising, marketing and promotions target? Greater Houston-Sugarland-Baytown metropolitan area, over 2.1 million people.

What demographics do your advertising, marketing and promotions target? For these events the target audience is primarily adults 30-t- years old.

Please sign below acknowledging that the Information provided In this application is true and correct:

8/25/2016

Authorized Signature Date

Laura Oehler

Print Name Grant Manager

Title

Submit Applications by mall or email on or before 5:00 p.m., Friday, September 2, 2016 to:

City of Baytown Tourism Office Email: Attn: Anna Enderii [email protected] P.O. Box 424 Baytown, TX 77522

If you have any questions about this application or the application process, please contact Anna Enderii at (281) 420-5343 / anna.enclerli(a>bavtown.ora

Please keep a copy of this application for your records.

10 Mission ofthe organization: The mission ofLee College is to serve as a focal point for the development ofeducated, gainfiilly employed, and socially aware residents ofour conmiunity. Through a variety ofprograms and services. Lee College prepares students for success in higher education or employment. Lee also provides a broad-based program of extension courses, distance education, adult education, continuing education, and community service. The mission ofthe Performing Arts Center at lee College is to educate, enlighten, enrich and entertain citizens ofall ages, while providing leadership and support to advance cultural and performing arts and nourish appreciation ofthe arts in the community and beyond.

How will the requested funds be used to support the event/program/project? The funds will be used to defray advertising costs for these upcoming PAC performances in Baytown, Liberty, Anahuac, Beaumont, Dayton, and Houston. College Relations uses a variety ofmeans ofadvertising including, radio, TV, newspaper, billboards, flyers and magazines. Since 80% ofour advertising is outside the Baytown area many ofthe patrons attending will be as well and so then the potential is there for hotel use associated with these performances. Iffunded, all advertising associated with these two 16-17 PAC season performances will be branded with the City ofBaytown logo.

Potential to Generate Overnight Guests Lee College is committed to bringing in top notch performers to its Performing Arts Center (PAC). Performances such as the 2016-2017 scheduled Nutcracker and Sugar Plum Fairy Tea in past seasons have been well-attended. The Performance Arts Center is expecting 1,800+ patrons to attend this year's performances. In order to attend these performances, many will drive 75 miles or more into Baytown. In 2013, the PAC polled 407 audience members who came from zip codes at least 75 miles from Baytown. Most came from areas that were a two to three hour drive from our city, leading us to believe that they will most likely stay one night increasing the hotel and motel occupancy numbers and benefiting the City ofBaytown with HOT tax revenue.

The Lee College marketing department is diligent about advertising in the outlying areas including areas that are more than an hour from Baytown. 80% ofthe advertising for the outlined performances will be outside of Baytown. As seen in the marketing plan, using various advertising mediums. Lee College will reach audiences as far north as Madisonville; east to Lake Charles; south to Galveston; and west to Giddings and Wimberley, as well as state-wide. In addition, our advertising via satellite and web radio will reach audiences world-wide. All advertising will display the City ofBaytown's logo and encourage patrons to 'Experience Baytown' by staying overnight in one ofour fine hotels.

It is hard to know for sure how many rooms a performance will generate in hotel usage but using a tourism industry formula found on SWAPA indicates Aat ifthe college advertises at least 75 miles outside ofthe venue that approximately 7.5% ofthe audience would stay at least one night in a hotel. So, this year, ifwe had 1,800 audience members, according to this formula there is the potential for 135 people to book one night in a hotel room. (Source: SWAPA) In addition, the college itselfreserves 18 or more rooms a year for artists and production staff.

The City ofBaytown will also benefit from the Performing Arts Center (PAC) programming, as the center serves as a gateway to the restoration efforts being undertaken in the 'old downtown' area. Ifall three ofthese performances sell out, nearly 2,800 people will come into the new Arts, Cultural and Entertainment district. This number includes many people who are new to Baytown, and who will discover the charm ofThe ACE district. Many will return to experience other performances at the PAC or Baytown Little Theater, leading to economic growth and increased business for the restaurants, hotels, and shops in the area. The Performing Arts Center at Lee College is the only venue ofits caliber between Houston and Beaumont, and draws arts patrons from all over the area who would normally travel to Houston for the performances being brought into Baytown. Arts patrons will see the advantages ofcoming to Baytown over Houston or Galveston such as free parking, lower ticket prices, and top-notch accessable and affordable overnight lodging and restaurants.

Lastly, Americans for the Arts estimates the economic impact from the 2016-2017 Performing Arts Center schedule generating as much as $5,422 for Baytown. Many ofthese dollars potentially in hotel stays.

TOTAL ECONOMIC lA/lPACT OF:

kQcaJ State Total ' Household FTE Jobs Government Government Expenditures Income Revenue Revenue

Nonprofit Arts and S70.000 2.6 S58.892 32,442 32,876 Culture Organizations:

Nonprofit Arts and 356,868 1.6 334,332 32,980 33,228 ^ : Culture ''; Audiences:

' Total Industry Impact: $126,868 4.2 393,224 $5,422 $6,104 • (TheSumofOrganizBtjons and Audiences)

, Print Your Results s Please see tiie fine print below. http://www.americansforthearts.ora/bv-program/reports-and-data/research-studies-publications/arts-economic-prosperitv- iv/calculator

What geographic areas does your advertising, marketing and promotion target? The advertising and promotion will reach the Greater Houston-Sugar Land- Baytown metropolitan area, over 2.1 million people. Satellite radio and web ads and calendars are viewable across the U.S. The performances will also have a state-wide reach through publication in the Texas Monthly Calendar ofevents. Billboards along I-10 reach travelers from Louisiana to San Antonio. Newspaper and Radio ads will reach as far north as Madisonville; east to Lake Charles, LA, south to Galveston and west to San Antonio. Marketing Plan

Marketing Plan for Lee College Performing Arts Center The advertising and promotion will reach the Greater Houston-Sugar Land-Baytown metropolitan area, over 2.1 million people. The performances will also have a state-wide reach through publication Inthe Texas Monthly Calendar of Events. The magazine is read by one out of seven Texas adults. The media outlets outlined in the marketing plan will reach audiences as far north as Madisonville; east-Beaumont; south-Galveston; west-Glddings and Wimberley. In order to attend the performances, many will live 75 miles or greater from Baytown. All advertising willinclude text that encourages patrons to 'experience Baytown' by staying overnight Inone of our

Market Market

Penetration Penetration > 75 miles

MEDIA OUTLET

[2/16-18/20U 3/5/2017

Arts Hound-website sponsored by the Service 1,750 hits per day X X of Houston Art Alliance

Baytown Christmas Parade 5,000 X

Billboards (5)*500,000 each 2,500,000 NutcrackerX X

Direct Mail to BSOpatrons 630 70 X

Flyers in local schools, day care centers 20,000 X GlenMillerBand

Houston Press (internet) 45,000 hits per day X X

KUHA calendar (Uof H's radio station) worldwide via internet X X

Liberty Chamber of Commerce Newsletter 600 X X

Radio TBDfor each show; potential reach Houston metropolitan area; difficult to 6.1 million X X estimate actual numbers Marketing Plan

Market Market

Penetration Penetration > 75 miles

MEDIA OUTLET

\2/16-18/201t 3/5/2017 Robo Call-automated messaging from an existing contact list; sent to art audiences who 200 X X have signed up to receive PACevents Service Area Paoers (orint) -Bavtown Sun. other orint and online newsoaoers. HCN Lake 65,000 X X Houston (ex. Houston Chronicle! paid circulation-300,000; Texas Monthlv Calendar-state wide reach readership > 2,500,000 X X monthly

Yol (Houston Chronicle)- weeklv oublication in 1.1 million readers daily X X the Houston Chronicle newspaper

2995 (Houston Chronicle)-website of local 550,000 hits daily X X events Nutcracker BandMillerGlen Proposed Budget

City ofBaytown Hotel Occupancy Tax Grant Program

Proposed Budget

Event or Program Name: Lee College Performing Arts Center Season 2016-2017 *Denote expenses covered, or partially covered, using Hotel Occupancy Tax

Projected Actual Income Event Fund Account Balance Grants Tourism Office $ 10,000 Sponsorships $ 500 Registrations/Tickets $ 100,000 Donations $ Total Income $ 110,500 $

Expenses Direct Expenses

♦Advertising, *Printing and *Billboards 19,060 Artist Fee 46,000 Hotel 1,620 Transportation 500 Catering 2,100 Rider Production Subtotal Direct Expenses $ 69,280 $

Indirect Expenses Support Staff Subtotal Indirect Expenses $ 17,500 Total Expenses $ 86,780 Profit/(Loss) $ 23,720 Funds owed back to City for unused HOT $

POW MAG Log Book Visitor Estimates 2013 to 2016 POW MAG Book #2 Visitors Log

VISITORS SIGNING LOG BOOK

Houston Baytown Area Texas TOTAL Area SMSA Out of Other Out of USA Page # Signed in Specific NOD Area States Country 1 1 Partial Feb 2013 11 2 8 2 2013 TOTAL 1 to 24 Partial 887 164 563 74 84 2 Russia/Ukr # Mos. 10 10 10 10 10 10 2013 Avg./Mo 88.7 16.4 56.3 7.4 8.4 0.2 Distrib. by Area % 18.5% 63.5% 8.3% 9.5% 0.2% 100%

25 to 43 2014 TOTAL 753 135 489 56 67 6 Ger/Eng # of Mos. 12 12 12 12 12 12 2014 Avg./Mo 62.8 11.3 40.8 4.7 5.6 0.5 Distrib. by Area % 17.9% 64.9% 7.4% 8.9% 0.8% 100%

44 to 56 2015 TOTAL 452 65 299 32 55 2 Ger # of Mos. 12 12 12 12 12 12 2015 Avg./Mo 37.7 5.4 24.9 2.7 4.6 0.2 Distrib by Area % 14.4% 66.2% 7.1% 12.2% 0.4% 100%

57 to 69 2016 TOTAL Partial 240 37 148 18 36 1 Mex # Mos. 8 8 8 8 8 8

2016 Avg./Mo 30 5 19 2 5 0 Distrib.by Area % 15.4% 61.7% 7.5% 15.0% 0.4% 100%

Total Signed In 2,332 401 1,499 180 242 11 # Mos. 42 42 42 42 42 42

Avg./Mo 56 10 36 4 6 0 Distrib. by Area % 17.2% 64.3% 7.7% 10.4% 0.5% 100%

ESTIMATED VISITORS (d.)

Houston Baytown Area Texas ESTIMATED Area SMSA Out of Other Out of USA TOTAL Specific NOD Area States Country

Grand Total 4,664 802 2,998 360 484 22 # Mos. 42 42 42 42 42 42

Avg./Mo 111 19 71 9 12 1 Distrib.by Area % 17.2% 64.3% 7.7% 10.4% 0.5% 100%

Estimated Hotel stays per year: 80/year (e.)

NOTES a. "Baytown" includes only those indicating Baytown specifically or noted like "RS HS- Ross Sterling High School" or "Baytown Christian Academy". b. "Houston Area SMSA NOD" includes those within a 30-40 mile radius, including Richmond, Sugarland, Montgomery, Winnie, Galveston and points in between. Those not recoding addresses were included in this category. c. "Texas Out of Area", "Other States" and "Out of USA" are self -explanatory . d. Estimates are that only 40 to 60% of the visitors actually sign the log book, Used 50%. e. Hotel Stays Estimate. Hotel stays estimated using 25% of Texas Out of Area, Other States and Out of Country. Average 22 per month times 30% = 6.6 per month or 80 per year.

The distribution by area is fairly consistent for the past 4 years.

Any guidance the City of Baytown Tourism Office can provide on obtaining accurate visitor counts would be appreciated. As you know many visitors do not sign guest registers. Sometimes they do not see the register and many want to avoid solicitation lists.

Any guidance the City of Baytown Tourism Office can provide to POW MAG for estimating ACTUAL visitors or Hotel stays would be appreciated.

From: A. R. (Rusty) Senac To: Anna.Yowell Cc: [email protected]; Jay (Home) Eshbach; Kathryn Saenger; Ken Pridgeon; Mike Wilson; "Wade Woehrmann" Subject: RE: HOT Grant Date: Wednesday, September 14, 2016 3:59:39 PM Attachments: image001.png

Anna-

The operating hours are 9 to 5 Monday through Saturday. Mr. Pridgeon lives ten minutes from the Gallery and his cell phone number is posted on the door of the Gallery. It is not unusual for him to be painting in the very early hours at POWMAG or in the evening at home.

In 2013, POWMAG estimated 170 visitors per month, approximately 89 actually signed the register on average per month. Mr. Pridgeon feels he averaged one bus load (30-50) each week in 2013. The construction period on Texas avenue and the square adversely affected the number of visits and we hope to rekindle the visitors especially with the improvements that were completed in 2015. Mr. Pridgeon feels that “people just got used to not coming”. In 2016 the average number of visitors to POWMAG is estimated to be about 60/month.

We hope to see POWMAG visitors volume to return to the 2013 volume by the end of next summer. At a minimum we would expect a 20-25% visitor increase or 70-75 per month 3-4 months post direct mail and web site promotional programs. We hope to encourage bus loads to begin coming to Texas Avenue as well.

We also plan on doing a better job having people sign the register or trying to determine a better method to count visitors. Just this afternoon, Ken told me the father of one of our HEROES from El Paso arrived this morning to pick up a portrait of their son that was painted 2+ years ago. The family now lives in Minnesota. They drove from Minnesota to pick up our HEROES portrait and will make a 2-3 day vacation out of this trip. I will make sure the register reflects their visit.

Please let me know if you have any additional questions. 713.725.0744

Thank you!

On Behalf of POWMAG,

A.R. Rusty Sénac 13318 Bay Place Drive Beach City, Texas 77523-8211 H - (281) 383-3308 C - (713) 725-0744 [email protected]

From: Anna.Yowell [mailto:[email protected]] Sent: Friday, September 09, 2016 3:32 PM To: A. R. Rusty Senac ([email protected]) Subject: HOT Grant

Hi Rusty,

I hope you have a relaxing weekend in store!

I was just curious if you had an idea about visitation to the gallery? If you happen to know the following, it would be very helpful. If possible, it would be great to have the information by the end of day Monday.

1) Approximate visitation to the gallery in 2015/2016. a. About how many visitors were from out of town? b. Any knowledge of guests staying the night at a local hotel (and how many)? 2) What type of visitation do you expect in 2017? 3) How will the proposed promotional program influence visitation (by what percentage, etc.) 4) What will the operating hours be of the gallery?

Thanks so much! Have a super weekend,

Anna Enderli Yowell

Tourism Coordinator (281) 420-5343 – Office (832) 984-0435 - Mobile

City of Baytown Tourism Office Baytown Tourism Partnership Grant Program

Application for Fiscal Year 2016-2017 I. Organization Information If not enough space is provided to complete your answers, please attach additional pages.

Organization Name:______

DBA (if different from above):______

Street Address or P.O. Box:______

City:______State:______Zip:______

Organization Phone Number:______

Organization Website Address:______

Incorporation/Creation Date:______EIN #:______

Primary Contact Name:______

Contact Phone:______Fax:______

Contact Email:______

Secondary Contact Name:______

Secondary Contact Phone:______

Secondary Contact Email:______

Mission of the organization:______

______

______

II. General Event or Program Information

Name of event/program for which this application applies, or state the purpose of the request:

______

______

6

City of Baytown Tourism Office Baytown Tourism Partnership Grant Program

If the event or program includes a series of events or programs, how many are to be funded under this request? ______

Date(s) of events/programs:______

How many years has this event or program been held?______

Expected attendance:______

Name of venue:______

Street:______City:______Zip:______

State the primary purpose of the event or program for which funding is being requested? ______

______

III. Funding Request

Check the applicable categories that apply to your funding request. For an explanation of each category, please see page 3 of this application packet. Funding request should 1) not exceed the expected gross income generated by overnight stays at hotels and motels within the City of Baytown, and 2) not exceed more than 25% of the total event or program budget. I.e. Total number of overnight stays (number of rooms blocked x number of nights per room) x avg. base price of room.

Category Amount

 Advertising and promoting the City. Amount requested under this category: $______

 Promotion of the Arts. Amount requested under this category: $______

 Historical restoration and preservation. Amount requested under this category: $______

 Registration of Convention Delegates. Amount requested under this category: $______

Total Amount Requested: $______

7

City of Baytown Tourism Office Baytown Tourism Partnership Grant Program

Total event, program, project budget: $______

Specifically, how will the requested funds be used to support the event/program/project? ______

______

If your organization received HOT funding within the past three years for this event or program, please note amount received, approximate number of attendees at the event and the number of hotel rooms utilized during the event (funding years begin on October 1):

First time event

HOT Funding Amount Total Attendance Hotel Rooms Utilized

FY 2015 – 2016 $______

FY 2014 – 2015 $______

FY 2013 – 2014 $______

Please list dollar amount other organizations, including grants and sponsorships, have offered in the way of financial support for this event or program for which funding is being requested. Include this information, itemized, in the attached budget. Attach additional pages if needed.

Organization Name:______Funding Amount $______

If this is not a first time event, please list total dollar amount other organizations offered in the way of financial support for this event, program or project (excluding HOT grant monies) for the following fiscal years. Include this information, itemized on an attached sheet.

FY 2015 - 2016 $______FY 2014 – 2015 $______

IV. Tourism Benefits* *If you are applying under the single category 3 Historical Restoration and Preservation, please attach a document detailing: how the project will enhance Baytown’s historical resources, how the project will attract tourists to visit historical locations, and how the project will contribute to the local economy and support the tourism and hotel industry.

What is the expected total attendance of the event or program (combined for all events or programs if there is more than one)? ______

What percentage of the attendees is expected to stay overnight in order to attend the event or program activities? ______

8

City of Baytown Tourism Office Baytown Tourism Partnership Grant Program

How many hotel / motel rooms are expected to be utilized in the City for the event or program (all events and programs combined)? ______

Does the event or program span two or more consecutive days? ______

Will you negotiate a special rate or hotel/event package at a local hotel/motel to attract tourists to City lodging establishments during the event or program? ______

Please describe the special rate or hotel/event package in detail:______

Please list which lodging establishments you plan to reserve a room block for and list how many rooms will be blocked at each hotel. See attachment 2 for a list of hotels/motels in the City.

Name of Lodging Establishment # of rooms to be blocked 1. ______2. ______3. ______

V. Projected Promotions Please check all promotional efforts your organization is coordinating for the event, program or project. Include the amount financially committed and/or proposed to be committed to each media outlet. These amounts should also be reflected in the attached proposed budget:

Media/Advertising Outlet $ Amount Quantity  Regional Newspapers $______N/A  Radio Spots $______N/A  TV Commercials $______N/A  Print Ads $______#______ Web/Digital Ads $______#______ Press Releases to Media N/A #______ Direct Mailings (Out of Town) $______#______ Other ______$______#______ Other ______$______#______ Other ______$______#______

Note: All promotional materials (including event sponsor signage) using HOT fund monies are required to include the appropriate Baytown Tourism logo (See Attachment 3). Please contact the City of Baytown Tourism Office for the correct file at (281) 420-6510 or [email protected], Tourism Marketing Specialist.

9

City of Baytown Tourism Office Baytown Tourism Partnership Grant Program

Please include the organization’s marketing plan for the event or program with this application.

Approximately how many individuals (or impressions) will your proposed marketing plan reach who are located in another area (not including Baytown)? ______

Explain:______

What geographic areas do your advertising, marketing and promotions target? ______

What demographics do your advertising, marketing and promotions target? ______

Please sign below acknowledging that the information provided in this application is true and correct:

______Authorized Signature Date

______Print Name

______Title

Submit Applications by mail or email on or before 5:00 p.m., Friday, September 2, 2016 to:

City of Baytown Tourism Office Email: Attn: Anna Enderli [email protected] P.O. Box 424 Baytown, TX 77522

If you have any questions about this application or the application process, please contact Anna Enderli at (281) 420-5343 / [email protected]

Please keep a copy of this application for your records.

10

Texas Nonprofit Theatres Marketing Plan for the 22nd Annual TNT Youth Conference

The mission of Texas Nonprofit Theatres is to support and serve the theatres of Texas, and specifically to:

• to promote high standards in theatre arts. • to continue to provide professional training and development for individuals involved in theatre. • to promote the development of educational theatre. • to provide a forum for the exchange of information and ideas by persons engaged in theatre. • to aid and encourage the formation of new theatre groups and support established theatre organizations. • to provide information and advocacy for the needs of theatres in Texas within the limits of the law.

The TNT Youth Conference was created in 1996 to directly serve the young people in Texas, generally ages 7 to 19, who are interested and involved in theatre throughout the state. The goal is to provide an event that encourages excellence in performance, develops skills, and facilitates the networking of like-minded youngsters. In addition the event intends to inspire the directors of such students, reinforcing their commitment to youth and giving them tools for improvement. Through a mix of performance opportunities, workshops, networking and social events, TNT seeks to meet its mission to support and serve.

In June 2016, the TNT Youth Conference celebrated its 21st Anniversary in Baytown, Texas. Evaluations from the conference indicated strong satisfaction with the program, facilities and the social events offered. The higher hotel costs and the need for more double queen rooms did cause two companies to seek lodging outside the Baytown boundaries, but the largest number chose the hotels promoted on the TNT website.

Because of the support from the City of Baytown and Lee College, TNT made the decision to return to the area for the 22nd anniversary of the event. The focus of the first wave of marketing is to re-engage the companies that came previously – some from such distances as Odessa and McKinney, and to make sure that there are at least 15 performing companies, with the maximum goal of 18 performing companies. The second focus, implemented closer to the actual event, is to encourage family and friends of the youngsters in the companies to come to Baytown to attend the performances, as well as to entice the general public to buy tickets. Based on the nature of the event and the demographics of the participants, TNT relies mostly on social media and electronic communication, supplemented by press releases to the communities of the participating companies.

With these targets identified, TNT plans the following promotional activities:

AUGUST / SEPTEMBER 2016 2

1. Announce the location of the 22nd Annual TNT Youth Conference in an August/September 2016 E-news bulletin, sent out to 2,250 subscribers

2. Post notice of the 2017 location for the Youth Conference on the TNT website at www.texastheatres.org

3. Send emails to the directors of the 2016 participating companies with a Hold the Date and location notice about the 2017 event in Baytown.

4. Post information on the TNT website about the hotels in Baytown that will be contracted for the event.

OCTOBER / NOVEMBER 2016

1. Create a postcard mailer to send out to all theatres in the TNT database with information about the youth conference. Mail out to approximately 400 theatres.

2. Include notice of the Youth Conference location and details about signing up to perform in the October/November e-news bulletin.

DECEMBER 2016 / JANUARY 2017

1. Create Facebook, Instagram and Twitter campaigns to announce the opening of application acceptance beginning February 1, 2017

2. Prepare email blast to all companies who have previously participated, reminding them of the deadline to apply.

3. Include article about the opening of the Youth Conference application acceptance for inclusion in the Dec/Jan e-news bulletin.

4. Make phone calls to key targets to make sure they are aware of the deadline.

GOAL: to sign up a minimum of 15 and maximum of 18 performing companies to perform at the 2017 Youth Conference in Baytown

Once the companies are signed up, the promotional focus moves to individual registrants and nonperforming companies.

FEBRUARY / MARCH 2016

1. Supply the performing companies with registration forms for individual students and parents.

3

2. Expand Facebook campaigns to encourage nonperforming companies and individuals to register for the conference. Boost posts, beginning late March.

3. Submit information to Texas Highways magazine website for inclusion on their calendar

4. Update information on TNT website to supply forms and information about hotels.

5. Send out email blasts with links to information on the TNT website.

APRIL / MAY 2015

1. Send press releases to the hometown newspapers of all the participating companies, promoting support for their local youngsters who are participating and urging friends and family to come to Baytown for the event.

2. Begin Facebook campaign highlighting each of the companies that will be performing. Boost posts.

3. Update TNT website with complete information on workshops, performances, hotels, and schedules.

4. Feature the TNT Youth Conference in the April/May e-news bulletin.

5. Send press release to Baytown papers to publicize the event to residents. Supply information for newspaper calendars.

EXPENSES: $1,500

Postage, Printing, HTML authoring for website, Facebook campaign creation, online newsletter creation, phone calls, email blasts.

2017 TNT Youth Conference Basic Schedule TIME TUESDAY 6/6 WEDNESDAY 6/7 THURSDAY 6/8 FRIDAY 6/9 SATURDAY 6/10 SUNDAY 6/11 8:00 AM Reh #15 8:15 AM 9:00 - 9:45 am 8:30 AM 8:45 AM 9:00 AM Reh #16 9:15 AM 9:00 - 9:45 am 9:30 AM Workshops Workshops 9:45 AM 10:00 AM Reh #5 Reh #17 AWARDS 10:15 AM 10:00 - 10:45 am 10:00 - 10:45 AM CEREMONY 10:30 AM Workshops Workshops 10:45 AM 11:00 AM Reh #6 Reh #18 11:15 AM 11:00 am - 11:45 am 11:00 - 11:45 am 11:30 AM Workshops Workshops 11:45 AM 12:00 PM Tech Lunch Break LUNCH BREAK 12:15 PM 12:30 PM Lunch Break Lunch Break 12:45 PM 1:00 PM Reh #7 1:15 PM 1:00 - 1:45 pm 1:30 PM ALL CONFERENCE SHOW BLOCK #3 SHOW BLOCK #5 1:45 PM WELCOME XXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXX 2:00 PM Reh #8 SHOW BLOCK #1 1:30 - 5:00 pm 1:30 - 5:00 pm 2:15 PM 2:00 - 2:45 pm XXXXXXXXXXXXXXXXX GROUP #7 GROUP #13 2:30 PM 1:45 to 5:00 pm XXXXXXXXXXXXXXXX XXXXXXXXXXXXXXX 2:45 PM GROUP #1 X GROUP #8 GROUP #14 3:00 PM Reh #9 XXXXXXXXXXXXXXX XXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXX 3:15 PM 3:00 - 3:45 pm GROUP #2 X GROUP #9 GROUP #15 3:30 PM XXXXXXXXXXXXXXXX 3:45 PM GROUP #3 4:00 PM Reh #1 Reh #10 4:15 PM 4:00 - 4:45 pm 4:00 - 4:45 pm 4:30 PM 4:45 PM 5:00 PM Reh #2 Tech Dinner Break Group Photo Dinner Break Dinner Break 5:15 PM 5:00 - 5:45 pm 5:00- 5:30 pm 5:30 PM Pizza Party 5:45 PM 5:30- 6:30 pm 6:00 PM Reh #3 6:00 - Reh #11 6:15 PM 6:45 pm 6:00 - 6:45 pm 6:30 PM SHOW BLOCK #2 SHOW BLOCK #4 SHOW BLOCK #6 6:45 PM XXXXXXXXXXXXXXXXX - 3 Shows XXXXXXXXXXXXXXX 7:00 PM Reh #4 Reh #12 6:30 - 10:00 pm 6:30 - 10:00 pm 6:30 - 10:00 pm 7:15 PM 7:00 -7:45 pm 7:00 - 7:45 pm GROUP #4 GROUP #10 GROUP #16: 7:30 PM XXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXX XXXXXXXXXXXXXX 7:45 PM X GROUP #5 GROUP #11 GROUP #17 8:00 PM Reh #13 XXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXX XXXXXXXXXXXXXXX 8:15 PM 8:00 - 8:45 pm GROUP #6 X GROUP #12 GROUP #18 8:30 PM 8:45 PM 9:00 PM Reh #14 9:00- 9:15 PM 9:45 pm 9:30 PM 9:45 PM 10:00 PM After Hours Social After Hours Social After Hours Social 10:15 PM 10:30 PM 10:45 PM 11:00 PM Texas Nonprofit Theatres, Inc. 1300 Gendy Street Fort Worth, Texas 76107-4036 817-731-2238

ATTACHMENT: Other Financial Support

Itemized Financial Support for FY 2016-17

Committed to date Inspiration Stage – committed 750.00 Other sources possible but it’s too early to list

Itemized Financial support for FY 2015-16 Inspiration Stage 600.00 Texas Commission on the Arts 2,550.00 TOTAL 3,150.00

Itemized Financial Support for FY 2014 – 2015 Bastrop Opera House (Host-not HOT): $ 5,000.00 Texas Commission on the Arts 2,750.00 Imagination Stage 500.00 Roberta Elliott 150.00 Will & Beth Dever 75.00 Anonymous 10.00 TOTAL 8,485.00 Texas Nonprofit Theatres 1300 Gendy Street Fort Worth, TX 76107-4036 817-731-2238

BUDGET Project Name: 22nd Annual TNT Youth Conference: The Youth Conference is TNT’s largest project. Planning begins a year in advance and requires extensive staff involvement.

