CITY OF BAYTOWN

NOTICE OF MEETING

CITY COUNCIL REGULAR MEETING THURSDAY, OCTOBER 25, 2012 6:30 P.M. CITY COUNCIL CHAMBER 2401 MARKET STREET BAYTOWN, TEXAS 77520

AGENDA

CALL TO ORDER AND ANNOUNCEMENT OF QUORUM

PLEDGE AND INVOCATION Council Member David McCartney, District No. Six

1. MINUTES

a. Consider Approving the Minutes of the City Council Regular Meeting for October 11, 2012 - City Clerk. Consider approving the minutes of the City Council Regular Meeting held on October 11, 2012.

2. RECOGNITIONS AND CITIZEN COMMUNICATIONS

a. Proclamation: Friends of Libraries Week - Library. Present a proclamation designating October 21-27, 2012, as Friends of Libraries Week.

b. Present Years of Service Awards - Human Resources. Recognize City of Baytown employees for their Years of Service (5, 10, 15 plus years).

c. Present the Employee and Team of the Year - Human Resources. Present the 2011 - 2012 Employee and Team of the Year.

3. PROPOSED ORDINANCES

a. Consider the First Reading of the Annexation of Certain Properties Located in Industrial District No. 3 - Planning and Development Services. Consider an ordinance on the first reading for annexation of certain properties located in Industrial District No. 3, namely the property of the following: LQY Welded Tube, Inc.; Cedar Crossing, L.P.; NSN Properties, LLC; and Bailey Steel Services, Inc.; and portions of the property of the following: Johnnie Jennings; Rosemary Jennings; P. J. Fisher; and Cedar Crossing, L.P, located in Chambers County, Texas.

b. Consider the First Reading of the Annexation of Approximately 2.473 Acres Located on the

b. Consider the First Reading of the Annexation of Approximately 2.473 Acres Located on the South Side of East Wallisville Road and East of North Main Street - Planning and Development Services. Consider the first reading of an ordinance for annexation of approximately 2.473 acres located on the south side of East Wallisville Road and east of North Main Street, legally known as the north 25 feet of Lot 1 of Beltway Gas and Go, the north 25 feet of Lots 3 and 4 of Memorial Baytown Business Park, and Lot 5 of Memorial Baytown Business Park, Harris County, Texas.

c. Consider Amendments to the Noise Ordinance - Legal. Consider an ordinance amending Chapter 34 “Environment,” Article VII “Noise,” Division 1 “Generally” of the Code of Ordinances, Baytown, Texas, to extend the prohibitions regarding unreasonable noise to the area five thousand feet (5,000’) outside the corporate limits; to prohibit noises above established decibel, frequency and peak noise limits; to prescribe the equipment and methods to be used to measure sound; and to exempt certain noises emanating from certain activities.

d. Consider Authorizing Change Order No. 1 for Raccoon Road Lift Station Rehabilitation and 12-inch Force Main Project - Engineering. Consider an ordinance authorizing Change Order No. 1 for Raccoon Road Lift Station Rehabilitation and 12-inch Force Main Project with T&C Construction, LTD.

4. EXECUTIVE SESSION

a. Executive Session: Seek Legal Advice Concerning Schirmbeck v. City of Baytown, et al. - Legal. Recess into and conduct an executive session pursuant to Section 551.071 of the Texas Government Code to seek the advice of the City's attorneys about Cause No. 4:12-cv-02644; Schirmbeck v. City of Baytown, et al, in the United States District Court, Southern Division of Texas, Houston Division.

b. Executive Session: Seek Legal Advice Concerning Oil and Gas Drilling Operations within the City and its Extraterritorial Jurisdiction - Legal. Recess into and conduct an executive session pursuant to Section 551.071 of the Texas Government Code to seek the advice of the City’s attorneys regarding oil and gas drilling operations within the City of Baytown and its extraterritorial jurisdiction.

c. Executive Session: Deliberate the Purchase of Real Property - Legal. Recess into and conduct an executive session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase of real property.

5. RESOLUTIONS

a. Consider Granting a Petition from Chevron Phillips Chemical to Disannex Portions of its Property Located within the City Limits - Planning and Development Services. Consider a resolution granting a petition from Chevron Phillips Chemical for disannexation of a portion of its property that is located within the city limits.

b. Consider Accepting a Petition from Chevron Phillips Chemical to Voluntarily Annex 101.266 Acres of Land - Planning and Development Services. Consider a resolution accepting a petition requesting annexation submitted by Chevron Phillips Chemical, the owner of a 101.266 acre (4,411,169 square feet) tract of land in the George Ellis Survey Abstract No. 21 and in the William Bloodgood Survey, Abstract No. 4, Harris County, Texas.

6. REPORTS

a. Receive City of Baytown Quarterly Financial and Investment Reports for the Quarter Ending September 30, 2012 - Finance. Receive City of Baytown's Quarterly Financial and Investment Reports for the quarter ending September 30, 2012.

b. Present the City of Baytown 2012 Tourism Report - Administration. Present the City of Baytown 2012 Tourism Report.

7. DISCUSSIONS

a. Present and Discuss the City of Baytown Crime Statistics and Prevention Efforts - Police. Present and discuss the City of Baytown crime statistics and crime prevention efforts.

b. Discuss Development at 700 W. Texas Avenue - Administration. Discuss options for the final development at 700 W. Texas Avenue, Baytown, Texas.

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

a. Ordinance: Consider Authorizing an Industrial District Agreement with NSN Properties, L.L.C. - City Management. Consider an ordinance authorizing an Industrial District Agreement with NSN Properties, L.L.C.

b. Ordinance: Consider Granting a Pipeline Permit to DCP Sand Hills Pipeline, LLC - Engineering. Consider an ordinance granting a pipeline permit to DCP Sand Hills Pipeline, LLC, for a new 24-inch pipeline in the City's extraterritorial jurisdiction.

c. Ordinance: Consider Approving the First Amendment to the Professional Services Agreement for BAWA Water Treatment Plant Improvement Project - Engineering. Consider an ordinance approving the Baytown Area Water Authority's First Amendment to the Professional Services Agreement with Malcolm Pirnie for the BAWA Water Treatment Plant Improvement Project.

d. Ordinance: Consider Authorizing the Purchase of Eleven (11) Mobile Digital Video Recording Devices – Police. Consider an ordinance authorizing the purchase of eleven (11) mobile digital video recording devices, all necessary workstation/servers, software/hardware, and installation/configuration services for the Police Department through Department of Information Resources (DIR).

e. Ordinance: Consider Authorizing the Purchase of Eleven (11) Chevrolet Tahoes - Police. Consider an ordinance authorizing the purchase of eleven (11) 2013 Chevrolet Tahoes from Caldwell Country Chevrolet through a cooperative purchasing agreement with Tarrant County.

f. Ordinance: Consider Authorizing a Memorandum of Understanding with Harris County to Redistribute Grant-Funded Vehicles - Police. Consider an ordinance authorizing a Memorandum of Understanding with Harris County to redistribute grant-funded vehicles.

g. Ordinance: Consider the Purchase of a Mobile Concrete Dispenser - Public Works. Consider an ordinance authorizing the purchase of a Mobile Concrete Dispenser through the Houston-Galveston Area Council (H-GAC).

h. Ordinance: Consider Purchasing a 2013 Freightliner Cab and Chassis - Public Works. Consider an ordinance authorizing the purchase of one (1) 2013 Freightliner 108 SD 80 Cab and Chassis through the Houston-Galveston Area Council (H-GAC).

i. Ordinance: Consider a Demolition Contract for two City-Owned Buildings at 108 W. Pearce Street and 407 W. Pearce Street - Planning and Development Services. Consider an ordinance awarding a demolition contract for 108 W. Pearce Street and 407 W. Pearce Street to Inland Environments, LTD.

j. Ordinance: Consider Approving a Budget Amendment to the FCPEMSD FY2011-12 Budget - Fire. Consider an ordinance amending the Baytown Fire Control, Prevention, and Emergency Medical Services District's Fiscal Year 2011-2012 budget in order to reprogram funds from Radio and Testing Equipment to the Capital Improvement Fire Training Facility Project.

k. Ordinance: Consider Amending Section 90-26 of the Code of Ordinances to Increase the Additional Penalty Assessed on Delinquent Ad Valorem Taxes, Penalties and Interest, to Defray the Cost of Collection of Ad Valorem Taxes - Finance. Consider an ordinance amending Section 90-26 "Delinquencies," subsections (a) and (c) of the Code of Ordinances, Baytown, Texas, to increase the additional penalty assessed on delinquent ad valorem taxes, penalties and interest, to defray the cost of collection of ad valorem taxes.

l. Ordinance: Consider Authorizing the City Manager to Negotiate and Execute an Earnest Money Contract with Gerald Teel for Right-of-Way, Detention and Sidewalks for the Baker Road Extension Project - Engineering. Consider an ordinance authorizing the City Manager to negotiate and execute an Earnest Money Contract with Gerald Teel for right-of-way, detention and sidewalks for the Baker Road Extension Project.

m. Ordinance: Consider Granting a Variance for the Baytown Trade Days Event Along Texas Avenue - Health and EMS. Consider an ordinance granting a variance to the distance requirements contained in the Live Outdoor Exhibition Ordinance contingent upon the filing of the requisite application for Baytown Trade Days, which is to be held on November 3, 2012, from 11:00 a.m. to 6:00 p.m. on Texas Avenue; and exempting such event from the application of the City’s Peddlers and Solicitors Ordinance.

