April 22, 2021 - 8:00 A.M

NOTICE OF MEETING CITY COUNCIL OF THE CITY OF GALVESTON THURSDAY - APRIL 22, 2021 - 8:00 A.M. VIRTUAL ZOOM MEETING

Members of the public may attend the Workshop by registering in advance. Click here to register: https://us02web.zoom.us/webinar/register/WN_4MZ0cTE0RQelKDR8oK8GYQ

WORKSHOP AGENDA

1. DECLARATION OF A QUORUM AND CALL MEETING TO ORDER

2. ROLL CALL

3. DISCUSSION ITEMS

3.A. Joint Workshop With The Park Board To Discuss The Following Items Of Mutual Interest (Collins/Brown - 1 Hour): 1. 2021 Tourism Season Projections (Spencer Priest, Chair) 2. Discuss Stewart Beach Development Options (Dave Jacoby, Chair, Stewart Beach Task Force) 3. Discuss $1.4 Million RESTORE Grant Opportunity for East End Lagoon (Steven Creitz, Chair, East End Lagoon Advisory Committee) 4. Presentation of Park Board 2021-2026 Capital Improvement Plan (Kelly de Schaun, CEO)

Documents:

AGENDA ITEM OVERVIEW - 2021 TOURISM SEASON PROJECTIONS (1).PDF AGENDA ITEM OVERVIEW - DISCUSS STEWART BEACH DEVELOPMENT OPTIONS.PDF AGENDA ITEM OVERVIEW - DISCUSS 1.4 MILLION RESTORE GRANT OPPORTUNITY FOR EAST END LAGOON (1).PDF AGENDA ITEM OVERVIEW -PRESENTATION OF PARK BOARD 2021-2026 CAPITAL IMPROVEMENT PLAN.PDF

3.B. Receive Presentation For Shriners Hospital Expansion Project And Provide Staff With Direction On Moving Forward (M. Hay - 10 Minutes)

Documents:

COUNCIL WORKSHIP MEMO_SHRINERS HOSPITAL EXPANSION_MHAY_4.14.21.PDF

3.C. Clarification Of Consent And Regular City Council Agenda Items - This Is An Opportunity For City Council To Ask Questions Of Staff On Consent And Regular Agenda Items (20 Minutes)

3.D. Discuss The 2021 Community Development Block Grant (CDBG) And HOME Investment Partnerships (HOME) Planning For Proposed Objectives And Projects In The Amount Of CDBG $1,166,618 And HOME $246,705. (A. Law - 10 Minutes)

Documents:

2021 CDBG AND HOME PROGRAM PROPOSED OBJECTIVES AND PROJECTS.PDF

3.E. Discussion Of Short Term Rentals (Glywasky/Loftin – 40 Minutes)

l Voluntary Collection Agreements l Annual Registration l Future Ordinances

3.F. Discussion Of A Draft Ordinance Concerning Residential Only Parking (D. Buckley - 20 Minutes)

Documents:

RESIDENTIAL PARKING PERMIT - CHAP 34 - REVISED2.DOCX

3.G. Discussion Of A Draft Ordinance Concerning Golf Carts/Electric Neighborhood Vehicles (Legal - 30 Minutes)

Documents:

CHAPTER 34 - GOLF CARTS FULL CHAPTER WITH AMENDS HIGHLIGHTED.DOCX CHAPTER 34 - GOLF CART - ORDINANCE AMENDS.DOCX

3.H. Discussion Of Amendments To The Bicycle Ordinance (Legal - 15 Minutes)

Documents:

CHAPTER 9 - BICYCLES AMENDS ORD.DOC CHAPT 9 - BICYCLES - FULL CHAPTER AMENDS - 4-12-21.DOCX

3.I. Discussion Of The Policy For Board/Commission/Committee Appointments (15 Minutes)

1. District oriented nominations (Robb/Brown) 2. Ranking oriented nominations (Brown)

Documents:

RESOLUTION FOR ROBB ON FILLING POSITONS ON WHARVES PARKS AND PLANNING.DOC POLICY ON FILLING POSITONS ON CERTAIN ORGANIZATIONS BASED ON COUNCIL NOMINATIONS.DOC

4. PRESENTATIONS/REPORTS OF COUNCIL, OFFICER BOARDS, AND CITY MANAGER

4.A. Pursuant To Texas Government Code Section 551.0415, The City Council May Report On Any Of The Following Items: 1. Expressions of thanks, gratitude, and condolences

2. Information regarding holiday schedules

3. Recognition of individuals a. Tree City Designation b. National Beach Safety Week Proclamation c. International Parental Alienation Awareness Day Proclamation d. Lights Out Nights Galveston Proclamation 4. Reminders regarding City Council events

5. Reminders regarding community events

6. Health and safety announcement

5. COMMUNICATIONS AND PETITIONS Claims: 21-017 - Douglas Brining; 21-018 - Kelsea Lane; 21-019 - Samantha Russell; 21- 020 - Christopher Buck; 21-021 - Julie Malone-Sammons; and 21-022 - Kelly Gavin.

6. ADJOURNMENT

I certify that the above Notice of Meeting was posted in a place convenient to the public in compliance with Chapter 551 of the Texas Government Code on April 16, 2021 at 12:40 P.M.

Janelle Williams, City Secretary

IN ACCORDANCE WITH THE PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT (ADA), PERSONS IN NEED OF A SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING SHALL, WITHIN THREE (3) DAYS PRIOR TO ANY PROCEEDING, CONTACT THE CITY SECRETARY'S OFFICE, SUITE 201, 823 ROSENBERG, GALVESTON, TEXAS 77550 (409-797-3510). NOTICE OF MEETING CITY COUNCIL OF THE CITY OF GALVESTON THURSDAY - APRIL 22, 2021 - 8:00 A.M. VIRTUAL ZOOM MEETING

Members of the public may attend the Workshop by registering in advance. Click here to register: https://us02web.zoom.us/webinar/register/WN_4MZ0cTE0RQelKDR8oK8GYQ

WORKSHOP AGENDA

1. DECLARATION OF A QUORUM AND CALL MEETING TO ORDER

2. ROLL CALL

3. DISCUSSION ITEMS

Documents:

3.B. Receive Presentation For Shriners Hospital Expansion Project And Provide Staff With Direction On Moving Forward (M. Hay - 10 Minutes)

Documents:

COUNCIL WORKSHIP MEMO_SHRINERS HOSPITAL EXPANSION_MHAY_4.14.21.PDF

3.C. Clarification Of Consent And Regular City Council Agenda Items - This Is An Opportunity For City Council To Ask Questions Of Staff On Consent And Regular Agenda Items (20 Minutes)

Documents:

2021 CDBG AND HOME PROGRAM PROPOSED OBJECTIVES AND PROJECTS.PDF

3.E. Discussion Of Short Term Rentals (Glywasky/Loftin – 40 Minutes)

l Voluntary Collection Agreements l Annual Registration l Future Ordinances

3.F. Discussion Of A Draft Ordinance Concerning Residential Only Parking (D. Buckley - 20 Minutes)

Documents:

RESIDENTIAL PARKING PERMIT - CHAP 34 - REVISED2.DOCX

3.G. Discussion Of A Draft Ordinance Concerning Golf Carts/Electric Neighborhood Vehicles (Legal - 30 Minutes)

Documents:

CHAPTER 34 - GOLF CARTS FULL CHAPTER WITH AMENDS HIGHLIGHTED.DOCX CHAPTER 34 - GOLF CART - ORDINANCE AMENDS.DOCX

3.H. Discussion Of Amendments To The Bicycle Ordinance (Legal - 15 Minutes)

Documents:

CHAPTER 9 - BICYCLES AMENDS ORD.DOC CHAPT 9 - BICYCLES - FULL CHAPTER AMENDS - 4-12-21.DOCX

3.I. Discussion Of The Policy For Board/Commission/Committee Appointments (15 Minutes)

1. District oriented nominations (Robb/Brown) 2. Ranking oriented nominations (Brown)

Documents:

RESOLUTION FOR ROBB ON FILLING POSITONS ON WHARVES PARKS AND PLANNING.DOC POLICY ON FILLING POSITONS ON CERTAIN ORGANIZATIONS BASED ON COUNCIL NOMINATIONS.DOC

4. PRESENTATIONS/REPORTS OF COUNCIL, OFFICER BOARDS, AND CITY MANAGER

4.A. Pursuant To Texas Government Code Section 551.0415, The City Council May Report On Any Of The Following Items: 1. Expressions of thanks, gratitude, and condolences

2. Information regarding holiday schedules

5. Reminders regarding community events

6. Health and safety announcement

5. COMMUNICATIONS AND PETITIONS Claims: 21-017 - Douglas Brining; 21-018 - Kelsea Lane; 21-019 - Samantha Russell; 21- 020 - Christopher Buck; 21-021 - Julie Malone-Sammons; and 21-022 - Kelly Gavin.

6. ADJOURNMENT

I certify that the above Notice of Meeting was posted in a place convenient to the public in compliance with Chapter 551 of the Texas Government Code on April 16, 2021 at 12:40 P.M.

Janelle Williams, City Secretary

Members of the public may attend the Workshop by registering in advance. Click here to register: https://us02web.zoom.us/webinar/register/WN_4MZ0cTE0RQelKDR8oK8GYQ

WORKSHOP AGENDA

1. DECLARATION OF A QUORUM AND CALL MEETING TO ORDER

2. ROLL CALL

3. DISCUSSION ITEMS

Documents:

3.B. Receive Presentation For Shriners Hospital Expansion Project And Provide Staff With Direction On Moving Forward (M. Hay - 10 Minutes)

Documents:

COUNCIL WORKSHIP MEMO_SHRINERS HOSPITAL EXPANSION_MHAY_4.14.21.PDF

3.C. Clarification Of Consent And Regular City Council Agenda Items - This Is An Opportunity For City Council To Ask Questions Of Staff On Consent And Regular Agenda Items (20 Minutes)

Documents:

2021 CDBG AND HOME PROGRAM PROPOSED OBJECTIVES AND PROJECTS.PDF

3.E. Discussion Of Short Term Rentals (Glywasky/Loftin – 40 Minutes)

l Voluntary Collection Agreements l Annual Registration l Future Ordinances

3.F. Discussion Of A Draft Ordinance Concerning Residential Only Parking (D. Buckley - 20 Minutes)

Documents:

RESIDENTIAL PARKING PERMIT - CHAP 34 - REVISED2.DOCX

3.G. Discussion Of A Draft Ordinance Concerning Golf Carts/Electric Neighborhood Vehicles (Legal - 30 Minutes)

Documents:

CHAPTER 34 - GOLF CARTS FULL CHAPTER WITH AMENDS HIGHLIGHTED.DOCX CHAPTER 34 - GOLF CART - ORDINANCE AMENDS.DOCX

3.H. Discussion Of Amendments To The Bicycle Ordinance (Legal - 15 Minutes)

Documents:

CHAPTER 9 - BICYCLES AMENDS ORD.DOC CHAPT 9 - BICYCLES - FULL CHAPTER AMENDS - 4-12-21.DOCX

3.I. Discussion Of The Policy For Board/Commission/Committee Appointments (15 Minutes)

1. District oriented nominations (Robb/Brown) 2. Ranking oriented nominations (Brown)

Documents:

RESOLUTION FOR ROBB ON FILLING POSITONS ON WHARVES PARKS AND PLANNING.DOC POLICY ON FILLING POSITONS ON CERTAIN ORGANIZATIONS BASED ON COUNCIL NOMINATIONS.DOC

4. PRESENTATIONS/REPORTS OF COUNCIL, OFFICER BOARDS, AND CITY MANAGER

4.A. Pursuant To Texas Government Code Section 551.0415, The City Council May Report On Any Of The Following Items: 1. Expressions of thanks, gratitude, and condolences

2. Information regarding holiday schedules

5. Reminders regarding community events

6. Health and safety announcement

5. COMMUNICATIONS AND PETITIONS Claims: 21-017 - Douglas Brining; 21-018 - Kelsea Lane; 21-019 - Samantha Russell; 21- 020 - Christopher Buck; 21-021 - Julie Malone-Sammons; and 21-022 - Kelly Gavin.

6. ADJOURNMENT

I certify that the above Notice of Meeting was posted in a place convenient to the public in compliance with Chapter 551 of the Texas Government Code on April 16, 2021 at 12:40 P.M.

Janelle Williams, City Secretary

The 2019-2020 fiscal year certainly presented many SPRING BREAK OVERVIEW challenges to our destination. The COVID-19 pandemic Spring Break signals the beginning of the summer impacted the tourism industry worldwide. Galveston’s tourism season in Galveston. Beach parks open and many beaches and expansive coastline made it an attractive attractions adopt an open-daily schedule in coordination option for those seeking fresh air and the ability to practice with area school districts’ calendars. These weeks are social distancing. significant to the organization and the island’s overall economy because successful spring breaks often indicate As a result, the fiscal year’s hotel occupancy tax the ultimate success of the summer tourism season. performance was only down 16% from the pre-COVID budget and 31% higher than the budget that was adjusted to The CVB marketing and public relations team account for the expected downturn. communicated the organization’s messaging aimed at balancing visitation with preserving the health and well- Penny value came in at $1,721,523 compared to the pre- being of visitors and residents. The central theme was COVID forecasted budget of $2,051,659 for the twelve- “Coastal Distancing.” month period of September 2019 through August 2020. It is important to note that some destinations were down The CVB sales team worked to bring sports tournaments 60%-70% year over year and are still struggling to bounce and cheer and dance competitions to the island. back. Additionally, they maintained close contact with meeting planners in anticipation of rebooking business that was Although several challenges have been encountered postponed or canceled because of the pandemic. Those through the first half of the year, including a limited supply strategies are paying off with many groups planning to of the vaccine, a slow return of the meetings market, return over the next several months. uncertainty of the cruise industry and the cancelation of festivals and events, we are forecasting to finish 2020- Based on the following page’s statistics and planned 2021 with a Penny value of $1,800,000 compared to the initiatives, the Park Board predicts a healthy and prosperous budgeted $1,539,870. Some of the key drivers include a tourism season for the island. vibrant Vacation Rental market, an increase in drive-market visitation, home schooling, the continuation of a remote workforce and the return of special events.

Coastal Distinancing Ad RESULTS

BEACH PARKS Park Board managed parks have seen a marked increase in revenue year over year. Galveston’s proximity to Houston and regional markets, like Austin and Dallas, are seeing an influx in new residents which bodes well for the island as a drive- market destination.

The rate for parking along the seawall increased from $1 to $2 per hour prior to Spring Break. During March, the number of transactions increased by more than 50% year over year indicating a significant increase in the number of visitors.