*Denotes expenses to be covered using Hotel Occupancy Taxes

INCOME: Registrations/Entry 42,550.00 Ticket Sales 2,000.00 T-shirts/CDs/Misc Sales 3,500.00 Sponsorships Inspiration Stage 750.00

Tourism Grant 10,000.00 Total Income $58,800.00

EXPENSES Direct Expenses *Advertising /Promotion Cost 1,500.00 Website Facebook/Instagram campaigns Newsletters / Postcards *Instructors/Adjudicator 3,500.00 *Technical Staff for shows 1,000.00 *Facilities for workshops/performances 2,500.00 *Registration: Onsite Management & Supplies 1,500.00 Travel/Lodging for Staff & Adjudicator 2,000.00 Food, Supplies 11,075.00 Printing – programs, etc. 2,000.00 T-shirts, CDs, Awards 3,000.00 Total Direct 28,075.00 Allocated Expenses Personnel: Directly related to project 30% of Exec. Dir. 13,175.00 30% of Admin Dir. 9,400.00 30% of Support Staff 4,200.00 Insurance – Liability & Accident 800.00 Total Allocated 27,575.00 Indirect expenses Rent – prorated 2,400.00 Telephone/Internet - prorated 750.00 Total Indirect 3,150.00 Total Expenses 58,800.00 Profit/(Loss) - * Total HOT Expenses $10,000.00 Texas Nonprofit Theatres 1300 Gendy Street Fort Worth, TX 76107 817-731-2238

DOCUMENTATION OF POTENTIAL TO GENERATE OVERNIGHT GUESTS

Past history of overnight stays for Youth Conference Participants

21st Annual TNT Youth Conference in Baytown, Texas Hotels Used in Baytown: Approximated Holiday Inn Express 149 room nights @ $99+tax 17,259 Candlewood Suites 76 room nights @ $89 / $99+tax 8,358 Hampton Inn & Suites 78 room night @ $119+tax 10,860 La Quinta Inn & Suites 52 room nights @ $99+tax 6,023 America’s Best Value Inn 12 room nights @ $85+tax 1,193 Comfort Suites 25 room nights @ $108+tax 3,159 392 46,852 Other Hotels: Comfort Suites, La Porte 40 room nights @ $79+tax 3,697 Fairfield Inn, Channel View 20 room nights @ $104-129+tax 2,680 60 6,377

Total 452 Approx = $53,229

According to Hera, least 10 rooms were picked up at our rate at the Holiday Inn Express by parents of students, but they were not credited to our block. A possible addition of 10-30 room nights @ $99

20th Annual TNT Youth Conference in Bastrop, Texas

Hotels Used: (I don't know if some of these numbers include tax or not) Hampton Inn & Suites, 240 S Hasler Blvd, Bastrop, TX 78602 = $19,884.00 Comfort Suites, 505 Agnes Street, Bastrop, TX 78602 = $17,889 Holiday Inn Express, 491 Agnes Street, Bastrop, TX 78602 = $8,278.64 Quality Suites, 106 Hasler Blvd, Bastrop, TX 78602 = $2,049.33 Best Western, 107 Hunters Crossing, Bastrop TX 78602 (1 night only) - $90

Room Nights Used/Paid: Tuesday Wednesday Thursday Friday Saturday Hampton 1 53 54 54 54 Comfort 11 47 47 48 48 Holiday 3 21 22 20 20 Quality/Best Western 5 5 6 6 TOTAL 15 126 128 128 128

TOTAL PAID ROOM NIGHTS = 525 Approx = $48,200

19th Annual TNT Youth Conference in Boerne, Texas Number of Room Nights Paid: 397 at four hotels; rates varied from $89-$119+13% tax Approx = 42,838 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING THE CITY OF BAYTOWN 2016-17 TOURISM PARTNERSHIP GRANT PROGRAM ALLOCATIONS; AUTHORIZING THE EXPENDITURE OF SUCH ALLOCATIONS IN THE AMOUNT OF SEVENTY THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($70,500.00) SUBJECT TO THE RECIPIENT’S EXECUTION OF A TOURISM PARTNERSHIP GRANT AGREEMENT; APPROVING A STANDARD FORM HOTEL OCCUPANCY TAX GRANT AGREEMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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

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

Section 1: That the City Council of the City of Baytown, Texas, hereby establishes the City of Baytown 2016-17 Tourism Partnership Grant Program allocations:

Tourism Partnership Grant Grant Event Date Recipient Amount Art League of Baytown Christmas on Texas Avenue 12/3/2016 $6,000 Art League of Baytown Spring Show 3/29 – 4/29/2017 $3,000 Baytown Historical Preservation Association Historical Preservation Project All Year $13,000 Baytown Youth Fair and Rodeo Concert and Rodeo 4/21 – 4/22/2017 $10,000 Baytown YMCA Gator Ride 2/18/2017 $2,500 Performing Arts Center Annual Performance Series (3 Performances) 3x a Year $10,000 Portrait of a Warrior Strategic Digital Marketing Plan All Year $5,000 Project Blue Jail Break Run 2/25/2017 $10,000 Running Alliance Sport Bud Heat Wave 7/4/2017 $1,000 Texas Nonprofit Theaters 22nd Annual TNT Youth Conference June 2017 $10,000

Section 2: That the City Council of the City of Baytown, Texas, authorizes payment to the sponsors of the events referenced in Section 1 hereinabove in the total amount of SEVENTY THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($70,500.00) subject to the recipient’s execution of a Tourism Partnership Grant Agreement, the standard form of which is adopted in Section 3 hereof.

Section 3: That the Tourism Partnership Event Grant Agreement and the Tourism Partnership Project Grant Agreement, which are attached hereto respectively as Exhibits “A” and “B” and incorporated herein for all intents and purposes, shall be the standard grant agreements. The applicable agreement must be executed by the grant recipient and the City prior to the recipient’s event or commencement of its project as a prerequisite to receiving grant funding.

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 13th day of October, 2016.

______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\2016\October 13\TourismPartnershipGrantProgramAllocations&StandardFormofAgreement.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 the ______, 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 in which the majority of participants are expected to be tourists who substantially increase economic activity at hotels and motels within the municipality or its vicinity; and

WHEREAS, the Grant Recipient will conduct its ______, which will be held on ______, which 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:

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.

Tourism Partnership Event Grant Agreement, Page 1

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 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.

Tourism Partnership Event Grant Agreement, Page 2

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 ______DOLLARS ($______) from hotel occupancy tax revenues. The parties understand and agree that the City’s obligation hereunder 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

Tourism Partnership Event Grant Agreement, Page 3

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, 2017, 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).

(c) If this Agreement is terminated pursuant to Section 4.2(a), the Grant Recipient will provide the City:

(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 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;

Tourism Partnership Event Grant Agreement, Page 4

(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.

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.

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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.  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

Tourism Partnership Event Grant Agreement, Page 6

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 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.

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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.

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 ______Attn: City Manager Attn: ______P.O. Box 424 ______Baytown, TX 77522 ______

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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.

EXECUTED ON this the ___ day of ______, 20__.

CITY OF BAYTOWN

By:______RICHARD L. DAVIS, City Manager ATTEST:

______LETICIA BRYSCH, City Clerk

Tourism Partnership Event Grant Agreement, Page 9

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

EXECUTED ON this the ___ day of ______, 20___.

______

By:______(Signature)

______(Printed Name)

______(Title)

ATTEST:

______(Signature)

______(Printed Name)

______(Title)

\\cobfs01\legal\Karen\Files\Contracts\Tourism Grant Agreement\2016\EventGrantAgreementClean.doc

Tourism Partnership Event Grant Agreement, Page 10

Exhibit "B"

Tourism Partnership Project Grant Agreement

STATE OF TEXAS § § COUNTY OF HARRIS §

THIS AGREEMENT made between the City of Baytown, Texas, a municipal corporation (the “City”), and the ______, 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 engaging in historical restoration and preservation projects or activities or advertising and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums; and

WHEREAS, the Grant Recipient will perform historical restoration and preservation activities associated with ______, which activities are further described in the scope of work, which is attached hereto and incorporated herein for all intents and purposes, and are expected to directly enhance and promote tourism and the convention and hotel industry (the “Project”); 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:

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 the Project, as detailed in the scope of work, to encourage tourists and convention delegates to visit the City as well as the preserved historic site(s) or museum(s).

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.

Tourism Partnership Project Grant Agreement, Page 1

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 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 the effective date of this Agreement, 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

Tourism Partnership Project Grant Agreement, Page 2

(3) a copy of all financial records pertaining, in whole or in part, to the Project (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 Project Report. Within sixty (60) days after the completion of the Project, the Grant Recipient will furnish to the City a performance report of its work under this Agreement which shall reflect overall activities conducted, and expenditures made for which reimbursement is sought under this Agreement. This post project 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 ______DOLLARS ($______) from hotel occupancy tax revenues. The parties understand and agree that the City’s obligation hereunder shall not be greater than the actual expense incurred by the Grant Recipient in performing the services required hereunder. Further, the parties understand and agree that the Grant Recipient may invoice for partial payments for those components of the Project that have been completed and approved by the City Manager or his designee; however, the payments will not be (i) made until the Grant Recipient has provided an affidavit of all bills paid in a form satisfactory to the City from all persons that have performed work on the components that have been completed and approved and are being invoiced and (ii) greater than the actual expense incurred by the Grant Recipient in performing the above-referenced services. The parties agree that if the Project is not completed and approved by the City Manager on or before September 30, 2017, the Grant Recipient shall refund all monies paid by the City hereunder October 31, 2017.

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

Tourism Partnership Project Grant Agreement, Page 3

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. However, the parties agree that such invoice shall not be submitted to the City until the improvements specified on the invoice have been completed and approved by the City.

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, 2017, 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 Project 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).

(c) If this Agreement is terminated pursuant to Section 4.2(a), the Grant Recipient will provide the City:

(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 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

Tourism Partnership Project Grant Agreement, Page 4

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.

V. GENERAL PROVISIONS

5.1 Compliance with Laws. The Grant Recipient agrees to comply with all laws, rules or regulations of applicable governmental authorities in performing the services required herein. Such laws, rules and regulations include strict compliance with all codes and ordinances of the City of Baytown.

5.2 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.

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5.3 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.

5.4 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.

Additionally, the Grant Recipient shall require all of its contractors working on the improvements to maintain the following minimum insurance coverages and limits:

1. Commercial General Liability  General Aggregate: $1,000,000  Per Occurrence: $500,000  Coverage shall be at least as broad as ISO CG 00 01 04 13  No coverage shall be deleted from standard policy without notification of individual exclusions being attached for review and acceptance.

2. Business Automobile Policy  Combined Single Limits: $500,000  Coverage for “Any Auto”

3. Workers’ Compensation  Statutory Limits  Employer’s Liability $500,000  Waiver of Subrogation required. Should the Grant Recipient’s contractor have no employees, such contractor shall sign an affidavit to such effect and shall indemnify, protect, and defend the City from any claim arising from a person claiming to be an employee of such contractor. Should the Grant Recipient’s contractor subsequently hire employees while performing services hereunder, such contractor shall immediately procure and maintain Workers’ Compensation Insurance meeting the requirements herein.

Prior to any work being performed in furtherance of the improvements required herein, the Grant Recipient shall file with the City valid Certificates of Insurance and endorsements acceptable to the City. The following are general requirements applicable to all policies:

 AM Best Rating of B+; VII or better for all liability policies.

Tourism Partnership Project Grant Agreement, Page 6

 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.  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.

5.5 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

Tourism Partnership Project Grant Agreement, Page 7

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 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.

5.6 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.

5.7 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

Tourism Partnership Project Grant Agreement, Page 8 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.

5.8 Force Majeure. In the event the Project 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.

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

5.10 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 ______Attn: City Manager Attn: ______P.O. Box 424 ______Baytown, TX 77522 ______

5.11 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.

5.12 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.

5.13 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.

5.14 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

Tourism Partnership Project Grant Agreement, Page 9

notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to this transaction or these transactions.

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

5.16 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.

5.17 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.

EXECUTED ON this the ___ day of ______, 20__.

CITY OF BAYTOWN

By:______RICHARD L. DAVIS, City Manager ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

EXECUTED ON this the ___ day of ______, 20___.

______

By:______(Signature)

______(Printed Name)

______(Title)

Tourism Partnership Project Grant Agreement, Page 10

ATTEST:

______(Signature)

______(Printed Name)

______(Title)

\\cobfs01\legal\Karen\Files\Contracts\Tourism Grant Agreement\2016\ProjectGrantAgreementClean.doc

Tourism Partnership Project Grant Agreement, Page 11

BAYTOWN CITY COUNCIL MEETING 3. c. Meeting Date: 10/13/2016 Subject: Littering and Illegal Dumping Prepared for: Ignacio Ramirez, Legal Prepared by: Karen Horner, Legal Department: Legal

Information ITEM Consider an ordinance amending Chapter 1 "General Provisions," Section 1-14 "General penalty; continuing violations" and Chapter 42 "Health and Sanitation," Article II "Public Health Hazards," Division 2 "Public Health Nuisances," Section 42-62 "Maintenance of premises" of the Code of Ordinances, Baytown, Texas, to establish a fine for illegal dumping and an offense for littering in the City.

PREFACE This proposed ordinance amends Chapter 1 "General Provisions," Section 1-14 "General penalty; continuing violations" and Chapter 42 "Health and Sanitation," Article II "Public Health Hazards," Division 2 "Public Health Nuisances," Section 42-62 "Maintenance of premises" of the Code of Ordinances, Baytown, Texas, to establish a fine for illegal dumping and an offense for littering in the City.

The state law allows the City to assess a fine of up to $4,000 upon conviction for illegal dumping. Therefore, this proposed ordinance updates Section 1-14 to reflect the increased penalty. If this proposed amendment is passed, the penalties for a violation of a rule, ordinance or police regulation under the Code of Ordinances will be as follows: 1. Up to $500 for violations unless 2 or 3 are applicable; 2. Up to $2,000 for fire safety, zoning, or public health and sanitation violations, other than dumping of refuse; and 3. Up to $4,000 for dumping of refuse. Additionally, the City's ordinances includes an offense for littering in a city park but not for littering elsewhere in the City. As such, the ordinance is being amended to make littering an offense so the City can proceed against the person that dumps the refuse anywhere in the City – not just in parks.

RECOMMENDATION Staff recommends approval.

Attachments AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 1 "GENERAL PROVISIONS," SECTION 1-14 "GENERAL PENALTY; CONTINUING VIOLATIONS" AND CHAPTER 42 "HEALTH AND SANITATION," ARTICLE II "PUBLIC HEALTH HAZARDS," DIVISION 2 "PUBLIC HEALTH NUISANCES," SECTION 42-62 "MAINTENANCE OF PREMISES" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ESTABLISH A FINE FOR ILLEGAL DUMPING AND AN OFFENSE FOR LITTERING IN THE CITY; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00) FOR LITTERING AND A MAXIMUM PENALTY OF FOUR THOUSAND AND NO/100 DOLLARS ($4,000.00) FOR DUMPING OF REFUSE; 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 Chapter 1 "General Provisions," Section 1-14 "General penalty; continuing violations" of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:

CHAPTER 1. GENERAL PROVISIONS

Sec. 1-14. General penalty; continuing violations.

Whenever in this Code or in any ordinance of the city or in any rule, regulation or order promulgated by any officer or agency of the city under authority duly vested in such officer or agency any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided, the following controls unless specifically stated otherwise in the Code:

the fine or penalty for the violation of a rule, ordinance, or police regulation may not exceed $500 except that:

(1) a fine or penalty for the violation of a rule, ordinance, or police regulation that governs fire safety, zoning, or public health and sanitation, other than the dumping of refuse, may not exceed $2,000; and

(2) a fine or penalty for the violation of a rule, ordinance, or police regulation that governs the dumping of refuse may not exceed $4,000.

If the maximum penalty provided by this Code for any offense is greater than the maximum penalty provided for the same or a similar offense under the laws of the state, the maximum penalty for such violation provided by the state statute shall be the maximum penalty under this Code. Except where otherwise provided in this Code, each day an offense shall continue shall constitute a separate offense.

Section 2: That Chapter 42 "Health and Sanitation," Article II "Public Health Hazards," Division 2 "Public Health Nuisances," Section 42-62 "Maintenance of premises" of the Code of Ordinances, Baytown, Texas, is hereby amended to add a new subsection to be numbered Subsection (d), which subsection shall read as follows:

CHAPTER 42. HEALTH AND SANITATION

ARTICLE II. PUBLIC HEALTH HAZARDS

DIVISION 2. PUBLIC HEALTH NUISANCES

Sec. 42-62. Maintenance of premises.

. . .

(d) It shall be unlawful for any person to sweep, throw, deposit, or dump any garbage, waste, bulky waste, construction debris, rubbish, stagnant water, or dead animals into, upon or along any public or private premises within the city.

Section 3: Any person who fails to comply with Section 2 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.

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.

2

INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 13th day of October, 2016.

______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\2016\October 13\LitterOrdinance.docx

3

BAYTOWN CITY COUNCIL MEETING 3. d. Meeting Date: 10/13/2016 Subject: Interlocal Ageement with the Baytown Municipal Development District for a Development 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 funding of a development project in the Arts, Cultural and Entertainment Zoning District.

PREFACE This proposed ordinance authorizes an interlocal agreement with the Baytown Municipal Development District for funding of a development project in the Arts, Cultural and Entertainment Zoning District.

RECOMMENDATION

BAYTOWN CITY COUNCIL MEETING 3. e. Meeting Date: 10/13/2016 Subject: 380 Agreement Prepared for: Ron Bottoms, City Management Prepared by: Leticia Brysch, City Clerk's Office

Information ITEM Consider an ordinance authorizing a Chapter 380 Agreement for an economic development project in the Arts, Cultural and Entertainment Zoning District.

PREFACE This proposed ordinance authorizes a Chapter 380 Agreement for an economic development project in the Arts, Cultural and Entertainment Zoning District.

RECOMMENDATION

BAYTOWN CITY COUNCIL MEETING 4. a. Meeting Date: 10/13/2016 Subject: Consider Designating a Representative and Alternate for the HGAC General Assembly for 2017 Prepared for: Rick Davis, City Management Prepared by: Leticia Brysch, City Clerk's Office Department: City Management

Information ITEM Consider a resolution designating a representative and an alternate for the General Assembly and Board of Directors of the Houston-Galveston Area Council for the year 2017.

PREFACE This proposed resolution designates a representative and an alternate for the General Assembly and Board of Directors of the Houston-Galveston Area Council for the calendar year 2017. H-GAC’s Bylaws authorize Council to select one member and one alternate member to serve as representatives for both the General Assembly and the Board of Directors.

Council’s 2016 representative to the General Assembly is Council Member Terry Sain with Mayor Stephen DonCarlos serving as the alternate. Mayor DonCarlos is submitting the same representative and alternate as last year, and if approved, they would begin their 2017 one year term on January 1, 2017.

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.

Attachments Resolution - HGAC Representative and Alternate A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING THE CITY OF BAYTOWN’S REPRESENTATIVE AND ALTERNATE TO THE GENERAL ASSEMBLY OF THE HOUSTON- GALVESTON AREA COUNCIL FOR THE YEAR 2017; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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

Section 1: That the City Council of the City of Baytown hereby designates Terry Sain as the City of Baytown’s representative to the General Assembly of the Houston-Galveston Area Council for the year 2017 and to the Board of Directors of the Houston-Galveston Area Council for the year 2017.

Section 2: That the City Council of the City of Baytown hereby designates Stephen H. DonCarlos as the City of Baytown’s alternate representative to the General Assembly of the Houston-Galveston Area Council for the year 2017 and to the Board of Directors of the Houston- Galveston Area Council for the year 2017.

Section 3: The term of these representatives shall be concurrent with their terms as members of the City Council.

Section 4: The City Clerk is hereby directed to notify the Executive Director of the Houston-Galveston Area Council of the City’s representatives named hereinabove.

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 13th day of October, 2016.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

\\cobfs01\legal\Karen\Files\City Council\Resolutions\2016\October 13\DesignatingHGACRepresentative&Alternate2017.doc

BAYTOWN CITY COUNCIL MEETING 5. a. Meeting Date: 10/13/2016 Subject: Authorizing Change Order No. 1 for Garth Road Waterline Rehabilitation Project Prepared for: Jose Pastrana, Engineering Prepared by: Linda Newsted, Engineering Department: Engineering

Information ITEM Consider an ordinance authorizing Change Order No. 1 to the Garth Road Waterline Rehabilitation Project through the EPA SAAP Grant XP-00F85101-0 with SKE Construction, LLC.

PREFACE This proposed ordinance authorizes Change Order No. 1 to the Garth Road Waterline Rehabilitation Project through the EPA SAAP Grant XP-00F85101-0 with SKE Construction, LLC, in the amount of $265,762.81.

This change order is necessary due to unforeseen conditions, which require the directional drilling method in lieu of open-cut, to place the new water line below all existing utilities and chemical pipelines. The drilling will be from the intersection of Garth Road and Cedar Bayou Lynchburg to the southern limits of the adjacent pipeline corridor (located just south of Cedar Bayou Lynchburg).

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: Acct Code: 52703 - WASF1800 Source of Funds (Operating/Capital/Bonds): Water & Sewer CIPF Funds Budgeted Y/N: Amount Needed: $265,762.81 Fiscal Impact (Additional Information):

Attachments Indebtedness Certification - SKE Construction, LLC Ordinance - Change Order No. 1 for the Grath Road Waterline Rehabilitation Project Exhibit A - Change Order No. 1

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 1 WITH SKE CONSTRUCTION, LLC, FOR THE GARTH ROAD WATERLINE REHABILITATION PROJECT, IN THE AMOUNT OF TWO HUNDRED SIXTY- FIVE THOUSAND SEVEN HUNDRED SIXTY-TWO AND 81/100 DOLLARS ($265,762.81); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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

Section 1: That the City Council does hereby authorize Change Order No. 1 with SKE Construction, LLC, for the Garth Road 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 2: That the City Council of the City of Baytown hereby authorizes the payment in an amount of TWO HUNDRED SIXTY-FIVE THOUSAND SEVEN HUNDRED SIXTY-TWO AND 81/100 DOLLARS ($265,762.81) to SKE Construction, LLC, for the change order authorized in Section 1 hereinabove.

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 13th day of October, 2016.

______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\2016\October 13\ChangeOrderNo14GarthRoadWaterlineRehabilitationProject.doc Exhibit "A" CITY OF BAYTOWN Change Order No. 1 Garth Rd Waterline Rehabilitation 8/31/2016

Brief Description of Changes: This change order is necessary due to unforeseen conditions, which require the directional drilling method in lieu of pipe bursting, to place the new water line below all existing utilities and pipelines. The drilling will be from the intersection of Garth Road and Cedar Bayou Lynchburg to the southern limits of the adjacent pipeline corridor (located just south of Cedar Bayou Lynchburg).

Add or Delete Items:

Item Description Unit Quantity Unit Price Total 1 16", install pipeburst HDPE prechlorinated water line, upsize 12" to 16", complete in place LF -963 181.00 $ (174,303.00) 2 12", install pipeburst HDPE prechlorinated water line, in place of same of one size smaller water line, complete in place LF -15 109.00 $ (1,635.00) 3 12" flow stop, complete in place EA -2 9,850.00 $ (19,700.00) 4 3/4" service tap, install on 12"-16" waterline, complete in place EA -14 1,050.00 $ (14,700.00) 5 1" service tap, install on 8"-16" water line, complete in place EA 0 1,200.00 $ - 6 1.5" service tap, install on 8"-16" water line, complete in place EA 3 1,425.00 $ 4,275.00 7 2" service tap, install on 8"-16" water line, complete in place EA -2 2,225.00 $ (4,450.00) 8 Reconnect service -short & long side, all depths EA -18 749.00 $ (13,482.00) 9 Extra length for service laterals after 10' LF -170 11.00 $ (1,870.00) 10 Install 16" tee, to any size, complete in place EA 8 3,250.00 $ 26,000.00 11 Install 4" to 8" tee, to any size, complete in place EA -2 2,200.00 $ (4,400.00) 12 Extra Cement stab. Sand backfill 2.0 sacks/tn TON -307.39 33.00 $ (10,143.87) 13 Point rpr/obst. Rmv - pipe bursting, all depths EA -7 1,275.00 $ (8,925.00) 14 Well point, all depths, extra length over 20 LF EA -3 2,300.00 $ (6,900.00) 15 Well point, all depths, extra length over 20LF LF -82 29.00 $ (2,378.00) 16 Trench safety, all depths LF 757 11.00 $ 8,327.00 17 Install 16" mechanical joint wet connection, to any size, complete in place EA 6 3,550.00 $ 21,300.00 18 Install 10" wet connection to any size, complete in place EA -2 2,000.00 $ (4,000.00) 19 Install 12" wet connection to any size, complete in place EA 3 2,685.00 $ 8,055.00 20 Install 12" tapping sleeve, to any size, complete in place EA -4 3,875.00 $ (15,500.00) 21 Install 16" tapping sleeve, to any size, complete in place EA -1 4,000.00 $ (4,000.00) 22 Install 16" gate valve and valve box, complete in place EA -7 9,800.00 $ (68,600.00) 23 Post TV Inspection - included tapes and written report (to verify no sewer line damage from laterals) LF -1000 1.00 $ (1,000.00) 24 Relocate mailboxes, road signs, etc, as necessary to accomplish work EA -3 200.00 $ (600.00) 25 Rmv/rpl up to 5" concrete sidewalk/driveway (includes saw cutting, reinforcement) SY -200 129.00 $ (25,800.00) 26 Rmv/rpl up to 8" concrete sidewalk/driveway/pavement (incl. saw cut, reinf., base repair) SY -243 168.00 $ (40,824.00) 27 Rmv/rpl up to 2" HMAC, Type D (incl. saw cut, tack, coat, base repair) SY -96 115.00 $ (11,040.00) 28 1" rock with no fines for bedding (incidental to point repairs) TON 108.49 32.00 $ 3,471.68 29 Annular and void space grouting CY -50 85.00 $ (4,250.00) 30 Sodding SY 1050 5.00 $ 5,250.00 31 Remove and replace Fire Hyrdant assmebly, to include gate valve and box EA -4 3,100.00 $ (12,400.00) 32 Install new Fire Hydrant assembly, to include gate valve and box, complete in place EA 5 6,000.00 $ 30,000.00 33 Insertion Valves (6" thru 8") EA 5 8,190.00 $ 40,950.00 34 Insertion Valves (10" thru 12") EA 3 13,650.00 $ 40,950.00 35 16" Connection to 30" (Hanson) BAWA Transmission line LS 0 72,525.00 $ -

36 LS -0.44895 100,000.00 $ (44,895.00) Contingency allowance (to be used at the direction of the City Engineer) Pothole and exploratory digging LS 2 20,000.00 $ 40,000.00 Drill 16" HDPE LF 1270 339.00 $ 430,530.00 24" Steel Casing at Pipeline LF 130 75.00 $ 9,750.00 16" Insertion Valve EA 2 34,000.00 $ 68,000.00 Relocate/Replace Shipley's Donut sign EA 1 15,000.00 $ 15,000.00 8" MJ gate valve EA 2 2,750.00 $ 5,500.00 12" MJ Gate Valve EA 1 4,200.00 $ 4,200.00 Total $ 265,762.81

Contract Summary: Original Contract Price $ 1,260,945.00 Previous $ - This Change Order $ 265,762.81 Revised Contract Price $ 1,526,707.81

Original Contract Duration 240 Previous Extensions 365 This Change Order 0 Revised Duration - Calendar Days 605

Contractor Date Engineering Director Date

Consultant Date City Manager Date

BAYTOWN CITY COUNCIL MEETING 5. b. Meeting Date: 10/13/2016 Subject: First Amendment to the Interlocal Agreement with Harris County for the Construction of a Sidewalk Prepared for: Ignacio Ramirez, Legal Prepared by: Karen Horner, Legal Department: Legal

Information ITEM Consider an ordinance authorizing the First Amendment to the Interlocal Agreement with Harris County for the construction of a sidewalk.