BAYTOWN CITY COUNCIL MEETING 1. a. Meeting Date: 10/25/2012 Subject: Consider Approving the Minutes of the City Council Regular Meeting for October 11, 2012 - City Clerk. Prepared for: Leticia Brysch, City Clerk's Office Prepared by: Omega Jones, City Clerk's Office

Information ITEM Consider approving the minutes of the City Council Regular Meeting held on October 11, 2012.

PREFACE Consider approving the minutes of the City Council Regular Meeting held on October 11, 2012.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact (Additional Information): There is no fiscal impact associated with this item. D R A F T MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN

October 11, 2012

The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, October 11, 2012, at 6:32 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance:

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

Stephen H. DonCarlos Mayor

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

Mayor DonCarlos convened the October 11, 2012, City Council Regular Meeting with a quorum present at 6:32 P.M., all members were present with the exception of Council Member Renteria who was absent.

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

1. MINUTES

a. Consider Approving the Minutes of the City Council Regular Meeting for September 27, 2012 - City Clerk.

Alan Hudgins registered to speak before Council regarding agenda item 1.a. and stated that he lives 3047 Ferry Road. Mr. Hudgins stated that he's making a final effort to have city staff respond to the issues he addressed concerning the August 23, 2012 work session minutes.

A motion was made by Mayor Pro Tem Scott Sheley and seconded by Council Member David McCartney approving the September 27, 2012, City Council Regular Meeting Minutes. The vote was as follows:

City Council Regular Meeting Minutes October 11, 2012 Page 2 of 19

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

Nays: None

Other: Council Member Mercedes Renteria III (Absent)

Approved

2. RECOGNITIONS AND CITIZEN COMMUNICATIONS

a. Proclamation: Health and Safety Week - Emergency Management.

Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented a proclamation to Bill Vola designating the week of October 13 - 20, 2012, as Health and Safety Week.

b. Proclamation: Fire Prevention Week - Administration.

Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented a proclamation to Chief Bernard Olive designating October 7-13, 2012 as Fire Prevention Week.

c. Proclamation: Care Enough to Wear Pink - Fire.

Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented a proclamation to Mark Medrano and the Baytown Fire Department designating October as “Care Enough to Wear Pink” month.

d. Proclamation: Code Compliance Month - Administration.

Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented a proclamation to the City of Baytown neighborhood protection officers designating October 2012, Code Compliance Month.

3. PUBLIC HEARINGS

a. Public Hearing at 6:30 P.M.: Regarding the Assessment of Fees for Baytown Public Improvement District Number One - City Management.

At 6:47 P.M., Mayor DonCarlos opened and conducted a public hearing regarding the assessment of fees for the Baytown Public Improvement District Number One for street improvements.

City Council Regular Meeting Minutes October 11, 2012 Page 3 of 19

City Manager Leiper stated that this public hearing allows all interested persons the right to appear and be heard regarding the proposed assessment fees for the Baytown Public Improvement District (PID) Number One for street improvements. He stated that the public improvement was created on September 27, 2007, pursuant to chapter 372 of the local government code. City Manager Leiper stated that the assessments were to reconstruct Bay Oaks Harbor Drive, which is a private street. He stated that over the years the City has worked with the residents to have their utilities transferred over to the City, which is funded through a similar assessment that would be paid off this year. City Manager Leiper stated that when the utilities were transferred over to the City, the residents utility rate decreased by more than half. He stated that because the streets are private and in order for the City to take care of the streets, an agreement was made to advance the funds through the PID and repair the main street and all of the streets would be dedicated to the City. He stated that the assessment would be reimbursed over a ten year period at a 3% interest rate and the residents would have the option of paying the assessment in a lump sum to avoid paying the interest rate. Additionally, he stated that the assessment would be at eighty-five cents per square foot per lot size and if paid over a ten year period would be ten cents per square foot per year which covers the finance cost.

Pedro Coy, Joe Pope, Mitchell Pearce, and Sharlota Pearce all registered to speak before the public hearing regarding agenda item 3.a.

Mr. Coy stated that when he first moved to the subdivision in 1989, there was deed restrictions that stated that the taxes could not be raised no more than 10% of $10 and that since his move in; there were many changes that he does not approve of.

Mr. Pope stated that he pays the $55 maintenance fee and doesn't see why he should have to help pay for the main road and the other streets are not being done. He stated that the circle should be done first and then the main road.

Mr. Mitchell Pearce stated that because the Home Owners Association (HOA) had to take care of the roads, every year they (the HOA) would increase the fees by the allowed 10% of $10 which the fee is now $55. He stated that the HOA spent a quarter of a million dollars renovating the main road and repairing the damage to the drainage system destroyed by hurricane IKE. He stated that the main road is 90% of the drainage to the subdivision and once replaced would address the drainage problem. Mr. Pearce stated that once the streets are no longer maintained by the HOA and the home owner completes the fees for the water transfer, the HOA dues would decrease. Council Member Capetillo inquired if when the residents agreed on the PID, did it require all residents to participate. Mr. Pearce stated that from what he remembered, the legal requirement according to Mr. Haus's input was that there were three criteria: the number of properties, the dollar value of properties, and the number of owners. He stated that the HOA had to have a majority, which were 2 out of 3 of the criteria met. Mr. Pearce stated that the written agreement was signed by property owners and the HOA had all three criteria met.

Mayor DonCarlos closed the public hearing at 7:05 P.M. City Council Regular Meeting Minutes October 11, 2012 Page 4 of 19

b. Resolution: Amending Resolution No. 1884 to Remove the Requirement that the Baytown Redevelopment Authority Prepare a Service and Assessment Plan for Baytown Public Improvement District Number One - City Management.

City Manager Leiper presented the agenda item and stated that at the time the PID was created, it was anticipated that a developer was going to come in and re-develop Bay Oaks Harbor Section II and do the streets in section one on a reimbursement basis based on assessment or increment using the TIRZ Board. He stated that since the City has determined that it would front the monies necessary for the reconstruction and improvement of Bay Oaks Harbor Drive, including utilities and associated drainage infrastructure, as such, there is no need for a development agreement with the Baytown Redevelopment Authority (the "Authority") and Resolution No. 2206 amends Resolution No. 1884, which was passed on September 13, 2007, to repeal Section 4 of the same which reads as follows:

The City Council hereby directs the Baytown Redevelopment Authority to prepare a service and assessment plan for review and approval of the City Council in accordance with Chapter 372 of the Code.

A motion was made by Council Member David McCartney and seconded by Council Member Robert C. Hoskins approving Resolution No. 2206. The vote was as follows:

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

Nays: None

Other: Council Member Mercedes Renteria III (Absent)

Approved

RESOLUTION NO. 2206

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING SECTION 4 OF RESOLUTION NO. 1884 PASSED ON SEPTEMBER 13, 2007, TO REMOVE THE REQUIREMENT THAT THE BAYTOWN REDEVELOPMENT AUTHORITY PREPARE A SERVICE AND ASSESSMENT PLAN FOR BAYTOWN PUBLIC IMPROVEMENT DISTRICT NUMBER ONE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

City Council Regular Meeting Minutes October 11, 2012 Page 5 of 19

c. Ordinance: Approving the Service and Assessment Plan for the Baytown Public Improvement District Number One - City Management.