KEY PERFORMANCE MARCH 2021 MARCH 2020 MARCH 2019 INDICATORS Seawall Urban Park Transactions 34,951 21,966 28,075

Seawall Urban Park Revenue $210,952 $56,929 $66,982

Dellanera Park Revenue $96,764 $77,341 $61,850

Stewart Beach Revenue $82,443 $30,381 $48,104

East Beach Revenue $62,314 $14,388 $19,848

Seawolf Park Total Revenue $101,354* $47,166* $125,734**

*Excludes Cavalla Historical Foundation (CHF) payments per fee schedule agreement | **Includes ½ of CHF sub and ship ticket collections

HOTEL OCCUPANCY RATES & FORECAST The CVB and industry partners predict that as more people are vaccinated and feel comfortable to travel, hotels and short-term rentals will continue to see high occupancy and average daily rate numbers. The following data is tied to hotel performance and occupancy levels pulled from the Smith Travel Research report. As a reminder, this only takes into account the traditional lodging properties and does not include vacation rentals (which performed amazingly well). Looking at the two-week run of Spring Break, we had our best Spring Break in history in terms of Revenue and Average Daily Rate. Occupancy was not as strong coming in 6th position over the last 8 years, but clearly visitors were spending more.

SPRING BREAK: MARCH 7-20, 2014-2021 Sourced from Smith Travel Resource for Only Hotels YEAR OCCUPANCY ADR REVENUE 2021 72.6% $167.9 $9,174,464 2020 50.8% $115.1 $4,501,370 2019 75.9% $141.9 $7,562,182 2018 74.7% $151.6 $8,009,337 2017 76.9% $147.2 $8,028,574 2016 77.7% $145.5 $7,506,288 2015 73.9% $135.9 $6,618,202 2014 71.0% $133.7 $6,305,786 ‘19-’21 Difference -4.3% 18.3% 21.3% ‘14-’21 Difference 2.3% 25.7% 45.5%

Drone image Spring Break 2021

Agenda Item Overview

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Agenda Item: Discuss Stewart Beach Development Options

Background: Stewart Beach is the pre-eminent family beach park on Galveston Island, hosting upwards of an estimated 268,000 beachgoers each season. In 2019 the Board of Trustees created a Task Force to help develop a viable option for the services and amenities at Stewart Beach Park. The task force was formed after an initial effort to design a new Pavilion, the cost of which was considered unfeasible.

Task Force members include: • Dave Jacoby, Park Board Trustee and Chair of Task Force • David Collins, City Council Member and Park Board Trustee • Marty Fluke, Park Board Trustee • Jason Hardcastle, former City Council Member and newly appointed Park Board Trustee • Jason Worthen, Park Board Trustee

During discussion about the best options to provide more engaging guest experiences, drive higher revenues, increase tourism visitation, provide more quality of life opportunities for city residents and enhance the value of the natural environment, the idea of a Public-Private Partnership emerged.

This Public-Private Partnership is being considered for a location along the Seawall at the north end of Stewart Beach Park.

A. Stewart Beach Park area not included in developer proposal B. Specific area designated for developer opportunity C. Beach Access Plan designated Free Parking area

The Park Board of Trustees developed a Request for Proposal to identify an advisory firm who could best fulfill the following deliverables:

1. Assist in developing the terms and conditions under which to solicit proposals, assist with disseminating and promoting the opportunity, and facilitating the selection of a final approved developer. The final proposal selection will be made by City Council and the Park Board of Trustees of the City of Galveston. 2. Facilitate a decision regarding the financing and construction of needed public infrastructure, including, but not limited to: parking, beach patrol headquarters, public recreational facilities, amenities, administrative areas and utility upgrades. 3. Provide insight and recommendations on how to best incentivize potential developers or interested parties while maximizing the interests of the Park Board of Trustees, the City of Galveston and its residents. The firm Jones Lang LaSalle (JLL) was selected from among the responses to the request for proposal. JLL has performed similar work on coastal development projects including Old San Juan, Puerto Rico and The Wildwoods Convention Center, New Jersey. Their scope of services for the Galveston project includes:

1. Project Understanding and Research 2. Programming Analysis and Recommendations 3. Financial Assessment 4. Prepare Request for Qualifications Phase II

1. Facilitate Developer Site Visits

Agenda Item Overview

______

2. Review Submittals & Conduct Interviews 3. Advise on Lease and Development Agreements

Due to factors related to COVID-19 the original timeline has been shifted per below.

January – March: Circulate drafts of Request for Qualifications (RFQ) document April – refine RFQ document and complete distribution lists May – JLL site visit June – Send procurement document to market July – developer site visits August – developer responses due

The Task Force and Park Board of Trustees staff has held several virtual meetings with JLL and have sent comments and edits for draft versions of the RFQ document. Park Board of Trustees staff held meetings with both the Texas GLO and City of Galveston planning department to confirm parking requirements for any development and beach access. Currently, Park Board staff is working to qualify utility capacity for the project.

Staff Recommendation: The Park Board of Trustees is seeking a resolution of support from City Council to move forward with finalizing and releasing the Request for Qualifications to identify developers for the select land at Stewart Beach Park. (Attached) City Council will have ample opportunity to review responses, vote on further action, and otherwise participate in the process.

Funding Source (if applicable): No financial commitment is required from the City of Galveston. JLL fees are funded through Texas City Y Oil Spill Damage fees awarded to the Park Board 2014.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GALVESTON, TEXAS, TO CONSENT TO A REQUEST FOR QUALIFICATIONS FOR A PUBLIC-PRIVATE PARTNERSHIP REGARDING DEVELOPMENT OPPORTUNITY AT STEWART BEACH PARK BE RELEASED PUBLICLY BY THE PARK BOARD OF TRUSTEES OF THE CITY OF GALVESTON.

WHEREAS, under Resolution No. 19-046 the Park Board of Trustees of the City of Galveston and the City of Galveston have approved an interlocal agreement providing for the terms and conditions for the management of beaches and parks, including Stewart Beach Park; and,

WHEREAS, the Park Board of Trustees of the City of Galveston hired Jones Lang LaSalle, Inc. (JLL) to assist in developing the terms and conditions under which to solicit proposals, assist with disseminating and promoting the opportunity to develop a public-private partnership, and facilitating the selection of a final approved developer; and,

WHEREAS, Stewart Beach Park is a key asset to the City of Galveston and provides opportunity to increase amenities and recreation through further development; and,

WHEREAS, the Stewart Beach Pavilion was constructed in 1984 and no longer meets the operational, environmental and infrastructural needs to deliver a high quality beach park experience to residents and guests; and,

WHEREAS, the Stewart Beach Pavilion does not meet current compliance for the Americans with Disabilities Act or building codes governing design, construction, alteration and maintenance of structures which specify minimum requirements to adequately safeguard the health, safety and welfare of occupants.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GALVESTON, TEXAS:

SECTION 1. The findings and recitations set out in the preamble to this Resolution are found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes.

SECTION 2. The City Council of the City of Galveston hereby approves the Park Board of Trustees of the City of Galveston to release a Request for Qualifications to solicit responses for consideration as part of development planning for Stewart Beach Park.

SECTION 3. This Resolution shall be and become effective from and after its adoption.

Agenda Item Overview

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Agenda Item: Discuss $1.4 Million RESTORE Grant Opportunity For East End Lagoon

Background: The East End Lagoon Nature Park and Preserve (EEL) is a project of the Park Board of Trustees, the City of Galveston and the Galveston Island Nature Tourism Council.

A Galveston treasure, the 684-acrea East End Lagoon nature preserve is one of the few remaining sizable tracts of undeveloped coastal prairie and salt marsh on the island. The property was dedicated to the City by the US Federal Government under the agreement that it would be developed as a recreational area.

The area is home to a diverse collection of birds and marine mammals that thrive in the brackish waters found here. And is highly popular as a free fishing area. It also serves a venue for several of GINTC’s popular FeatherFest activities given the dense bird populations that frequent the area.

For the last several years, Park Board staff has directed a community-based East End Lagoon Advisory Committee charged with seeking funding sources for improvements to the area while protecting its natural beauty. The committee has made great strides for the area. Since assuming leadership of the project in 2017, the Park Board and EEL Committee have raised the following contributions to supplement funding from the City.

EEL Funders Amount City Contributions 176,000.00 Kempner Foundation 100,000.00 GINTC Contributions 25,000.00 Concession Fees 9,144.32 Grant Funding 1,585,497.52 Total Contributions since 2017 1,895,641.84

This represents a 10:1 return on local funding and has achieved the following pre-development work and ‘on the ground improvements’ at the EEL Nature Preserve:

• Delineation of the 648 tract of land and certification of the same by the US Army Corp of Engineers, • Creation of an ADA accessible trail loop with interpretive signage (see photos below), • Clearing space for parking and remediation of debris to rehabilitate the boat launch to allow for human- powered vessels like kayaks and paddleboards, • Placement of signage, bollards and sand berms to control access and preserve the site, • Development of a EEL Business Plan to identify the competitive advantage of the site, undertake needed conservation measures and means by which to support the site based on generated revenues for outdoor recreation.

Recently, the Park Board received notice of the solicited $1.4 million grant award from RESTORE for the construction of Phase 1A (from the City of Galveston’s EEL Master Plan, AECOM, 2010). This initial infrastructure project has 3 components and is envisioned to be a free public access amenity, including;

• Elevated 2,897 sq ft open-air, interpretative center with tables, benches and bathrooms • 1,374 sq ft ADA-compliant “experience pier”, • parking, signage and interpretive trails encompassing different habitat types.

Architectural, permitting and design work for Phase 1A have been completed and the project is ‘shovel ready’. The Park Board voted to accept the RESTORE contract in April 2021.

With the initial infrastructure phased funded, the Park Board is now turning its efforts to creating outdoor recreational opportunities that will be ‘for fee’ services, such as camping and improved fishing. Per the approved Business Plan, these items are contemplated as either a public/ private partnership or Park Board managed amenities.

Recommendation

With the view to continue development of the EEL Nature Preserve, the Park Board is soliciting; • Release of $50,000 annual City of Galveston contribution to undertake pre-development and grant writing work for Phase 2 development of outdoor recreation amenities, and a • commitment to improve conditions on Boddekker Drive to facilitate the use of the area by visitor.

Agenda Item Overview

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Agenda Item: Presentation of Park Board 2021-2026 Capital Improvement Plan

Background: The Park Board manages several City of Galveston public parks and recreation assets. As per the 2017 Interlocal Agreement between the City and Park Board, and in the interest of transparency and building consensus around these important community assets, the Park Board presents annually a five-year capital investment plan. The capital plan is a working document that defines investments in each park and the State beaches over a five year period. While Year 1 and 2 commitments are solidified in most cases, Years 3, 4 and 5 are more aspirational.

Maintenance and repairs are not included in this plan. Nor is rolling fleet stock such as trucks, ATVs or other vehicles.

All capital investments over $10,000 are included and projects exceeding $125,000 in accumulative expenditures are brought forward to Council for approval.

Funding from improvements come from a variety of sources, including Operational Budgets, Industrial Development Corporation (Beach Silo), FEMA, Insurance, and grant funding. The Park Board is particularly successful in garnering outside funding from the Texas GLO, Federal Treasury RESTORE, US Army Corp of Engineers and private contributions.

This draft CIP is intended to highlight large, year over year projects generally and to solicit approval for Year 1 (2022-2023) investments in particular.

Highlights from the Year 1 Plan include:

• $13,461,909 in beach nourishment projects, 100% of which is funded through grant funding • $133,520 in roadway, drainage and electrical projects at Dellanera RV Park • $1.8 million in roadway, drainage and concrete work at Stewart Beach, as well as $500,000 for the construction of ‘mobile amenities’ • $888,994 in work for the Sub & Ship Memorial, rip rap work and exploration of the expansion of the fishing pier and contributions towards the City of Galveston WWT plant at the Park • $204,160 in initial development costs for the construction of the EEL Outdoor Interpretive Center and pre- development costs for the exploration of camping opportunities. Over the next several months, Park Board staff will be meeting with City of Galveston management to review the proposed investments and refine project costs and plans. The Park Board will return in July or August to solicit a formal approval of the proposed CIP.

Staff Recommendation: No Action.

GALVESTON PARK BOARD CIP 2020 ‐ 2026 NOURISHED BEACH

TOTAL FY 2020‐ * PROJECT NAME FY 2020‐2021 FY 2021‐2022 FY 2022‐2023 FY 2023‐2024 FY 2024‐2025 FY 2025‐2026 2026 Beach Damage Dellanera Harvey DP‐H100 Cat G$ 4,680,797 $ ‐ ‐$ ‐$ ‐$ $ ‐ $ 4,680,797 Beach Damage Babe's Harvey NB‐H100 Cat G $ ‐ $ 2,961,909 $ ‐ ‐$ ‐$ $ ‐ $ 2,961,909 Eng/Design 8 Mile Beach Project $ 600,000 $ ‐ ‐$ ‐$ ‐$ ‐$ $ 600,000 Eng/Design Offshore Breakwater End of Seawall $ 247,972 $ ‐ ‐$ ‐$ ‐$ ‐$ $ 247,972 Babe's Beach BUDM (RESTORE ‐ not FY24‐25) $ 25,015,000 $ ‐ $ 25,015,000 $ ‐ $ 25,015,000 $ ‐ $ 75,045,000 Stewart Beach Mitigation to Babe's $ 190,000 $ ‐ ‐$ ‐$ ‐$ ‐$ $ 190,000 Construction 8 Mile Beach Project $ ‐ $‐ 10,500,000 $ ‐$ ‐$ $ ‐ $ 10,500,000 Historic Stretch (12 to 61) Renourishment $ ‐ ‐$ $ 500,000 $ ‐ ‐$ ‐$ $ 500,000 Construction for Offshore Breakwater $ ‐ $ ‐ $ 4,680,797 $ ‐ ‐$ $ ‐ $ 4,680,797 $ ‐ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$

TOTALS $ 30,733,769 $ 13,461,909 $ 30,195,797 $ ‐ $ 25,015,000 $ ‐ $ 99,406,475

TOTAL FY 2020‐ FY 2020‐2021 FY 2021‐2022 FY 2022‐2023 FY 2023‐2024 FY 2024‐2025 FY 2025‐2026 FUNDING SOURCES 2026 OPERATIONAL $ 25,972 ‐$ ‐$ ‐$ ‐$ ‐$ $ 25,972 IDC $ 3,152,000 ‐$ 3,$ 117,000 $ ‐ $ 2,500,000 $ ‐ $ 8,769,000 FEMA $ 4,212,717 $ 2,665,718 $ 4,212,717 $ ‐ ‐$ $ ‐ $ 11,091,153 RESTORE $ 4,515,000 ‐$ 4,$ 515,000 $ ‐ $ 4,515,000 ‐$ 13,$ 545,000 CMP $ ‐ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ CEPRA / GOMESA $ 4,828,080 $ 10,796,191 $ 4,351,080 $ ‐ $ 4,000,000 ‐$ 23,$ 975,351 USACE $ 14,000,000 $ ‐ $ 14,000,000 $ ‐ $ 14,000,000 $ ‐ $ 42,000,000 INSURANCE $ ‐ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ HOT $ ‐ $ ‐ ‐$ ‐$ ‐$ ‐$ ‐$