PREFACE This proposed ordinance authorizes the First Amendment to the Interlocal Agreement with Harris County for the construction of a sidewalk.

Since 2008, the City and Harris County have operated under an agreement for Harris County to provide a fixed route bus service in Baytown. The City of Baytown was required to construct transit stops; however, the agreement did not require the installation of transit shelters. Therefore, the City has since entered into agreements with the County for the installation of shelters. The last such agreement was in January of 2013, which required the County to pay and deliver the shelters, and required the City to install them.

This First Amendment requires the City to construct a sidewalk of approximately 242 feet in length by approximately 10 feet in width on the southwest corner of Park Street at the existing Harris County bus transfer location west of the intersection of the Garth Road and Park Street intersection at a cost not to exceed $27,560.17. The local match for which the City is responsible totals $5,512, which may be paid with in-kind services.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: $5,512.00 Amount Needed: $5,512.00 Fiscal Impact (Additional Information): The amount needed will be paid with in-kind services.

Attachments Ordinance - First Amendment Exhibit A - First Amendment 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 HARRIS COUNTY FOR CONSTRUCTION OF A SIDEWALK AT THE SOUTHWEST CORNER OF PARK STREET AT THE EXISTING HARRIS COUNTY BUS TRANSFER LOCATION WEST OF THE INTERSECTION OF GARTH ROAD AND PARK STREET; AUTHORIZING PAYMENT OR AN IN-KIND MATCH IN AN AMOUNT NOT TO EXCEED FIVE THOUSAND FIVE HUNDRED TWELVE AND NO/100 DOLLARS ($5,512.00); 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 First Amendment to the Interlocal Agreement with Harris County for Construction of a Sidewalk at the southwest corner of Park Street at the existing Harris County bus transfer location west of the intersection of Garth Road and Park Street. A copy of said amendment is attached as Exhibit “A” and incorporated herein for all intents and purposes.

Section 2: That the City Council of the City of Baytown, Texas, authorizes payment or an in-kind match in an amount not to exceed FIVE THOUSAND FIVE HUNDRED TWELVE AND NO/100 DOLLARS ($5,512.00), pursuant to the amendment identified in Section 1 hereof.

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 13th day of October, 2016.

______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\2016\October 13\FirstAmendment2HarrisCountySidewalkImprovementsProject.doc Exhibit "A"

AMENDMENT TO THE AGREEMENT BETWEEN HARRIS COUNTY AND CITY OF BAYTOWN

THE STATE OF TEXAS § § COUNTY OF HARRIS §

This First Amendment to the Agreement is made and entered into by and between Harris County (the “County”), a body corporate and politic under the laws of the State of Texas, acting by and through its governing body, the Harris County Commissioners Court, and the City of Baytown acting by and through its governing body (“Baytown”). The County and Baytown are referred to herein collectively as “Parties” and individually as a “Party.”

Recitals

In January 2013, the County and Baytown entered into an agreement (the “Master Agreement”) to provide for the installation of bus stop shelters at fixed route bus stops in Baytown

The Parties now desire to amend the Master Agreement for the first time (“First Amendment”) to clarify its renewal and extension and to provide for the construction of a sidewalk.

Terms

I.

The Parties expressly acknowledge that the Master Agreement is incorporated herein by reference as though fully included word for word.

II.

The first renewal term of the Master Agreement starts upon execution of this First Amendment and shall remain in full force and effect for twelve (12) consecutive months. This Amendment may be renewed for four (4) additional one-year terms upon agreement of the parties.

III.

Baytown will build 15 shelters and sidewalks in accordance with “Shelter Locations” Exhibit A construct a sidewalk in accordance with Exhibit A attached hereto and incorporated herein by reference. The construction on the sidewalks will be completed in accordance with the Cost Estimates attached hereto as Exhibit B and incorporated herein by reference.

IV.

All other terms and provisions of the Master Agreement shall remain in full force and effect.

V.

Baytown shall be responsible for 20% of the Local Match requirement in the amount of Five Thousand Five Hundred Twelve and No/Dollars ($5,512.00) for additional work to be done as described in this First Amendment. The local match must be remitted to Harris County or provided in the form of “in-kind” match. Having previously accepted responsibility in the Master Agreement for One Thousand Three Hundred Thirty-Seven and No/Dollars ($1,337.00), Baytown’s total local match obligation under the Master Agreement and this First Amendment shall be Seven Thousand Forty-Nine and No/Dollars ($7,049.00). County shall reimburse Baytown within thirty (30) days after receipt of a reimbursement request that documents Baytown’s satisfaction of the Local Match requirements to the satisfaction of the County. Baytown shall expend awarded funds in a consistent and timely manner. The County reserves the right to reduce any or all of the awarded funds due to untimely expenditure of said funds or Agreement non-compliance.

Baytown understands and agrees that County shall not be liable under any circumstances or any interpretations hereof for any costs under the Agreement until the Grant Funds are actually received by the County and only to the extent that such monies are actually received and certified available for this Agreement by the County Auditor, as evidenced by the issuance of a Purchase Order for Twenty-Two Thousand Eight Hundred Forty-Eight and 17/Dollars ($22,848.17). In the event these Grant Funds are discontinued or reduced during the Agreement term, the County shall not be liable for payment of any funds above the actual Grant Funds the County receives. If such a discontinuation or reduction occurs and the Parties are unable to renegotiate the Agreement upon mutually, acceptable terms, Baytown’s sole and exclusive remedy shall be to terminate this Agreement. Failure to certify funds or to certify sufficient funding or any reason shall not be considered a breach of the Agreement. Having previously certified Sixteen Four Hundred Seventy and No/Dollars ($16,470.00), the County’s total liability under this Agreement and First Amendment shall be limited to Thirty-Nine Thousand Three Hundred Eighteen and 17/Dollars ($39,318.17). Baytown understands and agrees that the maximum the County shall become liable to pay shall not under any conditions, circumstances, or interpretations thereof exceed the amount contained in the Purchase Order, the amount which is expected to be available pursuant to the award of the Grant Fund for any purpose under this Agreement, except to the extent additional funds are expressly made available for such purposes by the Commissioners Court of Harris County, at its sole option, and the Harris County Auditor certifies the availability of such funds for such expenditures. If the County does not make available additional funds, the sole remedy for Baytown shall be termination under this Agreement.

VI.

Execution. Multiple Counterparts: This First Amendment may be executed in several counterparts.

Page 2 of 3

Each counterpart is deemed an original. All counterparts together constitute one and the same instrument. Each Party warrants that the undersigned is a duly authorized representative with the power to execute this First Amendment.

CITY OF BAYTOWN HARRIS COUNTY

By: ______By:______RICHARD L. DAVIS DAVID B. TURKEL CITY MANAGER EXECUTIVE DIRECTOR, HARRIS COUNTY COMMUNITY SERVICES Date: ______DEPARTMENT

APPROVED AS TO FORM: APPROVED AS TO FORM: VINCE RYAN COUNTY ATTORNEY

By: ______By: ______Ignacio Ramirez, Sr. City Attorney Amy Samples Assistant County Attorney C.A. File 16GEN1115

Page 3 of 3

EXHIBIT A (shelter locations)

The City of Baytown will construct a sidewalk approximately 242 feet in length by approximately 10 feet in width on the southwest corner of Park Street at the existing Harris County bus transfer location west of the intersection of the Garth Rd and Park Street intersection at a cost not to exceed $27,560.17.

EXHIBIT B (Project Cost Estimate)

Exhibit A, Page Solo

Exhibit B, Page Solo

THE STATE OF TEXAS § § COUNTY OF HARRIS §

The Commissioners Court of Harris County, Texas, met in regular session at its regular term at the Harris County Administration Building in the City of Houston, Texas, on ______, with all members present except ______. A quorum was present. Among other business, the following was transacted:

ORDER AUTHORIZING EXECUTION OF THE FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN HARRIS COUNTY AND CITY OF BAYTOWN

Commissioner ______introduced an order and made a motion that the same be adopted. Commissioner ______seconded the motion for adoption of the order. The motion, carrying with it the adoption of the order, prevailed by the following vote:

Vote of the Court Yes No Abstain

Judge Emmett □ □ □ Comm. Locke □ □ □ Comm. Morman □ □ □ Comm. Radack □ □ □ Comm. Cagle □ □ □

The County Judge thereupon announced that the motion had duly and lawfully carried and that the order had been duly and lawfully adopted. The order adopted follows: IT IS ORDERED that:

1. The Harris County is authorized to execute on behalf of Harris County, the First Amendment to the Agreement between Harris County and the City of Baytown, to provide for the renewal of the Agreement for the construction of a sidewalk. The Amendment is incorporated herein as though fully set forth word for word.

3. All Harris County officials and employees are authorized to do any and all things necessary or convenient to accomplish the purpose of this Order.

BAYTOWN CITY COUNCIL MEETING 5. c. Meeting Date: 10/13/2016 Subject: Consider Authorizing an Interlocal Agreement with the Municipal Development District for the Pirates Bay Addition of an Aqua Loop Prepared for: Scott Johnson, Parks and Recreation Prepared by: Scott Johnson, Parks and Recreation

Information ITEM Consider an ordinance authorizing an interlocal agreement with the Municipal Development District for the Pirates Bay Water Park addition of an Aqua Loop/Aqua Drop slide.

PREFACE This proposed ordinance authorizes an interlocal agreement with the Municipal Development District for expenditures up to $450,000 for the Pirates Bay Water Park addition of an Aqua Loop/Aqua Drop slide.

The Aqua Loop slide will be the newest attraction at Pirates Bay Water Park. The new thrill slide is planned for the 2017 summer season.

Because of higher that projected construction cost, additional funding is needed to add the second slide (Aqua Drop) that is planned for this project. The additional slide will be an exciting addition to the water park. A third slide, a flat line slide can be easily added to the tower in the future.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: 2017 Acct Code: Source of Funds (Operating/Capital/Bonds): MDD Funds Budgeted Y/N: N Amount Needed: $450,000 Fiscal Impact (Additional Information):

Attachments Aqua Loop Budget Aqua Loop Budget Ordinance - MDD First amendment for Aqua Loop Project Exhibit A - MDD First Amendment for Aqua Loop Project Baytown Parks and Recreation Department AquaLoop Addition

Estimated Cost for New Slide Tower at Pirates Bay Waterpark

Quantity Unit Cost Cost 1 Baytown Electric 1 $115,000.00 $115,000.00 2 Kraftsman Concrete Work 1 $431,342.00 $431,342.00 3 WhiteWater Slide Cost 1 $1,065,068.00 $1,065,068.00 4 Hand Rails 1 $10,000.00 $10,000.00 5 Cool Brellas (3 installed) 1 $16,646.00 $16,646.00 6 Landscaping 1 $25,000.00 $25,000.00 7 Progressive Commercial Aquatics 1 $877,856.00 $877,856.00 8 8' Black Vinyl Fencing 1 $10,000.00 $10,000.00 9 4' Post and Net Fencing 1 $6,000.00 $6,000.00 10 Contingency 1 $43,088.00 $43,088.00 11 $0.00 $0.00 12 13 14 15 Funding available 1 -$2,150,000.00 -$2,150,000.00 16 17 Total $450,000.00

9/21/2016 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 FOR FUNDING OF PIRATES BAY WATER PARK AQUA LOOP PROJECT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT; 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 First Amendment to the Interlocal Agreement for Funding of Pirates Bay Water Park Aqua Loop Project with the Baytown Municipal Development District. 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 13th day of October, 2016.

______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\2016\October 13\MDD1stAmendment4AquaLoopProject.doc Exhibit "A"

FIRST AMENDMENT TO THE AGREEMENT FOR FUNDING OF PIRATES BAY WATER PARK AQUA LOOP PROJECT

STATE OF TEXAS § § COUNTY OF HARRIS §

This First Amendment (“First Amendment”) to that certain Interlocal Agreement for Funding of Pirates Bay Water Park Aqua Loop Project (the “Agreement”) effective On October 1, 2016, by and between the BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT, a political subdivision of the State of Texas, hereinafter called “District,” and the CITY OF BAYTOWN, a home-rule municipal corporation located in Harris and Chambers Counties, Texas, hereinafter called the “City” is made by and between the same parties on the date hereinafter last specified.

WHEREAS, the District desires to promote new or expanded business development within its boundaries; and

WHEREAS, District and City entered into the Agreement for Funding of Pirates Bay Water Park Aqua Loop Project; however, additional funding is necessary for the completion of the Project; and

WHEREAS, the District and the City desire to amend the Agreement for the additional funds necessary for the completion of the Project up to an amount not to exceed FOUR HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($450,000.00);

NOW THEREFORE, for and in consideration of the premises and mutual covenants herein contained, it is agreed as follows:

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

2. Amendments. Section 5 “Funds to be provided by the District” of the Agreement is hereby amended as follows:

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 SEVEN HUNDRED THOUSAND AND NO/100 DOLLARS ($700,000.00). 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.

3. Entire Agreement. The provisions of this First Amendment and the provisions of 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 First Amendment and the provisions of the Agreement, the provisions of this First Amendment shall control.

First Amendment to the Agreement for Funding of Pirates Bay Water Park Aqua Loop Project, Page 1 IN WITNESS WHEREOF, the parties have made and executed this First Amendment in multiple copies, each of which shall be an original and effective on the ___day of ______, 2016.

CITY OF BAYTOWN BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT

______RICHARD L. DAVIS 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

\\cobfs01\legal\Karen\Files\City Council\Municipal Development District\Contracts\Contracts 2016\FirstAmendment2AquaLoopCosts.doc

First Amendment to the Agreement for Funding of Pirates Bay Water Park Aqua Loop Project, Page 2

BAYTOWN CITY COUNCIL MEETING 5. d. Meeting Date: 10/13/2016 Subject: Construction of the Aqua Loop/Aqua Drop Project at Pirates Bay Prepared for: Scott Johnson, Parks and Recreation Prepared by: Scott Johnson, Parks and Recreation Department: Parks and Recreation

Information ITEM Consider an ordinance approving an expenditure through the Texas Local Government Purchasing Cooperative (BuyBoard) with Progressive Commercial Aquatics, Inc., for the installation and construction of the Aqua Loop/Aqua Drop Project at Pirates Bay.

PREFACE This proposed ordinance approves an expenditure through the Texas Local Government Purchasing Cooperative (Buy Board) in an amount not to exceed $893,356.00 with Progressive Commercial Aquatics, Inc., for the installation and construction of the Aqua Loop/Aqua Drop Project at Pirates Bay.

The Parks and Recreation Department plans to install an Aqua Loop and Aqua Drop thrill ride at Pirates Bay to be ready for the 2017 season. Due to the long lead time for the slide structure, Council approved the purchase of the slide tower and equipment from Whitewater West at its September 8th meeting. The quote included a $100,000 owner contingency to take care of any unforeseen expenses.

Progressive Aquatics will be responsible for the assembly and construction of the new slides and tower as well as all the aquatic components including plumbing and the needed pumps etc for the project. Construction is expected to begin in late October and will be ready in April; prior the the opening of the 2017 season.

This project is expected to provide a new and exciting thrill ride, provide additional shade and increase the park capacity by 150 guests.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: 2017 Acct Code: Source of Funds (Operating/Capital/Bonds): MDD and Operating Funds Budgeted Y/N: Amount Needed: $893,356.00 Fiscal Impact (Additional Information):

Attachments Indebtedness Certification - Progressive Commercial Aquatics Ordinance - BuyBoard Purchase for Installation Services

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF AN AMOUNT NOT TO EXCEED EIGHT HUNDRED NINETY-THREE THOUSAND THREE HUNDRED FIFTY-SIX AND NO/100 DOLLARS ($893,356.00) TO PROGRESSIVE COMMERCIAL AQUATICS, INC., THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE INSTALLATION AND CONSTRUCTION OF THE AQUA LOOP/AQUA DROP PROJECT AT PIRATES BAY; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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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 an amount not to exceed EIGHT HUNDRED NINETY-THREE THOUSAND THREE HUNDRED FIFTY-SIX AND NO/100 DOLLARS ($893,356.00), which includes ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100.000.00) as an Owner’s Contingency, to Progressive Commercial Aquatics, Inc., through the Texas Local Government Purchasing Cooperative (Buy Board) for the installation and construction of the Aqua Loop/Aqua Drop project at Pirates Bay.

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 less the owner’s contingency 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 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 13th day of October, 2016.

______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\2016\October 13\BuyBoardInstallationofSlidesforPiratesBay.doc

BAYTOWN CITY COUNCIL MEETING 5. e. Meeting Date: 10/13/2016 Subject: Consider Approval of Texas Sounds Contracts for the July 3rd & 4th Celebration and Grito Fest Prepared for: Scott Johnson, Parks and Recreation Prepared by: Scott Johnson, Parks and Recreation Department: Parks and Recreation

Information ITEM 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 July 3rd and 4th Celebrations and Grito Fest for 2017.

PREFACE This proposed ordinance authorizes the City Manager to negotiate contracts with Texas Sounds Entertainment for musical and emcee performances for the City of Baytown's July 3rd and 4th Celebrations and Grito Fest for 2017, in an amount not to exceed $155,000.00.

This ordinance allows the City Manager to enter into contracts with various artists as soon as agreements are reached in order to allow for artists to be booked without delay. Costs for these services will be paid with hotel occupancy tax revenues.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: 2017 Acct Code: 50320-74021 Source of Funds (Operating/Capital/Bonds): HOT Funds Budgeted Y/N: Y Amount Needed: $155,000.00 Fiscal Impact (Additional Information): 3rd and 4th of July $120,000.00 Grito Fest $35,000.00

Attachments

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 CELEBRATIONS 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.

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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 negotiate and execute contracts with Texas Sounds Entertainment for musical and emcee performances for the City of Baytown's July 3rd and 4th Celebrations and Grito Fest under terms and conditions acceptable to the City Manager and the City Attorney.

Section 2: That the City Council of the City of Baytown authorizes payment to Texas Sounds Entertainment in an amount not to exceed ONE HUNDRED FIFTY-FIVE THOUSAND AND NO/100 DOLLARS ($155,000.00) for the services specified in Section 1 hereof.

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 13th day of October, 2016.

______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\2016\October 13\TexasSoundsAgreement.doc

BAYTOWN CITY COUNCIL MEETING 5. f. Meeting Date: 10/13/2016 Subject: Consider Authorizing the Purchase of Playground Equipment Prepared for: Scott Johnson Prepared by: Scott Johnson, Parks and Recreation Department: Parks and Recreation

Information ITEM Consider an ordinance authorizing the purchase of playground equipment for the year 2017 from Total Recreation Products, Inc., representing GameTime Play Equipment through the Texas Local Government Purchasing Cooperative (Buy Board).

PREFACE

This ordinance authorizes the purchase of playground equipment for the year 2017 from Total Recreation Products, Inc., representing GameTime Play Equipment through the Texas Local Government Purchasing Cooperative (Buy Board) in the amount of $75,701.93.

Funding for the playground equipment comes from the MDD and operations capital budget. The purchase of the equipment includes discounts of $66,881.50. from GameTime. The equipment will be installed by Parks and Recreation Department employees and will be placed at the following locations: Item Cost Discount Amount Due Location Monarch Unit w/ shade $56,808.00 $28,379.00 $28,429.00 Travis Park Coastal Unit $30,632.00 $15,316.00 $15,316.00 Jenkins Park Dominica Unit $46,373.00 $23,186.50 $23,186.50 Britton Park Freight $8,770.43 $8,770.43 Total $75,701.93

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: 2017 Acct Code: 50210-84061 Source of Funds (Operating/Capital/Bonds): Capital Funds Budgeted Y/N: Y Amount Needed: $40,000.00 Fiscal Impact (Additional Information): Britton Park and Jenkins Park

Fiscal Year: 2017 Acct Code: 21505-85001-PRMD3410-85001 Source of Funds (Operating/Capital/Bonds): MDD Funds Budgeted Y/N: Y Amount Needed: $35,701.93 Fiscal Impact (Additional Information): Travis Special Needs Playground

Attachments Quote Indebtedness Certification - Total Recreation Products Ordinance - Purchase of Playground Equipment

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SEVENTY-FIVE THOUSAND SEVEN HUNDRED ONE AND 93/100 DOLLARS ($75,701.93) TO TOTAL RECREATION PRODUCTS, INC., THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE PURCHASE OF PLAYGROUND EQUIPMENT FOR 2017 PARK PROJECTS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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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 SEVENTY-FIVE THOUSAND SEVEN HUNDRED ONE AND 93/100 DOLLARS ($75,701.93) to Total Recreation Products, Inc., through the Texas Local Government Purchasing Cooperative (Buy Board) for the purchase of playground equipment for 2017 park projects.

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 13th day of October, 2016.

______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\2016\October 13\BuyBoardPlaygroundEquipment.doc

BAYTOWN CITY COUNCIL MEETING 5. g. Meeting Date: 10/13/2016 Subject: United Healthcare Third Party Administrator Contract Prepared for: Carol Flynt, Human Resources Prepared by: Leticia Brysch, City Clerk's Office Department: Human Resources

Information ITEM Consider an ordinance authorizing the renewal of an agreement with United Healthcare of Texas, Inc., as the carrier/administrator for the City of Baytown's medical and pharmaceutical claims.

PREFACE This proposed ordinance authorizes the renewal of an agreement with United Healthcare of Texas, Inc. (UHC) as the Administrator for the City of Baytown's medical and pharmaceutical claims in an amount not to exceed $407,076. There is a small decrease to the per employee, per month fee, that results in an annual savings of approximately $41,000. This is the second year of a three year agreement.

The City is self-insured. As a political subdivision, the City may not self-administer claims and therefore utilizes an administrator in managing the plan, processing medical and pharmaceutical claims, flexible spending accounts (FSAs), PPO network fees, RX fees, stop loss fees and legislative fees mandated by the Affordable Care Act (ACA). The contracted rate includes the UHC administrative fees.

The City has implemented a long-term strategy designed to encourage employees to make healthy lifestyle choices as well as effectively utilize their healthcare coverage and the City of Baytown Employee Wellness Center. The long-standing relationship with UHC has proven to be effective and efficient with respect to re-pricing, network access, provider discounts, customer service, and partnering to improve the health and wellness of our employees.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: 2017 Acct Code: 56010-75056 Source of Funds (Operating/Capital/Bonds): operating Funds Budgeted Y/N: Y Amount Needed: $407,076 Fiscal Impact (Additional Information):

Attachments Ordinance - TPA with United Healthcare AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE AGREEMENT WITH UNITED HEALTHCARE OF TEXAS, INC., AS THE ADMINISTRATOR OF THE CITY OF BAYTOWN’S MEDICAL AND PHARMACEUTICAL CLAIMS, FOR SPECIFIC AND AGGREGATE STOP LOSS COVERAGE, AND FOR NETWORK SERVICES ON BEHALF OF THE CITY OF BAYTOWN; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED SEVEN THOUSAND SEVENTY-SIX AND NO/100 DOLLARS ($407,076.00) FOR THE THIRD PARTY ADMINISTRATOR SERVICES; 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 renews the agreement with United HealthCare of Texas, Inc., as the administrator of the City of Baytown’s medical and pharmaceutical claims, for specific and aggregate stop loss coverage, and for network services on behalf of the City of Baytown.

Section 2: That the City Council of the City of Baytown authorizes payment to United HealthCare of Texas, Inc., in an amount not to exceed FOUR HUNDRED SEVEN THOUSAND SEVENTY-SIX AND NO/100 DOLLARS ($407,076.00), pursuant to the agreement renewed in Section 1 hereof.

Section 3: That for the administrative services, 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; 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 contractor to such decrease.

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 13th day of October, 2016.

______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\2016\October 13\TPAUnitedHealthCare.doc

BAYTOWN CITY COUNCIL MEETING 5. h. Meeting Date: 10/13/2016 Subject: Texas Municipal League IRP. Prepared for: Carol Flynt, Human Resources Prepared by: Leticia Brysch, City Clerk's Office Department: Human Resources

Information ITEM Consider an ordinance authorizing the renewal of an interlocal agreement with the Texas Municipal League Intergovernmental Risk Pool as the administrator for the City's property and casualty insurance.

PREFACE This ordinance authorizes payment to the Texas Municipal League (TML) Intergovernmental Risk Pool in an amount not to exceed $713,466. This represents a 3% decrease over last year.

TML is the administrator of the City's property and casualty insurance lines of business to include: property - both real and personal, flood, general liability, automobile, crime, errors and omissions, animal mortality, mobile equipment, hand-held equipment, boiler and machinery, and law enforcement liability. TML has worked as a partner with the City of Baytown to assist in managing these insurance lines through the Intergovernmental Risk Pool's interlocal agreement for over twenty years.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: 2017 Acct Code: 11920 Source of Funds (Operating/Capital/Bonds): operating Funds Budgeted Y/N: Y Amount Needed: $713,466 Fiscal Impact (Additional Information):

Attachments Ordinance - Renewal with TMLIRP AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE INTERLOCAL AGREEMENT WITH TEXAS MUNICIPAL LEAGUE FOR THE ANNUAL LIABILITY AND PROPERTY INSURANCE PROGRAM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, AN AMOUNT NOT TO EXCEED SEVEN HUNDRED THIRTEEN THOUSAND FOUR HUNDRED SIXTY-SIX AND NO/100 DOLLARS ($713,466.00) FOR THE ANNUAL LIABILITY AND PROPERTY INSURANCE PROGRAM FOR PREMIUMS, REIMBURSABLE LOSSES, ADMINISTRATIVE FEES AND DEDUCTIBLES; 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 approves renewal of the Interlocal Agreement with Texas Municipal League for the Annual Liability and Property Insurance Program.

Section 2: The City Council hereby authorizes payment to the Texas Municipal League of an amount not to exceed SEVEN HUNDRED THIRTEEN THOUSAND FOUR HUNDRED SIXTY-SIX AND NO/100 DOLLARS ($713,466.00) for the Annual Liability and Property Insurance Program for premiums, reimbursable losses, administrative fees and deductibles.