City Manager Leiper presented the agenda item and stated that Ordinance No. 12,079 approves the Service and Assessment Plan for the Baytown Public Improvement District Number One, pursuant to Chapter 372 of the Texas Local Government Code, the City created the Baytown Public Improvement District Number One on September 27, 2007, via Resolution No. 1884, for the provision of certain public improvements to properties within the district and to levy and collect a special assessment for such improvements.

City Manager Leiper stated that Ordinance No. 12,079 approves such plan for Baytown Public Improvement District Number One concerning the reconstruction and improvement of Bay Oaks Harbor Drive, including utilities and associated drainage infrastructure. He stated that the public improvements would be pre-funded by the City and the City would be reimbursed through a special assessment on the benefited properties. Additionally, City Manager Leiper stated that this would begin in tax year 2013 and the bill would go out at the end of year 2013 so there would be no assessments issued for one year.

A motion was made by Council Member David McCartney and seconded by Council Member Brandon Capetillo approving Ordinance No. 12,079. The vote was as follows:

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

Nays: None

Other: Council Member Mercedes Renteria III (Absent)

Approved

ORDINANCE NO. 12,079

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE SERVICE AND ASSESSMENT PLAN FOR BAYTOWN PUBLIC IMPROVEMENT DISTRICT NUMBER ONE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Ordinance: Levying Special Assessments against Bay Oaks Harbor Properties within Baytown Public Improvement District Number One - City Management.

City Manager Leiper presented the agenda item and stated Ordinance No. 12,080 levies City Council Regular Meeting Minutes October 11, 2012 Page 6 of 19

assessments against properties in the Bay Oaks Harbor Subdivision within Baytown Public Improvement District Number One.

A motion was made by Council Member David McCartney and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,080. The cote was as follows:

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

Nays: None

Other: Council Member Mercedes Renteria III (Absent)

Approved

ORDINANCE NO. 12,080

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, LEVYING AN ASSESSMENT AGAINST BAY OAKS HARBOR PROPERTIES WITHIN BAYTOWN PUBLIC IMPROVEMENT DISTRICT NUMBER ONE; MAKING CERTAIN FINDINGS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

e. Public Hearing: Regarding the Rezoning of 61.45 acres from Mixed Use (MU) District to Light Industrial (LI) District - Planning and Development Services.

At 7:08 P.M., Mayor DonCarlos opened and conducted a public hearing regarding the application for Texas Capital Development Corp. Inc., to rezone approximately 61.45 acres located at the southeast intersection of State Highway 146 Business and State Highway 99, west of Tri-Cities Beach Road, north of the Missouri Pacific Railroad in Harris County, Texas, from a Mixed Use (MU) Zoning District to a Light Industrial (LI) Zoning District.

City Manager Leiper stated that the public hearing on an application to rezone 61.45 establishing a business park with potential warehousing. He stated that this property is located at the southeast intersection of SH 146 Business and SH 99 (Grand Parkway) and is proposed to be a major interchange along the Grand Parkway in the future. City Manager Leiper stated that the expected purpose of the Grand Parkway is primarily to bypass traffic around the congested Houston area for long-distance travelers and truckers, with easy access to the Port of Houston, the Houston Ship Channel and the industrial and commercial uses associated with these areas with the main users expected to be industrial traffic. He stated that this interchange is a reasonable place to create a light industrial use to occur and currently the City's Future Land Use map denotes this property as City Council Regular Meeting Minutes October 11, 2012 Page 7 of 19

"rural/vacant" in which an amendment would need to be made prior to the rezoning of this property to light industrial.

City Manager Leiper stated for clarification, that the only thing that is being done at this meeting is the public hearing and there would not be a vote on this item tonight. He stated that the idea for this property is to accommodate an orderly transition to the Grand Parkway when it comes which would impact the front of this property. Additionally, he stated that the City is working on getting a temporary traffic light put up at Highway 99 and Tri-City Beach Road until the Grand Parkway comes in.

Dwala Cargill, Tim Hazelwood, Rosemarie Hamon, Lisa Ritter, Jimmy Ritter, Gayl Fritz, Joel Fritz, Leisha Brown, Mary Litton, Matt Wells, Alan Hudgins, Joey Campbell, and C.H. Wood all registered to speak before Council regarding agenda item 3.e.

Council Member Capetillo suggested having the developer speak before the public hearing regarding their plans for rezoning

Mr. Matt Wells, a representative from Wells Holding the land owner and developer of the 90 Acre tract stated that they are trying to extend the light industrial (LI) use across the 90 acre tract toward the east and keep the northern part of the tract as mixed use (MU) zoning. He stated that they are proposing a mixed use business park that includes retail, office, office warehouse, distribution warehouse, and light manufacturing. He stated that the park would be architectural controlled and also use restrictions above and beyond what the City already has in place.

Mr. Wells stated that in meeting with the Evergreen HOA and some of the land owners, there were concerns regarding noise, traffic, light pollution, use, and the buffers. He stated that most of the concerns are controlled by the City's current ordinances. He stated that they don't have access to the railroad's right-of-way and they don’t own the railroad so he could not speak on what’s going with the railroad. He stated that the distance between their property and the nearest house is about a 1/2 of a mile.

Council Member Sheley inquired of the hours of operations. Mr. Wells stated that the hours of operation are determined by tenants but could also be included in the restrictions, if necessary.

Council Member Capetillo inquired if there was a plan to have the viewing not look industrial and not have the warehouse visible. Mr. Wells stated that there is about 30 feet of aggregate on the side of the railroad that is wooded area. He stated that the LI requires a buffer of 50 feet around the zoning itself and he believes that the misconception is that when they went to P&Z, they proposed a landscape ordinance to remove that buffer because it didn't make economical sense to plant trees and maintain a buffer that no one would see. Mr. Wells stated that they are in agreement with having a 100 feet railroad buffer with trees on both sides of the railroad with the 50 feet buffer required by LI zoning and they would not have to maintain it. City Council Regular Meeting Minutes October 11, 2012 Page 8 of 19

Mr. Wells stated that they would like to have a meeting with the land owners to discuss and show pictures of their projected plan, as well as, projects that they have done. Council Member Capetillo inquired if they have any types of businesses that are already interested if the project moves forward and of the access area. Mr. Wells stated that they have not been able to market the retail aspect because of the uncertainty of the right-of- way for the grand parkway, but stated that they have interest from fuel service providers for gas stations. Mr. Wells stated in regards to the access, that the consumer traffic would come in at the light signal and the truck traffic would be routed toward the back of the facility coming off of Highway 146.

During further discussion, Council Member McCartney asked Mr. Wells how their plans would be affected if someone was interested in drilling wells. Mr. Wells stated that they are meeting with a company on tomorrow who's interested in drilling new wells, but regarding their particular track, they have to provide access to the wells that they currently have that are in operation. Mr. Wells stated that there is one proposed on their site already and permitted through the RRC that they are not sure of what's going to result of as this point. Council Member McCartney inquired if this would put the project in jeopardy. Mr. Wells stated that he didn't see how it could, but he would have to know what that requestor is doing first.

All of the registered speakers opposed to the rezoning with the exception of Mr. Tim Hazelwood, Mr. Alan Hudgins, and Mr. C.H. Wood. Mr. Hazelwood who has a business at 1530 Evergreen Road stated that he approves of the project. Mr. Hudgins inquired as to why if the same criteria for the rezoning request of this project and the request submitted by Palmer Logistics, while they are nearly identical rezoning cases and location, result in one being recommended for denial for not being in compliance with the comprehensive plan and the other being approved although not being in compliance with the comprehensive plan. Mr. Wood stated that he understood the residents’ feelings, but that if the property is vacant it should be put to use for the good of the City.

Mayor DonCarlos closed the public hearing at 8:10 P.M.

f. Public Hearing: Regarding Amendments to the Baytown 2025 Comprehensive Plan to Update the Future Land Use - Planning and Development Services.

At 8:11 P.M., Mayor DonCarlos opened and conducted a public hearing regarding an amendment to the Baytown 2025 Comprehensive Plan (Future Land Use Map) concerning approximately 61.45 acres of land generally located at the southeast intersection of State Highway 146 Business and State Highway 99, west of Tri-Cities Beach Road, north of the Missouri Pacific Railroad in Harris County, Texas.