FUNDING SOURCES TOTAL $ 30,733,769 $ 13,461,909 $ 30,195,797 $ ‐ $ 25,015,000 $ ‐ $ 99,406,476 PARK BOARD 0.08% 0.00% 0.00% #DIV/0! 0.00% #DIV/0! 0.03% OTHERS 99.92% 100.00% 100.00% #DIV/0! 100.00% #DIV/0! 99.97%

FUTURE VISIONING PROJECTS TOTAL FY 2020‐ FY 2020‐2021 FY 2021‐2022 FY 2022‐2023 FY 2023‐2024 FY 2024‐2025 FY 2025‐2026 (determining funding source) 2026 $ ‐ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ $ ‐ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$

NOTES Prior encumbered is for one year prior DRAFT M & R FEMA MASTER PLANS

4/15/2021 ‐‐ 11:10 AM GALVESTON PARK BOARD CIP 2021 ‐ 2026 DELLANERA RV PARK

FY 2021‐ FY 2022‐ FY 2023‐ FY 2024‐ FY 2025‐ TOTAL FY * PROJECT NAME 2022 2023 2024 2025 2026 2021‐2026 Parking / roadway drainage assessment $ 10,000 $ ‐ $ ‐ $ ‐ $ ‐ $ 10,000 Storm door installation $ 4,500 $ 4,500 $ ‐ $ ‐ $ ‐ $ 9,000 Parking / roadway drainage repairs $ 50,000 $ ‐ $ ‐ $ ‐ $ ‐ $ 50,000 Electrical panel work $ 56,300 $ ‐ $ ‐ $ ‐ $ ‐ $ 56,300 Commercial Washer (2) $ 12,720 $ ‐ $ ‐ $ ‐ $ ‐ $ 12,720 Lagoon boardwalk / deck (planning, eng & const) $ ‐ $ 5,000 $ 75,000 $ 375,000 $ ‐ $ 455,000 Pool (planning, design & construction) $ ‐ $ 3,000 $ 75,000 $ 250,000 $ ‐ $ 328,000 Mobile Amenity $ ‐ $ ‐ $ ‐ $ ‐ $ 250,000 $ 250,000 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐

TOTALS $ 133,520 12,500$ 150,000$ 625,000$ 250,000$ $ 1,171,020

FY 2021‐ FY 2022‐ FY 2023‐ FY 2024‐ FY 2025‐ TOTAL FY FUNDING SOURCES 2022 2023 2024 2025 2026 2021‐2026 OPERATIONAL $ 133,520 $ 7,500 $ 75,000 $ 250,000 $ ‐ $ 466,020 NOURISHED BEACH BUDGET $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ IDC $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ FEMA $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ RESTORE $ ‐ $ ‐ $ ‐ $ ‐ $ 250,000 $ 250,000 CMP $ ‐ $ 5,000 $ 75,000 $ 375,000 $ ‐ $ 455,000 CEPRA $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ USACE $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ INSURANCE $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ HOT $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐

FUNDING SOURCES TOTAL $ 133,520 12,500$ 150,000$ 625,000$ 250,000$ $ 1,171,020 PARK BOARD 100% 60% 50% 40% 0% 40% OTHERS DRAFT0% 40% 50% 60% 100% 60% FUTURE VISIONING PROJECTS FY 2021‐ FY 2022‐ FY 2023‐ FY 2024‐ FY 2025‐ TOTAL FY (determing funding source) 2022 2023 2024 2025 2026 2021‐2026 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐

NOTES & LEGEND Prior encumbered is for one year prior M & R FEMA MASTER PLANS (this park does not have one) FACILITY DUDE

4/15/2021 ‐‐ 11:10 AM GALVESTON PARK BOARD CIP 2021 ‐ 2026 R.A. APFFEL (EAST BEACH)

FY 2021‐ TOTAL FY * PROJECT NAME FY 2022‐2023 FY 2023‐2024 FY 2024‐2025 FY 2025‐2026 2022 2021‐2026 Boardwalk maintenance $ 10,000 $ 10,000 $ ‐ $ ‐ $ ‐ $ 20,000 Sprinkler System, Full Retrofit $ 10,000 $ 41,000 $ ‐ $ ‐ $ ‐ $ 51,000 Lighting improvements inside the pavilion $ 10,000 $ ‐ $ ‐ $ ‐ $ ‐ $ 10,000 Entry upgrades / landscaping $ 15,000 $ ‐ $ ‐ $ ‐ $ ‐ $ 15,000 Coin operated telescope $ 10,500 $ ‐ $ ‐ $ ‐ $ ‐ $ 10,500 Drainage project (eng, const & CA) $ ‐ $ ‐ $ ‐ $ 1,000,000 $ 5,300,000 $ 6,300,000 Boardwalk extension to the beach (eng & const) $ ‐ $ 150,000 $ ‐ $ ‐ $ ‐ $ 150,000 Mobile Amenities $ ‐ $ ‐ $ 250,000 $ ‐ $ ‐ $ 250,000 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐

TOTALS $ 55,500 $ 201,000 $ 250,000 $ 1,000,000 $ 5,300,000 $ 6,806,500

FY 2021‐ TOTAL FY FY 2022‐2023 FY 2023‐2024 FY 2024‐2025 FY 2025‐2026 FUNDING SOURCES 2022 2021‐2026 OPERATIONAL $ 55,500 $ 201,000 $ ‐ $ ‐ $ ‐ $ 256,500 IDC $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ FEMA $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ RESTORE $ ‐ $ ‐ $ 250,000 $ ‐ $ ‐ $ 250,000 CMP / PSM $ ‐ $ ‐ $ ‐ $ 1,000,000 $ 5,300,000 $ 6,300,000 CEPRA $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ INSURANCE $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ HOT $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐

FUNDING SOURCES TOTAL $ 55,500 $ 201,000 $ 250,000 $ 1,000,000 $ 5,300,000 $ 6,806,500 PARK BOARD 100% 100% 0% 0% 0% 4% OTHERS 0% 0% 100% 100% 100% 96%

FUTURE VISIONING PROJECTS FY 2021‐ TOTAL FY FY 2022‐2023 FY 2023‐2024 FY 2024‐2025 FY 2025‐2026 (determing funding source) DRAFT2022 2021‐2026 Facility upgrades for climate controlled space $ ‐ $ 100,000 $ ‐ $ ‐ $ ‐ $ 100,000 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐

NOTES & LEGEND Prior encumbered is for one year prior M & R FEMA MASTER PLANS FACILITY DUDE

4/15/2021 ‐‐ 11:11 AM GALVESTON PARK BOARD CIP 2021 ‐ 2026 STEWART BEACH

FY 2021‐ FY 2022‐ FY 2023‐ FY 2024‐ FY 2025‐ TOTAL FY * PROJECT NAME 2022 2023 2024 2025 2026 2021‐2026 Entry upgrades / landscaping $ 10,000 $ ‐ $ ‐ $ ‐ $ ‐ $ 10,000 Pavilion concrete/structural/repair $ 412,500 $ 412,500 $ 75,000 $ 75,000 $ 75,000 $ 1,050,000 Drainage project Atkins EA & Eng $ 51,732 $ ‐ $ ‐ $ ‐ $ ‐ $ 51,732 Drainage project Construction $ 1,399,760 $ ‐ $ ‐ $ ‐ $ ‐ $ 1,399,760 Drainage project Atkins Maint & Monitor $ 9,887 $ 10,480 $ ‐ $ ‐ $ ‐ $ 20,367 Mobile Amenity (x2) $ 500,000 $ ‐ $ ‐ $ ‐ $ ‐ $ 500,000 Community Room door replacement $ 12,000 $ ‐ $ ‐ $ ‐ $ ‐ $ 12,000 Community Room sound system $ 10,000 $ ‐ $ ‐ $ ‐ $ ‐ $ 10,000 Ceiling sound proofing community room $ 12,000 $ ‐ $ ‐ $ ‐ $ ‐ $ 12,000 Overhead Door, Steel roll up replace $ 10,000 $ ‐ $ ‐ $ ‐ $ ‐ $ 10,000 Electrical disconnect $ 10,000 $ ‐ $ ‐ $ ‐ $ ‐ $ 10,000 Electrical transformers $ 15,000 $ ‐ $ ‐ $ ‐ $ ‐ $ 15,000 Exterior door replacements (10) $ 15,775 $ ‐ $ ‐ $ ‐ $ ‐ $ 15,775 Window unit replacement $ ‐ $ 25,000 $ ‐ $ ‐ $ ‐ $ 25,000 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐

TOTALS $ 2,468,654 447,980$ 75,000$ 75,000$ 75,000$ $ 3,141,634

FY 2021‐ FY 2022‐ FY 2023‐ FY 2024‐ FY 2025‐ TOTAL FY FUNDING SOURCES 2022 2023 2024 2025 2026 2021‐2026 OPERATIONAL $ 1,017,162 $ 447,980 $ 75,000 $ 75,000 $ 75,000 $ 1,690,142 IDC $ 440,000 $ ‐ $ ‐ $ ‐ $ ‐ $ 440,000 FEMA $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ RESTORE $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ CMP / PSM $ 1,011,492 $ ‐ $ ‐ $ ‐ $ ‐ $ 1,011,492 CEPRA $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ OIL SPILL / SPECIAL PROJECT $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ INSURANCE $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ HOT $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐

FUNDING SOURCES TOTAL 2,468,654$ 447,980$ 75,000$ 75,000$ 75,000$ $ 3,141,634 PARK BOARD DRAFT41% 100% 100% 100% 100% 54% OTHERS 59% 0% 0% 0% 0% 46%

FUTURE VISIONING PROJECTS FY 2021‐ FY 2022‐ FY 2023‐ FY 2024‐ FY 2025‐ TOTAL FY (determing funding source) 2022 2023 2024 2025 2026 2021‐2026 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐

NOTES & LEGEND Prior encumbered is for one year prior M & R FEMA MASTER PLANS FACILITY DUDE

4/15/2021 ‐‐ 11:11 AM GALVESTON PARK BOARD CIP 2021 ‐ 2026 SEAWOLF PARK

TOTAL FY 2021‐ * PROJECT NAME FY 2021‐2022 FY 2022‐2023 FY 2023‐2024 FY 2024‐2025 FY 2025‐2026 2026 USS Stewart Moorings (righting) $ 302,647 $ ‐ $ ‐ $ ‐ $ ‐ $ 302,647 Channel rip rap regulatory (Pavilion demo) $ 204,274 $ ‐ $ ‐ $ ‐ $ ‐ $ 204,274 Fishing pier extension (eng & const) $ 202,110 $ 638,429 $ ‐ $ ‐ $ ‐ $ 840,539 WWPP 10% contribution $ 67,970 $ ‐ $ ‐ $ ‐ $ ‐ $ 67,970 WWPP Contingency $ 16,993 $ ‐ $ ‐ $ ‐ $ ‐ $ 16,993 WWPP Electrical $ 20,000 $ ‐ $ ‐ $ ‐ $ ‐ $ 20,000 Covered picnic shelter installation $ 10,000 $ ‐ $ ‐ $ ‐ $ ‐ $ 10,000 Electrical repairs Ship & Sub $ 10,000 $ ‐ $ ‐ $ ‐ $ ‐ $ 10,000 Parking expansion (planning & eng) $ ‐ $ ‐ $ 30,000 $ ‐ $ 16,200 $ 46,200 Boat launch (planning & eng) $ ‐ $ ‐ $ 80,000 $ ‐ $ 25,500 $ 105,500 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐

TOTALS $ 833,994 $ 638,429 $ 110,000 $ ‐ $ 41,700 $ 1,624,123

TOTAL FY 2021‐ FY 2021‐2022 FY 2022‐2023 FY 2023‐2024 FY 2024‐2025 FY 2025‐2026 FUNDING SOURCES 2026 OPERATIONAL $ 195,866 $ 63,843 $ ‐ $ ‐ $ ‐ $ 259,709 IDC $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ FEMA $ 638,128 $ 574,586 $ ‐ $ ‐ $ ‐ $ 1,212,714 RESTORE / NRDA $ ‐ $ ‐ $ 110,000 $ ‐ $ 41,700 $ 151,700 CMP $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ CEPRA $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ INSURANCE $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ HOT $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐

FUNDING SOURCES TOTAL $ 833,994 $ 638,429 $ 110,000 $ ‐ $ 41,700 $ 1,624,123 PARK BOARD 23% 10% 0% #DIV/0! 0% 16% OTHERS 77% 90% 100% #DIV/0! 100% 84%

FUTURE VISIONING PROJECTS TOTAL FY 2021‐ FY 2021‐2022 FY 2022‐2023 FY 2023‐2024 FY 2024‐2025 FY 2025‐2026 (determing funding source) 2026 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐

NOTES & LEGEND DRAFT Prior encumbered is for one year prior M & R FEMA MASTER PLANS FACILITY DUDE

4/15/2021 ‐‐ 11:57 AM GALVESTON PARK BOARD CIP 2021 ‐ 2026 EAST END LAGOON

TOTAL FY 2021‐ * PROJECT NAME FY 2021‐2022 FY 2022‐2023 FY 2023‐2024 FY 2024‐2025 FY 2025‐2026 2026

RESTORE Phase 1A ‐ A/E Outdoor Interpretive Center/Parking $ 12,600 ‐$ ‐$ ‐$ ‐$ $ 12,600 RESTORE Phase 1A ‐ A/E Landcaping/Trails$ 17,766 ‐$ ‐$ ‐$ ‐$ $ 17,766 RESTORE Phase 1A ‐ Interpretive Planning$ 81,600 $ 13,600 ‐$ ‐$ ‐$ $ 95,200 RESTORE Phase 1A ‐ Construction & CA$ 33,946 $ 407,352 $ 407,352 $ 203,700 ‐$ $ 1,052,350 RESTORE Phase 1A ‐ 1 yr M&R/Supplies ‐$ ‐$ ‐$ $ 118,270 ‐$ $ 118,270 Channelside Fishing (design, regulatory) ‐$ $ 225,000 ‐$ ‐$ ‐$ $ 225,000 Camping (Planning)$ 20,000 ‐$ ‐$ ‐$ ‐$ $ 20,000 Channelside Fishing Const (financed 10yr) ‐$ ‐$ $ 132,000 $ 132,000 $ 132,000 $ 396,000 Addl Business Plan Items Signage$ 5,000 $ 7,500 $ 7,500 $ 10,000 $ ‐ $ 30,000 Restroom Amenity (rental)$ 18,250 $ 18,250 $ 18,250 $ 18,250 $ ‐ $ 73,000 Equipment (gates/bollards)$ 10,000 $ 10,000 $ 10,000 $ 10,000 $ ‐ $ 40,000 Fishing related expenses$ 5,000 $ 10,000 $ 12,000 $ 12,000 $ ‐ $ 39,000 ‐$ ‐$ ‐$ ‐$ ‐$ ‐$