Section 3: That pursuant to the provisions of Texas Local Government Code Annotated §252.048, the City Manager is hereby granted general authority to approve any change order involving a decrease or an increase in costs of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) or less, subject to the provision that the original contract price may not be increased by more than twenty-five percent (25%) or decreased by more than twenty-five percent (25%) without the consent of the Texas Municipal League to such decrease.

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 13th day of October, 2016.

______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\2016\October 13\RemewInterlocalAgreementTML4InsurancePrograms2016-17.doc

BAYTOWN CITY COUNCIL MEETING 5. i. Meeting Date: 10/13/2016 Subject: MidWest Employers Casualty Company Excess WC Coverage Contract. Prepared for: Carol Flynt, Human Resources Prepared by: Leticia Brysch, City Clerk's Office Department: Human Resources

Information ITEM Consider an ordinance authorizing Arthur J. Gallagher (AJG) Risk Management Services, Inc., as broker, to place the City’s Workers’ Compensation Excess Coverage.

PREFACE This proposed ordinance authorizes Arthur J. Gallagher (AJG) Risk Management Services, Inc., as broker, to place the City’s Workers’ Compensation Excess Coverage with MidWest Employers Casualty Company (MWECC) in an amount not to exceed $91,900 which represents the Workers’ Compensation Excess Premium of $69,400 and Arthur J. Gallagher Risk Service Fee of $22,500. This is a 12% increase due to increased payroll amounts.

The State of Texas Department of Insurance requires the use of a broker when placing Workers' Compensation Excess coverage; it may not be purchased directly. MWECC has been the carrier of the City of Baytown Workers' Compensation Excess coverage of the past eight (8) years, and they continue to provide excellent service.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: 2017 Acct Code: 56110-75056 Source of Funds (Operating/Capital/Bonds): operating Funds Budgeted Y/N: Y Amount Needed: $91,900 Fiscal Impact (Additional Information):

Attachments Ordinance - Excess WC Contract AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING ARTHUR J. GALLAGHER (AJG) RISK MANAGEMENT SERVICES, INC., AS BROKER, TO PLACE THE CITY'S WORKERS' COMPENSATION EXCESS COVERAGE FOR FY 2017; AUTHORIZING PAYMENT IN THE AMOUNT NOT TO EXCEED NINETY-ONE THOUSAND NINE HUNDRED AND NO/100 DOLLARS ($91,900.00) FOR THE EXCESS WORKERS’ COMPENSATION INSURANCE PROGRAM; 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 Arthur J. Gallagher (AJG) Risk Management Services, Inc., as broker, to place the City's Workers' Compensation Excess Coverage for FY 2017.

Section 2: That the City Council of the City of Baytown authorizes payment in an amount not to exceed NINETY-ONE THOUSAND NINE HUNDRED AND NO/100 DOLLARS ($91,900.00) for the services and coverage associated with the City’s Excess Workers’ Compensation Insurance Program authorized in Section 1 hereof.

Section 3: 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; 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 contractor to such decrease.

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 13th day of October, 2016.

______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\2016\October 13\ExcessWC.doc

BAYTOWN CITY COUNCIL MEETING 5. j. Meeting Date: 10/13/2016 Subject: Adopting the City of Baytown Personnel Policy Manual Prepared for: Carol Flynt, Human Resources Prepared by: Carol Flynt, Human Resources Department: Human Resources

Information ITEM Consider an ordinance repealing the existing City of Baytown Personnel Policy Manual and adopting a new City of Baytown Personnel Policy Manual.

PREFACE This proposed ordinance repeals the existing City of Baytown Personnel Policy Manual and adopting a new City of Baytown Personnel Policy Manual.

A full review and update of the Personnel Policy Manual has not occurred since the last adoption in 1986. Various policies have been added and/or amended over the years. During the past year, staff has engaged in a process to completely revise the Policy Manual. Human Resources drafted a new manual which the Department Directors reviewed, discussed, modified and then recommended to the City Manager's Office. The City Manager's Office also reviewed, discussed, and modified the manual. The Personnel Policy Manual that resulted from this collaborative effort is being presented to Council for approval.

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 - Adopt Personnel Policy Manual AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING THE EXISTING CITY OF BAYTOWN PERSONNEL POLICY MANUAL; ADOPTING A NEW CITY OF BAYTOWN PERSONNEL POLICY MANUAL; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.

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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 repeals existing City of Baytown Personnel Policy Manual in its entirety.

Section 2: That the City Council of the City of Baytown hereby adopts a new City of Baytown Personnel Policy Manual, which is attached hereto as Exhibit “A” and incorporated herein for all intents and purposes.

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 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 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 13th day of October, 2016.

______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\2016\October 13\AdoptPersonnelPolicyManual.doc Exhibit "A" City of Baytown

Personnel Policy Manual

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CONTENTS

CHAPTER 1. GENERAL PROVISIONS ...... 5 CHAPTER 1. SECTION 1: INTRODUCTION ...... 5 CHAPTER 1. SECTION 2: EQUAL OPPORTUNITY EMPLOYER ...... 6 CHAPTER 1. SECTION 3: DISCRIMINATION & RETALIATION-FREE WORK ENVIRONMENT POLICY ... 7 CHAPTER 1. SECTION 4: HARASSMENT-FREE WORK ENVIRONMENT POLICY ...... 8 CHAPTER 1. SECTION 5: SEXUAL HARASSMENT-FREE WORK ENVIRONMENT POLICY ...... 9 CHAPTER 1. SECTION 6: CODE OF CONDUCT ...... 10 CHAPTER 1. SECTION 7: PERSONNEL FILES ...... 10 Chapter 1. Section 7a: Employee Privacy ...... 10 Chapter 1. Section 7b: Responsibilities under Texas Public Information Act ...... 11 Chapter 1. Section 7c: Employee Access to Personnel Records and Management Files 11 Chapter 1. Section 7d: Current Address and Information ...... 11 Chapter 1. Section 7e: Confidentiality of Medical Information ...... 11 CHAPTER 1. SECTION 8: EMERGENCY CONDITIONS PERSONNEL POLICY ...... 12 CHAPTER 1. SECTION 9: DEPARTMENTAL POLICIES AND PROCEDURES...... 13 CHAPTER 2. RECRUITMENT AND EMPLOYMENT ...... 14 CHAPTER 2. SECTION 1: VACANCIES ...... 14 CHAPTER 2. SECTION 2: APPLICATIONS ...... 14 CHAPTER 2. SECTION 3: EVALUATION AND SELECTION OF APPLICANTS ...... 14 CHAPTER 2. SECTION 4: DISQUALIFICATION ...... 14 CHAPTER 2. SECTION 5: PROMOTIONS ...... 15 Chapter 2. Section 5a: Temporary Promotions ...... 15 Chapter 2. Section 5b: Transfers ...... 15 Chapter 2. Section 5c: Demotions ...... 16 CHAPTER 2. SECTION 6: RE-EMPLOYMENT ...... 16 CHAPTER 2. SECTION 7: AUTHORITY OF APPOINTMENT ...... 16 CHAPTER 2. SECTION 8: CATEGORIES & CLASSIFICATION ...... 17 CHAPTER 2. SECTION 9: NEPOTISM ...... 17 CHAPTER 2. SECTION 10: RESIDENCE ...... 19 CHAPTER 2. SECTION 11: MEDICAL EXAMINATIONS ...... 19 CHAPTER 2. SECTION 12: AGE REQUIREMENTS ...... 19 CHAPTER 2. SECTION 13: IMMIGRATION LAW REQUIREMENTS ...... 19 CHAPTER 2. SECTION 14: PROBATION ...... 20 CHAPTER 2. SECTION 15: NEW EMPLOYEE PROCESSING AND ORIENTATION ...... 21 CHAPTER 3. COMPENSATION AND WORK HOURS ...... 22 CHAPTER 3. SECTION 1: SALARY POLICY ...... 22 CHAPTER 3. SECTION 2: ADVANCE PAY ...... 23 CHAPTER 3. SECTION 3: RECORD KEEPING ...... 23 CHAPTER 3. SECTION 4: RELEASE OF PAYROLL CHECKS ...... 23 CHAPTER 3. SECTION 5: HOURS WORKED ...... 23 CHAPTER 3. SECTION 6: OVERTIME ...... 23 CHAPTER 3. SECTION 7: COMPENSATORY TIME AGREEMENT (COMP TIME) ...... 24 CHAPTER 3. SECTION 8: FLSA FLEX TIME ...... 24 CHAPTER 3. SECTION 9: EXEMPT EMPLOYEES ...... 24 CHAPTER 3. SECTION 10: STANDBY TIME ...... 25

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CHAPTER 3. SECTION 11: TRAVEL AND TRAINING TIME ...... 25 CHAPTER 3. SECTION 12: HOURS OF WORK ...... 25 CHAPTER 4. EMPLOYEE DEVELOPMENT ...... 26 CHAPTER 4. SECTION 1: PERFORMANCE MANAGEMENT...... 26 CHAPTER 4. SECTION 2: PERFORMANCE EVALUATION REVIEW ...... 26 CHAPTER 4. SECTION 3: TRAINING ...... 26 CHAPTER 5. EMPLOYEE BENEFITS ...... 28 CHAPTER 5. SECTION 1: EMPLOYEE HEALTH, WELFARE AND DEVELOPMENT ...... 28 CHAPTER 5. SECTION 2: HOLIDAYS ...... 28 CHAPTER 5. SECTION 3: VACATION ...... 29 CHAPTER 5. SECTION 4: SICK ...... 29 CHAPTER 5. SECTION 5: FAMILY AND MEDICAL LEAVE ...... 31 CHAPTER 5. SECTION 6: PAID ABSENCES ...... 33 Chapter 5. Section 6a: Training and Development ...... 33 Chapter 5. Section 6b: Civic Duty (Voting)...... 33 Chapter 5. Section 6c: Jury Duty ...... 33 Chapter 5. Section 6d: Witness ...... 34 Chapter 5. Section 6e: Emergency Leave for Funerals ...... 34 Chapter 5. Section 6f: Emergency Situations ...... 34 CHAPTER 5. SECTION 7: LEAVE WITHOUT PAY ...... 34 Chapter 5. Section 7a: Religious Observance ...... 34 Chapter 5. Section 7b: Military Leave ...... 35 Chapter 5. Section 7c: Tardiness ...... 35 Chapter 5. Section 7d: Absence Without Leave ...... 35 CHAPTER 5. SECTION 8: ON-THE-JOB INJURY LEAVE ...... 35 CHAPTER 6. CONDUCT ...... 37 CHAPTER 6. SECTION 1: ATTENDANCE ...... 37 CHAPTER 6. SECTION 2: WORK PERFORMANCE ...... 37 CHAPTER 6. SECTION 3: SAFETY STANDARDS ...... 38 CHAPTER 6. SECTION 4: POLITICAL ACTIVITY ...... 38 CHAPTER 6. SECTION 5: SOLICITATION ...... 38 CHAPTER 6. SECTION 6: SECONDARY EMPLOYMENT ...... 39 CHAPTER 6. SECTION 7: ACCEPTANCE OF GIFTS ...... 39 CHAPTER 6. SECTION 8: DISCLOSURE OF INFORMATION ...... 40 CHAPTER 6. SECTION 9: ABUSE OF CITY PROPERTY ...... 40 CHAPTER 6. SECTION 10: PERSONAL APPEARANCE ...... 40 CHAPTER 6. SECTION 11: ALCOHOL AND DRUG SCREENING PROCEDURES ...... 40 CHAPTER 6. SECTION 12: REHABILITATION PROGRAM ...... 41 CHAPTER 7. DISCIPLINE AND APPEALS ...... 42 CHAPTER 7. SECTION 1: GROUNDS FOR DISCIPLINARY ACTION ...... 42 CHAPTER 7. SECTION 2: TYPES OF DISCIPLINARY ACTION ...... 42 Chapter 7. Section 2a: Written Reprimand ...... 42 Chapter 7. Section 2b: Suspension ...... 42 Chapter 7. Section 2c: Demotion ...... 43 Chapter 7. Section 2d: Termination ...... 43 CHAPTER 7. SECTION 3: APPEAL OF DISCIPLINARY ACTION ...... 43

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CHAPTER 8. SEPARATION FROM EMPLOYMENT ...... 45 CHAPTER 8. SECTION 1: SEPARATION PROCESSING...... 45 CHAPTER 8. SECTION 2: RESIGNATION ...... 45 CHAPTER 8. SECTION 3: REDUCTION IN FORCE ...... 45 CHAPTER 8. SECTION 4: INCAPACITY ...... 45 CHAPTER 8. SECTION 5: JOB ABANDONMENT ...... 45 CHAPTER 8. SECTION 6: RETIREMENT ...... 45 CHAPTER 8. SECTION 7: TERMINATION ...... 46 CHAPTER 8. SECTION 8: DEATH ...... 46 CHAPTER 9. REINSTATEMENT ...... 47 CHAPTER 9. SECTION 1: EMPLOYEES RETURN FOLLOWING A (RIF) REDUCTION IN FORCE ...... 47 CHAPTER 9. SECTION 2: RETURN FROM MILITARY LEAVE ...... 47

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Chapter 1. General Provisions

Chapter 1. Section 1: Introduction This manual contains all Personnel Policies governing employment at the City of Baytown. The purpose of this manual is to provide employees with a comprehensive source of information on the formal policies and procedures to be followed. The policies themselves are designed to create a workplace that is efficient, united, responsive, and respectful. There are two documents that govern matters of personnel for the City of Baytown: this Personnel Policy Manual, and the Administrative Rules (in a separate document). Personnel Policies are developed by the Human Resources Department and must be approved by the City Council to take effect. These policies cover appointment, benefits, standards of conduct and termination, and other issues tied to employment instead of job tasks. Administrative Rules are developed by the Human Resources Department and approved by the City Manager. Administrative Rules deal mostly with on-the-job activities and procedures.

The general content of these policies includes equal employment opportunity, a work environment that is free of discrimination, retaliation, harassment, and sexual harassment, the code of conduct, emergency conditions, personnel files, and departmental policies and procedures. The Purpose of the Personnel Policy The purpose of the City’s Personnel Policy is to provide a consistent guide to personnel actions involving City employees. It is not intended to create contractual rights regarding employment, termination or other personnel actions. It is not intended to give specific guidelines for every conceivable personnel action, but rather to be a guide for resolving personnel matters. This document is sufficiently broad to provide the latitude of discretion which may be needed in individual situations. However, this degree of discretion shall not be permitted to violate the Policy’s intent. This Policy should be referred to regularly when making decisions affecting City personnel. It will help to ensure that decisions are fair, consistent, and in accordance with the desires of city management. At-Will Employment Employment with the City is for no fixed or definite term. All employment by the City has been and continues to be at-will, except for those positions that may have a written contract approved by the City Council. That means that both the employee and/or the City have the right to terminate employment at any time, with or without notice, and with or without cause. This Policy does not constitute a contract of employment. Nothing in this policy is intended to alter the continuing at-will status of employment with the City. Management Authority The City may modify, revoke, suspend, interpret, terminate, or change any or all of its policies and procedures, in whole or in part, at any time. Policy administration rests with City management and City management reserves sole authority to administer City operations. This policy manual supersedes any and all previous personnel policy manuals approved or utilized by the City of Baytown and becomes effective January 1, 2017.

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Responsibilities The general and final authority for human resource management rests with the City Manager, who may delegate it as necessary and proper, except for matters reserved to the City Council by State law or City Charter. The Director of Human Resources shall advise and support management in all areas, including employee-management relations; training and career development; classification; compensation; benefits; retirement programs; and employee health, safety and morale. The Director of Human Resources is delegated the responsibility for developing, administering, interpreting and maintaining the Personnel Policies and Administrative Rules. Department directors are responsible for enforcing these policies and for cooperating with the Director of Human Resources and his/her designee(s) on all matters pertinent to their organizational units. Department directors are responsible for maintaining a current copy of the policies in a form that is accessible and available to all employees in their department. All employees have a responsibility and role in the implementation of these policies and procedures. These personnel policies shall apply to all City employees, including full-time employees, part- time employees, temporary/seasonal employees, volunteers, and community service workers, except where these policies may be in conflict with federal, state, or local legislation. Enforcement of these policies is handled in the manner prescribed by the individual policies. These policies relate only to matters of personnel management and do not include any departmental procedures, standard practices, standing orders, or other technical matters. Supplemental rules for all City departments may be developed within the respective departments so long as these departmental policies do not conflict with City personnel policies and procedures. The City of Baytown’s Civil Service Commission adopts rules for all classified Civil Service personnel in the Fire and Police Departments. Where Civil Service policies are silent, the City of Baytown Personnel policies shall apply.

Chapter 1. Section 2: Equal Opportunity Employer The City of Baytown is an Equal Opportunity Employer of qualified individuals. The City commits that all applicants and employees will be treated equally without regard to race, color, religion, sex (including pregnancy, childbirth, or related medical conditions), national origin, age, disability, or genetic information, or any other factors that are not related to individual ability, job performance and potential to develop in the workplace. The only exceptions are based on bona fide occupational qualifications such as the age requirements regulated by the Civil Service Commission. The City promotes and values diversity in all aspects of the organization. Workforce diversity enables us to recruit, retain, promote, and tap the full potential of people. It is the diversity of our workforce, and the broad range of individual characteristics, beliefs, and values of our staff that characterize our fundamental approach to delivering the best service to our citizens. Diversity includes not only the areas of actual or perceived race, color, religion, sex (including pregnancy, childbirth, or related medical conditions), national origin, age, disability, or genetic information, but also extends to personal history, work experiences, education, job function, job tenure, personality, geographic origin, thinking style, leadership ability, and skill level. Our commitment is to build an inclusive work culture that recognizes and values the uniqueness of each of our employees. Our diversity philosophy is based on embracing every human being’s uniqueness. We respect, recognize, and value the contribution each one makes. We strive to promote, model, and reward attitudes and behaviors that demonstrate inclusiveness.

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The City has developed programs to ensure that employment decisions will be made to further the principle of equal employment opportunity. Employment actions include, but shall not be limited to the following: recruitment, employment, benefits, upgrading, promotions, demotions, transfers, leaves of absence, layoffs, terminations, rate of pay or other forms of compensation, selection for training, and social and recreation programs. To implement the necessary programs, the City Manager has assigned overall program responsibility to the Director of Human Resources to monitor all personnel activities occurring within the City. An employee or applicant with an equal opportunity related concern is encouraged to confidentially discuss the matter with the Human Resources Director or designee for advice, evaluation, and if warranted, investigation. The City takes its commitment to equal opportunity very seriously and believes that it is the responsibility of all employees to assist the City in meeting its goals through the development of a qualified, diversified workforce. The City will take disciplinary actions against individuals identified as discriminating or harassing any individuals because of race, color, religion, sex (including pregnancy, childbirth, or related medical conditions), national origin, age, disability, or genetic information, and in the same manner actions will be taken against individuals making false accusations due to the seriousness of the subject.

Chapter 1. Section 3: Discrimination & Retaliation-Free Work Environment Policy All City employees are entitled to a work environment free from discrimination and retaliation. Discriminatory treatment occurs when an individual uses a protected class (groups protected from employment discrimination by law) as a basis for an adverse employment action or decision. This policy covers allegations of race, color, religion, sex (including pregnancy, childbirth, or related medical conditions), national origin, age, disability, or genetic information discrimination in promotion, transfer, compensation, term, conditions, or privileges of employment. This policy also covers claims that an employee is being retaliated against for reporting a violation of law (whistleblower), opposing unlawful discriminatory employment practices, making a good faith complaint under this policy, or for participating in the investigation of such a complaint. The City considers discrimination and retaliation to be grave acts of misconduct and may subject the perpetrator to disciplinary action up to and including termination. Supervisors are accountable and have an obligation to pursue a discrimination and retaliation-free workplace environment. The City will investigate every report of an alleged incident made in the workplace and will take appropriate action. The result of that action may range from informal counseling to disciplinary action, up to and including termination, the first time such behavior occurs. Prior incidents of discrimination or retaliation may be considered when assessing the facts and circumstances of a later complaint. Every City employee shall support and enforce this policy. Supervisors who observe or know of a discriminatory or retaliatory situation, and fail to take corrective action, may be disciplined even if the behavior is not taking place in their work unit. Retaliation, in any form, against an employee for reporting a complaint in good faith under this policy, or for assisting in the investigation of such a complaint is prohibited. The City recognizes that Title I of the Americans with Disability Act of 1990 (ADA) and subsequent ADA Amendments Act of 2008 (ADAAA) prohibit covered employers from discriminating against a "qualified individual with a disability in any term, condition, or privilege of employment." The City has made a full commitment that it will not discriminate against any

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individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires. Furthermore, the City will make "reasonable accommodations" as long as it does not cause an "undue hardship” (as defined by the regulations) for the City. This policy applies to all applicants, employees, and employees seeking promotional opportunities. If you are an applicant or employee who requests an accommodation due to a disability, please contact the Human Resources Department.

Chapter 1. Section 4: Harassment-Free Work Environment Policy

All City employees are entitled to a workplace free from unlawful harassment by management, supervisors, co-workers, elected officials, volunteers, citizens, and other third parties. The City of Baytown will not condone and will not tolerate harassment of any of its employees on the basis of race, color, religion, sex (including pregnancy, childbirth, or related medical conditions), national origin, age, disability, or genetic information. (Sexual Harassment is dealt with by a separate policy and incidents should be reported to an employee’s Department Director or the Director of Human Resources, or designee, as provided in that policy). City employees are also prohibited from harassing citizens, vendors, and all other third parties.

Behavior constitutes harassment when it is unwelcome and unsolicited, offends or otherwise causes distress, and is undertaken because of an individual’s protected status. Harassment creates a negative atmosphere that reduces work productivity and morale, undermines the integrity of the workplace, and destroys professionalism. Harassment includes any unwelcome, unsolicited and/or unwanted behavior towards management, supervisors, co- workers, elected officials, volunteers, citizens, and other third parties, which offends, humiliates, embarrasses, intimidates, or otherwise causes distress because of a person’s race, color, religion, sex (including pregnancy, childbirth, or related medical conditions), national origin, age, disability, or genetic information, as well as any other category protected by federal, state, or local laws. Prohibited conduct includes, but is not limited to: epithets, slurs, and negative stereotyping; threatening, intimidating, or hostile conduct; denigrating jokes and comments; and writings, pictures, or electronic messages that single out, denigrate, or show hostility or aversion toward someone on the basis of a protected characteristic. Conduct, comments, or innuendos that may be perceived by others as offensive are wholly inappropriate and are strictly prohibited. This policy also prohibits sending, showing, sharing, or distributing in any form, inappropriate jokes, pictures, comics, stories, etc., via facsimile, email, internet, or any other communication medium.

Good faith employment actions do not constitute harassment. Good faith employment actions by a supervisor or manager such as, offering constructive feedback or criticism, holding employees accountable, and providing discipline, where appropriate, do not constitute, and should not make for, harassment or retaliation. These employment actions are aimed at enhancing workplace productivity and/or addressing work performance, and are within the responsibilities and obligations of all supervisors and managers. The City will investigate every report of an alleged incident made in the workplace and will take appropriate action. The result of that action may range from informal counseling to disciplinary action, up to and including termination, the first time such behavior occurs. Prior incidents of harassment may be considered when assessing the facts and circumstances of a later complaint. Every City employee shall support and enforce this policy. Supervisors are accountable and have an obligation to pursue a harassment-free workplace environment.

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Supervisors who observe or know of a harassment situation, and fail to take corrective action, may be disciplined even if the harassment is not taking place in their work unit. Retaliation, in any form, against an employee for reporting a complaint in good faith under this policy, or for assisting in the investigation of such a complaint, is prohibited.

Chapter 1. Section 5: Sexual Harassment-Free Work Environment Policy The City of Baytown prohibits sexual harassment of its employees by management, supervisors, co-workers, elected officials, volunteers, citizens, and other third parties. Sexual harassment negatively affects morale, motivation, and job performance. It is inappropriate, offensive, illegal and will not be tolerated. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: • submission to such conduct is either expressed or implied as a term or condition of an individual’s employment; • submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or • such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment. Prohibited conduct includes but is not limited to unwelcome verbal behavior such as comments, suggestions, jokes, or derogatory remarks based on sex; unwanted physical behavior such as pats, squeezes; visual harassment such as posting of sexually suggestive or derogatory pictures, cartoons, drawings or electronic messages, even at one’s work station; unwanted sexual advances, pressure for sexual favors and/or basing employment decisions (such as an employee’s performance evaluations, work assignments, or advancement) upon the employee’s acquiescence to sexually harassing behavior in the workplace. Supervisors are accountable and have an obligation to ensure that their employees are afforded the opportunity to work in an environment that is free from sexually discriminatory insults, ridicule, intimidation or other types of harassment. The condoning of a hostile work place by a supervisor is not conducive to the spirit and intent of the City’s commitment to ensuring fair and equal treatment of employees. Any employee who is aware of any instances of sexual harassment shall report the alleged act immediately using the processes outlined in Administrative Rules, Chapter 1, Section 5: Complaint Procedures. If the employee is uncomfortable in discussing the matter with the supervisor or if the supervisor is not available, the employee shall report the alleged act immediately to the Human Resources Director or designee. Supervisors and managers who receive a sexual harassment complaint shall contact the Director of Human Resources. The City does not tolerate sexual harassment, nor does it tolerate reprisals against an employee who makes a sexual harassment complaint. All complaints will be investigated promptly, impartially, and discreetly and, upon completion of the investigation, the appropriate parties will be notified immediately of the findings. Any supervisor, manager, director, or other employee who violates this policy is subject to disciplinary action, up to and including termination. Appropriate action will be taken with outside parties who are in violation with this policy. Any supervisor who receives a complaint of sexual harassment and fails to report or take corrective action pursuant to this policy also is subject to disciplinary action. All employees are responsible for reporting incidences of sexual harassment. Any employee who refuses to

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cooperate in the investigation, or who files a complaint of sexual harassment in bad faith, will be subject to disciplinary action up to and including termination. Retaliation, in any form, against an employee for reporting a complaint in good faith under this policy, or for assisting in the investigation of such a complaint, is prohibited. We trust that the employees will act responsibly to maintain a pleasant working environment, free of discrimination, allowing each employee to perform to his/her maximum potential. The City encourages any employee to bring questions he/she may have regarding discrimination of this type to the Human Resources Director or designee, Assistant Director of Human Resources or Director of Human Resources for guidance and clarification.

Chapter 1. Section 6: Code of Conduct All employees are required to adhere to Administrative Rules, Chapter 6, Section 1: Code of Conduct and Ethics in order to conform to what is deemed to be an acceptable standard of professional and responsible behavior. All City employees shall consistently maintain the highest standards of personal integrity, honesty, and trust in carrying out their duties; avoid real or perceived improprieties in their roles as public servants; and never use their City positions or authority to improperly obtain personal and/or professional gain. These guidelines shall apply at all times during the performance of City functions and include improper use of City equipment and/or City-issued items, as well as seeking and accepting gratuities. Any potential conflict of interest and/or circumstances that may present an ethical dilemma should be discussed with the appropriate supervisor(s) or Human Resources. Additionally, certain employees must comply with all applicable portions of City of Baytown “Code of Ethics” as codified in the City of Baytown Code of Ordinances, Chapter 2, Article VIII. An updated version of this ordinance can be obtained from the City Clerk’s Office. Where an employee holds a certification or a license that is required by their job description, they are also bound by the code of ethics of the certifying or licensing body.