City Manager Leiper stated that this proposed amendment to the Baytown 2025 Comprehensive Plan (Future Land Use Plan Map) addresses approximately 61.45 acres of land generally located at the southeast intersection of State Highway 146 Business and City Council Regular Meeting Minutes October 11, 2012 Page 9 of 19

State Highway 99, west of Tri-Cities Beach Road, north of the Union Pacific Railroad. The request is to change the designation on the map to "Industrial" where currently the Future Land Use Map shows the parcel as "Rural/Vacant."

With there being no one registered to speak, Mayor DonCarlos closed the public hearing at 8:12 P.M.

g. Public Hearing: Regarding an Amendment to Chapter 130 and the Unified Land Development Code to Allow Drive-Throughs in the ACE District - Planning and Development Services.

At 8:12 P.M., Mayor DonCarlos opened and conducted a public hearing regarding the application of Robert Hoskins and Brandon Capetillo amending Section 130- 572 “Supplementary use standards” of the Baytown Code of Ordinances, and Article Two, Division 3 “Land use tables and conditions” of the Baytown Unified Land Development Code to allow for drive-through in certain areas of the Arts, Cultural, and Entertainment (ACE) Zoning District.

City Manager Leiper stated that this proposed an amendment to Chapter 130 (Zoning), Baytown Code of Ordinances and to Article Two, Division 3 of the Baytown Unified Land Development Code (ULDC) to permit drive-through in the ACE zoning district. He stated that the proposed ordinance would permit drive-through businesses such as banks, pharmacies and restaurants on the periphery of the ACE zoning district. He stated that permitted drive-through in the ACE district would require screening adjacent to residential properties. Entrances and exits for the drive-through would not be permitted along Texas Avenue.

City Manager Leiper stated that because of the unique characteristics of the ACE zoning district, consideration of the benefits and consequences of this proposed amendment should be taken to preserve the goals and intentions of this district. He stated that the ACE district was created with the goal of revitalizing and creating an art, cultural and entertainment district for Baytown. He stated that the limited permitted uses in the ACE district are to minimize incompatible uses and maintain the traditional downtown character that is a goal of the ACE district. Permitting drive-through in the ACE zoning district under the proposed conditions has several benefits, including:

 Potential increased economic development. The allowance of drive-through may encourage new development in the district.  The prohibition of new entrances and exits onto Texas Avenue allows customers to be routed to a traffic controlled intersection on a side street.  Screening requirements and location standards position drive-through out of the line of sight on Texas Avenue and screen the sight and lighting from neighboring residential uses.

City Manager Leiper stated that the proposed ordinance also has disadvantages that may contradict the goals and intentions of the ACE district. City Council Regular Meeting Minutes October 11, 2012 Page 10 of 19

 The allowance of drive-through contradicts the goal that the ACE district will be a more pedestrian-scaled place.  Currently, drive-through restaurants are explicitly prohibited in the ACE district.  The City Council did not include development standards when they adopted the ACE district. This proposed amendment may be better considered with the overall set of design standards for the district instead of this freestanding ordinance.

Chris Presley, Mary Litton, C.H. Wood, Carlos Del Toro, and Brian Montgomery all registered to speak before Council regarding agenda item 3.g.

Mr. Chris Presley, 400 W. Texas Avenue, stated that Mary Litton rendered her speaking time to him. Mr. Presley stated that a face to face pick up lane without a loud speaker and includes exits only instead of entrance and exits should be allowed in the ACE district as it would not interfere with noise regulations or pedestrians. Additionally, he stated that having exits only would create a safer traffic flow for cars and pedestrians.

Mr. Carlos Del Toro stated that he lives 705 Fleetwood in the Graywood area and that his primary concerns if the drive-through was allowed were the traffic flow, the littering, and the noise that would be brought to his subdivision considering all of which has increased within the last ten years.

Mr. Brian Montgomery stated that he lives at 2100 W. Baker and opposed to having the drive through establishment in the ACE district.

Mr. C.H. Wood stated that he agree to have a drive through but on the further end facing outward not inward and suggested having a park on the some of the vacant lots in the ACE district.

Mayor DonCarlos closed the public hearing at 8:42 P.M.

h. Ordinance: Consider an Amendment to Chapter 130 and the Unified Land Development Code to Allow Drive-Throughs in the ACE District - Planning and Development Services.

Chris Presley registered to speak before Council regarding agenda item 3.h. but did not do so.

There was no motion on this item.

4. PROPOSED ORDINANCES

City Manager Leiper requested to consider item 4.b.

City Council Regular Meeting Minutes October 11, 2012 Page 11 of 19 a. Consider Amendments to the Noise Ordinance - Legal.

Mayor DonCarlos stated that the proposed ordinance amends Chapter 34 “Environment,” Article VII “Noise,” Division 1 “Generally” of the Code of Ordinances, Baytown, Texas, to extend the prohibitions regarding unreasonable noise to the area five thousand feet (5,000’) outside the corporate limits.

City Manager Leiper stated that this item was placed on the regular agenda to continue the discussions started in recent work sessions which allows for more citizen input and eliminates the discussion time constraint of a work session. He stated that when Council feels comfortable with the proposed ordinance, Council can consider adoption or place the item on future agendas to continue discussions.

City Manager Leiper stated that the only change between this and the previous was the decibel levels were lowered to the number discussed at the work session.

Council Member Hoskins stated that frequencies should be considered because some noise can't be picked up unless the frequency is monitored as well. He suggested amending this item to incorporate item 4 from listings provided from previous meetings. He stated that Council should also consider adding something similar to LaPorte's Industrial Property Chart and the impact noise or peek noise.

City Manager Leiper suggested that staff be allowed more time to collaborate the comments from Council and the Friends of Cedar Bayou to bring back before Council.

Beverly Valentino and Alan Hudgins both registered to speak before Council regarding agenda item 4.a.

Mr. Alan Hudgins stated that he lives at 3047 Ferry Road and inquired if any amendments necessary to improve the enforcement capabilities of this ordinance would be ongoing and available to the public as frequently as needed; if all of the barge terminal property now under construction on Cedar Bayou near Roseland Park would be covered by this noise ordinance and that noise complaints do not have to go through the alternative dispute resolution process. He also inquired about item 10 under exceptions- exempt sound produce from the ordinary or lawful use of a motor vehicle or commercial vehicle. He stated that under exception item number 6 - exemption of certain mechanical equipment; state law sets a maximum decibel level of 85. City Manager Leiper explained item 10 and stated that the lawful vehicle term means that if you are driving a legal vehicle down the street at legal speeds; it is not a violation of the noise ordinance even if it exceeds the decibel levels. Council Member Hoskins stated that if the decibel level is lowered in item 6, lawn mowers would be in violation.

Council Member Capetillo inquired in regards to enforcement, if an officer had the ability to enforce this ordinance with or without a sound meter. City Attorney, Ignacio Ramirez stated that under current law, a peace officer could use a reasonable person standard and City Council Regular Meeting Minutes October 11, 2012 Page 12 of 19 the intention is to leave that in and not require a meter. One of the changes proposed was to clarify further that a meter is not required.

City Manager Leiper stated that an enforcement plan would be developed once the rules are put in place.

Council Member Capetillo inquired for clarity regarding item 3.f. of the exceptions portion of the ordinance, if this refers to an outdoor event sponsored or co-sponsored by the City. City Manager Leiper stated that Council Member Capetillo's understanding was correct and also stated that the fact that the noise could be heard does not mean that it is a violation of the noise ordinance but has to exceed the decibel level.

A motion was made by Council Member Robert C. Hoskins and seconded by Council Member David McCartney approving the amendments to the noise ordinance. The vote was as follows:

Ayes: None

Nays: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Mayor Pro Tem Scott Sheley

Other: Council Member Mercedes Renteria III (Absent)

Rejected

A motion was made by Council Member Robert C. Hoskins and seconded by Council Member David McCartney amending this item to incorporate what Pasadena has on item 4 - decibel limits and band frequencies from listings provided from previous meetings; also add something similar to LaPorte's Industrial Property Chart and the impact noise or peek noise. The vote was as follows:

Ayes: Council Member Robert C. Hoskins

Nays: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member David McCartney, Council Member Terry Sain, Mayor Pro Tem Scott Sheley

Other: Council Member Mercedes Renteria III (Absent)

Rejected

City Council Regular Meeting Minutes October 11, 2012 Page 13 of 19

b. Consider an Extension to the Limited Variance to Alcohol Sales Restriction granted via Ordinance No. 11,782 for a Pharmacy/Convenience Store at Ward and Alexander - Planning and Development Services.