TOTALS $ 204,162 $ 691,702 $ 587,102 $ 504,220 $ 132,000 $ 2,119,186

TOTAL FY 2021‐ FY 2021‐2022 FY 2022‐2023 FY 2023‐2024 FY 2024‐2025 FY 2025‐2026 FUNDING SOURCES 2026 OPERATIONAL AND/OR CITY OF GALVESTON $ 58,250 $ 270,750 $ 179,750 $ 182,250 $ 132,000 $ 823,000 IDC ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ FEMA ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ RESTORE $ 145,912 $ 420,952 $ 407,352 $ 321,970 ‐$ $ 1,296,186 CMP ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ CEPRA/GOMESA ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ INSURANCE ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ HOT ‐$ ‐$ ‐$ ‐$ ‐$ ‐$

FUNDING SOURCES TOTAL $ 204,162 $ 691,702 $ 587,102 $ 504,220 $ 132,000 $ 2,119,186 PARK BOARD 29% 39% 31% 36% 100% 39% OTHERS 71% 61% 69% 64% 0% 61%

FUTURE VISIONING PROJECTS TOTAL FY 2021‐ FY 2021‐2022 FY 2022‐2023 FY 2023‐2024 FY 2024‐2025 FY 2025‐2026 (determing funding source) 2026 DRAFT‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$

NOTES Prior encumbered is for one year prior M & R FEMA MASTER PLANS FACILITY DUDE

4/15/2021 ‐‐ 12:00 PM D E V E L O P M E N T S E R V I C E S Economic Development Department [email protected] | 409-797-3695 | www.galvestontx.gov Memorandum

To: Hon. Mayor and City Council Members From: Michele Hay, Economic Development Coordinator Date: Thursday, April 14, 2021

Re: Shriners Hospital - Texas, Hospital Expansion Project

Background: Shriners Hospital-Galveston and Shriners Hospital-Houston have merged to form Shriners Hospital-Texas. In doing so, the entire Houston operations has moved to Galveston. The hospital is adding approx. 150 full time employees to its existing staff of 200. The Galveston hospital is currently under extensive renovations to update and make room for additional patients, staff and services.

Current Situation: In addition to renovations to the existing hospital, Shriners is also expanding its campus and overall footprint. It has purchased the properties on the adjacent block, south of the campus, and is planning to construct a residential facility and a parking garage. In order to keep their pediatric patients and families from crossing the street to get to the hospital, the parking garage is being designed to span over Postoffice Street. Currently, the design still allows for 2-way traffic to flow down the street, however some portion of on street parking would be eliminated.

Planning staff reached out to the Legal Department for direction on whether a License to Use agreement or a Right of Way agreement would be the appropriate type of agreement for this particular project. While staff has utilized the License to Use agreements for other projects, such as skybridges that span over city streets, the sheer size and permanence of the parking garage structure might require another type of agreement.

Before diving much deeper into this process, staff would like to ensure that Council is aware of the project and is favorable to this design concept.

Recommended Next Steps: Staff is asking for direction from Council on whether or not they are in favor of allowing the parking garage to span across the city street and whether there was a preference as to which type of agreement to utilize.

If favorable, staff would anticipate bringing an agreement back before Council for consideration.

Attachments: Presentation from Rick De La Cruz with Kirksey Architecture

Page 1

GRANTS & HOUSING DEPARTMENT STAFF REPORT 2508 Ball Avenue / Galveston, TX 77550 / (409) 797-3820

Date April 22, 2021

To: City Manager Mayor and City Council Members

From: Alice T. Law, Director Grants & Housing Department

Project location: Projects will be located in the Project: 2021 CDBG & HOME Programs low-moderate income target areas

Request: Discuss the 2021 Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Planning for Proposed Objectives and Projects in the amount of CDBG $1,166,618 and HOME $246,705.

Prior Council Action No prior Council action on this item.

Background

 The CDBG and HOME Programs are administered through the U.S. Department of Housing and Urban Development (HUD). The City of Galveston is an Entitlement Community for the CDBG Program and a Participating Jurisdiction for the HOME Program and receives an annual funding allocation. The programs require a multi-year Consolidated Plan that identifies the City’s housing and non-housing community development needs and actions to address the priority goals within the Plan. The City’s 2019 Consolidated Plan covers the 2021 program year and directs the development of projects to meet the goals.

 The CDBG and HOME Programs’ primary purposes are:

. CDBG Program - to develop, enhance, and preserve urban communities through the provision of funds to provide investments to alleviate physical and economic deterioration, expand housing opportunities, and provide services to the public. . HOME Program - to increase the supply and availability of affordable housing to low- income and very low-income families through homeownership, rental assistance,

GRANTS & HOUSING DEPARTMENT STAFF REPORT 2508 Ball Avenue / Galveston, TX 77550 / (409) 797-3820 residential rehabilitation assistance, housing assistance, and Community Housing Development Organizations.

 All activities or projects funded under the CDBG Program must meet one (1) of three (3) national objectives:

. Benefit low- and moderate-income persons; . Aid in the prevention or elimination of slum or blight; or, . Meet an urgent community development need, as defined by HUD.

 All projects funded under the HOME Program must facilitate affordable housing activities for low and moderate-income households.

 HUD has released the 2021 CDBG and HOME Funding Allocations. The City will receive CDBG funding in the amount of $1,166,618 and HOME funding in the amount of $246,705. The 2021 Allocations are a decrease from the City's 2020 funding in the following amounts: CDBG -$48,071 (+3.96%) and HOME -$28,923 (-10.49%).

 Staff issued public notices for the receipt of funding and the intent to apply for these funds and to receive citizen comments on the planning process for the 2021 CDBG and HOME Programs. No comments were received for the planning process.

 As required by HUD, staff developed a draft list of Community Development and Housing Objectives and a recommended list of eligible proposed projects for City Council’s discussion for consideration of funding to meet the City’s identified Consolidated Plan High Priority Needs. (Attachment A)

Fiscal Impact Report

 Funding Source. The HUD CDBG and HOME Programs: CDBG $1,166,618 and HOME $246,705

 Total Cost. There is no additional cost to the City

Attachments Attachment A – 2021 CDBG and HOME Program Proposed Objectives and Projects

CITY OF GALVESTON 2021 CDBG and HOME Programs - Proposed DRAFT

The U.S. Dept. of Housing & Urban Development (HUD) administers the CDBG and HOME Programs and has released the 2021 CDBG and HOME Funding Allocations. The City will receive CDBG funding in the amount of $1,166,618 and HOME funding in the amount of $246,705. The 2021 Allocations are a decrease from the City's 2020 funding in the following amounts: CDBG -$48,071 (+3.96%) and HOME -$28,923 (-10.49%). CDBG and HOME Program Income has been estimated at a total of $50,000 (CDBG $20,000 and HOME $30,000).

2021 Community Development & Housing Objectives - Proposed DRAFT The following objectives were identified in the City’s 2019 Consolidated Plan to meet the documented High Priority Needs. 1. To provide and expand homeownership opportunities for LMI homebuyers; 2. To provide and expand access to affordable housing through rental subsidies for LMI households and assisting in the prevention of homelessness; 3. To provide housing services to support LMI homeownership, TBRA, and other housing activities; 4. To educate and enforce lead-based paint and other lead hazards rules and regulations; 5. To identify and eliminate barriers to affordable housing and impediments to fair housing; 6. Provide code enforcement and neighborhood revitalization activities to diminish unsafe buildings and lots, blighting influences, and general neighborhood decay in LMI areas; 7. Provide infrastructure enhancement to support neighborhood revitalization and residential development in LMI areas; 8. Promote the health and well-being of city LMI residents through the provision of public and supportive services including youth programs; 9. Provide mechanisms to reduce crime and enhance public safety in LMI areas; 10. To facilitate neighborhood, comprehensive, and individual project management, planning, and capacity building activities for LMI areas; 11. Provide economic development opportunities and Section 3 education for LMI persons and businesses; and 12. Assist in the coordination of homeless resources in the community through participation with and reliance on the Continuum of Care Program.

2021 CDBG Program Projects - Proposed DRAFT Project Description Outcomes 2021 Allocations

Public Service Activities (Requirement Limit of 15% Cap - $174,992) $ 174,890.00 Parks & Recreation Provide staffing to implement summer and after-school supervised Dept. Children & Youth educational / recreational activities at Menard and Wright Cuney Parks and 900 children and Program Recreation Centers for primarily LMI (90%) children and youth ages 5-17 youth $ 147,040.00 Provide officers for extra-duty patrols and equipment to reduce the levels of Police Dept. Crime criminal activity and assist residents in LMI neighborhoods; work with 900 citizen Prevention Program citizens and neighborhood groups to identify and report criminal activity contacts $ 27,850.00

Public Facility & Improvement Activities $ 520,130.00 Provide street improvements in LMI areas to repave existing deteriorated Public Works Dept. streets using City staff to enhance other street paving efforts in the 15 blocks of Streets Repaving residential areas and make safer neighborhood thoroughfares improvements $ 520,130.00

Code Enforcement Activities $ 190,110.00 City Marshall- Provide 4 compliance officers to work in LMI and deteriorated 4,000 Compliance Division neighborhoods to conduct property inspections and reinspections to enforce inspections and Code Compliance local codes and owner notifications and processes for enforcement on non- 900 Officers compliant properties reinspections $ 190,110.00 Project Description Outcomes 2021 Allocations

Affordable Housing Activities $ 48,165.00 Provide management and oversight for the LMI affordable housing programs including tenant-based rental assistance, homebuyer, and other housing Ensure Affordable Housing related issues including projects funded through the CDBG and HOME regulatory Services Programs compliance $ 48,165.00

Planning & Program Administration Activities (Requirement Limit of 20% Cap - $233,323) $ 233,323.00 Ensure CDBG Program Provide management of the CDBG and HOME Programs to ensure regulatory Administration compliance with all regulatory requirements compliance $ 233,323.00

CDBG TOTAL ALLOCATION $ 1,166,618.00

Provide Consolidated Plan Eligible Projects such as code enforcement and affordable housing services from PI received primarily from housing CDBG Program Income rehabilitation loan payments and payoffs and lot clearance, boardup, and Assist in eligible (Estimated) demolition lien payoffs CDBG projects $ 20,000.00

2021 HOME Program Projects - Proposed DRAFT Project Description Outcomes 2021 Allocations

Affordable Housing Activities $ 197,364.00 Due to HUD TX Winter Storm Disaster HOME Waiver, City has use of the Community Housing Development Org. (CHDO) funding to use for other affordable housing projects. Provide Tenant-Based Rental Assistance (TBRA) Grants & Housing Dept. for rental subsidies to assist LMI households with affordable housing costs Tenant-Based Rental including rent payments and security deposits for LMI residents affected by Program (from CHDO the disaster and other LMI households per the TBRA requirements and HUD 3 LMI Set-Aside) Waivers; HUD Waiver reduced CHDO Requirement for 15% Set-aside to 0% households $ 37,006.00 Provide Tenant-Based Rental Assistance (TBRA) for rental subsidies to assist Grants & Housing Dept. LMI households and LMI residents affected by the disaster with affordable Tenant-Based Rental housing costs including rent payments and security deposits per the TBRA 12 LMI Program regulations and HUD Waivers households $ 160,358.00

HOME Program Administration Activities (Requirement Limit increased from 10% to 20% Cap - $49,341) $ 49,341.00 Provide management of the HOME Program to ensure compliance with all Ensure HOME Program regulatory requirements; HUD TX Winter Storm Disaster HOME Waiver regulatory Administration increased Cap Limit to 20% compliance $ 49,341.00

HOME TOTAL ALLOCATION $ 246,705.00

Provide Consolidated Plan Eligible Projects such as TBRA and HOME Program homeownership projects from PI received primarily from homebuyer and Assist in eligible Income (Estimated) housing rehabilitation loan payments HOME projects $ 30,000.00

TOTAL CONSOLIDATED PROGRAMS $ 1,413,323.00 ORDINANCE NO. 21-___

AN ORDINANCE OF THE CITY OF GALVESTON, TEXAS, AMENDING "THE CODE OF THE CITY OF GALVESTON 1982, AS AMENDED”, CHAPTER 34, "TRAFFIC” SECTION 34-118, REGARDING RESIDENTIAL PARKING PERMITS; “SECTION 34-120”, REGARDING RESTRICTED PARKING IN RESIDENTIAL STREETS; PROVIDING FOR REGULATIONS, CLARIFICATIONS, AND AMENDING REQUIREMENTS; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, Staff recommends clarifying, updating and amending regulations pertaining to residential parking permits and regarding restricted parking in residential streets, in the City of Galveston; and,

WHEREAS, the City Council deems it in the public’s interest to amend the Code of the City of Galveston 1982, as amended”, Chapter 34, "Traffic” Section 34-118 , “Prohibiting the sale, transfer or loan of residential parking permits”, and Section 34-120, regarding regulations and requirements for residential parking permits, and restricted parking in residential areas, as provided in Section 2 below.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GALVESTON, TEXAS:

SECTION 1. The findings and recitations set out in the preamble to this Ordinance are found to be true and correct and they are hereby adopted by the City Council and made a part hereof for all purposes.

SECTION 2. Chapter 34, “Traffic” of “The Code of The City of Galveston 1982, as amended, “Division 1.”, “Generally”, Section 34-118, is amended to read and provide as follows:

DIVISION 1. - GENERALLY *** Sec. 34-118. - Prohibiting the sale, transfer or loan of residential parking permits. Residential Parking Area Permits.

(a) A parking permit or pass is considered property of the City and is non-transferable. The following terms shall have the meanings ascribed in this section, unless the context of their usage clearly indicates another meaning:

Address means the Lot upon which there is an improved structure;

Annual Guest Pass means an instrument issued by the city pursuant to this section to a resident for the exclusive use by guests at their property address located within a residential parking area, to be displayed on the dashboard of their vehicle which is parked or left standing within a residential parking area;

1 Chapter 34 – Traffic Residential Parking Permits Commercial Resident Permit means a permit issued by the city pursuant to this section to a commercial business owner whose residence and business is located at the same property address within a residential parking area.