Chapter 1. Section 7: Personnel Files The Human Resources Department shall maintain the official personnel files for all employees. Unless otherwise provided by law, personnel files and information contained therein shall be confidential and may not be used or divulged for purposes not connected with City personnel management except with the permission of the employee involved. Nothing herein shall prevent the dissemination of impersonal statistical information. Department Directors shall report changes in personnel status of their employees in accordance with procedures developed by the Director of Human Resources.

Chapter 1. Section 7a: Employee Privacy The City has a policy of respecting the dignity and worth of each individual employee while expecting that each employee shall offer his/her loyalty, respect and best efforts in return. However, as public sector employees supported by public funds, employees should not expect privacy in their work, workstations or any city owned property including vehicles, and/or anything that belongs to the City used to produce that work. The City shall demonstrate its concern for individual dignity by minimizing its intrusion into the employee’s off-the-job conduct except where it impacts the public’s safety or brings disrepute to the City. However, the City shall retain its duties and privileges as an employer consistent with good business practices. This includes collection, retention, use, disclosure, and confidentiality

PPM | 10 of employee information. The City shall comply with all requirements of federal or state law regarding confidentiality of medical information. All personnel files are subject to release under the Texas Public Information Act, unless an exception applies.

Chapter 1. Section 7b: Responsibilities under Texas Public Information Act All employees are responsible for a level of confidentiality that will preserve an environment that supports sincerity, honesty, and ethical behavior. As official government records, most types of communication, unless they fit an exception to disclosure, may be made available to the public upon written request in accordance with in the Public Information Act. Every employee is responsible for designating, in writing, whether any information about their home address, telephone number, or emergency contact information can be released under the Texas Public Information Act. A signed form shall be in the employee’s personnel file that states that this information is not to be released; otherwise, it is subject to release under this Act.

Chapter 1. Section 7c: Employee Access to Personnel Records and Management Files Employees have the right to review information in their Personnel Files. Human Resources shall limit the availability of personal information to those officials with a clear need to know.

Chapter 1. Section 7d: Current Address and Information Each employee is responsible for promptly notifying the Human Resources Department of changes in address, telephone number, marital status, and dependents. This responsibility includes employees on layoff status, sick leave, and any other type of leave of absence.

Chapter 1. Section 7e: Confidentiality of Medical Information Federal law requires that the City maintain all employee medical information in separate, confidential files. Therefore, in addition to personnel files, the City maintains a separate medical file for each employee. Information that may be provided to the City by an employee’s health care provider, and maintained in the confidential medical file, includes but is not limited to: • A note to justify an absence • A note to request a leave • A note to verify the employee’s ability to return to work • Medical records to support a claim for sick pay or disability benefits • Insurance records • Workers’ compensation records It is important that employees understand that the records are confidential but that the confidentiality may be waived when the employee provides medical information to his/her supervisor or the Director of Human Resources. When an employee provides information to his/her Supervisor, the Supervisor is expected to share the information only on an “as needed” basis to other members of management. In addition to protecting their own confidential medical information, employees must also respect the privacy and confidentiality of their co-workers’ medical information. Employees are expected to use discretion and judgment when dealing with such information and are to refrain from

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passing along information, gossip, rumors, or anything else that may constitute an invasion of a co-worker’s privacy or breach of confidence. The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting, or requiring, genetic information of an individual or family member of the individual, except as specifically allowed by this law. To comply with GINA, employees are directed not to provide any genetic information when responding to any City request for medical information. “Genetic information,” as defined by GINA, includes an individual’s family medical history, the results of an individual’s or family member’s genetic tests, the fact that an individual or an individual’s family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual’s family member or embryo lawfully held by an individual or family member receiving assistive reproductive services. It is unlawful for a covered entity to disclose genetic information about applicants, employees, or members. If the City acquires genetic information through the narrow exceptions allowed by this law, that information will be kept confidential and in a separate medical file. The genetic information may be kept in the same file as other medical information in compliance with the Americans with Disabilities Act (ADA). There are limited exceptions to this non-disclosure rule, such as exceptions that provide for the disclosure of relevant genetic information to government officials investigating compliance with Title II of GINA and for disclosures made pursuant to a court order. All employees are entitled to have personal and medical information kept private. Under no circumstances shall a City employee disclose protected health information regarding another City employee through the electronic mail system, any other electronic medium, the internet, or written correspondence. Unauthorized disclosure of personal health information may constitute a crime and shall subject an employee to immediate disciplinary action up to and including termination. Any employee who believes that the City is not complying with requirements of medical record privacy may submit a written complaint to the Director of Human Resources. The complaint must contain a description of the complaint and an explanation of the circumstances surrounding the complaint. Complaints may also be filed with the Secretary of the U.S. Department of Health and Human Services. No retribution or negative action shall be taken or tolerated because an employee files a complaint with the Director of Human Resources or the Department of Health and Human Services.

Chapter 1. Section 8: Emergency Conditions Personnel Policy This policy is established to promote the increased efficiency and economy in the service of the City. The citizens of Baytown depend on City employees before, during and after an emergency or disaster to provide quality customer service while maintaining and/or restoring essential public services for the health, safety and quality of life for our community. City employees demonstrate pride and a commitment to quality customer service by ensuring a continuation of public services during the essential periods of every emergency or disaster. All employees are required to adhere to Administrative Rules, Chapter 1, Section 8: Emergency Conditions which details the scope, responsibilities and implementation of the policy. This rule also sets out responsibilities of City employees before, during, and after disasters to ensure that City employees function as a team in preparing the City’s vital assets, maintaining essential City services and in restoring City services.

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Chapter 1. Section 9: Departmental Policies and Procedures Individual departments may develop supplemental personnel and administrative policies and procedures consistent with this manual. Prior to implementation, all departmental policies will be submitted to the Director of Human Resources (or designee) to ensure consistency with existing policies and administrative rules. Human Resources will partner with Departmental Directors to develop policies that align business needs with applicable standards.

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Chapter 2. Recruitment and Employment

Chapter 2. Section 1: Vacancies Departments shall notify Human Resources when a vacancy occurs in their department so that the City can attract and recruit high quality staff that reflects the diversity of the community and works well within our values-based organization, which promotes and supports the core values of Leadership, Integrity, Teamwork, Excellence, Respect, and Service. Human Resources will post notice of the position vacancy along with the requirements needed to perform the job. The intent of the job posting process is to enable all candidates to apply for those vacancies for which they feel they are qualified. An employee of the City of Baytown may refer a candidate for consideration. The employee would direct the candidate to review the job posting details and to follow the application process identified with the vacancy notice that has been posted. The Director of Human Resources, in conjunction with the Department Director, may waive the posting requirement in special situations, for example, a temporary employee who is trained and working at a job for an extended period of time. The City has a practice of promoting qualified candidates from within the organization whenever possible and as such, when filled from within the Department, posting requirements may be waived in special situations with approval of the Director of Human Resources. Entry-level City of Baytown Fire and Police Department personnel are classified as civil service employees. Therefore, all entry-level firefighters and police officers will be hired pursuant to Chapter 143 of the Texas Local Government Code, the City of Baytown Local Civil Service Rules, City of Baytown policy, and applicable Agreements. Entry-level City of Baytown Police Department personnel are classified as civil service employees. Therefore, all entry-level police department personnel will be hired pursuant to Chapter 143 of the Texas Local Government Code, the City of Baytown Local Civil Service Rules, and the rules of the City of Baytown.

Chapter 2. Section 2: Applications Completed applications for employment must be submitted through the system of record during the specified job posting period.

Chapter 2. Section 3: Evaluation and Selection of Applicants The Director of Human Resources shall develop standard operating procedures for the referral of applicants to the departments for final selection. The Human Resources Department will screen applications based on qualifications including education and prior experience, as it relates to the requirements of the open position. Reference checks, interviews, pre-employment physical examination, background investigations, written tests, and/or other screening procedures may be used to select the best qualified person for the position. Applications for vacancies are strictly confidential and access is restricted to those directly involved in the selection process including Human Resources staff.

Chapter 2. Section 4: Disqualification An applicant may be disqualified from consideration if he/she:

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a) Does not meet the qualifications necessary for the duties of the position b) Has made a false statement of material fact on the application form or supplements c) Has committed or attempted to commit a fraudulent act at any stage of the selection process d) Is not legally permitted to work e) Does not successfully complete all pre-employment procedures which include, but are not limited to: i. Background investigation ii. Physical, including drug screen iii. Driving record check Any applicant may be disqualified from consideration upon other reasonable grounds relating to job requirements.

Chapter 2. Section 5: Promotions A promotion is defined conceptually as the assumption of new job duties and responsibilities that are higher in character and scope than in the previous job. Compensation adjustments will be determined in conjunction with Human Resources and applicable compensation practices. Employees must be in their current position for six months before they are eligible for a promotion. However, this time requirement may be waived by the Director of Human Resources in coordination with the Department Director if the promotion/transfer would be in the overall best interest of the City. All promotions and promotional increases shall be coordinated with the Director of Human Resources. Departments involved in the transfer and/or promotion shall mutually agree on a date of the action. The maximum amount of time should be two weeks unless extenuating circumstances exist and at that time it will be a management decision in coordination with the Director of Human Resources.

Chapter 2. Section 5a: Temporary Promotions A temporary promotion may be authorized to ensure the proper performance of City functions if a position is vacant or its regular incumbent is absent for more than two (2) consecutive pay periods. Employees so promoted shall be additionally compensated for the duration of their assignments in amounts to be determined by the Director of Human Resources in coordination with the Department Director. Temporary promotions shall not be used to circumvent normal selection procedures. The employees involved shall not acquire any status or rights in the position to which temporarily promoted except as provided above. Nothing herein shall be construed to prevent the assignment of additional duties to an employee without additional compensation. Authorized additional compensation shall be paid only in cases of formal temporary promotion effected in accordance with these rules.

Chapter 2. Section 5b: Transfers A transfer is defined conceptually as the assignment of an employee from one position to another position of the same or similar grade. Transfers may be made administratively or in conjunction with an announced selection process. An interdepartmental transfer may occur at any time for administrative convenience or upon request of the employee, as approved by the Department Director and the Director of Human Resources, provided that the employee is qualified to perform the duties of the position to which transfer is contemplated.

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Departments involved in the transfer and/or promotion shall mutually agree on a date of the action. The maximum amount of time should be two weeks unless extenuating circumstances exist and at that time it will be a management decision in coordination with the Director of Human Resources.

Chapter 2. Section 5c: Demotions A demotion is the assignment of an employee from a position in one classification to a position in another classification having a lower salary grade. An employee may be administratively demoted at his/her own request. The demotion will be approved by the Director of Human Resources in coordination with the Department Director and the incumbent must be qualified to perform the duties of the lower level position. Such demotions shall not be considered disciplinary actions or disqualify the employee involved from consideration for later advancement. Demotions effected as alternatives to layoffs may be fully or partially rescinded at any time. Salary may be affected by a demotion and an employee may be required to start at the entry level of the lower position or at a set percentage above entry level, based on skills and experience.

Chapter 2. Section 6: Re-Employment To be considered for re-employment, a former employee must have demonstrated acceptable performance in their prior service with the City and must meet the minimum qualifications for the position for which they are applying. A former employee will not be eligible for re-hire with the City for six (6) months after the date of separation from the City except in the following instances: • The former employee was laid off due to a reduction in force; • The former employee was a temporary and/or seasonal employee; or • The former employee separated from the City for health reasons, provided their recovery is certified by their physician and by the City physician.

The Director of Human Resources may waive the six (6) month period if it is determined it is in the best interest of the City. Written documentation must be submitted by the Department Director to substantiate the request. Individuals who were terminated from the City, who resigned not in good standing or in lieu of discharge, who resigned pending the outcome of an investigation in which they were the subject of or party to, or who are not otherwise recommended for rehire, are generally not eligible for rehire. These individuals may only be considered for employment with the City of Baytown after discussion and agreement between the Director of Human Resources and the Department Director of the hiring department.

Rehired employees are subject to the conditions of employment and benefits of a newly hired employee.

Chapter 2. Section 7: Authority of Appointment Except as otherwise provided by Charter or Ordinance, the appointing authority for all City positions shall be the City Manager or his/her designee. Appointments shall be made based on the qualifications of applicants as ascertained through fair and practical selection methods.

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Chapter 2. Section 8: Categories & Classification Proper classification of employees is necessary to administer salaries, determine eligibility under the City’s benefit plans, and comply with employment and tax laws. The City offers full-time regular, part-time regular and temporary/seasonal employment opportunities to meet the organization’s staffing requirements. The City also uses temporary employment agencies, volunteers, and community service workers to provide flexible response to changing workload requirements. • Full-time regular – an employee in a budgeted position with an officially scheduled work week of 40 hours or more. Employees in these positions are eligible for the City’s benefits, subject to the terms, conditions and waiting periods of each program such as vacation, sick leave, holidays, health insurance, life insurance, retirement, worker’s compensation, etc. • Part-time regular – an employee in a budgeted position with an official work schedule of less than 40 hours. Employees in these positions are not eligible for any benefits except those which are legally mandated. • Temporary/Seasonal – an employee who is employed for only a specific time period, for a special assignment, or as an interim replacement. Employment assignments in this category are of limited duration (less than 1000 hours annually). Temporary/seasonal employees may be either full-time or part-time. Intern positions are included in this category. Employment beyond any initially stated period does not in any way imply a change in employment status. Temporary/seasonal employees retain that status unless and until notified of a change in writing by the Department Director and Human Resources. Temporary employees are not eligible for any benefits except those which are legally mandated, such as workers’ compensation. • Volunteer or Community Service Worker – an individual who provides services to the City without any expectation of compensation or financial gain. In addition to being in one of the above categories, each employee is also designated as either exempt or non-exempt in accordance with federal regulations for overtime and minimum wage requirements through the Fair Labor Standards Act (FLSA). • Exempt – an employee in a position that qualifies under one of the exemption categories (i.e., executive, administrative, professional, etc.) and is paid on a salary basis regardless of the number of hours worked in a pay period. The employees in these positions are exempt from the provisions of the FLSA’s minimum wage and overtime regulations. • Non-exempt – an employee who is not classified as “exempt” and is paid on an hourly basis for the number of hours worked in the work week. Employees in these positions are subject to the provisions of the FLSA’s minimum wage and overtime regulations. In cases where the exempt/non-exempt status of an employee is in doubt, the Human Resources Department will review position duties and responsibilities against FLSA exemption tests. The Human Resources Department will make the final decision in all cases.

Chapter 2. Section 9: Nepotism Nepotism is the showing of favoritism toward a relative. The practice of nepotism in personnel matters and the awarding of contracts are prohibited. Every employee must make full disclosure of any situation that involves or may involve a conflict between the employee and the interests

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of the City. Every employee has an obligation at all times to promote the best interests of the City. While it is impossible to list every circumstance that may create a possible conflict of interest, the following should serve as a guide to the types of activities that may cause conflicts of interest: a) Relatives of Local Elected Officials and the City Manager i. No person related to the Mayor, member of the City Council or City Manager within the second degree by affinity (marriage) or within the third degree by consanguinity (blood) shall be employed by the City or appointed to any office, position, or other service of the City. This prohibition shall not apply to officers or employees who have been employed by the City continuously for the time periods as required by Texas Government Code, Chapter 573, as the same may be amended from time to time. b) Relatives of City Employees ii. No employee may directly, or indirectly, supervise or be supervised by a member of his/her family who is related within the second degree of affinity or the third degree of consanguinity. iii. No employee shall hold a position within the City that would subject a family member to administrative, or supervisory authority over the work assignments, scheduling, working conditions, compensation and/or benefits when the relationship is within the second degree of affinity or the third degree of consanguinity. iv. In the event that marriage or cohabitation places employees in violation of this policy, they must report the matter to their Department Director and the Human Resource Director immediately. The affected employees will be given the opportunity to decide which of them will resign or transfer to a different Department or Division. If the employees fail to make the determination, the City reserves the right to transfer or dismiss one or both of the employees. v. “Step” relationships due to marriage will be recognized and covered by this policy.

The Human Resources Department may grant exceptions to this policy only for seasonal employees up to twelve (12) months. The City reserves the right to address on a case-by-case basis any additional relationships not already defined by this policy if such relationship presents an actual or perceived conflict of interest in the workplace as defined by City management. If there is doubt whether an existing or contemplated situation should be construed as creating a conflict, or about how to best correct it if it does, the individual must discuss the situation with their Department Director. Any existing relationships established prior to the date this policy takes effect may be grand- fathered to the following guidelines; however, should a grandfathered relationship present a future conflict, the City reserves the right to address the situation. Relationships by Consanguinity (Blood) An employee’s relatives within the third degree by consanguinity are: • First degree - His or her parent or child; • Second degree - His or her brother, sister, grandparent or grandchild;

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Third degree - His or her great-grandparent, great-grandchild, parents’ brother or sister (his or her aunt or uncle), or siblings’ children (his or her nieces and nephews). Relationships by Affinity (Marriage) An employee’s relatives within the second degree by affinity are: • Spouse or domestic partner • Anyone related by consanguinity to the employee’s spouse within the first or second degrees; or • The spouse of anyone related to the employee by consanguinity within the first or second degrees.

Civil Service employees are additionally governed by Civil Service Rules.

Chapter 2. Section 10: Residence There shall be no absolute residence requirement for City employment except as may be provided by Charter. Employees likely to be called to work in cases of emergency may be required to reside within reasonable commuting ranges of their places of work.

Chapter 2. Section 11: Medical Examinations Persons processed for initial hire or reinstatement shall undergo a medical examination including drug screen at the City's expense. Employment shall be contingent upon successful completion of the medical examination in relation to the standards of fitness required for the position involved. The Department Director, in coordination with the Director of Human Resources, may require that a current employee successfully undergo a medical examination to determine fitness for continued employment, promotion, or other personnel action.

Chapter 2. Section 12: Age Requirements Age limits are indicated in some job descriptions for various positions, upon the basis of bona fide occupational qualifications or statutory requirements. Where no age requirements are specified, the following shall apply: • No person under the age of 18 years of age shall be employed as an employee in any position requiring the operation of a motorized vehicle owned by the City or in positions of a hazardous nature. • No person under the age of 16 shall be employed unless a special program is approved by the City Manager or City Council. Within statutory limits and restrictions, minors (age 16 or 17) may be considered for employment in positions of non-hazardous nature. Occupations declared to be hazardous to persons between 16 and 18 years of age by the Department of Labor include: motor vehicle driver and outside helper on a motor vehicle, operating power-driven machines, operating elevators and power driven hoisting equipment, operating chain saws, circular saws and guillotine shears, excavation, and roofing related activities.

Chapter 2. Section 13: Immigration Law Requirements The City is committed to full compliance with federal immigration laws. These laws require that all individuals pass an employment verification procedure before they are permitted to work by

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providing satisfactory evidence of their identity and legal authority to work in the United States on the actual date of hire. Failure to provide appropriate documentation as required will result in the person not being accepted for employment, or if employed, terminated. Any employee working under a temporary work document must ensure Human Resources is provided prompt and proper information concerning expiration or renewals of work documents. Failure to provide renewed documentation will result in termination.

Chapter 2. Section 14: Probation Every person initially hired for a position in the City shall be required to successfully complete a probationary period of twelve (12) months. Existing employees promoted to a new position shall be required to complete a six month probation period. Completion of the probationary period does not change the employment-at-will relationship and either party may terminate the employment relationship at any time, with or without notice. Department Directors and supervisors shall use the probationary period to closely observe and evaluate the work and fitness of employees and to encourage adjustment to their jobs and the City service. Each employee serving in the probation period is responsible for knowing, understanding, and meeting the expectations and standards for the position. In addition, each employee is also responsible for performing the job in a safe, productive, and effective manner within the instructions and established standards for the position. Furthermore, employees are expected to maintain acceptable standards of conduct in their employment. During the probation period, it is the responsibility of the employee to correct any deficiencies or inadequacies in job performance or conduct. Only those employees who meet acceptable standards during their probationary periods shall be retained. Performance will be evaluated throughout the probationary period. The direct supervisor will provide feedback to an employee on probation as consistent with the City’s performance management practices. The probationary period may be extended if the employee is not fully meeting the acceptable standards at the end of the twelve month period. Human Resources will provide guidance regarding the decision to extend a probationary period. An employee is considered to have failed the probationary period when it is determined that the employee’s fitness, job performance, quality or quantity of work, attendance, or combination thereof, does not meet minimum job performance standards and expectations for the position. Failure of probation may occur at any time within the probationary period and shall not be considered part of the disciplinary process. An employee who fails probation will be separated from the City service. A newly promoted employee who fails probation may be returned to his/her former type of job, if available and approved by the Department Director, and may be eligible for consideration for later advancement. Department Directors shall ensure the thorough documentation of all cases of failure of probation. An employee failing probation shall have no right of appeal except on the grounds of discrimination prohibited by law: race, religion, color, age, sex, ethnic/national origin, disability or veteran’s status, in which case the employee may appeal in writing to the Director of Human Resources.

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Chapter 2. Section 15: New Employee Processing and Orientation The Hiring Manager and Human Resources staff will partner to ensure a successful orientation for all new employees. This will include successful completion of all required paperwork within applicable time periods. New Employee Orientation is scheduled regularly and provides the opportunity for each new employee to learn more about city programs and applicable policies. This formal orientation is required for all part-time and full-time employees.

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Chapter 3. Compensation and Work Hours

Chapter 3. Section 1: Salary Policy The City will strive to maintain a compensation system which is internally equitable and externally competitive with similarly sized and situated cities in Texas. The evaluation and classification of positions is a process used by the City to ensure positions with similar levels of responsibility and work value are allocated similar classification levels. This entails an understanding of the relationship of a specific position to others in the City and to the City’s objectives. The Director of Human Resources is responsible for annually preparing an analysis of prevailing salaries for similar positions in the competitive labor market, taking into account the variables which may be pertinent in establishing salaries or recommending changes to existing salary rates. The City Manager may recommend adjustments or revisions, including cost-of- living adjustments, to the City Council for approval as a part of the annual budget. The Human Resources Department handles administration of the salary policy. OFFICIAL JOB TITLES All positions shall be designated by official job titles. Official job titles shall be used in all personnel matters. Working or functional titles may be otherwise used as appropriate upon approval of the Department Director. SALARY PAY GRADES/RANGES Each position is assigned to a pay grade. Each pay grade has been assigned a salary range based on a range around market averages for similar positions. Within this framework, an employee’s initial salary will be determined by qualifications. PAY FOR PERFORMANCE In any given year, the City Council may fund a merit incentive program to aid in retaining quality employees and to reward employees for productivity and job performance. Employees will be eligible for the merit incentive program administered in the fiscal year according to the guidelines established for that year. LONGEVITY PAY Regular full-time non-civil service employees shall be entitled to four dollars ($4.00) per month for each year of uninterrupted service to the City, not to exceed twenty-five years. Longevity for civil service employees should be in compliance with the rates provided by Texas Local Government Code Chapter 143, or as amended by the collective bargaining agreement and the specific pay plan adopted by City Council. Part-time and temporary employees are not eligible for longevity pay. Longevity Pay shall be included in the employee’s regular rate of pay in computing the overtime pay rate. SEPARATION PAY All employees who leave the service of the City for any reason shall receive all pay which legally may be due them. Any indebtedness to the City, which the employee may have incurred, shall be deducted from the final paycheck(s). All employees who resign shall give at least two (2) weeks written notice before the effective date of resignation to leave in good standing. After the employee gives the two (2) weeks’ notice, the Department Director may waive the two (2) weeks’ notice at the City’s request, as deemed necessary. If the Department Director waives the two (2) weeks’ notice, the employee may be compensated for the two (2) week period.

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An employee should not plan to use extensive leave time during his final two (2) weeks’ notice period. The Department Director shall, at their discretion, allow the employee to use vacation, compensatory time or holiday leave during the two (2) weeks’ notice period as business needs allow. At the Director’s discretion any use of sick leave during the two (2) weeks’ notice must be accompanied by a physician’s excuse.

Chapter 3. Section 2: Advance Pay No full or partial advance payment of salary shall be distributed to any employee outside of a scheduled payday.

Chapter 3. Section 3: Record Keeping Department Directors will have full responsibility for reporting all hours worked for department employees which shall be maintained in the electronic attendance/payroll system.

Chapter 3. Section 4: Release of Payroll Checks An employee's payroll check will not be released to another individual without a signature on file in the Human Resources Department authorizing such action.

Chapter 3. Section 5: Hours Worked The Fair Labor Standards Act (FLSA) defines “hours worked” as all hours during which an employee is “suffered or permitted” to work. This includes any time during which the City knows or has reason to believe the employee is performing work of the City. All employees are required to work hours in excess of their official hours when necessary, as determined by department management. Such additional work assignments may be rotated and allocated among employees qualified to the work. Excess hours may be required or granted for a specified period of time, or on a regular basis as operating circumstances warrant. Employees are expected to respond to a reasonable request to work extra hours, and may be subject to disciplinary action for failing to stay or report for such hours. Unless approved in advance by an appropriate supervisor, a non-exempt employee is prohibited from performing work at any time other than, or in addition to, authorized working hours. This includes, but is not limited to, work before or after regular work hours, working through lunch or work taken or performed at home. Failure to receive appropriate prior approval may result in disciplinary action, up to and including termination.

Chapter 3. Section 6: Overtime The FLSA requires inclusion into the regular rate of pay “all remuneration for employment paid to, or on behalf of, the employee.” The regular rate of pay which is used to determine the employee’s overtime rate will include all remuneration paid to the employee. Overtime will be paid in compliance with applicable provisions in FLSA. The City has the right to require that overtime hours be compensated in the form of pay or compensatory time, as determined appropriate by the Department Director. If compensatory time is required by the Department Director or his/her designee, the employee shall be notified prior to overtime being worked. Overtime compensated monetarily shall be calculated as required by FLSA. Overtime compensated as compensatory time shall be calculated at the rate of one and one-half hours for each hour of overtime worked. All overtime to be worked must be approved in advance by the Department Director or his/her designee.

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Chapter 3. Section 7: Compensatory Time Agreement (Comp Time) The City has the right to award overtime pay in the form of payment or time off. Compensatory time off at one and one-half times the hours of overtime worked will be permitted in lieu of actual cash payment, which shall be determined by the City. This policy applies to all non-exempt employees, as well as Fire and Police personnel.

Chapter 3. Section 8: FLSA Flex Time Flex time is earned and used in the same work week/work cycle so that no actual overtime for the week will result. Department Directors and supervisors should schedule flex time where applicable for more efficient operation of the department and to minimize overtime. This policy applies to all non-exempt employees, as well as Fire and Police personnel.

Chapter 3. Section 9: Exempt Employees Exempt employees are those who are not covered by the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA). Accordingly, exempt employees are not legally entitled to overtime compensation for work performed beyond 40 hours in a workweek except as provided for under Administrative Rules, Chapter 1, Section 8: Emergency Conditions. Exempt employees are expected to put in the hours necessary to complete their assignments with an acceptable level of quality in a timely manner. “Docking” an exempt employee’s pay for a partial day’s absence will be permitted only as authorized by law and approved by the Department Director. Absent accrued paid leave time, an exempt employee need not be paid for any workweek in which he performs no work. In addition to tax withholding, social security, Medicare, insurance contributions and other deductions authorized by the exempt employee, the following deductions may be made: • Any full-day that the employee is absent from work for personal reasons, other than sickness or disability, and where the employee does not have available accrued paid leave; • Any full-day that an exempt employee is absent from work for sickness or disability if the deduction is made in accordance with the City’s sick leave policy, long-term disability plan, or applicable workers’ compensation law; • Suspension without pay for any amount of time for a violation of safety rules of major significance to the City. Such a violation would include a safety or health standard directly applicable to the City’s business; • Suspension without pay for one or more full days for serious workplace misconduct in violation of the City’s workplace conduct rules, including, but not limited to: violations of discrimination, harassment, workplace violence and drug and alcohol policies; • Days not worked during the employee’s initial or terminal weeks of employment if the employee did not work for the entirety of those weeks. (The employee’s salary will be pro-rated in proportion to the days or time worked.); and • Time the employee takes as unpaid leave under the Family and Medical Leave Act (whether it is a full-time leave, or intermittent leave, or reduced schedule leave). It is the policy of the City not to make improper deductions from an exempt employee’s pay. Any exempt employee who believes he has been, or likely will be, subject to an improper pay deduction must immediately notify Human Resources. The Human Resources Department will promptly investigate any such matter to determine whether there has been an improper deduction. If there has been an improper deduction, the City will ensure the exempt employee is

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promptly reimbursed for an improper deduction and will make a good faith commitment to comply in the future.