City Manager Leiper presented the agenda item and stated that Section 6-2 of the Code of Ordinances restricts the sale of alcohol within 300 feet of a day care. Last year, the City Council granted a limited variance, at the request of the developer, to construct a pharmacy/convenience store that will sell alcohol for off-premises consumption within 300 feet of a day care. The proposed development is located at the southwest intersection of Ward Road and N. Alexander Drive that currently contains a bank and lease space. He stated that the developer's current variance expires on October 26, 2012, and Ordinance No. 12,081 extend the variance until December 31, 2013.

City Manager Leiper stated that the owner of the day care indicated that she has no objection to the proposed development and also indicated that she has had no issues with the sale of alcohol that occurs at the adjacent CVS Pharmacy.

The "Let's Learn Christian Learning Center" is located at 1511 N. 10th Street to the east approximately 290 feet from the subject property. The subject property is surrounded by rights-of-way - Ward Road to the north, N. Alexander to the east, Peggy Avenue to the south, and N. 8th Street to the west. There are numerous establishments in the immediate area that currently sell alcohol for on or off-premises consumption, including two filling stations, a grocery store, a restaurant, a bowling alley, a pharmacy/convenience store, and a bar.

A motion was made by Council Member David McCartney and seconded by Council Member Terry Sain approving Ordinance No. 12,081. The vote was as follows:

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

Nays: None

Other: Council Member Mercedes Renteria III (Absent)

Approved

ORDINANCE NO. 12,081

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN EXTENSION OF THE LIMITED VARIANCE TO SECTION 6-2 (A)(2) OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, ORIGINALLY GRANTED VIA ORDINANCE NO. 11,782, TO ALLOW THE ISSUANCE OF A WINE AND BEER RETAILER’S City Council Regular Meeting Minutes October 11, 2012 Page 14 of 19

OFF-PREMISE PERMIT AT A PROPOSED PHARMACY/CONVENIENCE STORE TO BE LOCATED AT 1515 N. ALEXANDER DRIVE UNTIL DECEMBER 31, 2013; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

5. REPORTS

a. Receive report on the Comprehensive Plan Annual Report and Strategic Action Plan - Planning and Development Services.

City Manager Leiper presented the agenda item and stated that the purpose of the Comprehensive Plan Annual Report and Strategic Action Plan is to provide a continuing focus on the implementation of the Plan. This report highlights accomplishments and the status of efforts to implement the Comprehensive Plan. The Strategic Action Plan is based upon a review of the 2025 Comprehensive Plan adopted by City Council on May 22, 2007.

City Manager Leiper stated that the Planning and Zoning Commission received the Comprehensive Plan Annual Report at its July 17th meeting and reviewed it at its August 21st and September 18th. At its September 18th meeting, the Commissioners provided comments and voted to forward it to Council.

Planning Director, Kelly Carpenter stated that out of the many successes toward moving the plan forward, she would highlight five which are the following:

 Staff continued to aggressively pursue sub-regional drainage by working with developers to identify an area large enough to accommodate the drainage from several projects and then obtain the easements to get the outfall to that pond: City Manager Leiper stated that the Academy Project and the Baker Road Project are examples of sub-regional detentions. City Manager Leiper stated that because the regional was didn't work and the cost of conveyance was too much, the drainage plan was updated and changed to a sub regional detention. City Manager Leiper stated that the sub-regional detentions are mapped throughout the entire city;  City Council adopted new land development regulations that were recommended in the comprehensive plan in 2012, and now the remapping process is ongoing;  The Mobility Plan, which is called the Major Thoroughfare Plan in the Comprehensive Plan, is updated with a complete final draft to be taken to the planning commission next week with hopes of them potentially taking action in December;  The Texas Avenue Model Streetscape Project is complete; and  The sidewalk requirements for Baytown are in place thanks to Council for adopting amendments to the subdivision regulations.

Alan Hudgins registered to speak before Council regarding agenda item 5.a. and stated that he lives at 3047 Ferry Road. Mr. Hudgins inquired as to why the mobility plan has City Council Regular Meeting Minutes October 11, 2012 Page 15 of 19

not been updated as recommended. In response to Mr. Hudgins inquiry, Mayor DonCarlos stated that recommendations are not requirements.

6. CONSENT

A motion was made by Mayor Pro Tem Scott Sheley and seconded by Council Member David McCartney approving consent agenda items 6.a. through 6.h. The vote was as follows:

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

Nays: None

Other: Council Member Mercedes Renteria III (Absent)

Approved a. Ordinance No. 12,082: Consider Authorizing Change Order No. 5 for Steinman Lift Station Project - Engineering.

ORDINANCE NO. 12,082

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 5 WITH T&C CONSTRUCTION, LTD., FOR THE STEINMAN LIFT STATION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED EIGHTY-SEVEN THOUSAND SIX HUNDRED NINETY-EIGHT AND 36/100 DOLLARS ($187,698.36); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Ordinance No. 12,083: Consider Authorizing the Renewal of TAGCO Associates, LP, as Provider of Retiree Benefits - Human Resources.

ORDINANCE NO. 12,083

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE RENEWAL OF A SERVICES AGREEMENT WITH TAGCO ASSOCIATES, LP, AS RETIREE BENEFITS ADMINISTRATOR; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED EIGHTY-SIX THOUSAND SIX HUNDRED FIFTY-SIX AND NO/100 DOLLARS ($586,656.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

City Council Regular Meeting Minutes October 11, 2012 Page 16 of 19

c. Ordinance No. 12,084: Consider the Purchase of (1) Pierce Quantum Pumper Truck - Fire.

Council Member Hoskins inquired if the purchase was in line with the opening of the station. City Manager Leiper stated that it was in line with the opening, but if the truck was not ready the opening of the station would not delay the opening and a reserved would be used.

ORDINANCE NO. 12,084

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SIX HUNDRED TWENTY-TWO THOUSAND FOUR HUNDRED FIFTY-SIX AND NO/100 DOLLARS ($622,456.00) TO SIDDONSMARTIN EMERGENCY GROUP THROUGH THE HOUSTON- GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) PIERCE QUANTUM PUMPER TRUCK FOR THE FIRE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

d. Ordinance No. 12,085: Consider Purchase and Installation of Furniture for Houston HIDTA - Finance/Purchasing.

ORDINANCE NO. 12,085

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SIXTY-ONE THOUSAND SEVEN HUNDRED FIFTY-TWO AND 59/100 DOLLARS ($61,752.59) TO GLOBAL DISTRIBUTORS, INC., THROUGH FEDERAL SUPPLY SCHEDULE 71 OF THE UNITED STATE’S GENERAL SERVICES ADMINISTRATION FOR THE PURCHASE AND INSTALLATION OF FURNITURE FOR THE HOUSTON HIGH INTENSITY DRUG TRAFFIC AREA; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Ordinance No. 12,086: Consider the Purchase and Installation of a Radar Speed Trailer for Houston HIDTA - Finance/Purchasing.

ORDINANCE NO. 12,086

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF EIGHTY-EIGHT THOUSAND THREE HUNDRED FORTY-EIGHT AND 98/100 DOLLARS ($88,348.98) TO ELSAG NORTH AMERICA, LLC, THROUGH FEDERAL SUPPLY SCHEDULE 84 OF THE UNITED STATE’S GENERAL SERVICES ADMINISTRATION FOR THE PURCHASE OF A RADAR SPEED TRAILER FOR THE HOUSTON HIGH INTENSITY DRUG TRAFFIC AREA; MAKING OTHER PROVISIONS City Council Regular Meeting Minutes October 11, 2012 Page 17 of 19

RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

f. Ordinance No. 12,087: Consider Authorizing an Interlocal Agreement with the Baytown Municipal Development District for the Funding of Property Acquisition Costs Related to the Baker Road Extension Project - City Management.