Commercial or service vehicle exemption means the display of a permanent sign or marking which identifies a non-resident commercial or service vehicle being used while the operator is conducting commercial or service related activities shall be deemed a parking permit and such vehicle shall be exempt from any parking restriction as established by this section for any designated permit area.

Motor Vehicle means a motor driven or p r o p e l l e d v e h i c l e r e q u i r e d t o b e r e g i s t e r e d u n d e r t h e l a w s o f t h e S t a t e o f T e x a s , a n d i n c l u d e s p a s s e n g e r c a r , l i g h t t r u c k , m o t o r c y c l e , b u s , c o m m e r c i a l c o n v e y a n c e , t r a i l e r ( s e m i a n d h o u s e ) , a s t h e y a r e d e f i n e d i n t h e T e x a s T r a n s p o r t a t i o n C o d e , o r a n y o t h e r v e h i c l e u s e d t o t r a n s p o r t p e o p l e o r g o o d s a n d w h i c h i s p o w e r e d b y e i t h e r a n i n t e r n a l c o m b u s t i o n e n g i n e , e l e c t r i c m o t o r o r a c o m b i n a t i o n t h e r e o f .

Resident means a person whose place of residence or property is located in the residential parking area as to render him or her eligible for procurement of a residential parking permit under this section. Resident permit means a permit issued by the city pursuant to this section to a resident or property owner within a residential parking area for display on a vehicle owned or used by such resident or property owner which is parked or left standing within the residential parking area. Short-Term Rental means a business property registered through the Parks Board as short-term rental with the City of Galveston.

Temporary visitor pass means an instrument issued by the city upon proof of a temporary, special condition and/or emergent situation; such as occasioned by a death or medical circumstance, for the exclusive use by a visitor, at a property address located within a residential parking area. The seventy-two hour (72) visitor pass shall be displayed on the dashboard of their vehicle which is parked or left standing within a residential parking area.

(b) Except as otherwise authorized, Resident Parking Permits are provided pursuant to the following: a. Resident permit is valid for one year from the date of issuance. b. Annual Guest pass is valid for one year from the date of issuance. c. Temporary visitor pass is valid for the date of issuance and; except as provided herein, shall not exceed one 72-hour period.

(c) Application for permit or annual guest pass. a. Any individual wishing to receive a resident parking permit and/or annual guest pass will be required to complete an application. This application will verify

2 Chapter 34 – Traffic Residential Parking Permits eligibility for a resident parking permit or annual guest pass under the requirements of this section. b. An application for a resident parking permit or annual guest pass may require proof of physical residence at the residential address. Physical residency shall be determined by providing any of the following: i. A valid driver’s license at that address; ii. A valid identification card at that address; iii. A lease agreement, or deed; at that address; iv. The person registered the vehicle or provided proof of insurance of the vehicle located at the person’s home address; v. The person uses the address as the person’s home address on documents such as employment records, and government forms; vi. The person must not claim a homestead exemption on any property other than the physical residential address. c. An application for a commercial resident parking permit or annual guest pass may require proof of ownership of the commercial business located within the residential parking area.

(d) Permits and Passes. a. Two resident permits and two annual guest passes may be issued for each residential property (excluding short-term rentals), per year. i. Up to two (2) additional resident parking permits may be provided only upon proof of meeting the requirements set out for an application for a resident permit. ii. There is a total maximum of four (4) resident parking permits that may be issued per each residential property. b. Commercial resident businesses may be issued two annual guest passes per the commercial business whose business is located in the residential area. c. Short-Term Rentals will be issued a maximum of two annual guests passes per year. d. Temporary visitor passes may be issued at the discretion of the Marshal’s office or other City official, as designated by the City Manager, upon proof of a temporary, special condition and/or emergent situation; such as a death, or medical circumstance. e. Resident permit holders that have sold or traded vehicles or otherwise need a replacement permit may have the permit replaced. The replaced resident permit is valid from the date of the original issuance and shall not be extended.

(e) Display required. a. Resident permits must be affixed to the vehicle in the manner described and provide with the sticker to be valid. Any altered or obstructed resident permit will invalidate the permit and be considered a parking violation regardless if it was assigned properly to a particular residence. b. Annual guest passes must be prominently displayed on the dashboard of the vehicle so that it is clearly visible. Any altered or obstructed guest pass will

3 Chapter 34 – Traffic Residential Parking Permits invalidate the pass and be considered a parking violation regardless if it was assigned properly to a particular residence. c. Temporary visitor passes must be prominently displayed on the dashboard of the vehicle so that it is clearly visible. Any altered or obstructed pass will invalidate the pass and be considered a parking violation regardless if it was assigned properly and not yet expired.

(f) Costs. Initial and Replacement

a. Resident parking permit i. Initial Resident permit ..... no charge; ii. Replacement cost ……($25.00) each;

b. Annual guest pass i. Initial permit ……….….....no charge; ii. Replacement cost……. $500.00 each;

c. Resident Commercial permit i. Initial permit ………..… no charge; ii. Replacement cost …….$25.00 each;

d. Temporary visitor pass shall be issued at no charge. i. Timeframe of a temporary visitor pass may only be extended at the discretion of the Marshal’s Office or other City official as designated by the City Manager, pursuant to proof of the continued temporary special condition and/or emergent situation. ii. Temporary visitor passes may only be extended up to two times and shall not exceed a total of nine (9) days. iii. There is no additional charge for such an extension.

(g) Violation and Penalty. i. Any permit or pass issued under this section shall not guarantee or reserve to the holder a parking space. A parking permit or pass shall not authorize the holder to cause to stand or park a vehicle at such places where parking is prohibited or during such times as when the stopping, standing or parking of vehicles is set aside for specified types of vehicles, nor exempt the holder from observance of any traffic regulation other than the specified parking restrictions. A parking permit or pass confers a privilege only, subject to revocation upon the discretion of the City Marshal’s office or as designated by the City Manager. ii. It shall be unlawful for a person to alter, sell, transfer, loan, purchase, exchange or borrow a residential parking permit. iii. A violation of this section shall be a class C misdemeanor punishable by a fine of five hundred dollars ($500.00). Each day any violation of this section continues shall constitute a separate offense.

4 Chapter 34 – Traffic Residential Parking Permits iv. The alteration, copying or misuse of city property may be subject to additional penalty as permitted by city and state law.

*** SECTION 3. Chapter 34, “Traffic” of “The Code of The City of Galveston 1982, as amended, “Division 1.”, “Generally”, Section 34-120, is amended to read and provide as follows:

Secs. 34-120—34-124. - Reserved. Restricted Parking on streets.

(a) It is unlawful for a person to leave, stand or park a large motor vehicle, travel trailer, personal watercraft or boat, either attached or unattached to a motor vehicle on a public street in any single family residential zoning district in excess of 24 hours.

(b) It is unlawful for a person to park a commercial vehicle larger than one-ton capacity, farm equipment or construction vehicle on a street in any single family residential zoning district for a period of more than 30 minutes, except during the process of loading and unloading or active use.

Secs. 34-121 - 34-124. – Reserved.

SECTION 4. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this Ordinance should be declared invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance.

SECTION 5. All Ordinances or parts thereof in conflict herewith are repealed to the extent of such conflict only.

SECTION 6. All Ordinances of general and permanent nature, and amendments to such Ordinances, hereinafter adopted by the City Council, shall be drafted, so far as possible, as specific amendments of, or additions to, this Code. Amendments to this Code are intended for publication to the Galveston City Code. The Codifier is authorized pursuant to the Galveston City Code to make non-substantive changes to the Ordinance prior to publishing.

SECTION 7. In accordance with the provisions of Sections 12 and 13 of Article II of the City Charter this Ordinance has been publicly available in the office of the City Secretary for not less than 72 hours prior to its adoption; that this Ordinance may be read and published by descriptive caption only.

SECTION 8. This Ordinance shall be and become effective on, from and after its adoption and publication in accordance with the provisions of the Charter of the City of Galveston.

APPROVED AS TO FORM:

______

5 Chapter 34 – Traffic Residential Parking Permits DONNA M. FAIRWEATHER ASSISTANT CITY ATTORNEY

I, Janelle Williams, Secretary of the City Council of the City of Galveston, do hereby certify that the foregoing is a true and correct copy of an Ordinance adopted by the City Council of the City of Galveston at its Regular meeting held on ______, 2021, as the same appears in records of this office.

IN TESTIMONY WHEREOF, I subscribe my name hereto officially under the corporate seal of the City of Galveston this _____ day of ______, 2021.

______Secretary for the City Council Of the City of Galveston

6 Chapter 34 – Traffic Residential Parking Permits Chapter 34 – TRAFFIC Full Chapter with Amendments Highlighted Last updated by Ordinance No. 10-028, § 2, 3-11-10

ARTICLE IX. - GOLF CARTS, NEIGHBORHOOD ELECTRIC VEHICLES, AND OFF HIGHWAY VEHICLES Sec. 34-202. - Definitions.

As used in this Article, the following terms shall have the meanings respectively ascribed to them in this section:

Department: The Marshal’s Office, or as designated by the City Manager.

Director: the Department Director designated by the City Manager.

Golf Carts: means a motor vehicle designed by the manufacturer primarily for use on a golf course pursuant to Texas Transportation Code 551.401.

Neighborhood electric vehicle aka “NEV”: means a vehicle that can attain a maximum speed of 35 miles per hour on a paved level surface as defined in Texas Transportation Code 55.301 and otherwise complies with Federal Motor Vehicle Safety Standard 500 (49 C.F.R. Section 571.500).

Off-highway vehicle: means an all-terrain vehicle, recreational off-highway vehicle, or utility vehicle pursuant to Texas Transportation Code Ch. 551A.

Sec. 34-202.203 - Prohibited on public streets.

(a) Off highway vehicles may not be operated on public roads or on the beach within the City of Galveston; this prohibition does not extend to uses by governmental entities.

(b) Neither NEV’s nor Golf carts are permitted on public streets as follows:

(1) Where the posted speed limit exceeds thirty-five (35) miles per hour; (2) Avenue "O" between 53rd and 15th Streets and Avenue "P", between 19th and 53rd Streets; (3) The Seawall Boulevard from Boddecker Drive to the Seawall Boulevard and 103rd Street; and, (4) Streets which are designated as part of the state highway system, or as identified herein to include; but not limited, to the following: a. State Highway (SH); 275: Harborside Drive from IH 45 to Ferry Road; b. Spur 342: 61st Street from IH 45 to Seawall Blvd; c. State Highway (SH); 87: Broadway Blvd from 59th Street to 6th Street, Seawall Blvd from 6th Street to Ferry Road and Ferry Road from Seawall Blvd to Ferry Landing; d. Farm to Market Road (FM) 3005: Seawall Blvd west from 61st Street to the end of the Seawall Blvd then west on San Luis Pass Road all the way to the toll bridge; e. Farm to Market Road (FM) 188: Teichman Road; f. Interstate Highway (IH): 45 Inbound from the city limits on the north side of the Pelican Island Causeway to 59th Street; g. Park Road: At the State Park out west; h. State Highway (SH): 168: Fort Point Road off of Ferry Road (leads to the Coast Guard Base).

( 3 ) W h i c h a r e d e s i g n a t e d a s p a r t o f t h e s t a t e h i g h w a y s y s t e m , i n c l u d i n g t h e " P e l i c a n I s l a n d C a u s e w a y " .

Sec. 34-203.5 Registration by the State

(a) No golf cart may be operated in the City of Galveston unless it has been registered with the Texas Department of Motor Vehicles pursuant to Tx. Transportation Code 551.402. (b) No NEV may be operated in the City of Galveston unless it has been registered in accordance with Tx. Transportation Code 551.302. (c) An all terrain vehicle utilized by a governmental unit must have a license plate issued by the Texas Department of Motor Vehicles pursuant to Tx. Transportation Code 551A.052

Sec. 34-203. 204 - Registration permit Permit.

Before any golf cart or NEV may be operated over the authorized streets and parking areas of the city, it must be registered and provided a permit with the police department permitted with the Marshal’s Office of the city of Galveston. Registration for a registration. A permit will consist of an annual fee of twenty-five dollars ($25.00) which covers the administrative costs of such registration, permit, and of to include a registration permit decal/emblem. The registration permit process includes the following specifics:

(1) Applicant shall complete the city-supplied registration permit application form, which shall contain the and provide proof of the following: a. Name and address of the applicant owner. b. Location where the vehicle is regularly stored overnight. c. Model, make, name, current color photo and golf cart identification number of each golf cart or NEV. Current Valid driver's license number of owner.

2 Chapter 34 Golf cart-NEV amends Full Chapter d. Proof of financial responsibility consistent with the minimum requirements of the Texas Transportation Code, as amended, for operation of motor vehicles. e. Golf cart/NEV inspection certificate from a city approved golf cart inspection site. i. The inspection certificate shall have an embossed seal or other inspection site identification attached to, affixed, or otherwise made a part of the inspection certificate. ii. The fee for an inspection certificate by an approved golf cart inspection site provider cannot exceed ten dollars ($10.00). iii. A list of approved inspection sites may be obtained from the Marshal’s Office or as determined by the City Manager. f. Proof of registration with the Texas Department of Motor Vehicles; g. Other information which the city may require.

Statement that all operators are required to be licensed pursuant to V.T.C.A., Transportation Code §§ 521.001(3) and 521.021, as amended, and that all equipment required herein is installed and will be kept current during the registration period. f. Statement that the registration permit holder and any user shall indemnify and hold harmless the city for any and all civil liability associated with said registration waives any and all rights to sue or allow subrogation by insurance company.

(2) The registration permit application shall be: Applicant shall: a. Pay accompanied by a fee of twenty-five dollars ($25.00). b. Accompanied by proof of financial responsibility consistent with the minimum requirements of V.T.C.A., Transportation Code § 601.051, as amended, for operation of motor vehicles. Applicant owner must also show their original driver's license and shall provide copies of the both the owner's drivers license and proof of financial responsibility. c. Signed by the applicant owner Read, Affirm and Sign: i. That all operators will be licensed pursuant to the Texas Transportation Code. ii. That all equipment required herein is installed and will be kept current and maintained. iii. That the permit holder and any user shall indemnify and hold harmless the City of Galveston for any and all civil liability associated with said permit, waives any and all rights to sue, or allow subrogation by an insurance company.