Chapter 3. Section 10: Standby Time All full-time employees who are waiting to be engaged (on call) and are subsequently called into service shall be paid from the moment they are on-site or clock in, if required, until the job is completed. This policy applies to all non-exempt employees.

Chapter 3. Section 11: Travel and Training Time The determination of whether time spent travelling or in training (classes, seminars, workshops, etc.) is compensable, will be based on applicable standards such as the FLSA. Generally, any training time that is required by the city will be considered work time. Daily commuting time to and from the employee’s normal work location is not considered work time. Administrative Rules, Chapter 3, Section 8: Travel and Training Time provides more detailed information to assist in making a determination.

Chapter 3. Section 12: Hours of Work The City shall establish the hours of employment in the City’s basic work week and establish pay periods and paydays to administer the payment of wages, salaries and overtime. Normal hours of operation for offices of the City are established by the City Manager. In order to assure the continuity of City service, it may be necessary for departments to establish appropriate operating hours. Work hours and shifts must be arranged accordingly and each supervisor is expected to manage work hours efficiently and effectively. Employees are expected to cooperate when asked to work overtime or a different schedule. Acceptance of employment with the City includes the employee’s acknowledgment that changing shifts or work schedules may be required and includes that they will be available to do such work as required. Any change in a non-exempt employee’s working hours must be approved in advance by the appropriate manager. Employees are not permitted to determine their own work schedule. Generally, working hours for employees shall be consistent from day to day and appropriate with the responsibilities of the position, and the needs of the department.

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Chapter 4. Employee Development

Chapter 4. Section 1: Performance Management The City of Baytown’s Performance Management Program is a management tool providing supervisors and managers with objective, job specific appraisal instruments to be applied using standardized procedures. Important administrative uses of the Performance Management Program in the City include: identifying employee training needs; guiding administrative decisions regarding promotions, re-assignments, disciplinary actions, merit pay increases and terminations. The employee performance management process is intended to accomplish the following objectives: • To enhance individual employee performance and ensure effective City operations. • To promote and support performance and behavior which is aligned with the City’s values-based culture. • To document both formal and informal performance discussions held with employees throughout their tenure. • To identify and enhance employee strengths and develop action plans to address areas of improvement. • To link employment decisions with employee performance when applicable.

An employee's failure to meet job requirements or failure to satisfactorily perform job duties may result in a performance improvement plan or disciplinary action, up to and including termination.

Chapter 4. Section 2: Performance Evaluation Review All employees during their probation period shall receive their first performance review within ninety (90) days of employment. Thereafter, employee job performance shall be reviewed at a minimum on an annual basis to evaluate job performance and facilitate communications between employees and supervisors. Employee performance reviews shall be in writing. Each supervisor will be required to file a performance review report for each employee with the Human Resources Department as part of the annual review process. If an employee is absent during the year for an extended period of time, the review may be delayed until sufficient time has passed in which to evaluate the employee's performance.

Chapter 4. Section 3: Training The City will provide appropriate training for City employees subject to available funding. All training must be aligned with City-wide training strategies or certification requirements for a specific job. Human Resources will sponsor City-wide training for areas of development deemed necessary for all or a large portion of City employees. Each Department can establish training for their specific needs. Employees and supervisors have a shared responsibility in the creation and implementation of an employee development plan. • Individual Employee Responsibility - Each employee is accountable for her/his job performance. Employees should request training from their supervisor in the areas that need improvement. At a minimum, employees should be able to perform their essential job duties and consistently exhibit behavior which is aligned with the City’s values.

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• Immediate Supervisor Responsibility – The immediate supervisor is responsible for the overall development of his/her employees. Supervisors shall identify areas for development and ensure training opportunities. Supervisors should ensure their employees are well trained to perform their job duties and deliver exceptional service delivery and customer service.

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Chapter 5. Employee Benefits

Chapter 5. Section 1: Employee Health, Welfare and Development The City provides a variety of benefits, services, and programs for employees. Some programs are provided according to law; others are provided at the option of the City. Eligibility for these programs may depend upon the type of position occupied. The Human Resources Department is responsible for administering the programs contained in this section. It is the responsibility of the Director of Human Resources to recommend additions, deletions, or modifications to benefit programs to the City Manager for review and approval. The City Manager is responsible for presenting benefit programs to the City Council for consideration during the annual budget process. City employees should become thoroughly familiar with all aspects of their benefits. The Human Resources Department is responsible for informing new employees of available benefits through the New Employee Orientation program. The Department also provides benefits information to employees in various plan description booklets and through organizational publications. Each department’s supervisory personnel should become familiar with fundamental aspects of the benefits programs in order to answer routine questions. Human Resources is available to answer questions of a difficult or technical nature or to provide individual counseling. For purposes of leave accruals, a day is defined as eight (8) hours except for Civil Service Fire employees who are assigned to a 24-hour shift which will be defined as twelve (12) hours.

Chapter 5. Section 2: Holidays The City provides full-time employees paid holidays during the fiscal year as approved by Council in the budget. Part-time, temporary and seasonal employees shall not be granted paid holidays. Effective January 1, 2017, holiday time will be paid or accrued on an 8-hour per day basis except for Civil Service Fire employees assigned to 24-hour shifts which will be paid or accrued on a 12-hour per day basis. Holidays may not be accumulated beyond 72 hours, or 108 hours for firefighter shift personnel. If the holiday falls on a Saturday, the preceding Friday shall be observed, and if a holiday falls on a Sunday, the following Monday shall be observed. As many employees as possible shall be given each holiday off while providing for the maintenance of essential City functions. An employee who is terminated for gross misconduct (e.g., positive drugs, theft, destruction of City property, job abandonment etc.) shall be ineligible for payment of accumulated holiday leave.

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Chapter 5. Section 3: Vacation Full-time non-civil service employees shall earn vacation leave for service after January 1, 2017, as follows:

Years of COB Service Vacation per Year

0 – 5 years 10 days 6 – 12 years 15 days 13 – 22 years 20 days Over 23 years 25 days

Civil Service employees shall earn vacation leave for service after January 1, 2017, as follows:

Years of COB Service Vacation per Year 0 – 17 years 15 days 18 – 23 years 20 days Over 23 years 25 days

The employee’s most recent hire date shall be used as the anniversary date for the purpose of calculating vacation accrual. Years of service is based on continuous employment with no break in service. Employees may carry forward up to two times their annual accrual rate. When an employee has reached his/her maximum allowed accrual amount, each pay period additional accruals will be added to the employee’s bank; and if not used during that pay period, the oldest accruals will be deducted to maintain the maximum allowed.

All vacation taken must be approved in advance by the employee’s supervisor. This approval will necessarily balance the needs of the City and the needs of the employee. When there are conflicting requests from employees, the supervisor will distribute the vacation fairly among the requesting employees. Employees are not eligible to take vacation during their first six months of employment unless authorized by the Department Director and the Human Resources Director. Upon separation from service, regular employees who have completed six (6) months of service with the City shall be paid for any accrued, but unused, vacation leave. All vacation leave is forfeited if the employee separates from employment prior to completion of six (6) months of employment with the City. Additionally, an employee who is terminated for gross misconduct (e.g., positive drugs, theft, destruction of City property, job abandonment, etc.) shall be ineligible for payment of accumulated vacation leave.

Chapter 5. Section 4: Sick

All full time employees shall earn 15 days of sick leave annually. Part-time and temporary employees shall not earn sick leave.

For non-civil service employees hired prior to January 1, 2017, accumulation of sick leave credits for use during employment for shall be limited to 120 days.

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For non-civil service employees hired after January 1, 2017, accumulation of sick leave credits for use during employment for shall be limited to 90 days.

When an employee has reached his/her maximum allowed accrual amount, each pay period additional accruals will be added to the employee’s bank; and if not used during that pay period, the oldest accruals will be deducted to maintain the maximum allowed. For Civil Service employees, accumulation of sick leave credits for use during employment shall be unlimited as provided in Chapter 143 of the Local Government Code and required by State law. In the event of rehire, sick leave credits will not be restored to an employee. Sick leave may be taken for the employee’s own personal illness, injury, legal or doctor-ordered quarantine, or routine health care appointments which cannot reasonably be scheduled outside working hours. Employees are eligible for up to five (5) days per calendar year in the event of an illness within the employee’s immediate family. An employee who becomes ill or injured on a previously scheduled vacation day may request that the time be recorded as sick time as opposed to vacation. In this scenario, the employee’s immediate supervisor or Department Director may request documentation verifying the illness or injury in considering the request.

NOTICE TO DEPARTMENT Notice of employee absence due to a non-job-related injury or illness must be given daily by the employee to that employee's immediate supervisor or Department Director. Failure to do so may cause the employee's absence to be charged to leave without pay. Emergency situations, which might prevent compliance with the provisions of this paragraph, shall be taken into consideration by the Department Director. Exceptions to the daily reporting requirement would be hospitalization, or a prolonged catastrophic illness, or a determination by the City that the absences qualify as Family and Medical Leave. ABUSE OF LEAVE TIME The number of sick leave days credited is not intended to establish a guideline for acceptable attendance. Claiming of sick leave benefits in excess of reasonable standards set by an attendance policy will constitute grounds for supervisory review. Likewise, evidence of the abuse of this benefit may constitute grounds for disciplinary action up to and including termination. Frequent claiming of sick leave, except as covered by the Family and Medical Leave Act, may constitute grounds for the Department Director to question if the employee is unable to perform the essential functions of the job. An employee’s supervisor may request documentation verifying the circumstances surrounding any use of sick time. Employees using more than three days of sick time in a quarter may be placed on medical certification at the Department Director’s discretion. Employees placed on medical certification shall be notified of this action and documentation of the notification will be forwarded to Human Resources. Each subsequent absence by an employee placed on medical certification will require documentation verifying the circumstances of their absence in order to receive pay for sick leave. EXHAUSTION OF BENEFIT After an employee’s accumulated sick leave has been exhausted, an employee shall first use compensatory time, and then personal holiday time, then vacation time, for circumstances that would qualify as sick leave.

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SEPARATION Full-time non-civil service employees who have completed five (5) years of service with the City, and are separated for non-disciplinary reasons, shall be paid for one half of their accrued sick days up to a maximum payment of 45 days calculated to the lowest whole day. Effective January 1, 2017, full-time non-civil service employees who have completed ten (10) years of service who are separated from the City for reasons other than gross misconduct (e.g., positive drugs, theft, destruction of City property, job abandonment, etc.), including death and retirement shall be paid for all accrued sick leave up to a maximum payment of 90 days. Employees hired prior to January 1, 2017, will be paid up to a maximum of 120 days upon death or retirement. Effective January 1, 2017, civil service employees separated from the City shall be paid for accumulated sick leave up to a maximum of 90 days as outlined in Chapter 143 of the Local Government Code and required by State law. Employees hired prior to January 1, 2017, will be paid up to a maximum of 120 days upon death or retirement.

Chapter 5. Section 5: Family and Medical Leave This policy is consistent with the Family and Medical Leave Act (FMLA) to enable employees to receive time away from work without pay for limited periods to attend to specified family needs or their own serious health condition with job protection and no loss of accumulated service. EMPLOYEE ELIGIBILITY The policy applies to all employees who have worked for the City for 12 months and for at least 1,250 hours during the 12 month period preceding the leave. Eligible employees may take up to twelve weeks of unpaid leave per a 12 month period for a qualifying event or up to 26 weeks of unpaid leave in a single 12 month period to care for a covered service member with a serious injury or illness. The employee may take intermittent or reduced leave (reduction in weekly work hours) with the permission of their supervisor or when medically necessary. The City also requires that employees use any available accrued leave (sick, vacation, comp time, holiday/personal holiday) prior to being granted unpaid leave. This paid leave satisfies part or all of the 12 week mandated family and medical leave. Workers’ Compensation, sick leave, vacation leave, compensatory time, and holiday/personal holiday will run concurrently with Family Medical Leave. Employees may use sick accruals prior to using other accruals when taking FML qualifying leave for a family member. Leave (paid or unpaid) for up to 12 weeks in a 12-month period is available under one or more of the following circumstances: • The employee’s own serious health condition that prevents him or her from performing the functions of his or her job. A serious medical condition is an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential medical facility or continuing treatment by a health care provider. • The employee’s serious health condition as a result of an on-the job injury that prevents him or her from performing the functions of his or her job. • The birth of a child and to care for the newborn child. This applies to both the mother and the father. The expectant mother may take FMLA leave for prenatal care or if the pregnancy makes her unable to work prior to the actual birth of the child. • The placement with the employee of a child for adoption or foster care. This leave must be given before the actual placement or adoption of a child if an absence from work is required for the placement for adoption or foster care to proceed.

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• The serious health condition of a parent, spouse, child under age 18, or an adult child who cannot care for him/herself. A “parent” need not be a biological parent provided that the individual acted as a parent to the employee. Similarly, the “child” need not be a biological child but may be adopted, foster, legal ward, or a child related to the employee whom the employee is raising. • A qualifying exigency arising out of the fact that your spouse, child, or parent is on active duty or called to active duty status in support of a contingency operation as a member of the Armed Services/National Guard or Reserves. The City of Baytown uses the rolling 12-month period measured backward from the date an employee uses any FMLA Leave under these circumstances. Leave (paid or unpaid) for up to 26 weeks in a 12-month period is available under the following circumstance: • To care for a spouse, son, daughter, parent, or next-of-kin covered service member with a serious illness or injury incurred in the line of duty on active duty. Next-of-kin is defined as the closest blood relative of the injured or recovering service member. This type of FMLA leave is also known as military caregiver leave or covered service member leave. The City of Baytown uses the rolling 12-month period measured backward for employees on FMLA leave under this circumstance. The FMLA military caregiver leave may only be used once during the employee’s tenure with the City of Baytown. No loss of seniority will occur while the employee is on a FMLA leave of absence. Group health benefits will be continued on the same basis as coverage provided if the employee had been continuously employed during the leave period. Therefore, any share of health benefit premiums, which had been paid by the employee, must continue. If the employee’s premium payment is more than 20 days late, coverage ceases. If coverage lapses because an employee has not made required premium payments, upon the employee’s return from leave the employee’s benefits will be restored and the employee will not be required to meet any qualification requirements. Employees are responsible for payment of their coverage premiums and other authorized payroll deductions while they are on a leave of absence without pay. After completion of twelve (12) weeks of leave under the Family and Medical Leave Act, or twenty-six (26) weeks of leave if applicable, if an employee is unable to perform the essential duties of their assigned position, reasonable accommodations may be made by the City to provide for the employee to perform such duties. If reasonable accommodations cannot be made and the employee is unable to perform the essential duties of his assigned position, they may be terminated. An employee shall not perform any outside work, engage in extra-duty employment, or vacation at any time when the employee is on leave under FMLA. Violations may result in denial of FMLA leave and disciplinary action up to and including termination. REINSTATEMENT Upon return from a family and medical leave of absence, the employee will be reinstated in the employee’s previous position, if available, or to a comparable position for which the employee is qualified. Employees on leave must notify their supervisor as soon as reasonably practical of availability and intent to return to work. An employee’s failure to return from leave, or failure to contact his/her immediate supervisor or Human Resources on the scheduled date of return, will be considered a voluntary resignation.

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If the employee on leave of absence is a salaried employee and is among the highest paid ten percent of City employees living within 75 miles of the City, and keeping the job open for the employee would result in substantial disruption to City operations, reinstatement to the position may be denied. The employee will be given an opportunity to return to work, however in a different job. SPOUSES EMPLOYED BY THE CITY If both spouses are employed by the City, and each wishes to take leave for the birth of a child, adoption or placement of a child for foster care, or to care for a parent (but not parent-in-law) with a serious health condition, the husband and wife may only take a combined total of 12 weeks of leave. If both spouses are employed by the City, and each wishes to take leave to care for a covered ill or injured service member, the husband and wife may only take a combined total of 26 weeks of leave. This limitation does not apply to leave for either the husband’s or wife’s own serious health condition or the serious health condition of a child.

Chapter 5. Section 6: Paid Absences The City may provide paid absences for such things as training and development, civic duty, death in immediate family, funerals, personal emergencies, administrative absences, and emergency situations.

Chapter 5. Section 6a: Training and Development With approval of the Director, a supervisor may grant an employee leave with pay when the employee is away from their job site but is performing a function related to his/her job. These functions include, but are not limited to, attending a professional conference, convention or training activity, legislative proceedings, or other purposes in the interest of the City.

Chapter 5. Section 6b: Civic Duty (Voting) The City encourages all employees to fulfill their civic responsibilities by participating in elections. However, all employees should make every effort to vote outside normal working hours. If employees are unable to vote in an election during their non-working hours, the City shall allow employees to use accrued vacation leave, compensatory leave, or flex hours for the number of hours necessary for the employee to vote. Employees should request time off to vote from their supervisor at least two working days prior to the election day so that necessary time off may be scheduled at the beginning or end of the work period, whichever provides the least disruption to the normal work schedule.

Chapter 5. Section 6c: Jury Duty An employee called for jury service shall be granted special absence with pay during such service and shall retain the fee paid by the courts. An employee excused or released from jury service during working hours shall report to his/her work station unless otherwise instructed by their supervisor. A copy of the jury summons shall be submitted to his/her supervisor.

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Chapter 5. Section 6d: Witness An employee will be excused with pay to fulfill his/her civic duty to testify as a witness in a judicial proceeding where the employee has no personal benefit when he/she is served with a subpoena. The employee should notify their supervisor as soon as they are served and provide a copy of the subpoena to their supervisor.

Chapter 5. Section 6e: Emergency Leave for Funerals An employee may be excused with pay in order to attend a funeral for a member of his/her family (within the second-degree consanguinity and affinity). Supervisors may require proof of funeral attendance and relationship to the deceased. Department Directors, after ascertaining the exact circumstances, may grant a full time employee up to five (5) working days of paid emergency leave for immediate family (husband, wife, son, daughter, father, mother) or up to three (3) days for all other family members within the second-degree consanguinity and affinity. Emergency leave shall not be charged against vacation or sick leave. If multiple deaths occur simultaneously within the family, a special exception to the allowance of five (5) days may be approved by the Department Director. Part-time and temporary employees may be granted unpaid emergency leave in the above circumstances.

Chapter 5. Section 6f: Emergency Situations During emergencies, a full-time or regular part-time (not seasonal) employee who is ordered not to report to work, to leave work early or who cannot report for work because of inclement weather or disaster may be granted administrative absence with pay by the City Manager.

Chapter 5. Section 7: Leave Without Pay City employees may be granted leave without pay for religious observance, to satisfy military service obligations, or in certain circumstances involving illness or injury. All leave accrual must be exhausted prior to receiving leave without pay. Leave without pay is granted as a matter of administrative discretion. No employee may demand leave without pay as a matter of right, but it may be granted to any regular employee. Leave without pay for personal reasons shall not materially affect normal business operations. While on leave without pay, an employee shall remain eligible for health insurance benefits; however, the employee’s portion of any premiums, supplemental insurance and dependent coverage must continue to be paid by the employee during such leave. Employees on authorized leave without pay status shall not accrue benefits. In circumstances not falling within other provisions of these rules, the City Manager may authorize an employee to take leave without pay under terms and conditions the City Manager determines appropriate. All leave must be requested through and approved by the Department Director and the Human Resources Director.

Chapter 5. Section 7a: Religious Observance With the approval of the employee’s supervisor, employees desiring to observe religious holidays not coinciding with official City holidays may be given time off to observe the religious holiday of their choice. The employees have the option to use their personal holiday, vacation or accrued compensatory time or be placed on leave without pay to observe the religious holiday of their choice.

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Chapter 5. Section 7b: Military Leave Military leave shall be granted in accordance with applicable State and Federal laws. The City of Baytown shall not discriminate in the employment or take any adverse action against any person who exercises rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA). Employment actions under this Act include initial employment, reemployment, retention in employment promotion, or any benefit of employment, for any person who is a member of, applies to perform, or has an obligation to perform service in, a uniformed service. This policy covers employees who serve in the uniformed services in a voluntary or involuntary basis, including active duty, active duty for training, initial active duty for training, inactive duty training, and full-time National Guard duty. Employees preparing to take authorized military leave shall furnish their Department Director with copies of military orders or other appropriate certification. The City will provide a paid leave of absence to employees who are members of the Armed Forces or a reserve component for authorized training or duty that is ordered by official military authority for not more than fifteen business (15) days in a fiscal year. Employees who have exhausted all available paid military leave may, at their option, use any other available paid leave time (i.e., vacation leave, holiday leave and compensatory time) to cover their absence from work. After an employee has exhausted all available paid military leave (including any other paid leave time that the employee chooses to use to cover a military absence), the employee will be placed on leave without pay. FMLA leave for a military qualifying exigency and/or military caregiver leave is covered in Personnel Policy, Chapter 5, Section 5: Family and Medical Leave.

Chapter 5. Section 7c: Tardiness Non-exempt employees may be docked for time not worked. Disciplinary action up to and including termination may result from tardiness in addition to being docked for time not worked.

Chapter 5. Section 7d: Absence Without Leave An employee failing to report for duty or remain at work as scheduled without proper notification, authorization, or excuse shall be considered absent without leave and shall not be in a pay status for the time involved. Absence without leave constitutes abandonment of duties, which may result in disciplinary action, up to and including termination.

Chapter 5. Section 8: On-The-Job Injury Leave An employee injured in the line of duty shall receive worker’s compensation or injury leave benefits under the terms and conditions prescribed in the applicable programs and as required by law. The State of Texas Workers’ Compensation laws provide that an employee who suffers a disability that results in lost duty days due to an injury while in the course of their employment may be entitled to “Income Benefits”. Disability occurs when the work-related injury or illness causes an employee to lose the ability to earn their pre-injury wage. Disability refers to an employee's inability because of a compensable injury to obtain or retain employment at wages equivalent to the pre-injury wage, not to a physical handicap. These income benefits are calculated at a rate of at least 70% of the employee’s weekly income prior to the injury. The worker must be disabled by the injury for at least seven (7) days to be eligible for income benefits. The employee becomes eligible for and begins accruing temporary

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income benefits on the eighth day of disability. Any payments made in error to the employee will be required to be repaid to the City. An employee who sustains an injury or illness in the performance of their duties will fully and promptly report, however minor, to his/her supervisor as soon as possible, but no later than the next business day in order for injury leave to be paid. Employees who suffer work-related injuries or illnesses that require medical attention may be subject to alcohol and controlled substance testing. The Human Resources Department will coordinate with the employee’s physician to determine whether the injury would allow an employee to perform modified work or other duties. Employees who are on leave will update their supervisor and/or Human Resources at regular intervals of the employee's status. Failure to maintain contact will be viewed as an unwillingness to cooperate and addressed through disciplinary action. If the workers' compensation injury meets the criteria for a serious health condition, injury leave will run concurrently with FMLA leave as indicated in Personnel Policy, Chapter 5, Section 5: Family and Medical Leave. An employee who is unable to perform the essential functions of his/her position due to a disability, injury, illness, or medical condition (and reasonable accommodation is not possible) and FMLA has been exhausted is not guaranteed a return to his/her position at the completion of his/her injury or illness. If, after consultation with Human Resources, a supervisor determines that a department's or division's productivity or ability to deliver services is adversely affected because of the vacancy in the position, the employee may be administratively removed from his/her position during his/her leave. When an employee who has been administratively removed from his/her position is able to return to work with the appropriate medical releases, that employee will be considered for any open position in the City for which that employee is qualified. Employees who are not disabled as defined by the ADA (as referenced in Personnel Policy, Chapter 1, Section 3: Discrimination & Retaliation-Free Work Environment Policy) will be required to compete for open positions.

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Chapter 6. Conduct

Chapter 6. Section 1: Attendance Employees shall be at their place of work in accordance with City and departmental policies and regulations. Department Directors shall establish work schedules and maintain daily employee attendance records. Supervisors will exercise the primary management-level responsibility to oversee employee attendance. Excessive absences, excessive tardiness, failure to report to work without reporting the reason to the immediate supervisor, failure to follow the procedures for requesting or using leave are undesirable performance factors and will be managed by supervisors who may use the disciplinary process up to and including termination if necessary.

Chapter 6. Section 2: Work Performance It shall be the duty of each employee to maintain high standards of cooperation, efficiency, and economy while working for the City. Department Directors shall organize and direct the work of their departments to achieve these objectives. If the work habits, production, and/or personal conduct of an employee fall below appropriate standards, supervisors should address the deficiencies at the time they are observed. Counseling and warning the employee, if there is sufficient time for improvement, should ordinarily precede formal disciplinary action. Where appropriate, the City maintains a practice of progressive discipline. The steps are outlined but not limited to the following: a) Verbal Warning/Counseling b) Written Reprimand c) Suspension - Days off without pay can be made by the supervisor after approval by the Department Director and approval by the Director of Human Resources or designee d) Reduction in Pay - Can be made by the supervisor after approval of the Department Director and approval by the Director of Human Resources or designee e) Demotion - Can be made by the supervisor after approval of the Department Director and approval by the Director of Human Resources or designee f) Termination - Can be made by the supervisor after approval of the Department Director and approval by the Director of Human Resources or designee g) Other actions may be taken by the Director as deemed appropriate. Nothing herein shall prevent immediate formal action up to and including termination, as provided elsewhere in the Personnel Policies, whenever the interest of the City requires. All written notices of disciplinary action should be signed by the supervisor and the employee. The notice should include a description of the employee’s conduct, action taken in response and, except in cases of dismissal, the likely consequences of further unsatisfactory conduct. All original written notices and documentation of disciplinary actions are to be forwarded to the Human Resources Department for inclusion in the employee’s personnel file. Disciplinary action does not automatically or permanently disqualify an employee from consideration for future promotion, pay increases or other beneficial personnel action. The employee shall have the opportunity to appeal only those disciplinary actions that result in suspension, demotion, involuntary termination or other loss of employment status, benefits or compensation. Appeals of adverse disciplinary actions are referenced in Personnel Policy, Chapter 7, Section 3: Appeal of Disciplinary Action.

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Chapter 6. Section 3: Safety Standards All employees of the City are required to comply with safety standards and guidelines established by the City and their respective departments.

Chapter 6. Section 4: Political Activity It is the policy of the City to encourage its employees to fully exercise their constitutional rights as citizens to vote and participate in political activities. Although the City encourages active participation in electoral activities, employees should be aware of certain provisions which apply to them. Except as may be otherwise provided by law or contract, the following restrictions on political activity shall apply to City employees: a) City employees shall not use their positions for or against any candidate for public office in any jurisdiction; b) City employees shall not use working hours or City property to solicit or attain any subscription, contributions, or political service, or to circulate any petition or campaign literature on behalf of any candidate for public office; and c) City employees shall not engage in any political activity, with or without remuneration that would constitute a conflict of interest with their City employment. All employees will refrain, while in uniform or on duty, from using their influence publicly and directly in any way for, or against, any candidate for elective office. No employee of the City will be required to participate in any City election on behalf of any candidate for City office, nor shall any City equipment be used by or on behalf of any political candidate.