ORDINANCE NO. 12,087

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR FUNDING OF PROPERTY ACQUISITION COSTS RELATED TO THE BAKER ROAD EXTENSION PROJECT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

g. Resolution No. 2207: Consider Authorizing the Submission of a FEMA Community Resilience Innovation Challenge Grant - Emergency Management.

RESOLUTION NO. 2207

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR A 2012 COMMUNITY RESILIENCE INNOVATION CHALLENGE GRANT IN THE AMOUNT OF THIRTY THOUSAND AND NO/100 DOLLARS ($30,000.00) TO FUND ENHANCEMENTS TO THE COMMUNITY EMERGENCY RESPONSE TEAM (CERT) TRAINING PROGRAM; DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

h. Resolution No. 2208: Consider Authorizing the City Manager and the Emergency Management Coordinator to Apply for, Approve, and Accept the Emergency Management Performance Grant for Fiscal Year 2012 and Subsequent Years - Emergency Management.

RESOLUTION NO. 2208

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER AND THE EMERGENCY MANAGEMENT COORDINATOR TO MAKE APPLICATIONS TO THE TEXAS DEPARTMENT OF PUBLIC SAFETY FOR THE FEDERAL EMERGENCY MANAGEMENT AGENCY’S EMERGENCY MANAGEMENT PERFORMANCE GRANT FOR FISCAL YEAR 2012 AND SUBSEQUENT YEARS; AUTHORIZING SUCH PERSONS TO ACCEPT City Council Regular Meeting Minutes October 11, 2012 Page 18 of 19

OR AFFIRM ANY FUNDS, GRANTS AND/OR REIMBURSEMENTS THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

7. MANAGER'S REPORT a. Announce the West Baytown Fall Clean-up - Health and EMS.

City Manager Leiper presented the agenda item and stated that the West Baytown Fall Clean-up would take place on October 20, 2012, from 9:00 A.M. to 2:00 P.M. at Bergeron Park. b. Announce B.E.A.T. Alley Schedule for Fall 2012 - Fire.

City Manager Leiper presented the agenda item and stated that the Baytown Educational Action Team provided a schedule for this fall's fire and life safety education program.

All programs begin at 8 AM and run approximately 30-45 minutes and the second program starts approximately 15 minutes later. c. Announce Upcoming Dates of the Remapping Baytown Project Schedule for Area No. 4. - Planning and Development Services.

City Manager Leiper stated that the next neighborhood meetings of the Remapping Baytown Project Schedule for area No. 4 which covers council districts 5 and 6 would be on October 18th and 23rd, 2012, at 6:00 P.M. at James Bowie Elementary, located at 2200 Clayton, Baytown, Texas, 77520.

Additionally, he stated as the remapping is moving forward, the Future Land Use Map would also be updated. City Manager Leiper stated that although it is required by state law to say that on it, the future land use map is not a zoning map, however it is important that as the city looks at what is going to be zoned in the city, they look at the future land use map for areas outside of the city. d. Announce the Family Fall Fest at the Sterling Municipal Library - Library.

City Manager Leiper stated that the 2012 Fall Fest is on Saturday, October 20, 2012, from 11:00 A.M. to 2:00 P.M. at the Sterling Municipal Library, located at 1 Mary Wilbanks Ave, Baytown, Texas, 77520. e. Announce Early Voting by Personal Appearance Information for the November 6, 2012, Special Election - City Clerk.

City Manager Leiper stated that early voting begin on October 22, 2012 and end on November 02, 2012. He stated that Harris County registered voters can vote at the Baytown Community Center, Tejas Room, 2407 Market Street, Baytown, City Council Regular Meeting Minutes October 11, 2012 Page 19 of 19

77520 and Chambers County registered voters can vote at the Chambers County Community Building–Cedar Bayou Annex, 7711 Highway 146, Baytown, Texas, 77523.

He stated that Harris County and Chambers County set the dates and times which are available on the City's website.

He stated that the Inaugural City Event, the 2012 Bike around the Bay bike team that would be riding on Saturday, October 13th for 94.3 miles and Sunday, October 14th, for 82 miles.

8. ADJOURN

A motion was made by Council Member Terry Sain and seconded by Council Member David McCartney adjourning the October 11, 2012, City Council Regular Meeting. The vote was as follows:

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

Nays: None

Other: Council Member Mercedes Renteria III (Absent)

Approved

With there being no further business to discuss, Mayor DonCarlos adjourned the October 11, 2012, City Council Regular Meeting at 9:10 P.M.

______Leticia Brysch, City Clerk City of Baytown

BAYTOWN CITY COUNCIL MEETING 2. a. Meeting Date: 10/25/2012 Subject: Proclamation: Friends of Libraries Week - Library. Prepared for: Katherine Brown, Library Prepared by: Rachel Philo, Administration

Information ITEM Present a proclamation designating October 21-27, 2012, as Friends of Libraries Week.

PREFACE Have you joined our local Friends of the Library? Library lovers everywhere are invited and encouraged to join the Friends of the Sterling Municipal Library group. These dedicated volunteers advocate for libraries, raise much needed funds, and sponsor programs and special events. If you haven't joined yet, contact the Sterling Municipal library and find out how to join today.

RECOMMENDATION

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

BAYTOWN CITY COUNCIL MEETING 2. b. Meeting Date: 10/25/2012 Subject: Present Years of Service Awards - Human Resources. Prepared for: Carol Flynt, Human Resources Prepared by: Samantha Villalon, Human Resources

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

PREFACE 5 YEARS: Robert Whittaker, Jail Supervisor Adan Espinoza, Public Works, Mechanic

10 YEARS: Brent Costlow, Engineering, Sr. Project Coordinator Juan Navarro, Patrol Officer

15 YEARS: Ronald Ellis, Patrol Officer Steve Ocanas, Patrol Officer Gordon Atkins, Patrol Officer Rene Hinojosa, Police Sergeant Shawn Latta, Patrol Officer Robert Parker, Patrol Officer

RECOMMENDATION

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

BAYTOWN CITY COUNCIL MEETING 2. c. Meeting Date: 10/25/2012 Subject: Present the Employee and Team of the Year - Human Resources. Prepared for: Carol Flynt, Human Resources Prepared by: Samantha Villalon, Human Resources

Information ITEM Present the 2011 - 2012 Employee and Team of the Year.

PREFACE City Manager Bob Leiper will present the 2011 - 2012 Employee of the Year and Team of the Year.

RECOMMENDATION

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

BAYTOWN CITY COUNCIL MEETING 3. a. Meeting Date: 10/25/2012 Subject: Consider the First Reading of Annexation of Property Located in Industrial District No. 3- Planning and Development Services. Prepared for: Kelly Carpenter, Planning and Development Services Prepared by: Ryan Granata, Planning and Development Services

Information ITEM Consider an ordinance on the first reading for annexation of certain properties located in Industrial District No. 3, namely the property of the following: LQY Welded Tube, Inc.; Cedar Crossing, L.P.; NSN Properties, LLC; and Bailey Steel Services, Inc.; and portions of the property of the following: Johnnie Jennings; Rosemary Jennings; P. J. Fisher; and Cedar Crossing, L.P, located in Chambers County, Texas.

PREFACE This proposed ordinance is on the first reading for an annexation of property located in Industrial District No. 3 and in the unincorporated of Chambers County.

On September 13, 2012, the City Council authorized staff to prepare a service plan for the involuntary annexation of property located in Industrial District No. 3, namely the property of the following: LY Welded Tube, Inc.; Cedar Crossing, L.P.; NSN Properties, LLC; and Bailey Steel Services, Inc.; and portions of the property of the following: Johnnie Jennings; P J Fisher; Rosemary Jennings; and Cedar Crossing L.P. in Chambers County, Texas.

Staff, per the Council's direction, created a service plan on September 17, 2012. Notice of the first and second public hearings was published in the September 16, 2012, issue of the Baytown Sun and posted on the City of Baytown’s notice board and website on September 14, 2012. The second reading of the ordinance and completion of annexation proceedings is scheduled for December 13, 2012. A map is included in the packet showing the location of the property.

RECOMMENDATION Staff recommends approval.