3 Chapter 34 Golf cart-NEV amends Full Chapter (5) There shall be a dual registration permit process, whereby registration permits shall be issued principally for operation east of 103rd Street or west of 103rd Street. a. Registration permit applications for operation east of 103rd Street shall require applicants to verify that they have already added the additional safety equipment required for such operation by subsection 34-206(b). b. Registration permits for operation. 1. East of 103rd Street shall be issued a green color permit registration decal. 2. West of 103rd Street shall be issued a red color permit registration decal. c. Golf carts that are registered for operation east of 103rd Street may also be operated west of 103rd Street. Golf carts that are registered for operation west of 103rd Street may not be operated east of 103rd Street.

Sec. 34-204.205 - Revocation.

The registration permit may be revoked if: (1) The owner or driver of a golf cart/NEV fails to abide by the rules and regulations of this chapter. (2) The owner or driver of a golf cart/NEV fails to abide by the traffic laws and the use of a golf cart/NEV on any authorized street or parking area. (3) The owner fails to maintain proof of financial responsibility during the entire permit registration period.

Sec. 34-205 206. - Transfer.

The registration permit is not transferable. Upon the transfer of ownership of the a golf cart/NEV to a person who intends to operate it over authorized streets and parking areas, the new owner must register obtain a permit for the golf cart/NEV and pay the registration permit fee as outlined hereinabove in section 34-203.

Sec. 34-206. 207- Required equipment for golf cart registration permits.

(a) A golf cart/NEV must be equipped with the following minimum equipment as mandated by V.T.C.A., the Texas Transportation Code § 551.404(a) as amended and/or required by the city. All safety equipment shall be maintained as provided by the Texas transportation code or applicable city ordinance to be eligible for a registration permit: (1) Operational headlamps; (2) Operational tail lamps; (3) Side reflectors; (4) Operational parking brake; (5) Rearview mirror(s); (6) Slow moving vehicle sign (decal/emblem) having a reflective surface designed to be clearly visible in daylight or at night from the light of standard headlamps at a distance of at least five hundred (500) feet and shall be mounted base down on the rear of the

4 Chapter 34 Golf cart-NEV amends Full Chapter vehicle at a height from three (3) to five (5) two (2) to four (4) feet above the road surface and shall be maintained in a clean reflective condition. (b) Additionally, golf carts registered for operation principally east of 103rd Street must also be equipped with: (1) (7) Turn signals; (2) (8) Horn; (3) (9) Brake lights; and (4) (10) Seat belts. Equipment and its installation must meet standards provided by the state transportation code, as amended. (c) All such safety equipment shall be maintained as provided by the state traffic laws within the state transportation code, as amended.

Sec. 34-207. 208- Operation regulations.

(a) All drivers must be licensed to operate a motor vehicle as provided by the V.T.C.A., Texas Transportation Code § 521.021, as amended and carry a valid driver's license as provided by V.T.C.A., Transportation Code § 521.025. (b) All drivers of golf carts/NEV’s shall abide by all traffic regulations applicable to vehicular traffic when using the authorized streets and parking areas of the city. (c) Golf carts/NEV’s s shall not be operated on sidewalks at any time. (d) The authorized driver of a golf cart/NEV operating the golf cart/NEV on a street (as defined herein) can cross an excluded street as provided in section 34-202, herein, but otherwise may not operate golf cart/NEV on any excluded street. (e) Golf carts/NEV’s are prohibited from pulling trailers, boats, jet skis, other objects or people on public streets and the right-of-way. (f) Driver and passengers shall: (1) Be limited to limited to the seating capacity as designed by the manufacturer; The number of occupants in a golf cart /NEV shall be limited to the number of persons for whom factory seating is installed and provided on the golf cart; (2) Be seated at all times while the cart is in motion and no part of the body of the operator or occupant shall extend outside the perimeter of the golf cart/NEV while the golf cart/NEV is being operated. The operator shall not permit any occupant of the golf cart/NEV to ride in the lap of any occupant while the golf cart/NEV is in motion; (3) All Occupants, including Children, shall If under the age of seven (7), be restrained by either a adult or by a seatbelt, in accordance with the Texas Transportation Code, and applicable Texas Occupant Restraint laws; (4) If over the age of seven (7), use seatbelts when operating a golf cart east of 103rd Street. (g) Drivers shall maintain financial responsibility as required for other passenger vehicles in accordance with the Texas V.T.C.A., Transportation Code. § 601.051.

Sec. 34-208 209. - Penalties.

5 Chapter 34 Golf cart-NEV amends Full Chapter Any person who violates the terms of this chapter shall be penalized as follows. In addition to traffic violations for which the owner or driver of the golf cart may be subject to pursuant to state law, violations of this article are unlawful and a misdemeanor offense punishable as follows: (1) Violations of section 34-203 shall be punishable by a fine not exceeding fifty dollars ($50.00). Each day a violation continues shall constitute a separate offense. (2) Violations of subsections 34-207(e) or 34-207(f) shall be punishable by a fine not exceeding two hundred dollars ($200.00).

Any person who violates this Chapter shall be guilty of a misdemeanor offense punishable by a fine not to exceed two hundred dollars ($200.00). Each day a violation continues shall constitute a separate offense.

Sec. 34-210 —34-229. - Reserved.

6 Chapter 34 Golf cart-NEV amends Full Chapter ORDINANCE NO. 21-___

AN ORDINANCE OF THE CITY OF GALVESTON, TEXAS, AMENDING "THE CODE OF THE CITY OF GALVESTON 1982, AS AMENDED”, CHAPTER 34, "TRAFFIC” ARTICLE IX, “GOLF CARTS”, PROVIDING FOR CLARIFICATION, DEFINITIONS, AMENDING REGULATIONS; PROVIDING FOR REGULATIONS PERTAINING TO NEIGHBORHOOD ELECTRIC VEHICLES (NEV’S) AND OFF HIGHWAY VEHICLES, AND PROVIDING FOR THE OFFICE OF THE CITY MARSHAL TO PERMIT GOLF CARTS AND NEV’S; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the City is authorized to regulate and control the operation of golf carts, neighborhood electric vehicles (NEV), and off-highway vehicles within the city’s legal boundaries and on its public streets to ensure the public safety and the community; and,

WHEREAS, Staff recommends clarifying, updating and amending regulations pertaining to a golf carts, neighborhood electric vehicle (NEV), and off-highway vehicles in the City of Galveston; and,

WHEREAS, regulations pertaining to a golf cart transportation service has been requested as a needed service in the City of Galveston; and,

WHEREAS, Staff recommends designating the office of the City Marshal as the department to regulate permits for golf carts, and neighborhood electric vehicles (NEV’s); and,

WHEREAS, the City Council deems it in the public’s interest to amend the Code of the City of Galveston 1982, as amended”, Chapter 34, "Traffic” Article IX, “Golf Carts” providing for clarification, definitions, amending requirements and locations of travel; providing for regulations pertaining to neighborhood electric vehicles and off highway vehicles, and providing for the City Marshal to permit golf carts and neighborhood electric vehicles, as provided in Section 2 below.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GALVESTON, TEXAS:

SECTION 2. Chapter 34, “Traffic” of “The Code of The City of Galveston 1982, as amended,” is amended as follows:

ARTICLE IX. – GOLF CARTS, NEIGHBORHOOD ELECTRIC VEHICLES, & OFF HIGHWAY VEHICLES.

Sec. 34-202. - Definitions.

1 Chapter 34 – Traffic Golf Cart, NEV, & Off Hwy Ordinance As used in this Article, the following terms shall have the meanings respectively ascribed to them in this section:

Department: The Marshal’s Office, or as designated by the City Manager.

Director: the Department Director designated by the City Manager.

Golf Carts: means a motor vehicle designed by the manufacturer primarily for use on a golf course pursuant to Texas Transportation Code 551.401.

Off-highway vehicle: means an all-terrain vehicle, recreational off-highway vehicle, or utility vehicle pursuant to Texas Transportation Code Ch. 551A.

Sec. 34-202.203 - Prohibited on public streets. (a) Off highway vehicles may not be operated on public roads or on the beach within the City of Galveston; this prohibition does not extend to uses by governmental entities.

(b) Neither NEV’s nor golf carts are not permitted on public streets as follows:

(1) Where the posted speed limit exceeds thirty-five (35) miles per hour;

(2) Avenue "O" between 53rd and 15th Streets and Avenue "P", between 19th and 53rd Streets; or

(3) The Seawall Boulevard from Boddecker Drive to the Seawall Boulevard and 103rd Street; and,

(4) Streets which are designated as part of the state highway system, or as identified herein to include; but not limited, to the following:

a. State Highway (SH); 275: Harborside Drive from IH 45 to Ferry Road; a. Spur 342: 61st Street from IH 45 to Seawall Blvd; b. State Highway (SH); 87: Broadway Blvd from 59th Street to 6th Street, Seawall Blvd from 6th Street to Ferry Road and Ferry Road from Seawall Blvd to Ferry Landing; c. Farm to Market Road (FM) 3005: Seawall Blvd west from 61st Street to the end of the Seawall Blvd then west on San Luis Pass Road all the way to the toll bridge; d. Farm to Market Road (FM) 188: Teichman Road; e. Interstate Highway (IH): 45 Inbound from the city limits on the north side of the Pelican Island Causeway to 59th Street;

2 Chapter 34 – Traffic Golf Cart, NEV, & Off Hwy Ordinance f. Park Road: At the State Park out west; g. State Highway (SH): 168: Fort Point Road off of Ferry Road (leads to the Coast Guard Base).

( 3 ) W h i c h a r e d e s i g n a t e d a s p a r t o f t h e s t a t e h i g h w a y s y s t e m , i n c l u d i n g t h e " P e l i c a n I s l a n d C a u s e w a y " .

Sec. 34-203.5 Registration by the State

Sec. 34-203. 204 - Registration permit Permit. Before any golf cart or NEV may be operated over the authorized streets and parking areas of the city, it must be registered and provided a permit with the police department permitted with the Marshal’s Office of the city of Galveston. Registration for a registration. A permit will consist of an annual fee of twenty-five dollars ($25.00) which covers the administrative costs of such registration, permit, and of to include a registration permit decal/emblem. The registration permit process includes the following specifics: (1) Applicant shall complete the city-supplied registration permit application form, which shall contain the and provide proof of the following: a. Name and address of the applicant owner. b. Location where the vehicle is regularly stored overnight. c. Model, make, name, current color photo and golf cart identification number of each golf cart or NEV. Current Valid driver's license number of owner. d. Proof of financial responsibility consistent with the minimum requirements of the Texas Transportation Code, as amended, for operation of motor vehicles. e. Golf cart/NEV inspection certificate from a city approved golf cart inspection site. i. The inspection certificate shall have an embossed seal or other inspection site identification attached to, affixed, or otherwise made a part of the inspection certificate. ii. The fee for an inspection certificate by an approved golf cart inspection site provider cannot exceed ten dollars ($10.00). iii. A list of approved inspection sites may be obtained from the Marshal’s Office or as determined by the City Manager. f. Proof of registration with the Texas Department of Motor Vehicles; g. Other information which the city may require.

3 Chapter 34 – Traffic Golf Cart, NEV, & Off Hwy Ordinance Statement that all operators are required to be licensed pursuant to V.T.C.A., Transportation Code §§ 521.001(3) and 521.021, as amended, and that all equipment required herein is installed and will be kept current during the registration period. f. Statement that the registration permit holder and any user shall indemnify and hold harmless the city for any and all civil liability associated with said registration waives any and all rights to sue or allow subrogation by insurance company. (2) The registration permit application shall be: Applicant shall: a. Pay accompanied by a fee of twenty-five dollars ($25.00). b. Accompanied by proof of financial responsibility consistent with the minimum requirements of V.T.C.A., Transportation Code § 601.051, as amended, for operation of motor vehicles. Applicant owner must also show their original driver's license and shall provide copies of the both the owner's drivers license and proof of financial responsibility. c. Signed by the applicant owner Read, Affirm and Sign: i. That all operators will be licensed pursuant to the Texas Transportation Code. ii. That all equipment required herein is installed and will be kept current and maintained. iii. That the permit holder and any user shall indemnify and hold harmless the City of Galveston for any and all civil liability associated with said permit, waives any and all rights to sue, or allow subrogation by an insurance company.

(3) Upon issuance, the registration permit decal shall be attached and displayed upon the right left front panel (driver's side) of the golf cart / NEV so as to be clearly visible. (4) The registration permit shall be effective for one (1) year from the date of registration, permit. or such time as revoked or the golf cart is transferred to a new owner. (5) There shall be a dual registration permit process, whereby registration permits shall be issued principally for operation east of 103rd Street or west of 103rd Street. a. Registration permit applications for operation east of 103rd Street shall require applicants to verify that they have already added the additional safety equipment required for such operation by subsection 34-206(b). b. Registration permits for operation. 1. East of 103rd Street shall be issued a green color permit registration decal. 2. West of 103rd Street shall be issued a red color permit registration decal.

4 Chapter 34 – Traffic Golf Cart, NEV, & Off Hwy Ordinance c. Golf carts that are registered for operation east of 103rd Street may also be operated west of 103rd Street. Golf carts that are registered for operation west of 103rd Street may not be operated east of 103rd Street. Sec. 34-204.205 - Revocation. The registration permit may be revoked if: (1) The owner or driver of a golf cart /NEV fails to abide by the rules and regulations of this chapter. (2) The owner or driver of a golf cart NEV fails to abide by the traffic laws and the use of a golf cart /NEV on any authorized street or parking area. (3) The owner fails to maintain proof of financial responsibility during the entire permit registration period. Sec. 34-205 206. - Transfer. The registration permit is not transferable. Upon the transfer of ownership of the a golf cart /NEV to a person who intends to operate it over authorized streets and parking areas, the new owner must register obtain a permit for the golf cart /NEV and pay the registration permit fee. as outlined hereinabove in section 34-203.

Sec. 34-206. 207- Required equipment for golf cart or NEV registration permits. (a) A golf cart/NEV must be equipped with the following minimum equipment as mandated by V.T.C.A., the Texas Transportation Code § 551.404(a) as amended and/or required by the city. All safety equipment shall be maintained as provided by the Texas transportation code or applicable city ordinance: to be eligible for a registration permit: (1) Operational headlamps; (2) Operational tail lamps; (3) Side reflectors; (4) Operational parking brake; (5) Rearview mirror(s); (6) Slow moving vehicle sign (decal/emblem) having a reflective surface designed to be clearly visible in daylight or at night from the light of standard headlamps at a distance of at least five hundred (500) feet and shall be mounted base down on the rear of the vehicle at a height from three (3) to five (5) two (2) to four (4) feet above the road surface and shall be maintained in a clean reflective condition. (b) Additionally, golf carts registered for operation principally east of 103rd Street must also be equipped with: (1) (7) Turn signals; (2) (8) Horn; (3) (9) Brake lights; and

5 Chapter 34 – Traffic Golf Cart, NEV, & Off Hwy Ordinance (4) (10) Seat belts. Equipment and its installation must meet standards provided by the state transportation code, as amended. (c) All such safety equipment shall be maintained as provided by the state traffic laws within the state transportation code, as amended.