Chapter 6. Section 5: Solicitation Solicitation is defined as any act or attempt to advertise, market, take orders, offer to sell, sell any product or service, or seek contributions for organizations, campaigns, or charitable purposes. Solicitations, including personal e-mail addresses, are not permitted by employees for personal profit during working time or at any time in working areas. An employee may not engage in solicitation of other employees while they are on duty. Solicitation shall not be permitted of or by City employees during work or business hours, other than for the following exceptions: a) Solicitation of funds for the purpose of parties, gifts, flowers, cards, or events for a City employee shall be permitted of or by City employees during work or business hours. b) Solicitation of funds for City sponsored functions and events for charitable purposes shall be permitted of or by City employees during work or business hours. c) Solicitation of funds shall be permitted for local, not-for-profit youth-sponsored events (i.e. school, band boosters, scouting). Solicitation of funds for these purposes shall be limited to placing order forms or products for employees to view at their leisure. Distribution of purchased goods shall only be permitted during lunch, or before or after work hours. For these types of solicitations use of city email or equipment to send mass and/or unsolicited communications regarding these activities is prohibited. No employee is required to make any contribution, nor will an employee be penalized in any way in connection with his/her employment according to his/her response to a solicitation of funds for City sponsored functions or events. Salespersons and vendors attempting to conduct unsolicited business with employees should contact the Human Resources Department. Human Resources will provide for distribution of discount flyers or handouts for all employees.

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Chapter 6. Section 6: Secondary Employment Each employee of the City shall understand that his position with the City is his primary occupation, and it shall take precedence over all secondary jobs at all times. City employees may engage in secondary employment provided they receive prior written approval from their Department Director. An employee who is working another job at the time of hire, and who intends to continue the other employment, must so advise the appropriate Department Director and receive written approval to continue the secondary employment. Approval must be placed in the employee’s personnel file in Human Resources. Failure to acquire approval could lead to disciplinary action. When engaged in secondary employment, the employee must notify the Department Director or designee in writing of the place and type of employment or business, and the hours of work. Secondary employment shall not be permitted if it will bring the City into disrepute, reflect discredit upon the employee as an employee of the City, or interfere/be in conflict with the performance of the employee’s City duties. Secondary employment will not be considered an excuse for poor job performance, absenteeism, tardiness, leaving early, refusal to travel, or refusal to work overtime or different hours. If secondary employment causes or contributes to job-related problems, it must be discontinued, and if necessary, disciplinary procedures will be followed to address the specific problems. An employee whose position requires him to occupy an “on-call” status shall recognize such status as an obligation to the City and shall fulfill that obligation if called to work for the City during these hours even while working at a secondary job. An employee shall not perform any secondary employment at any time when the employee is on FMLA leave, sick leave, disability leave, workers’ compensation leave, administrative leave, or an unpaid leave of absence, or on restricted or light duty. An employee shall not perform any secondary employment within eight (8) hours after the employee’s missed work period with the City due to the employee’s illness or injury. Any exceptions must be expressly authorized in writing by the Department Director and the Human Resources Director. No employee shall engage in any employment or business where the work performed by the employee or that of the employee’s agents is subject to approval/rejection, inspection, or licensing by the City except pursuant to authorized department policies. However, nothing in this section shall prohibit an employee from performing the same or other services that he performs for the City for a private or public organization if there is no conflict with his City duties and responsibilities. No employee shall engage in any employment or business on a matter which is or has been the subject of an investigation by the employee’s department within the last twelve (12) months, nor may the employee appear as a witness except by court order in any proceeding as a result of such employment. No employee shall identify himself with his position, department, or the City in the course of a sale or solicitation for sale of any goods or services or the advocacy of any policy, practice, standard or position not officially sanctioned by the City. These rules apply whether or not there is compensation for the work or employment.

Chapter 6. Section 7: Acceptance of Gifts Employees shall not directly or indirectly solicit, accept, or receive any gift if it could reasonably be perceived or inferred that the gift was intended to influence them in the performance of their official duties; or if the gift was intended to serve as a reward for any official action on their part. In many instances, businesses have a policy of giving gifts during the holiday seasons and

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return of such gifts could create unnecessary ill will for the City. Under these circumstances, gifts will be donated to appropriate organizations or made available for general employee consumption. Should any question concerning the procedure for disposing of a gift arise, the Department Director should be consulted. Employees should not take advantage of their position to secure gifts or special privileges either for themselves or others.

Chapter 6. Section 8: Disclosure of Information Disclosing information that could adversely affect any City property, business dealing, or any affair of the City, or using information gained while working in the City for the benefit of himself/herself or others at harm to the City, is prohibited.

Chapter 6. Section 9: Abuse of City Property The purpose of this section is to ensure proper care and accountability in handling City property and equipment. City property and equipment are to be used only by those authorized to use it. Use shall be limited to official City purposes and in the capacity for which it was assigned, except when otherwise directed by an appropriate supervisor or required by necessary circumstances. Misuse of City property may include, but is not limited to, negligent or intentional damage or destruction of City equipment or property, waste of materials or negligent loss of tools or materials, improper maintenance of equipment, or damage caused by use of tools or equipment for purposes other than that for which the tool or equipment was intended. Violations of any provisions within this policy will be grounds for disciplinary action, up to and including termination. In addition to being subject to appropriate disciplinary action, an employee may be responsible for the repair or replacement of any item lost or damaged by the employee.

Chapter 6. Section 10: Personal Appearance All employees, regardless of work location and degree of public contact, are expected to dress and groom appropriately and are expected to maintain a good general appearance at all times. Uniforms, as well as other attire, should be appropriate, clean, and pressed.

Chapter 6. Section 11: Alcohol and Drug Screening Procedures Being a public employer, the City is entrusted with the health and safety of its citizens. In keeping with this obligation, the City will administer the following types of alcohol and/or drug screening programs: • Pre-employment screening - individuals who seek employment with the City will be required to undergo drug screening procedures as part of the pre-employment physical examination. All applicants receiving a contingent offer of employment must successfully complete a urinalysis drug screen as part of the pre-employment medical examination. If the selected applicant is found to be positive for legal drugs, he/she must provide within 24 hours of request by the City Physician, a valid current prescription for the drug identified in the drug screen. If the prescription is not in the applicant's name or the applicant does not provide a current prescription, or if according to the City's designated Physician the drug is one that impairs the applicant's ability to perform the job duties, the applicant may be denied employment. • Reasonable suspicion testing, post incident/accident testing, random testing for safety sensitive positions -The City considers consumption of or being under the influence of drugs or alcohol while on duty just cause for disciplinary action, up to and including termination. The City also considers a positive drug screen indicating illegal drugs in the

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body to be just cause for disciplinary action up to and including termination. The City does not have the responsibility to prove impairment. All employees of the City have a right to work in a drug and alcohol-free work environment. The safety concerns as well as potential liability issues make it imperative that the City operate under these standards. In order to protect the safety of all employees and act in the best interest of the City, the Director of Human Resources shall outline specific policies and procedures to accomplish this purpose.

Chapter 6. Section 12: Rehabilitation Program The City recognizes that alcohol and drug abuse can be successfully treated. Therefore, the City provides a confidential Employee Assistance Program (EAP) for its employees and their dependents that have personal problems including, but not limited to, drug or alcohol dependency. Refer to Administrative Rules, Chapter 5, Section 1b: Discretionary Benefits. The City encourages the usage of the EAP as a source to assist the employee and dependents in identifying resources to resolve their problems. The Human Resources Department has further specific information on the EAP. Participation in a program does not limit the City’s right to seek reasonable assurances that no use of drugs or alcohol is currently occurring. In similar terms, the employee is subject to continued drug and alcohol screening at the discretion of the City. If an employee elects to self-identify as having an alcohol or drug related problem, is willing to immediately participate in and successfully complete a treatment program and agrees to being monitored through drug/alcohol tests at the discretion of the City, the City will make reasonable accommodations to assist the employee and will not take disciplinary action based on the self- identification. The City will request periodic proof of participation and drug/alcohol testing. Failure to comply with the provision or a positive test result indicating illegal drugs or alcohol in the system shall result in immediate termination. An employee may not make a self-referral in order to avoid a potential drug or alcohol test or disciplinary action.

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Chapter 7. Discipline and Appeals

Chapter 7. Section 1: Grounds for Disciplinary Action The City Manager, or designee, may take disciplinary action against an employee for just cause. Just cause shall be related to the job involved and shall include but not be limited to illegal, unethical, abusive, or unsafe acts; violation of City rules, regulations, policies, or procedures; insubordination; inefficiency; neglect or abandonment of duties; participation in prohibited political activity or solicitation; abuse of sick leave, injury leave, disability leave, or other benefits; tardiness or absence without leave; falsification of official documents or records; using or a presence in the system of illegal drugs or under the influence of intoxicating beverages while on duty; waste, damage, or unauthorized use of City property or supplies; unauthorized use or disclosure of official information; unauthorized or improper use of official authority; failure to respond to or cooperate with a City investigation.

Chapter 7. Section 2: Types of Disciplinary Action Formal disciplinary action taken shall be consistent with the nature of the deficiency or infraction involved and the record of the employee. Formal disciplinary action shall include written reprimand, suspension, reduction in pay, demotion, and termination. Any of the foregoing types of formal disciplinary action may be invoked for a particular deficiency or infraction, depending upon the exact circumstances. An employee may be formally warned at any time that he/she may be terminated or otherwise disciplined for further unsatisfactory performance and/or conduct. Nothing herein shall prohibit the administration of informal disciplinary action, such as oral reprimands, for just cause. Supervisors should meet privately with employees to discuss performance or behavioral problems when they first arise. Human Resources must be advised of and consulted prior to suspension or termination of an employee. Employees covered by civil service law will be covered by disciplinary procedures outlined in Chapter 143 of the Texas Local Government Code, to the extent civil service is different from these rules.

Chapter 7. Section 2a: Written Reprimand As a step in the discipline process, an employee may be reprimanded in writing. The written reprimand shall describe the deficiency or infraction involved and may state the likely consequences of further unsatisfactory performance and/or conduct. Human Resources is available for consultation and assistance in drafting or reviewing written reprimands. The signed written reprimand shall be forwarded to Human Resources for the employee’s official personnel file.

Chapter 7. Section 2b: Suspension A Department Director may suspend an employee without pay for disciplinary reasons, which will be reviewed by the Director of Human Resources or designee. A written notice of suspension must be given to the employee which describes the deficiency or infraction involved and should state the likely consequences of further unsatisfactory performance and/or conduct. The suspension shall be noted in the employee's official personnel file. When an employee is under investigation for a crime or official misconduct or is awaiting a hearing or a trial in a criminal matter, he/she may be suspended with or without pay for the

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duration of the proceedings when such suspension would be in the best interests of the City and the public. If the investigation or proceedings clear the employee, he/she shall be eligible for reinstatement under such terms and conditions as may be specified by the City Manager.

Chapter 7. Section 2c: Demotion An employee may be demoted upon the employee's request or for disciplinary reasons by the supervisor for inability to adequately perform the current job if an opening exists in a lower level position. This decision is an alternative to termination, at the discretion of the Department Director, based on the employee's prior proven work record and job performance. This action will be reviewed by the Director of Human Resources or designee. A written notice of demotion must be given to the employee which describes the deficiency or infraction involved and which states the likely consequences of further unsatisfactory performance and/or conduct. The demotion shall be permanently noted in the employee's official personnel file, but the employee shall not be disqualified from consideration for later advancement.

Chapter 7. Section 2d: Termination The Director of Human Resources or designee should be advised and consulted prior to termination of any employee. Termination may culminate the end of the disciplinary or poor performance process or may occur as the first step if the situation warrants it. Prior to dismissal, a City employee is entitled to a due process hearing with their supervisor and the Human Resources Director or designee. An employee terminated from City employment will receive a written notice of termination which describes the deficiency or infraction involved.

Chapter 7. Section 3: Appeal of Disciplinary Action An employee who is terminated, demoted, or suspended without pay may appeal that decision to the Director of Human Resources. Appeals must be requested in writing within five (5) business days of the employee’s receipt of a decision by the supervisor or Department Director. The Director of Human Resources will render a written decision to overturn the disciplinary action, uphold the disciplinary action or take different disciplinary action. To appeal the decision of the Director of Human Resources, the employee can appeal to the City Manager. The request must be made in writing within three (3) business days of the employee’s receipt of the decision made by the Director of Human Resources. The City Manager will render a written decision to overturn the disciplinary action, uphold the disciplinary action or take different disciplinary action. The decision of the City Manager shall be the final authority to the disciplinary appeal process. A copy of the written decision to the affected employee will be retained in the official personnel file. This policy is not applicable to probationary employees (Personnel Policy, Chapter 2, Section 14; Probation). If an employee fails to appeal an adverse disciplinary action within the time limits specified, fails to follow guidelines and/or procedures promulgated by this policy, fails to cooperate in the scheduling or preparation of the appeal meeting and/or fails to appear at any scheduled meetings, the employee’s appeal is considered void. The disciplinary action shall be final and non-appealable. Actions which are not appealable under this process are: • Verbal and written reprimands • Voluntary demotions

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• Positive drug and/or alcohol test results • Disciplinary actions taken against temporary/seasonal employees

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Chapter 8. Separation from Employment

Chapter 8. Section 1: Separation Processing All employees who separate from the City will need to return records, property and other instruments belonging to the City before the last day of employment in addition to completing any required separation paperwork. Human Resources will extend an invitation to each separating employee for an exit interview. If accepted, an appropriate interview schedule will be established. The exit interview is used to determine and document the reasons employees leave the City and to solicit constructive feedback to improve effectiveness and/or efficiency of City operations.

Chapter 8. Section 2: Resignation An employee may leave the City service in good standing by submitting his/her resignation with at least two weeks advance notice. The Department Director may waive any portion of the notice period. Please reference Personnel Policy, Chapter 2, Section 6: Re-Employment.

Chapter 8. Section 3: Reduction in Force It is the City of Baytown’s policy that a Reduction in Force (RIF) is to be considered as a last resort, to be used only after other alternatives to meeting the financial crisis have been considered. Prior to initiating a reduction in force, the City will give consideration to less drastic alternatives, such as, but not limited to, wage and hiring freezes, early retirement programs, salary reductions, transfers to new positions within the City and shifts from full time to part-time work as methods to solve the financial crisis.

Chapter 8. Section 4: Incapacity An employee may be separated for incapacity for medical reasons when the employee no longer meets the standards of fitness required for the position or can no longer perform the essential duties with or without an accommodation. A finding of incapacity shall be made through individual medical determination by a competent authority as determined by the Director of Human Resources. Separation for incapacity shall not be considered disciplinary action and shall not operate to deny an employee the use of any accrued illness, injury, disability, or other benefits.

Chapter 8. Section 5: Job Abandonment An employee who is unable to report to work at the designated time is required to notify his or her supervisor. Employees who fail to report to work without notifying their supervisor of an absence, and without just cause, will be considered absent without leave, and are subject to disciplinary action up to and including termination. If an employee is absent from work without notice for three consecutive work days, they are considered to have abandoned their job. A Notice of Termination shall be sent via certified mail to the employee’s last known home address in these circumstances.

Chapter 8. Section 6: Retirement Eligible employees may be separated by retirement in accordance with the requirements established by the Texas Municipal Retirement System (TMRS). Retiring employees may receive health/medical insurance and retirement benefits as prescribed in the applicable programs and approved by City Council.

All employees hired after January 1, 2010 are not eligible for retiree health/medical insurance except as provided for by law.

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For those employees hired prior to January 1, 2010, the following criteria determine the retiree's eligibility for health/medical insurance programs: • An employee must have contributed ten (10) years of continuous service to the City and • An employee must meet the retirement eligibility requirements established by the Texas Municipal Retirement System (TMRS) and be actively receiving benefits in the form of retirement compensation at the time employment with the City terminates.

Those employees who are eligible for health/medical insurance will be responsible for paying insurance premiums as defined in the two categories below.

All full-time employees (i) employed on or before December 31, 2003, without a break in service after such date, and (ii) retiring from the City of Baytown:

All Years of Service with the City of Baytown Premium paid by Retiree Less than 10 years Retiree pays 100% of Total Premium 10 or more years Retiree pays same premium as active employee

All full-time employees (i) hired on or after January 1, 2004, but before January 1, 2010, without a break in service and (ii) retiring from the City of Baytown:

All Years of Service with the City of Baytown Premium paid by Retiree Less than 15 years Retiree pays 100% of Total Premium At least 15 years but less than 20 years Retiree pays 75% of Total Premium At least 20 years but less than 25 years Retiree pays 50% of Total Premium 25 or more years Retiree pays same premium as active employee

Chapter 8. Section 7: Termination The City may terminate an employee as a result of unsatisfactory performance or conduct, violation of City policy, or for any reason and at any time, with or without notice.

Chapter 8. Section 8: Death If an employee dies while employed with the City, the beneficiary or estate will be paid all appropriate earned pay and payable benefits. This process will be coordinated by the Human Resources Department with assistance from the Finance Department and the Legal Department.

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Chapter 9. Reinstatement

Chapter 9. Section 1: Employees Return Following a (RIF) Reduction in Force An employee who was previously part of a Reduction in Force may be recalled to work at any time provided the person remains qualified to perform the duties of the position.

Chapter 9. Section 2: Return from Military Leave In general, if the employee has been absent from a position of civilian employment by reason of service in the uniformed services, he or she will be eligible for reemployment under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) by meeting the following criteria:

• The City had advance notice of the employee’s service; • The employee has five years or less of cumulative service in the uniformed services in his or her employment relationship with the City; • The employee returns to work in a timely manner as defined under USERRA; and, • The employee has not been separated from service with a disqualifying discharge or under other than honorable conditions.

Providing that the service member meets all criteria, the City of Baytown must provide the following:

• Prompt job reinstatement • Accumulation of seniority, including pension plan benefits • Reinstatement of health insurance • Training / retraining of job skills, including reasonable accommodations for a disability • Protection against discrimination To be eligible for protection under USERRA, the service member must report back to work or apply for reemployment within the following guidelines:

1-30 days of service ...... Report next scheduled work day 31-180 days of service...... Apply within 14 days after completion of service 181+ days of service...... Apply within 90 days after completion of service An employee reinstated following military leave shall be treated the same as an employee returning from leave of absence without pay and be entitled to the same benefits. Restoration of seniority and benefits shall be in compliance with State and Federal laws.

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BAYTOWN CITY COUNCIL MEETING 5. k. Meeting Date: 10/13/2016 Subject: Abandonment of (2) Easements on O N Highway 146 - Cedar Grove Park Prepared for: Leticia Brysch, City Clerk's Office Prepared by: Leticia Brysch, City Clerk's Office Department: City Clerk's Office

Information ITEM Consider an ordinance authorizing the abandonment and sale of the City’s interest in portions of (i) an underground 30' utility easement for sewer lines dedicated under H.C.C.F. No. G506198, and (ii) an underground 30' temporary construction easement dedicated under H.C.C.F. No. G502899, located on the property addressed as 0 N. Highway 146, to the property owner Cedar Grove Park LLC.

PREFACE Cedar Grove Park LLC (the "Petitioner") has petitioned for the abandonment of portions of (i) an underground 30' utility easement for sewer lines dedicated under H.C.C.F. No. G506198, and (ii) an underground 30' temporary construction easement dedicated under H.C.C.F. No. G502899, located on 0 N. Highway 146, which is located within its property.

The total area to be abandoned and conveyed by the City of Baytown to the Petitioner is as follows: Underground 30' Utility Easement dedicated under H.C.C.F. No. G506198 0.796 acre Underground 30' Temporary Construction Easement dedicated under H.C.C.F. No. 0.361 acre G502899 1.157 Total acreage acres

The submitted petition is complete and includes the required releases from Verizon Southwest, Comcast, LLC, and CenterPoint Energy. A copy of the petition and each release is included in the packet.

The City has reviewed the appraisal information provided by the Petitioner, and because the abandonment is for underground rights only, the following is staff's recommendation of fair market value of the easements: Underground 30' Utility Easement dedicated 0.796 acre or 1/2 of the $8,668.44 under H.C.C.F. No. G506198 43,530 Ft. Squared / appraised value acre (0.50) Underground 30' Temporary Construction 0.361 acre of 1/4 of the $1,965.65 Easement dedicated under H.C.C.F. No. 43,560 Ft. Squared / appraised value G502899 acre (0.25) Total amount due for the abandonment of both tracts: $10,634.09

Upon receipt of the payment for the fair market value of the easements, the City will deliver a quitclaim deed to the Petitioner, which evidences the city's abandonment of the easements.

RECOMMENDATION

Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact (Additional Information): Proceeds will be credited to the General Fund.

Attachments Abandonment Petition 2016 09 22 Ordinance - Abandonment of Easements Exhibit A - Property Description

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ABANDONMENT AND SALE OF THE CITY’S INTEREST IN PORTIONS OF (I) AN UNDERGROUND 30' UTILITY EASEMENT FOR SEWER LINES DEDICATED UNDER H.C.C.F. NO. G506198, AND (II) AN UNDERGROUND 30' TEMPORARY CONSTRUCTION EASEMENT DEDICATED UNDER H.C.C.F. NO. G502899, LOCATED ON THE PROPERTY ADDRESSED AS 0 N. HIGHWAY 146, TO CEDAR GROVE PARK LLC, CONTINGENT UPON THE RECEIPT OF CONSIDERATION AS EXPRESSED HEREIN; AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED UPON RECEIPT OF CONSIDERATION FOR THE ABANDONMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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WHEREAS, Cedar Grove Park LLC, (the “Petitioner”) has petitioned the City for the abandonment of portions of (i) an underground 30' utility easement for sewer lines dedicated under H.C.C.F. No. G506198, and (ii) an underground 30' temporary construction easement dedicated under H.C.C.F. No. G502899, located on the property addressed as 0 N. Highway 146; and

WHEREAS, the Petitioner has received releases from utility companies and the adjoining landowner(s) releasing their interests in the right-of-way subject to the abandonment petition; and

WHEREAS, the easements, subject to the petition for abandonment referenced herein, is no longer necessary for the City; and

WHEREAS, contingent upon the receipt of payment as detailed below and as required in Section 2-767 of the Code of Ordinances, Baytown, Texas, from Cedar Grove Park, LLC, the City is willing to abandon the above-referenced easements; NOW THEREFORE,

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

Section 1: That contingent upon the receipt of the consideration detailed in Section 2, the City Council of the City of Baytown, Texas, hereby authorizes the abandonment of portions of (i) an underground 30' utility easement for sewer lines dedicated under H.C.C.F. No. G506198, and (ii) an underground 30' temporary construction easement dedicated under H.C.C.F. No. G502899, located on the property addressed as 0 N. Highway 146, as more particularly described in Exhibit “A,” which is attached hereto and incorporated herein for all intents and purposes.

Section 2: That the City Council of the City of Baytown, Texas, hereby finds that the fair market value of the right-of-way described in Section 1 hereof is TEN THOUSAND SIX HUNDRED THIRTY-FOUR AND 09/100 DOLLARS ($10,634.09).

Section 3: That upon the satisfaction of the contingency referenced in Section 1 hereof, the Mayor is hereby granted the general authority to execute a quitclaim deed to the Petitioner.

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 13th day of October, 2016.

______STEPHEN H. DONCARLOS, Mayor

ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

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BAYTOWN CITY COUNCIL MEETING 5. l. Meeting Date: 10/13/2016 Subject: HGAC Purchase of a Schwarze Street Sweeper Truck for Public Works Prepared for: Kevin Harvill, Public Works Prepared by: Carla Hommel, Finance Department: Public Works

Information ITEM Consider an ordinance authorizing the purchase of a Schwarze Street Sweeper truck from Texan Waste Equipment Inc, d/b/a Heil of Texas through Houston-Galveston Area Council (H-GAC) for the Public Works Department.

PREFACE This proposed ordinance authorizes the purchase of a Schwarze Model A7 Tornado Regenerative Air Street Sweeper from Texan Waste Equipment Inc, d/b/a Heil of Texas, through H-GAC, for a total amount of $220,000.00. This is a replacement vehicle.

RECOMMENDATION Staff recommends approval

Fiscal Impact Fiscal Year: 2017 Acct Code: 35009-84043 Source of Funds (Operating/Capital/Bonds): Operating Funds Budgeted Y/N: Y Amount Needed: $220,000 Fiscal Impact (Additional Information):

Attachments H-GAC, Heil of Texas Ordinance - Sweeper Truck

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED TWENTY THOUSAND AND NO/100 DOLLARS ($220,000.00) TO TEXAN WASTE EQUIPMENT INC., D/B/A HEIL OF TEXAS, THROUGH THE HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) SCHWARZE MODEL A7 TORNADO REGENERATIVE AIR STREET SWEEPER 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 one (1) Schwarze Model A7 Tornado Regenerative Air Street Sweeper 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 TWO HUNDRED TWENTY THOUSAND AND NO/100 DOLLARS ($220,000.00) to Texan Waste Equipment Inc., d/b/a Heil of Texas, through the Houston-Galveston Area Council for the purchase of one (1) Schwarze Model A7 Tornado Regenerative Air Street Sweeper 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 13th day of October, 2016.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

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BAYTOWN CITY COUNCIL MEETING 5. m. Meeting Date: 10/13/2016 Subject: HGAC Purchase of Two (2) Freightliner Trucks for Public Works Prepared for: Kevin Harvill, Public Works Prepared by: Carla Hommel, Finance Department: Public Works

Information ITEM Consider an ordinance authorizing the purchase of two (2) 2017 Freightliner trucks from Houston Freightliner, Inc., through Houston-Galveston Area Council (H-GAC).

PREFACE This proposed ordinance authorizes the purchase of two (2) 2016 Freightliner trucks from Houston Freightliner, Inc., through H-GAC, for a total amount of $274,291.50.

These trucks include: one (1) 12-yard dump truck and one (1) asphalt patch truck.

The H-GAC fee of $1000.00 is assessed for the dump truck purchase order, and the H-GAC fee of $1500.00 is assessed for the asphalt patch truck purchase order. Both fees are included in the total cost.

One vehicle is a replacement vehicle (dump truck) and one is a new vehicle added to the fleet (asphalt patch truck). Both vehicles are more fully described in the attached spreadsheet.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: 2017 Acct Code: varies Source of Funds (Operating/Capital/Bonds): Operating Funds Budgeted Y/N: Y Amount Needed: $274,291.50 Fiscal Impact (Additional Information): 21121-84043 - $169,997.50 - Asphalt Patch Truck 30930-84043 - $104,294.00 - Dump Truck Attachments Asphalt Patch Truck Dump Truck Indebtedness Certificate Ordinance - HGAC Purchase of Freightliner Trucks

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED SEVENTY-FOUR THOUSAND TWO HUNDRED NINETY-ONE AND 50/100 DOLLARS ($274,291.50) TO HOUSTON FREIGHTLINER, INC., THROUGH THE HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF TWO (2) 2017 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 two (2) 2017 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 TWO HUNDRED SEVENTY-FOUR THOUSAND TWO HUNDRED NINETY-ONE AND 50/100 DOLLARS ($274,291.50) to Houston Freightliner, Inc., through the Houston-Galveston Area Council for the purchase of two (2) 2017 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 13th day of October, 2016.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

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BAYTOWN CITY COUNCIL MEETING 5. n. Meeting Date: 10/13/2016 Subject: Consider Authorizing the City Manager to Negotiate Software Contract for Fire/EMS Software Prepared for: Shon Blake, Fire Prepared by: Yvonne Gutierrez, Fire Department: Fire

Information ITEM Consider an ordinance authorizing the City Manager to negotiate a contract for the Fire/EMS software programs with ESO Solutions, Inc. for the implementation, on-site training (one-time training), annual support and software maintenance.