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

Attachments LQY and Bailey Steel Map NSN and Cedar Crossing Map Ordinance - Annexation IDA Ordinance Exhibit A - Property Description Exhibit A - Property Description Exhibit B - Service Plan

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P L E A S A N T

D R AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF APPROXIMATELY 281.1048 ACRES OF LAND IN INDUSTRIAL DISTRICT NO. 3 IN THE CITY'S EXTRATERRITORIAL JURISDICTION, BEING THE PROPERTY OF LQY WELDED TUBE, INC.; CEDAR CROSSING, L.P.; NSN PROPERTIES, LLC; AND BAILEY STEEL SERVICES, INC.; AND PORTIONS OF THE PROPERTY OF JOHNNIE JENNINGS, ROSEMARY JENNINGS, P J FISHER, AND CEDAR CROSSING, L.P., IN CHAMBERS COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS.

************************************************************************************* WHEREAS, there being no request for an "on-site" hearing, two public hearings before the City Council of the City of Baytown, Texas, where all interested persons were provided with an opportunity to be heard on the proposed annexation of the property described in Section 1 of this ordinance, were held, during the City Council meeting on the 27th day of September, 2012, in the City Council Chamber of the City Hall of the City of Baytown, Texas, which dates are not more than forty (40) nor less than twenty (20) days prior to the institution of annexation proceedings; and

WHEREAS, notices of the first and second public hearings were published in a newspaper having general circulation in the City of Baytown, Texas, and in the below described territories on the 16th day of September, 2012, which date is not more than twenty (20) nor less than ten (10) days prior to the date of such public hearings; and

WHEREAS, notice of the first and second public hearings were posted on the City of Baytown’s notice board and website on the 14th day of September, 2012, which date is not more than twenty (20) nor less than ten (10) days prior to the dates of the public hearings; and

WHEREAS, each notice posted on the City of Baytown’s notice board and website remained posted until the date of the hearing referenced in the notice; and

WHEREAS, the total corporate area of the City of Baytown, Texas, on the 1st day of January, 2012, was 37.5 square miles; and

WHEREAS, the population of the City of Baytown, Texas, is approximately 72,876 inhabitants; and

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

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

Section 1: That the following described land and territories lying adjacent to and adjoining the City of Baytown are hereby added and annexed to the City of Baytown, Texas, and shall hereinafter be included within the boundary limits of the City of Baytown, Texas, and present boundary limits of such City, at the various points contiguous to the areas hereinafter described, are altered and amended so as to include said areas within the corporate limits of the City of Baytown, Texas, to-wit:

SEE EXHIBIT "A"

Section 2: The above described territories and the areas so annexed shall be a part of the City of Baytown, Texas, and the property so added hereby shall bear its pro rata of the taxes levied by the City of Baytown, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens of the City of Baytown and shall be bound by the acts, ordinances, resolutions, and regulations of the City of Baytown, Texas.

Section 3: In accordance with Texas Local Government Code Annotated §43.056, as amended, the service plan prepared by the City for providing municipal services to the annexed areas is hereby approved and is attached hereto as Exhibit “B,” and is incorporated herein by this reference for all intents and purposes.

Section 4: This ordinance shall be published and passed in the manner provided in Article 1, Section 9, of the Charter of the City of Baytown, Texas.

INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 25th day of October, 2012.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

INTRODUCED, READ and PASSED on the SECOND AND FINAL READING this the 13th day of December, 2012.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

R:\Karen\Files\City Council\Ordinances\2012\AnnexationofIDAProperties.doc

2 Exhibit "A"

DESCRIPTION OF 72.3939 ACRE ANNEXATION

Beginning at point on the existing City Limit Line, said point being the most northwestern corner of a 40 acre tract of land situated in the John Steele Survey, Abstract No. 27, Chambers County, Texas and being out of a part of a 357.611 acre tract of land called Tract No. One in a deed from Theo Wilburn, et al to United States Steel Corporation dated March 2, 1967, recorded in Volume 283, Page 205 of the Deed Records, Chambers County, Texas,

Thence, in a northerly direction to a point, said point being the southwest corner of Lot 33 in the Cedar Crossing Subdivision as recorded on March 31, 1989 in Volume B, Page 105, of record of Plats of Chambers County, Texas, County Clerk File No. 1121-B,

Thence, N 25° 25’ 58” W, for a distance of 798.43’, to a point for corner. Said point being within the right-of-way of State Highway Spur 99,

Thence, N 90° 00’ 00” E, for a distance of 1130.25’, to a point, said point being in the north property line of Lot 3 in the aforementioned Cedar Crossing Subdivision,

Thence, N 00° 00’ 00” E, for a distance of 278.96’, to a point for corner,

Thence, N 90° 00’ 00” E, for a distance of 1000.00’, to a point for corner,

Thence, N 00° 00’ 00” E, for a distance of 494.77’, to a point for corner,

Thence, N 90° 00’ 00” E, for a distance of 1000.00’, to a point for corner, said point being the northern most northeast corner of the herein described tract,

Thence, S 00° 00’ 00” E, for a distance of 669.02’, to a point, said point being the northwest corner of Lot 9 in the aforementioned Cedar Crossing Subdivision,

Thence, S 00° 00’ 00” E, a distance of 330.98’, following the east property line of Lot 9 to a point for corner, said point being the eastern most southeast corner of said Lot 9,

Thence, S 45° 00’ 00” W, a distance of 25.36’, to a point for corner, said point being in the south property line of Lot 9,

Thence, S 82° 56’ 14” W, a distance of 57.51’, to a point in the south property line of Lot 9,

Thence, S 90° 00’ 00” W, a distance of 300.00’, to a point, said point being the southwest corner of Lot 9 and the southeast corner of Lot 8 in the aforementioned Cedar Crossing Subdivision,

Thence, S 90° 00’ 00” W, a distance of 133.88, to a point in the south property line of Lot 8,

Thence, S 89° 07’ 47” W, a distance of 175.14’, to a point for the southwest corner of Lot 8, said point also being the southeast corner of Lot 7 of the aforementioned Cedar Crossing Subdivision,

Thence, S 86° 53’ 45” W, a distance of 137.18’, to a point in the south property line of Lot 7,

Thence, S 85° 31’ 58” W, a distance of 35.22’, to a point, said point being the southwest corner of said Lot 7 and the southeast corner of Lot 6 in the aforementioned Cedar Crossing Subdivision,

Thence, S 00° 00’ 00” E, a distance of 689.53’, to a point for corner, said point also being in the south line of a Houston Lighting and Power Co. 60’ R.O.W. and Conoco 10’ R.O.W.,

Thence, N 90° 00’ 00” W, along the south R.O.W. of the Houston Lighting and Power Co. 60’ R.O.W. and Conoco 10’ R.O.W. to a point, said point being the northeast corner of the aforementioned 40 acre tract,

Thence, N 90° 00’ 00” W, following the north boundary line of said 40 acre tract to the Point of Beginning, containing 72.3939 acres, more or less.

Exhibit "A"

NSN Properties, LLC 1000’ Tract

Beginning at a point of intersection of the existing most southerly city limit line and FM 1405,

Thence, 1000’ northward along the existing city limit line and following the west right of way of FM 1405 to a point for corner,

Thence, North 89 degrees 40 minutes 17 seconds East to a point in the west line of the U.S. Denro Steels, Inc., D/B/A Jindal United Steel Corporation Industrial District Agreement 331.1178 acre tract situated in the John Ijams Survey, Abstract Number 15, Chambers County, Texas,

Thence, South 52 degrees 04 minutes 14 seconds East to the southernmost southwest corner of the U. S. Denro Steels, Inc., D/B/A Jindal United Steel Corporation Industrial District Agreement 331.1178 acre tract,

Thence, North 89 degrees 40 minutes 17 seconds East, along the south line of the U.S. Denro Steels, Inc., D/B/A Jindal United Steel Corporation Industrial District Agreement 331.1178 acre tract to a 5/8 inch iron rod with cap (Bury & Partners) set for the south end of a curve to the left having a radius of 417.24 feet, a central angle of 30 degrees 57 minutes 35 seconds, and a chord bearing and distance of North 48 degrees 48 minutes 17 seconds East – 250.35 feet, said point being the southwest corner of the NSN Properties, LLC called 11.568 acre tract of land lying in the W. D. Smith Survey, Abstract Number 23 Chambers County, Texas, as recorded in volume 892, Page 519 of the Chambers County Deed Records, Chambers County, Texas,