Sec. 34-207. 208- Operation regulations. (a) All drivers must be licensed to operate a motor vehicle as provided by the V.T.C.A., Texas Transportation Code § 521.021, as amended and carry a valid driver's license as provided by V.T.C.A., Transportation Code § 521.025. (b) All drivers of golf carts /NEV’s shall abide by all traffic regulations applicable to vehicular traffic when using the authorized streets and parking areas of the city. (c) Golf carts/NEV’s shall not be operated on sidewalks at any time. (d) The authorized driver of a golf cart /NEV operating the golf cart / NEV on a street (as defined herein) can cross an excluded street as provided in section 34-202, herein, but otherwise may not operate a golf cart/NEV on any excluded street. (e) Golf carts/NEV’s are prohibited from pulling trailers, boats, jet skis, other objects or people on public streets and the right-of-way. (f) Driver and passengers shall: (1) Be limited to limited to the seating capacity as designed by the manufacturer; or The number of occupants in a golf cart /NEV shall be limited to the number of persons for whom factory seating is installed and provided on the golf cart; (2) Be seated at all times while the cart is in motion and no part of the body of the operator or occupant shall extend outside the perimeter of the golf cart /NEV’s while the cart is being operated. The operator shall not permit any occupant of the cart to ride in the lap of any occupant while the cart is in motion; (3) All Occupants, including Children, shall If under the age of seven (7), be restrained by either a adult or by a seatbelt, in accordance with the Texas Transportation Code, and applicable Texas Occupant Restraint laws. (4) If over the age of seven (7), use seatbelts when operating a golf cart east of 103rd Street. (g) Drivers shall maintain financial responsibility as required for other passenger vehicles in accordance with the Texas V.T.C.A., Transportation Code. § 601.051. Sec. 34-208 209. - Penalties. Any person who violates the terms of this chapter shall be penalized as follows. In addition to traffic violations for which the owner or driver of the golf cart may be subject to pursuant to state law, violations of this article are unlawful and a misdemeanor offense punishable as follows:

6 Chapter 34 – Traffic Golf Cart, NEV, & Off Hwy Ordinance (1) Violations of section 34-203 shall be punishable by a fine not exceeding fifty dollars ($50.00). Each day a violation continues shall constitute a separate offense. (2) Violations of subsections 34-207(e) or 34-207(f) shall be punishable by a fine not exceeding two hundred dollars ($200.00).

SECTION 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this Ordinance should be declared invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance.

SECTION 4. All Ordinances or parts thereof in conflict herewith are repealed to the extent of such conflict only.

SECTION 5. All Ordinances of general and permanent nature, and amendments to such Ordinances, hereinafter adopted by the City Council, shall be drafted, so far as possible, as specific amendments of, or additions to, this Code. Amendments to this Code are intended for publication to the Galveston City Code. The Codifier is authorized pursuant to the Galveston City Code to make non-substantive changes to the Ordinance prior to publishing.

SECTION 6. In accordance with the provisions of Sections 12 and 13 of Article II of the City Charter this Ordinance has been publicly available in the office of the City Secretary for not less than 72 hours prior to its adoption; that this Ordinance may be read and published by descriptive caption only.

SECTION 7. This Ordinance shall be and become effective on, from and after its adoption and publication in accordance with the provisions of the Charter of the City of Galveston.

APPROVED AS TO FORM:

______DONNA M. FAIRWEATHER ASSISTANT CITY ATTORNEY

7 Chapter 34 – Traffic Golf Cart, NEV, & Off Hwy Ordinance IN TESTIMONY WHEREOF, I subscribe my name hereto officially under the corporate seal of the City of Galveston this _____ day of ______, 2021.

______Secretary for the City Council Of the City of Galveston

8 Chapter 34 – Traffic Golf Cart, NEV, & Off Hwy Ordinance ORDINANCE NO. 21- ______

AN ORDINANCE OF THE CITY OF GALVESTON, TEXAS, AMENDING THE CODE OF THE CITY OF GALVESTON, AS AMENDED CHAPTER 9, “BICYCLES”, TO AMEND REGULATIONS, PROCEDURES, AND/OR DEFINITIONS; AND TO MAKE CLARIFICATIONS, RENAME, RENUMBER AND REARRANGE THE CHAPTER AS APPLICABLE; PROVIDING FOR PENALITIES AND FEES AS APPLICABLE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING FOR AN EFFECTIVE DATE. ______

WHEREAS, the Galveston City Council seeks to promote the public health, safety, morals and general welfare of the municipality and the safe, orderly, and healthful development of the municipality; and,

WHEREAS, staff has reviewed various Chapters of the City Code. Staff has made recommendations to this Chapter in order to clarify, modify and amend regulations, in furtherance of promoting the public health, safety, morals and general welfare of the municipality and the safe, orderly, and healthful development of the municipality; and,

WHEREAS, the City of Galveston is enriched by an active population and in addition is a popular tourist destination. Many specific areas in the city experience an influx of pedestrian and local traffic. Certain areas in particular have a higher degree of incidents and accidents due to the nature of the pedestrian, vehicular, and motorized / electric bicycle traffic; and,

WHEREAS, the City desires to decrease the number of incidents and accidents in these areas for the safety of its residents and visitors. Prohibiting the operation of motorized / electric bicycles and vehicles/devices regulated by Chapter 9, on certain streets, highways or sidewalks in the city of Galveston can reduce such occurrences; and,

WHEREAS, the City Council deems it in the public’s interest to amend Chapter 9, “Bicycles”, of “The Code of The City of Galveston 1982, as amended,” as provided below.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GALVESTON, TEXAS:

SECTION 2. The City finds that prohibiting the operation of motorized / electric bicycles and vehicles/devices regulated by Chapter 9, on certain streets, highways or sidewalks in the city of Galveston is necessary in the interest of safety to its residents and visitors of the city, in accordance with the Texas Transportation Code. SECTION 3. Chapter 9, “Bicycles”, of “The Code of The City of Galveston”, is amended to read and provide as follows:

Sec. 9-1. - Definitions.

As used in this this chapter: Bicycle means a device propelled by human power through the use of foot pedals upon which a person may ride. Bicycle shop means any place within the city limits where bicycles are sold or repaired in exchange for consideration. Business owner means the owner or operator of a bicycle shop. Electric bicycle means a bicycle that is designed to be propelled by an electric motor, exclusively or in combination with the application of human power, cannot attain a speed of more than 20 28 miles per hour without the application of human power, and does not exceed a weight of 100 pounds. Per the Transportation Code an electric bicycle is categorized in one (1) of three (3) classes: Class I; Class II; and Class III. Electric personal assistive mobility device means a two (2) non-tandem wheeled device designed for transporting one (1) person that is self-balancing and propelled by an electric propulsion system with an average power of 750 watts or one (1) horsepower. Impaired mobility scooter means an electric mobility vehicle utilized by a person with impaired personal mobility and includes a motorized wheelchair. Moped means a motor-driven cycle designed to have when propelled not more than three (3) wheels on the ground, that cannot attain a speed in one (1) mile of more than 30 miles per hour, and the engine of which cannot produce more than five-brake horsepower, and if an internal combustion engine, has a piston displacement of 50 cubic centimeters or less and connects to a power drive system that does not require the operator to shift gears. Motor-assisted scooter means a self-propelled device with at least two (2) wheels in contact with the ground during operation, a braking system capable of stopping the device under typical operating conditions, with a gas or electric motor not exceeding 40 cubic centimeters, and a deck designed to allow a person to stand or sit while operating the device, and the ability to be propelled by human power alone. Motor assisted skateboard means a self-propelled device with at least one (1) wheel in contact with the ground during operation, with a gas or electric motor, and a deck designed to allow a person to stand or sit while operating the device, and the ability to be propelled by human power alone and is commonly known as an electric skateboard, e- board, Esk8, or e-skateboard. Motorized bicycle as per transportation code, shall mean include an electric bicycle and a gasoline powered bicycle.

2 Chapter 9 – Bicycles Ordinance Pocket bike or minimotor bike means a self-propelled vehicle that is equipped with an electric motor or internal combustion engine, has a piston displacement of 50 cubic centimeters or less is designed to propel itself with not more than two wheels in contact with the ground, has a seat or saddle, is not designed for use on a highway, and is ineligible for a certificate of title per Transportation Code. Rental cycle means any nonmotorized vehicle with two (2) or more wheels without regard to the number or placement of seats it contains, in, upon, or by which any person or property is or may be transported or drawn upon a highway, to include but not be limited to a bicycle, three-wheeled cycle, or surrey. Surrey means any nonmotorized recreational vehicle with four (4) or more wheels and with a wheelbase in excess of twenty-four (24) inches, with or without a canopy, and without regard to number or placement of seats it contains, in, upon or by which any person or property is or may be transported or drawn upon a highway. Vehicle Regulated means a device or vehicle regulated herein and shall include; but is not limited to, bicycle, electric bicycle, motorized bicycle, motor driven cycle, motorcycle, pocket bike, surrey, or as otherwise specified in this Chapter. Sec. 9-2. - Scope.

Except as provided herein or under applicable state law, regulations under the term bicycle shall apply to and include vehicles regulated pursuant in this Chapter. Except as provided herein or under state law, these regulations shall apply whenever a bicycle is operated upon any public road way or upon any path set aside for the exclusive use of bicycles. Sec. 9-3. - Obedience to traffic control devices and lighting requirements.

(a) Any person operating a bicycle shall obey the instructions of official traffic control signals, signs and other devices applicable to vehicles unless otherwise directed by a police officer. (b) Whenever authorized signs are erected indicating that no right, left or U-turn is permitted, no person operating a bicycle shall disobey the direction of any such sign except when such person dismounts from the bicycle to make such turn; in which event such person shall then obey the regulations applicable to pedestrians. (c) In addition to the white light required by the Texas Transportation Code Section 551.104, a person may not operate a bicycle at nighttime unless the bicycle is equipped with a lamp that emits a red light visible from a distance of five hundred (500) feet to the rear of the bicycle. (d) Penalty. A violation of this section is a class C misdemeanor punishable by a fine not to exceed fifty dollars ($50.00). Sec. 9-4. - Speed.

3 Chapter 9 – Bicycles Ordinance No person shall operate a bicycle, an electric bicycle or other motorized bicycle vehicle / device regulated herein at a speed greater than is reasonable and prudent under the conditions then existing. Sec. 9-5. - Parking.

No person shall park a bicycle vehicle / device regulated herein upon a street or the sidewalk so as to obstruct the public right-of-way. Sec. 9-6. - Emerging from alley or driveway.

The operator of a bicycle vehicle / device regulated herein emerging from an alley, driveway or building shall, upon approaching a roadway, yield the right-of-way to all pedestrians and to all vehicles in, the roadway being entered. Sec. 9-7. - Riding on sidewalks.

(a) The director of traffic, is authorized to erect signs on any sidewalk or roadway prohibiting the riding of bicycles thereon by any person and when such signs are in place, no person shall disobey the same. (b) Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right-of-way to any pedestrian or user of the sidewalk or public pathway. (c) No electric bicycle, moped, motorized bicycle, motorcycle, motor assisted scooter, motor assisted skateboard or pocket bike may be ridden, operated, or used on any sidewalk adjoining Seawall Boulevard on either the north or south sides. This prohibition is effective at all times including when the motor is not in use. i. No additional signage is required for this section to be in effect. ii. This prohibition does not apply to electric personal assistive mobility devices or impaired mobility scooters. Sec. 9-8. - Duty of rental agencies.

A rental agency shall not rent or offer any bicycle for rent unless the bicycle is equipped with the lamps and other safety equipment required by the codes of the city or state law for day or nighttime operation.

(a) Inspection.

(1) Each rental agency shall inspect each rental cycle offered for rent pursuant to this Chapter, state law or other applicable regulation.

(2) Each inspection shall be for any conditions and/or repair, that may be hazardous or unsafe to a user and shall include; but is not limited to the following: a. Brake check b. Brake cables (frayed or damaged); c. Broken welds, frame damage; 4 Chapter 9 – Bicycles Ordinance d. No duct tape or bailing wire; e. Tire condition (slick or damaged); f. Rim and spoke condition; g. Secured seats, free of damage; h. Steering system checked; i. Frame and frame parts, no temporary repairs; j. Reflectors, lights as required by Consumer Product Safety Commission; k. Cycle horn; l. Chain guards.

(b) Standards. For each rental cycle offered for hire or rent the following standards are required:

(1) Tire and wheels must not exceed manufacturers' limits or recommended load capacity. (2) No person or business shall rent to any person(s) a homemade or modified single person or multi-person cycle of any type. (3) Multi-person rental cycles offered for hire or rent must have working head lights, tail lights and horns. (4) All multi-person rental cycles offered for rent are required to have rack and pinion steering. (5) All surreys or multi-person rental cycles must have drum brakes or disc brakes (coaster brakes are not designed to stop a loaded vehicle weighing five hundred (500) pounds or more).

(c) Prohibited. (1) It shall be unlawful for the owner of a rental cycle to knowingly allow a person under the influence of alcohol to operate a rental cycle. (2) It shall be unlawful for the owner of a rental cycle to knowingly rent, hire or let a rental cycle to a child too small to operate the cycle properly. Rentals of a rental cycle to a child must be supervised by an adult or person licensed to drive.

(d) Insurance required. Each person, corporation, individual or entity which engages in the business of renting rental cycles, shall maintain a policy of public liability insurance in an amount not less than five hundred thousand dollars ($500,000.00) combined single limit, which policy shall be written by an insurance company licensed to do business in the State of Texas. Such insurance policy shall provide to the City of Galveston notice at least thirty (30) days prior to the date of termination or cancellation. Proof of such insurance shall be provided to the city manager, or his or her designee, by a copy of the policy or appropriate certificate of insurance.

Sec. 9-9. – Penalties and Violations. 5 Chapter 9 – Bicycles Ordinance The provisions of sections 34-161—34-172 Chapter 34, Article VI. Violations sections 34-161—34-172 (as amended in this code) shall be applicable only to violations of any of the provisions in this article Chapter. A violation of this chapter shall be a class C misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00), except as specifically noted herein. Secs. 9-10—9-25. - Reserved.

SECTION 5. All Ordinances or parts thereof in conflict herewith are repealed to the extent of such conflict only.

SECTION 8. This Ordinance shall be and become effective on, from and after its adoption and publication in accordance with the provisions of the Charter of the City of Galveston.