PREFACE The proposed ordinance authorizes the City Manager to negotiate the contract for the Fire/EMS software programs with ESO Solutions, Inc, for the implementation, on-site training, annual support and software maintenance. This includes Billing, Emergency Patient Care Reporting (ePCR), Fire, Personnel Management (PM) modules and the Health Data Exchange (HDE) services.

ESO Solutions, Inc., offers an integrated software with both EMS and Fire reporting capabilities and will replace the current software systems utilized for EMS and Fire reporting, which are currently non-integrated, separate software systems.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: FY16-17 Acct Code: 20210-84047 Source of Funds (Operating/Capital/Bonds): Operating Funds Budgeted Y/N: Y Amount Needed: $56,223 Fiscal Impact (Additional Information):

Attachments Sole Source Letter Quote for Software

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE A CONTRACT FOR THE FIRE/EMS SOFTWARE PROGRAMS WITH ESO SOLUTIONS, INC., FOR THE IMPLEMENTATION, ON-SITE TRAINING (ONE-TIME TRAINING), ANNUAL SUPPORT, AND SOFTWARE MAINTENANCE; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FIFTY-SIX THOUSAND TWO HUNDRED TWENTY-THREE AND NO/100 DOLLARS ($56,223.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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WHEREAS, Texas Local Government Code Annotated §252.022 provides that when a procurement is necessary to preserve or protect the public health or safety of the City’s residents, the requirements for competitive bids and proposals are not applicable; and

WHEREAS, the procurement of Fire/EMS software programs and related equipment and services will allow the City to maintain its DSHS provider license, which will be in jeopardy if the City does not meet the conditions of its provider license; and

WHEREAS, without a DSHS provider license, the City (i) could be required to cease its ambulance services or (ii) could be subject to fines and penalties; and

WHEREAS, the City Council of the City of Baytown hereby finds that the procurement of the Fire/EMS software programs and related equipment and services authorized herein are necessary 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 authorizes and directs the City Manager to negotiate a contract for the Fire/EMS software programs with ESO Solutions, Inc., for the implementation, on-site training (one-time training), annual support, and software maintenance, under terms and conditions acceptable to the City Manager and the City Attorney.

Section 2: That the City Council of the City of Baytown authorizes payment to ESO Solutions, Inc., in an amount not to exceed FIFTY-SIX THOUSAND TWO HUNDRED TWENTY- THREE AND NO/100 DOLLARS ($56,223.00) for the Fire/EMS software programs with ESO Solutions, Inc., for the Fire/EMS software programs 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 13th day of October, 2016.

______STEPHEN H. DONCARLOS, Mayor

ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

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BAYTOWN CITY COUNCIL MEETING 5. o. Meeting Date: 10/13/2016 Subject: Approval of CCPD Budget Amendment Prepared for: Ignacio Ramirez, Legal Prepared by: Karen Horner, Legal Department: Legal

Information ITEM Consider an ordinance approving an amendment to the FY2016-2017 budget of the Baytown Crime Control and Prevention District that reprogram $50,000 from fund balance to Machinery & Equipment (20601-84042) to purchase 110 body cameras, related equipment, and a three-year local storage plan.

PREFACE This proposed ordinance approves an amendment to the FY2016-2017 budget of the Baytown Crime Control and Prevention District that reprogram $50,000 from fund balance to Machinery & Equipment (20601-84042) to purchase 110 body cameras, related equipment, and a three-year local storage plan.

Funds in the amount of $50,000 to purchase the body cameras and equipment were budgeted in 20601-84042 Machinery & Equipment, FY2016 Budget. Due to a delay in manufacturing the equipment, the purchase will not occur during the FY2016 fiscal year. As a result, the funds will lapse to Fund Balance at fiscal year-end. A budget amendment is required in the FY2017 budget in order to re-appropriate funds for the purchase of these same body cameras.

The Board of Directors of the Baytown Crime Control and Prevention District will consider the amendment at its October 11th meeting.

RECOMMENDATION Staff recommends approval

Attachments Ordinance - CCPD Budget Amendment Exhibit A - CCPD Budget Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING A BUDGET AMENDMENT TO THE FISCAL YEAR 2016-17 BUDGET SUBMITTED BY THE BOARD OF DIRECTORS OF THE BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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WHEREAS, on the 7th day of July, 2014, after considering the proposed budget together with the testimony and information received at the public hearings, the Baytown Crime Control and Prevention District (the “District”) adopted its 2014-15 budget; and

WHEREAS, on the 28th day of August, 2014, the City Council, after holding a public hearing to consider the budget adopted by the Board of Directors of the District (the “Board”), approved the District’s 2014-15 fiscal year budget; and

WHEREAS, on the 11th day of October, 2016, the Board approved an amendment to the District’s 2016-17 fiscal year budget in order to reprogram FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) from fund balance to Machinery & Equipment (20601-84042) to purchase 110 body cameras, related equipment, and a three-year local storage plan; and

WHEREAS, pursuant to Section 344.205(f) of the Texas Local Government Code together with the procedures enacted by the Board for adopting a budget, the City Council must approve the amendment in order for the same to be in effect; and

WHEREAS, the City Council of the City of Baytown, after considering the submitted budget amendment believes that the amendment approved by the Board is consistent with the interest of the residents of the District; 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 are approved by the City Council of the City of Baytown, Texas.

Section 2: That the City Council of the City of Baytown, Texas, hereby approves the amendment to the 2016-17 fiscal year budget of the Board of the Baytown Crime Control and Prevention District, which amendments are attached hereto as Exhibit “A” and is incorporated herein for all intents and purposes for the District’s 2016-17 fiscal year.

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 13th day of October, 2016.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

R:\Karen\Files\City Council\Ordinances\2015\April 23\ApprovingAmendment2CCPD2014-15Budget.doc

2 "EXHIBIT A" BUDGET AMENDMENT

FISCAL YEAR 10/1/16 thru 9/30/17 DATE: 10/11/2016 Period 1 FUND 206-CCPD II FUND DIVISION 20601 Include in End of Year Budget Amendment CONTROL NUMBER Transfers Out - Journal Entry

TRANSFER FROM: CURRENT ADJUSTED DIVISION ACCOUNT ACCOUNT BUDGET AVAILABLE TRANSFER BUDGET NUMBER NUMBER NAME AMOUNT BALANCE AMOUNT AMOUNT 20601 Fund Balance 143,332.00 93,332.00 (50,000.00) 93,332.00 ------

TRANSFER TO: 20601 84042 Machinery & Equipment 106,440.00 106,440.00 50,000.00 156,440.00 ------

EXPLANATION: NOTE: ALL Budget Transfers must provide the following explanations. 1. Explain why there will be savings in the account transferring "From." 2. Explain the reason for the transfer.

Funds in the amount of $50,000 to purchase the body cameras and equipment were budgeted in 20601-84042 Machinery & Equipment for the FY2016 Budget and estimated expenditures included the spending of $50,000 in the projection of Fund Balance, going forward. However, due to a delay in manufacturing of the equipment, the purchase will not occur during the FY2016 fiscal year. As a result the funds will lapse to Fund Balance at fiscal year-end. A budget amendment is required for the FY2017 budget in order to re-appropriate for purchase of the body cameras.

Requested By: Date Director of Finance Date

Audited By: Date City Manager/Deputy City Manager/Asst. City Manager Date (If applicable) Entered By: Date

BAYTOWN CITY COUNCIL MEETING 5. p. Meeting Date: 10/13/2016 Subject: Body worn camera purchase Prepared for: Mike Holden, Police Prepared by: Shawn Fischer, Police Department: Police

Information ITEM Consider an ordinance authorizing the sole source purchase of 110 body-worn cameras, related equipment, and a three-year all-inclusive local storage plan from COBAN Technologies, Inc.

PREFACE This proposed ordinance authorizes the sole source purchase of 110 body-worn cameras, along with related equipment and a three-year all-inclusive local storage plan that includes, software/support license, warranty, and a replacement camera in year 3 from COBAN Technologies, Inc., in the amount of $158,421.

Below is the breakdown of the total costs: Description Amount 110 cameras & related equipment $94,871 Three-Year Service Plan (software/support license/warranty/camera replacement in Year $63,550 3) Total $158,421

The Baytown Police Department (the "Department") was awarded grant funding by the State of Texas Criminal Justice Division of the Governor’s Office for the purchase of 110 body-warn cameras in the amount of $94,871, which requires a 25% match by the City of $23,717.75. Therefore, the match of $23,717.75 and the remaining amount of $63,550 , totaling $87,267.75 will be paid by the Baytown Crime Control and Prevention District (CCPD).

The CCPD Board approved $50,000 for the purchase of the body cameras through its budget process and approved the budget reallocation for the remaining amount at its October 11, 2016 meeting.

RECOMMENDATION Staff recommends approval. Fiscal Impact Fiscal Year: 2017 Acct Code: 20601-84042 Source of Funds (Operating/Capital/Bonds): CCPD and Grant Funds Budgeted Y/N: y Amount Needed: $158,421 Fiscal Impact (Additional Information):

Attachments Echo 3 year plan Sole Source Letter Ordinance - Sole Source Body Cameras Quotation Expiration: 60 Days Terms: Net 30 Days FOB Point: Destination 11375 W. Sam Houston Parkway South #800 Houston, TX 77031 P. 281-925-0488 | F. 281-925-0535 QT Version 20151202

Prepared for: Baytown Police Department Quote # Date

Address 3200 North Main Street 592861-2 5/11/2016

City, State Baytown, TX 77521 Prepared by:

Contact Shawn Fischer LaMonica Archer (281-900-3500)

COBAN ECHO BODY WORN CAMERA List Price Quoted Quantity Total COBAN ECHO Body Worn Camera Package ECHO-01 (Includes: ECHO Camera, 110v Wall Adapter, USB Cable, Spring Clip, 1 year factory $466.00 424.00$ 110 $46,640.00 warranty) ECHO-03 ECHO IR CLIP Camera $120.00 101.00$ 110 $11,110.00 ECHO Single Bay Vehicle/Office Upload/Charging Cradle ECHO-05 $120.00 105.00$ 110 $11,550.00 ( incl.CABLE- USB 16FT EXTENSION W/ REPEATER for EDGE/M7 Integration) ECHO-04 ECHO 6-Bay Upload/Charging Cradle $578.00 580.00$ 5 $2,900.00 ECHO-06 ECHO 24-Bay Upload/Charging Dock $4,000.00 3,723.00$ 2 $7,446.00 ECHO-016 ECHO Magnet Z-Clip $25.00 20.00$ 110 $2,200.00 DVMS BWC SOLUTION LICENSE WLIC-221 $99.00 90.00$ 110 $9,900.00 First Year Software Maintenance and Technical Support (per device) BACK OFFICE SETUP CONFIGURATION AND SERVICES List Price Quoted Quantity Total DVMSLSRV-08 DVMS Professional Redaction Software $1,425.00 1,225.00$ 1 $1,225.00 SHIPPING List Price Quoted Quantity Total LFEE-050 Shipping - In-Car Equipment (EDGE, M7 MDC, M7 VMDC, ALPR) $50.00 $0.00 LFEE-053 Shipping - Fusion or 6-bay dock for bodycam $25.00 25.00$ 10 $250.00 LFEE-054 Shipping - Bodycam or single/double dock for bodycam $15.00 15.00$ 110 $1,650.00 LFEE-055 Shipping - Back Office Hardware (Server, Auto DVD, Interview, Jail) Each $150.00 $0.00

Total List $105,515.00

Line Item Discount -$10,644.00

Subtotal $94,871.00

Additional Discount (s)

Taxes (if applicable)

GRAND TOTAL $94,871.00

Terms /Conditions / Assumptions:

1. If required, bid bond, performance bond, permits and fees will be at additional costs. 2. A tax exempt number will be provided upon acceptance of this proposal.

5/11/2016 Page 1 QT Version 20151202 Prepared for: Baytown Police Department Quote # Date Address 3200 North Main Street 592861-2-C 6/2/2016 City, State Baytown, TX 77521 Prepared by: Contact Shawn Fischer LAMonica ( 281-900-3500)

COBAN ECHO BODY WORN CAMERA List Price Quoted Quantity Total ECHO-CLU-001 ECHO 3-Year, All-Inclusive Local Storage Plan Includes 3-year software/support license and warranty, and one replacement camera at $ 840.00 110 $92,400.00 the end of 2nd year. $1,100.00

Total List $121,000.00 Line Item Discount -$28,600.00 Subtotal $92,400.00 Off-set Year 1 License Additional Discount (s) -$9,900.00 Off-set shipping and services Additional Discount (s) -$4,100.00 DVMS 50% Discount Additional Discount (s) -$14,850.00 Taxes (if applicable) GRAND TOTAL $63,550.00 11375 W. Sam Houston Parkway. S. Suite No. 800 Houston, TX 77031

Oct 5, 2016

Baytown Police Department 3200 N. Main St. Baytown, TX 77521

Re: Coban Sole Source Letter

To whom this may concern,

This letter is to confirm the Fusion Wi-Fi Video System, the TITAN MDC and the ECHO Body Worn Camera including all add-on hardware and software devices, are sole source products, designed and manufactured solely by Coban Technologies Inc., This exclusivity extends to the back office software, COBAN Digital Video Management System. The Fusion Wi-Fi Video System, the TITAN MDC and the Echo Body Worn Camera are the only systems that fully integrate with the existing Digital Video Management hardware and software platform that is currently in place and is being used by the Baytown Police Department.

Coban Technologies, Inc. warrants that no other company makes a similar or competing product that integrates with the COBAN Digital Video Management Solution. Coban Technologies, Inc. maintains all copyright privileges for these products and no agents or dealers are authorized to represent these products. These products must be purchased directly by the agency from Coban Technologies, Inc.

Please do not hesitate to contact me if you have any questions or concerns.

Thank you,

Cindy Chang National Sales Support 281-925-0460 [email protected] AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF ONE HUNDRED FIFTY-EIGHT THOUSAND FOUR HUNDRED TWENTY-ONE AND NO/100 DOLLARS ($158,421.00) TO COBAN TECHNOLOGIES, INC., FOR THE SOLE SOURCE PURCHASE OF ONE HUNDRED TEN (110) BODY-WORN CAMERAS, ITS RELATED EQUIPMENT AND THREE-YEAR ALL-INCLUSIVE LOCAL STORAGE PLAN, WHICH INTERFACES WITH THE CITY’S EXISTING COBAN SYSTEM; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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WHEREAS, Texas Local Government Code Annotated §252.022 provides that when the functional requirements of the City can only be satisfied by one source, the requirement for competitive bids is not applicable; and

WHEREAS, the purchase of one hundred ten (110) body-worn cameras, its related equipment and three-year all-inclusive local storage plan, which interfaces with the City’s existing COBAN system may only be purchased from a single source – Coban Technologies, Inc..; 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 only one source can satisfy the needs of the City for the procurement of one hundred ten (110) body-worn cameras, its related equipment and three-year all-inclusive local storage plan, which interfaces with the City’s existing COBAN system.

Section 2: That the City Council of the City of Baytown, Texas, authorizes payment of the sum of ONE HUNDRED FIFTY-EIGHT THOUSAND FOUR HUNDRED TWENTY-ONE AND NO/100 DOLLARS ($158,421.00) to Coban Technologies, Inc., for the sole source purchase of one hundred ten (110) body-worn cameras, its related equipment and three-year all-inclusive local storage plan.

Section 3: That pursuant to the provisions of Texas Local Government Code Annotated § 252.048, the City Manager is hereby granted general authority to approve any change order involving a decrease or an increase in costs of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) or less, subject to the provision that the original contract price may not be increased by more than twenty-five percent (25%) or decreased by more than twenty-five percent (25%) without the consent of the contractor to such decrease.

Section 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 13th day of October, 2016.

______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\2016\October 13\SoleSource4BodyCameras.doc

2

BAYTOWN CITY COUNCIL MEETING 5. q. Meeting Date: 10/13/2016 Subject: Truancy Agreement with GCCISD Prepared for: Keith Dougherty, Police Prepared by: Karen Horner, Legal Department: Police

Information ITEM Consider an ordinance authorizing an Agreement with Goose Creek Consolidated Independent School District for a truancy officer.

PREFACE This proposed ordinance authorizes an Agreement with Goose Creek Consolidated Independent School District (the "District") for a truancy officer. This requires the City to furnish one police officer to act as a truancy officer for the District. Consideration. The District is required to pay an amount not to exceed $58,012.02, which is one-half (1/2) of the annual salary and benefits for an officer, for this service.

This agreement is similar to those that the City has entered into with the District in the past. The proposed agreement is for a one-year term but can be renewed upon agreement by the parties.

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): Proceeds from this agreement will be credited to the General Fund.

Attachments Ordinance - Truancy Agreement Exhibit A - Truancy Agreement AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN AGREEMENT FOR LAW ENFORCEMENT SERVICES WITH THE GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT FOR THE TRUANCY PROGRAM; 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 an Agreement for Law Enforcement Services with the Goose Creek Consolidated Independent School District for the Truancy Program. A copy of said agreement is attached hereto, marked Exhibit "A" and made a part hereof for all intents and purposes.

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

INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown this the 13th day of October, 2016.

______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\2016\October 13\TruancyAgreementOrdinance2016-17.doc Exhibit "A"

AGREEMENT FOR LAW ENFORCEMENT SERVICES (Truancy Officer)

STATE OF TEXAS § § COUNTY OF HARRIS §

WHEREAS, this Agreement for Law Enforcement Services, hereinafter called “Agreement,” is made and entered into by and between the Goose Creek Consolidated Independent School District, an independent school district and political subdivision of the State of Texas, hereinafter called “DISTRICT” and the City of Baytown, a municipal corporation located in Harris and Chambers Counties, Texas, hereinafter called “CITY.”

WITNESSETH:

WHEREAS, the DISTRICT desires to have the Chief of Police of the City of Baytown, hereinafter called “CHIEF,” authorize and direct one (1) of his patrol officers, hereinafter called "PATROL OFFICER," to devote this officer’s working time to act in the capacity of a truancy officer for the DISTRICT; and

WHEREAS, the DISTRICT is willing to pay the CITY an amount equal to one-half (1/2) the direct cost to the CITY for supplying law enforcement services provided by such patrol officer, including salary, benefits and any related expenses the CITY may incur in providing these services, so as to enable the PATROL OFFICER assigned by the CHIEF to provide those services;

NOW THEREFORE, in consideration of the mutual covenants, agreement and benefits to both parties, it is agreed as follows:

I.

The CITY agrees to authorize the CHIEF to assign a PATROL OFFICER to provide truancy and law enforcement services in the areas under the control of the DISTRICT. As used herein, the phrase “working time” means the usual or normal hours that the PATROL OFFICER is required to work in any calendar month and does not include any extra or overtime work. The time the PATROL OFFICER is on duty within the area, the time the PATROL OFFICER spends in preparing reports and documents pertaining to the events occurring in the area, the time the PATROL OFFICER spends in making preparations to provide law enforcement in the area, the time the PATROL OFFICER spends transporting persons arrested in the area to jail, the time the PATROL OFFICER spends investigating crimes or possible crimes committed in the area, and the time spent in any and all activities related to performing truancy and law enforcement services for the DISTRICT shall be deemed working time. The items listed above are explanatory and the meaning of “working time” is not limited to said list.

Agreement for Services of Truancy Patrol Officer, Page 1

II.

The DISTRICT agrees to pay to the CITY each school year of this contract a sum not to exceed FIFTY-EIGHT THOUSAND TWELVE AND 02/100 DOLLARS ($58,012.02) for assignment of a PATROL OFFICER to the truancy program. This sum is based on one-half (1/2) of the salary and benefits of one officer for a one-year period. The CITY agrees to provide to the DISTRICT a monthly invoice setting forth the cost for providing the law enforcement services to the DISTRICT. The DISTRICT agrees to reimburse the CITY from the DISTRICT’s current, available revenues the cost as set forth in the invoices within thirty (30) days of the date of each such invoice. If the DISTRICT for any reason disputes any items in any invoices submitted by the CITY, the DISTRICT shall promptly notify the CITY of the dispute and request clarification and/or remedial action. After the CITY’s review and consideration of the information submitted by the DISTRICT, the decision of the CITY regarding all disputes involving the cost for providing the PATROL OFFICER shall be final. Payment shall be made to the City of Baytown, Attention Director of Finance, P.O. Box 424, Baytown, Texas 77522- 0424. Invoices sent by the CITY shall be addressed to the DISTRICT at 4544 I-10, Baytown, Texas 77521. Either party hereto may change its address for the purpose of this Agreement by giving written notice of such change in the manner provided for in this Agreement.

III.

The term of this Agreement shall be for a period of one (1) school year commencing on the first day of the 2016-2017 school year, and ending on the last day of the 2016-2017 school year, and will be subject to renewal for additional one-year terms annual at the conclusion of the then current school year, upon mutual agreement of the CITY and the DISTRICT. It is expressly understood and agreed that this Agreement may be terminated without cause at any time by either party by giving to the other party at least 30 days’ advanced written notice of its intention to do so, specifying therein the effective date of such termination. It is expressly understood and agreed that this agreement may be terminated by the CITY if the DISTRICT has defaulted in timely paying any obligation herein and fails to cure such default within five (5) days of receiving written notice thereof. If the DISTRICT fails to cure the default within the five-day period, the City shall be relieved of its obligations under this Agreement and the Agreement shall be deemed terminated effective after the expiration of the five-day cure period. Any notice permitted or required to be given in this paragraph to the DISTRICT shall be given by registered or certified United States Mail, postage paid, return receipt requested and addressed to the DISTRICT at 4544 I-10, Baytown, Texas 77521. Any notice permitted or required to be given in this paragraph to the CITY shall be given by registered or certified United States mail postage prepaid, return receipt requested, addressed to CITY, Attention: City Manager, P.O. Box 424, Baytown, Texas 77522-0424. All notices hereunder given shall be deemed validly given when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle if the notice otherwise complies with all of the requisites of this article.

Agreement for Services of Truancy Patrol Officer, Page 2 IV.

The DISTRICT may, without penalty, terminate this Agreement at the end of any budget period occurring during the term of the Agreement if funds for the Agreement during the succeeding budget period have not be appropriated; provided the DISTRICT has given the CITY at least thirty (30) days’ advanced written notice prior to the effective date of the non- appropriation. If the DISTRICT has complied with the notice requirement herein, the CITY shall not be entitled to amounts under the Agreement in excess of the amounts appropriated by the DISTRICT.

V.

It is expressly understood and agreed that the PATROL OFFICER assigned to work at the DISTRICT shall be subject to the control and supervision of the CHIEF to the same extent as all other PATROL OFFICERS, and shall have no duty or obligation to the DISTRICT or to persons other than those duties or obligations which the PATROL OFFICER would have to the public generally. It is specifically agreed that the PATROL OFFICER shall not be requested to or required to enforce any local policies of the DISTRICT that are not violations of a state law or city ordinance. The CHIEF shall set the working times (hours and days) for the PATROL OFFICER after consulting the designated agent of the DISTRICT.

VI.

It is expressly agreed and understood between the DISTRICT and the CITY, that if in the opinion of the CHIEF, it is necessary to use the PATROL OFFICER assigned to carry out this Agreement for other duties due to an emergency, shortage of officers or other reasons as determined solely by the CHIEF, that the CHIEF may temporarily suspend the assignment of the PATROL OFFICER assigned according to this Agreement. It is, however, understood by both the CITY and the DISTRICT that the DISTRICT will not be billed for any costs associated with the assigned PATROL OFFICER during the time that the officer is temporarily assigned to other duties at the direction of the CHIEF.

VII.

Both parties mutually agree that the CITY is an independent contractor, and shall have exclusive control of performance hereunder and that the PATROL OFFICER and all other employees of the CITY are in no way to be considered employees of the DISTRICT.

VIII.

Nothing in this Agreement shall be construed so as to limit or waive the sovereign immunity of the CITY or the DISTRICT.

Agreement for Services of Truancy Patrol Officer, Page 3 IX.

Time is expressly declared to be of the essence in regard to this Agreement.

X.

This Agreement shall be construed under an in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Harris County and Chambers County, Texas.

XI.

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

XII.

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.

XIII.

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.

XIV.

This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings of written or oral agreements between the parties with respect to the subject matter herein.

XV.

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

Agreement for Services of Truancy Patrol Officer, Page 4 XVI.

Neither party to this Agreement may assign their rights duties or interests without first obtaining the written consent of the other party. Consent to one assignment shall not be deemed to be consent to any subsequent assignment. An assignment without the written agreement of both parties or an assignment by operation of law shall be void and shall, at the option of either party, terminate this Agreement.

XVII.

Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective corporations and/or business entities.

XVIII.

The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement.

XIX.

It is understood and agreed that this Agreement 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 DISTRICT and the CITY hereto execute this Agreement on this _____ day of ______, 2016.

GOOSE CREEK CONSOLIDATED CITY OF BAYTOWN, TEXAS INDEPENDENT SCHOOL DISTRICT

______Al Richard, President of the Board Stephen H. DonCarlos, Mayor of Trustees

ATTEST: ATTEST:

______Jessica Woods, Secretary of the Board Leticia Brysch, City Clerk of Trustees

R:\Karen\Files\Contracts\GCCISD Agreement for Law Enforcement Officers - Truancy Officer\Truancy Officer Agreement 2016-2017.doc Agreement for Services of Truancy Patrol Officer, Page 5

BAYTOWN CITY COUNCIL MEETING 5. r. Meeting Date: 10/13/2016 Subject: Submission to 100 Club for SWAT/CNT Vehicle Prepared for: Keith Dougherty, Police Prepared by: Keith Dougherty, Police Department: Police

Information ITEM Consider a resolution authorizing the City to apply to the FY2016 100 Club Grant Program on behalf of the City of Baytown's Police Department.

PREFACE This proposed resolution authorizes the City to apply to the FY2016 100 Club Grant Program on behalf of the City of Baytown's Police Department for the purchase of a SWAT/CNT (Crisis Negotiation Team) vehicle. Neither the General Fund or Seized Funds are sufficient to purchase this vehicle. The total cost to the 100 Club to fund this project is $316,087.00.

RECOMMENDATION

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 at this time.

Attachments Resolution - The 100 Club Grant A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER SUBMIT A GRANT APPLICATION TO THE 100 CLUB FOR THE PURCHASE OF A SWAT/CNT (CRISIS NEGOTIATION TEAM) VEHICLE ON BEHALF OF THE CITY OF BAYTOWN'S POLICE DEPARTMENT IN THE AMOUNT OF THREE HUNDRED SIXTEEN THOUSAND EIGHTY-SEVEN AND NO/100 DOLLARS ($316,087.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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

Section 1: That the City Manager of the City of Baytown is hereby authorized to submit an application to The 100 Club for the purchase of a SWAT/CNT (Crisis Negotiation Team) vehicle on behalf of the City of Baytown's Police Department in the amount of THREE HUNDRED SIXTEEN THOUSAND EIGHTY-SEVEN AND NO/100 DOLLARS ($316,087.00).

Section 2: That the City Manager is hereby designated as the authorized representative of the City of Baytown for all purposes under the grant, including the acceptance, affirmation, rejection, alteration, or termination of any grant award that may result from the above application.

Section 3: 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 13th day of October, 2016.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

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