APPROVED AS TO FORM:

______DONNA M. FAIRWEATHER ASSISTANT CITY ATTORNEY

I, Janelle Williams, Secretary of the City Council of the City of Galveston, do hereby certify that the foregoing is a true and correct copy of an Ordinance adopted by the

6 Chapter 9 – Bicycles Ordinance City Council of the City of Galveston at its Regular meeting held on ______, 2021, as the same appears in records of this office.

IN TESTIMONY WHEREOF, I subscribe my name hereto officially under the corporate seal of the City of Galveston this _____ day of ______, 2021.

______Secretary for the City Council Of the City of Galveston

7 Chapter 9 – Bicycles Ordinance Chapter 9 - BICYCLES

ARTICLE I. - IN GENERAL

Sec. 9-1. - Definitions.

As used in this this chapter: Bicycle means a device propelled by human power through the use of foot pedals upon which a person may ride. Bicycle shop means any place within the city limits where bicycles are sold or repaired in exchange for consideration. Business owner means the owner or operator of a bicycle shop. Electric bicycle means a bicycle that is designed to be propelled by an electric motor, exclusively or in combination with the application of human power, cannot attain a speed of more than 20 28 miles per hour without the application of human power, and does not exceed a weight of 100 pounds. Per the Transportation Code an electric bicycle is categorized in one (1) of three (3) classes: Class I; Class II; and Class III. Electric personal assistive mobility device means a two (2) non-tandem wheeled device designed for transporting one (1) person that is self-balancing and propelled by an electric propulsion system with an average power of 750 watts or one (1) horsepower. Impaired mobility scooter means an electric mobility vehicle utilized by a person with impaired personal mobility and includes a motorized wheelchair. Moped means a motor-driven cycle designed to have when propelled not more than three (3) wheels on the ground, that cannot attain a speed in one (1) mile of more than 30 miles per hour, and the engine of which cannot produce more than five-brake horsepower, and if an internal combustion engine, has a piston displacement of 50 cubic centimeters or less and connects to a power drive system that does not require the operator to shift gears. Motor-assisted scooter means a self-propelled device with at least two (2) wheels in contact with the ground during operation, a braking system capable of stopping the device under typical operating conditions, with a gas or electric motor not exceeding 40 cubic centimeters, and a deck designed to allow a person to stand or sit while operating the device, and the ability to be propelled by human power alone. Motor assisted skateboard means a self-propelled device with at least one (1) wheel in contact with the ground during operation, with a gas or electric motor, and a deck designed to allow a person to stand or sit while operating the device, and the ability to be propelled by human power alone and is commonly known as an electric skateboard, e-board, Esk8, or e- skateboard. Motorized bicycle as per transportation code, shall mean include an electric bicycle and a gasoline powered bicycle.

1 Chapter 9 – Bicycles Full Chapter with amends Pocket bike or minimotor bike means a self-propelled vehicle that is equipped with an electric motor or internal combustion engine, has a piston displacement of 50 cubic centimeters or less is designed to propel itself with not more than two wheels in contact with the ground, has a seat or saddle, is not designed for use on a highway, and is ineligible for a certificate of title per Transportation Code. Surrey means any nonmotorized recreational vehicle with four (4) or more wheels and with a wheelbase in excess of twenty-four (24) inches, with or without a canopy, and without regard to number or placement of seats it contains, in, upon or by which any person or property is or may be transported or drawn upon a highway. Rental cycle means any nonmotorized vehicle with two (2) or more wheels without regard to the number or placement of seats it contains, in, upon, or by which any person or property is or may be transported or drawn upon a highway, to include but not be limited to a bicycle, three- wheeled cycle, or surrey. Vehicle Regulated means a device or vehicle regulated herein and shall include; but is not limited to, bicycle, electric bicycle, motorized bicycle, motor driven cycle, motorcycle, pocket bike, surrey, or as otherwise specified in this Chapter.

(Ord. No. 08-031, § 2, 6-12-08; Ord. No. 19-080 , § 2, 12-12-19)

Sec. 9-2. - Scope.

(Ord. No. 08-031, § 2, 6-12-08; Ord. No. 19-080 , § 2, 12-12-19)

Sec. 9-3. - Obedience to traffic control devices and lighting requirements.

2 Chapter 9 – Bicycles Full Chapter with amends (d) Penalty. A violation of this section is a class C misdemeanor punishable by a fine not to exceed fifty dollars ($50.00).

(Ord. No. 08-031, § 2, 6-12-08; Ord. No. 19-009 , § 3, 1-24-19)

Sec. 9-4. - Speed.

No person shall operate a bicycle, an electric bicycle or other motorized bicycle vehicle / device regulated herein at a speed greater than is reasonable and prudent under the conditions then existing.

(Ord. No. 08-031, § 2, 6-12-08; Ord. No. 19-080 , § 2, 12-12-19)

Sec. 9-5. - Parking.

No person shall park a bicycle, vehicle / device regulated herein upon a street or the sidewalk so as to obstruct the public right-of-way.

(Ord. No. 08-031, § 2, 6-12-08)

Sec. 9-6. - Emerging from alley or driveway.

(Ord. No. 08-031, § 2, 6-12-08)

Sec. 9-7. - Riding on sidewalks.

(a) The director of traffic, is authorized to erect signs on any sidewalk or roadway prohibiting the riding of bicycles thereon by any person and when such signs are in place, no person shall disobey the same. (b) Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right- of-way to any pedestrian or user of the sidewalk or public pathway. (c) No electric bicycle, moped, motorized bicycle, motorcycle, motor assisted scooter, motor assisted skateboard or pocket bike may be ridden, operated, or used on any sidewalk adjoining Seawall Boulevard on either the north or south sides. This prohibition is effective at all times including when the motor is not in use. i. No additional signage is required for this section to be in effect. ii. This prohibition does not apply to electric personal assistive mobility devices or impaired mobility scooters.

(Ord. No. 08-031, § 2, 6-12-08; Ord. No. 19-080 , § 2, 12-12-19) 3 Chapter 9 – Bicycles Full Chapter with amends Sec. 9-8. - Duty of rental agencies.

(a) Inspection. (1) Each rental agency shall inspect each rental cycle offered for rent pursuant to this Chapter, state law or other applicable regulation.

(2) Each inspection shall be for any conditions and/or repair, that may be hazardous or unsafe to a user and shall include; but is not limited to the following: a. Brake check b. Brake cables (frayed or damaged); c. Broken welds, frame damage; d. No duct tape or bailing wire; e. Tire condition (slick or damaged); f. Rim and spoke condition; g. Secured seats, free of damage; h. Steering system checked; i. Frame and frame parts, no temporary repairs; j. Reflectors, lights as required by Consumer Product Safety Commission; k. Cycle horn; l. Chain guards.

(b) Standards. For each rental cycle offered for hire or rent the following standards are required: (1) Tire and wheels must not exceed manufacturers' limits or recommended load capacity. (2) No person or business shall rent to any person(s) a homemade or modified single person or multi-person cycle of any type. (3) Multi-person rental cycles offered for hire or rent must have front, rear and side reflectors and have working head lights, tail lights and horns. (4) All multi-person rental cycles offered for rent are required to have rack and pinion steering. (5) All surreys or multi-person rental cycles must have drum brakes or disc brakes (coaster brakes are not designed to stop a loaded vehicle weighing five hundred (500) pounds or more).

(c) Prohibited. (1) It shall be unlawful for the owner of a rental cycle to knowingly allow a person under the influence of alcohol to operate a rental cycle.

4 Chapter 9 – Bicycles Full Chapter with amends (2) It shall be unlawful for the owner of a rental cycle to knowingly rent, hire or let a rental cycle to a child too small to operate the cycle properly. Rentals of a rental cycle to a child must be supervised by an adult or person licensed to drive.

(Ord. No. 08-031, § 2, 6-12-08; Ord. No. 19-080 , § 2, 12-12-19)

Sec. 9-9. – Penalties and Violations.

The provisions of sections 34-161—34-172 sections 34-161—34-172 (as amended in this code) shall be applicable only to violations of any of the provisions in this article. A violation of this chapter shall be a class C misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00), except as specifically noted herein. The provision of City Code, Chapter 34, Article VI. “Violations” and as may be amended may apply to violations of this Chapter.

(Ord. No. 08-031, § 2, 6-12-08; Ord. No. 19-080 , § 2, 12-12-19)

Secs. 9-10—9-25. - Reserved.

5 Chapter 9 – Bicycles Full Chapter with amends RESOLUTION NO. 21-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GALVESTON, TEXAS, AMENDING THE POLICY FOR INTERVIEWING CANDIDATES FOR POSITIONS ON THE WHARVES BOARD, PARK BOARD AND PLANNING COMMISSION; ALLOWING FOR THE USE OF INTERVIEW TECHNIQUES AS DEEMED APPROPRIATE BY COUNCIL, PROVIDING FOR THE USE OF A RANKING SYSTEM TO BE SUBMITTED TO THE CITY SECRETARY AT THE CONCLUSION OF INTERVIEWS; PRESERVING THE METHOD OF NOMINATIONS IN ACCORDANCE WITH PREVIOUS RESOLUTIONS OR AS OTHERWISE REQUIRED; AND MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT.

WHEREAS, the City Council has previously adopted Resolution Nos. 16-026 and 20- 036 to set forth a policy to provide for the appointment of members of City Boards, Commissions, and Committees, by the Mayor and each City Council Member; and

WHEREAS, Resolutions 14-041, 15-039 and 16-025 provide that members of various Commissions and Boards be done with each Councilmember making a nomination of an individual for membership on the Board, including the Wharves Board, Parks Board and Planning Commission; and

WHEREAS, Resolution 16-026 provides that nominations for membership on the Wharves Board, Parks Board and Planning Commission will not be made on a District basis; and

WHEREAS, under Resolution 20-036 the City Council set out a procedure to provide that candidates for positions on the Wharves Board, Planning Commission and Park Board (herein Organizations) be interviewed by City Council prior to appointments to those Organizations; and

WHEREAS, the City Council wishes to clarify its policy related to the use of interview methods to expedite the process of filling positions on those Organizations; and

WHEREAS, the City Council wishes to continue its process of ranking candidates based on the information in the applicant’s application and interviews conducted by City Council; and

WHEREAS, City Council wishes to define a process for the nomination of candidates to provide for the most efficient and timely process to appoint persons to those available Organization positions.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GALVESTON, TEXAS:

SECTION 1. The findings and recitations set out in the preamble to this Resolution are found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes.

SECTION 2. The process set out herein shall be utilized for the evaluation of candidates for positions on the Wharves Board, Park Board and Planning Commission, hereinafter collectively referred to as the Organizations.

SECTION 3. Prior to consideration of a candidate application for a position onto any of the Organizations, City Council shall determine the interview technique to be utilized. The determination of which methods to utilize will be decided by vote of City Council in an open meeting of City Council. The City Council may:

 choose to conduct interviews solely by written questions,  choose to conduct solely live (in person, or virtual) interviews, or  by use of both methods mentioned above.

SECTION 4. If City Council decides to conduct interviews solely by written questions then Council shall collaborate in the assembly of the questions to be submitted and the questions will be adopted at a duly posted meeting of City Council.

SECTION 5. If City Council decides to conduct interviews solely by live, either in-person or virtual means, then Council will determine the conduct, format, and logistics under which the live interviews will be undertaken. Council will formally adopt that determination at a duly posted meeting of Council.

SECTION 6. If City Council decides to conduct interviews utilizing a written question and a live interview format, then the City Council after receipt of the written answers submitted by the candidates, will conduct any live interview with the candidates.

SECTION 7. After conclusion of the interviews, each Councilmember will rank each candidate in order of preference on a form provided by the City Secretary and will return that form to the City Secretary for collation of the results. The City Secretary will make the results available to Council upon completion of the results.

SECTION 8. Resolution No. 16-026 is withdrawn in its entirety and is held for naught.

SECTION 9. Nominations to each of the Organizations shall be made in accordance with Resolutions 14-041, 15-039 and 16-025; each member of Council shall be able to nominate a candidate for a position on the Organization as that Councilmember’s appointment comes due and the Council shall vote on the nomination.

SECTION 10. If the nomination of a candidate by a Councilmember does not garner sufficient votes for appointment, the Mayor will nominate a candidate based upon the Order of the collated rankings, with the highest ranked candidate being nominated first. Any Councilmember may second the nomination. A vote will be conducted in the ordinary course of business.

SECTION 11. If the highest ranked candidate is nominated but not appointed by vote of Council, the second ranked person will be nominated by the Mayor and the process repeated until a candidate is appointed by City Council. SECTION 12. This Resolution shall be and become effective from and after its adoption.

APPROVED AS TO FORM:

______DONALD GLYWASKY CITY ATTORNEY

I, Janelle Williams, Secretary of the City Council of the City of Galveston, do hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the City Council of the City of Galveston at its Regular Meeting held on _April 22, 2021, as the same appears in records of this office.

IN TESTIMONY WHEREOF, I subscribe my name hereto officially under the corporate seal of the City of Galveston this _____ day of ______, 2021.

______Secretary for the City Council of the City of Galveston RESOLUTION NO. 21-___

WHEREAS, Resolution 16-026 provides that nominations for membership on the Wharves Board, Parks Board and Planning Commission will not be made on a District basis; and

WHEREAS, the City Council wishes to clarify its policy related to the use of interview methods to expedite the process of filling positions on those Organizations; and

WHEREAS, the City Council wishes to continue its process of ranking candidates based on the information in the applicant’s application and interviews conducted by City Council; and

WHEREAS, City Council wishes to define a process for the nomination of candidates to provide for the most efficient and timely process to appoint persons to those available Organization positions.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GALVESTON, TEXAS:

SECTION 1. The findings and recitations set out in the preamble to this Resolution are found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes. SECTION 2. The process set out herein shall be utilized for the evaluation of candidates for positions on the Wharves Board, Park Board and Planning Commission, hereinafter collectively referred to as the Organizations.

 choose to conduct interviews solely by written questions,  choose to conduct solely live (in person, or virtual) interviews, or  by use of both methods mentioned above.

SECTION 8. After receipt of the results from the City Secretary, nominations to each of the Organizations, the Mayor will nominate a candidate based upon the Order of the collated rankings, with the highest ranked candidate being nominated first. Any Councilmember may second the nomination. A vote will be conducted in the ordinary course of business. SECTION 9. If the highest ranked candidate is nominated but not appointed by vote of Council, the second ranked person will be nominated by the Mayor and the process repeated until a candidate is appointed by City Council.

SECTION 10. This Resolution shall be and become effective from and after its adoption.

APPROVED AS TO FORM:

______DONALD GLYWASKY CITY ATTORNEY

IN TESTIMONY WHEREOF, I subscribe my name hereto officially under the corporate seal of the City of Galveston this _____ day of ______, 2021.

______Secretary for the City Council of the City of Galveston