Thence, along the arc of said curve to the left a distance of 225.46 feet to the point of a compound curvature with a curve to the left having a radius of 407.11 feet, a central angle of 04 degrees 04 minutes 03 seconds, and a chord bearing and distance of North 32 degrees 47 minutes 06 seconds East – 28.90 feet,

Thence along the arc of said curve 28.90 feet to a 5/8 inch iron rod with cap (Bury & Partners) set for the end of said curve,

Thence, North 00 degrees 00 minutes 08 seconds West, for a distance of 588.38 feet to an angle point in the west line of said NSN Properties, LLC called 11.568 acre tract,

Thence, North 00 degrees 14 minutes 55 seconds West, for a distance of 388.90 feet to an “X” cut in concrete set for the northwest corner of said NSN Properties, LLC called 11.568 acre tract,

Thence, South 89 degrees 51 minutes 54 seconds East, a distance of 1000’, to a point for the northeast corner of said 1000’ tract;

Thence, South 00 degrees 00 minutes 17 seconds West, to a point for the most southerly southeast corner of the 1000’ tract, said point being 1000’ south of the south line of said U. S. Denro Steels, Inc., D/B/A Jindal United Steel Corporation Industrial District Agreement 331.1178 acre tract,

Thence, South 89 degrees 40 minutes 17 seconds West, to a point 1000’ south from the southernmost southwest corner of said U. S. Denro Steels, Inc., D/B/A Jindal United Steel Corporation Industrial District Agreement 331.1178 acre tract,

Thence, North 52 degrees 04 minutes 14 seconds West, to an angle point, said point being 1000 feet south from the most westerly north line of the herein described tract,

Thence, South 89 degrees 40 minutes 17 seconds West, along the most northerly south line of the herein described tract to the Point of Beginning, containing 208.7118 acres, more or less. Exhibit "B"

September 17, 2012

SUMMARY

Proposed annexation: ETJ, annexation of property located in Industrial District No. 3, namely the property of the following: CenterPoint Energy Houston Electric, LLC; LQY Welded Tube, Inc.; Cedar Crossing, L.P.; NSN Properties, LLC; and Bailey Steel Services, Inc.; as well as property located in unincorporated Chambers County, namely portions of the property of the following: Johnnie Jennings; P J Fisher; Rosemary Jennings; FCC Environmental, LLC; NRG Texas, L.P.; Bayer Polymer, LLC; Geonan Corporation; Texas Department of Transportation; William O Wallace, Jr.; City International, Ltd.; Dorsett Brothers Concrete Supply; Chempro, Inc.; West Texas Drum Company, Ltd. II; Jonathan W. Groves; Peggy J. Solis; Life Church Assembly of God; John F. and Janell Ledwig; Edward R. Kieke, Jr.; Khairunnisa Investment, Inc.; Consort Livestock, Inc.; The International Group, Inc.; Air Products, L.P.; John D. Fitzgerald; John M. Fitzgerald Family Trust; Chad Fitzgerald; and Kinney and Debbie Fitzgerald.in Chambers County, Texas.

Existing Land Use: Industrial and vacant

Service Impact resulting from annexation: Fire Department: Response times will be similar to other responses in the area. No additional fiscal impact is expected on the Department. Police Department: No additional effect expected on department. Health/Emergency Medical Services Department indicates that the continued incremental annexations of property combined with the increased demands of service from citizens have caused a complete saturation of staff’s capacity to provide service. To continue to provide the same level of services to any additional annexations, without reducing the services to existing citizens, additional personnel in EMS, Environmental Health, Neighborhood Protection and Animal Services at a cost of approximately $475,000 will be needed. (See attached Service Plan). Engineering Department: Annexation puts additional demands on personnel, but not enough to say a whole person. Parks and Recreation, Building, and Public Works Departments: No additional impact. Means of Accomplishment: Annexation will be accomplished from existing city limit line. Public Input: Public hearings are scheduled for September 27, 2012.

BAYTOWN CITY COUNCIL MEETING 3. b. Meeting Date: 10/25/2012 Subject: Consider the First Reading of Annexation of Approximately 2.473 acres located on the south side of E Wallisville Rd and east of N Main St Prepared for: Kelly Carpenter, Planning and Development Services Prepared by: Ryan Granata, Planning and Development Services

Information ITEM Consider the first reading of an ordinance for annexation of approximately 2.473 acres located on the south side of East Wallisville Road and east of North Main Street, legally known as the north 25 feet of Lot 1 of Beltway Gas and Go, the north 25 feet of Lots 3 and 4 of Memorial Baytown Business Park, and Lot 5 of Memorial Baytown Business Park, Harris County, Texas.

PREFACE This proposed ordinance is the first reading for an annexation of property located on the south side of East Wallisville Road and east of North Main Street.

On September 13, 2012, the City Council authorized staff to prepare a service plan for the annexation of approximately 2.473 acres located on the south side of East Wallisville Road and east of North Main Street, legally known as the north 25 feet of Lot 1 of Beltway Gas and Go, the north 25 feet of Lots 3 and 4 of Memorial Baytown Business Park, and Lot 5 of Memorial Baytown Business Park, Harris County, Texas.

Staff, per the Council's direction, created a service plan on September 17, 2012. Notice of the first and second public hearings was published in the September 16, 2012, issue of the Baytown Sun and posted on the City of Baytown’s notice board and website on September 14, 2012. The second reading of the ordinance and completion of annexation proceedings is scheduled for December 13, 2012. A map is included in the packet showing the location of the property.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact (Additional Information): There is no fiscal impact associated with this item at this time. Attachments Map Ordinance - Annexation 2.473 Acres Exhibit A - Property Description Exhibit B - Service Plan PROPOSED 25' STRIP ANNEXATION ALONG WALLISVILLE RD AND MEMORIAL BAYTOWN BUSINESS PARK PROPERTY

EXISTING CITY LIMIT LINE

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Memorial Baytown Business Park EXISTING CITY Legend CityLimits LIMIT LINE Parcels2011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF APPROXIMATELY 2.473 ACRES LOCATED ON THE SOUTH SIDE OF EAST WALLISVILLE ROAD AND EAST OF NORTH MAIN STREET, LEGALLY KNOWN AS THE NORTH 25 FEET OF LOT 1 OF BELTWAY GAS AND GO, THE NORTH 25 FEET OF LOTS 3 AND 4 OF MEMORIAL BAYTOWN BUSINESS PARK, AND LOT 5 OF MEMORIAL BAYTOWN BUSINESS PARK, HARRIS COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS.

************************************************************************************* WHEREAS, there being no request for an "on-site" hearing, two public hearings before the City Council of the City of Baytown, Texas, where all interested persons were provided with an opportunity to be heard on the proposed annexation of the property described in Section 1 of this ordinance, were held, during the City Council meeting on the 27th day of September, 2012, in the City Council Chamber of the City Hall of the City of Baytown, Texas, which dates are not more than forty (40) nor less than twenty (20) days prior to the institution of annexation proceedings; and

WHEREAS, notices of the first and second public hearings were published in a newspaper having general circulation in the City of Baytown, Texas, and in the below described territories on the 16th day of September, 2012, which date is not more than twenty (20) nor less than ten (10) days prior to the date of such public hearings; and

WHEREAS, notice of the first and second public hearings were posted on the City of Baytown’s notice board and website on the 14th day of September, 2012, which date is not more than twenty (20) nor less than ten (10) days prior to the dates of the public hearings; and

WHEREAS, each notice posted on the City of Baytown’s notice board and website remained posted until the date of the hearing referenced in the notice; and

WHEREAS, the total corporate area of the City of Baytown, Texas, on the 1st day of January, 2012, was 37.5 square miles; and

WHEREAS, the population of the City of Baytown, Texas, is approximately 72,876 inhabitants; and

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

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

Section 1: That the following described land and territories lying adjacent to and adjoining the City of Baytown are hereby added and annexed to the City of Baytown, Texas, and shall hereinafter be included within the boundary limits of the City of Baytown, Texas, and present boundary limits of such City, at the various points contiguous to the areas hereinafter described, are altered and amended so as to include said areas within the corporate limits of the City of Baytown, Texas, to-wit:

SEE EXHIBIT "A"

Section 2: The above described territories and the areas so annexed shall be a part of the City of Baytown, Texas, and the property so added hereby shall bear its pro rata of the taxes levied by the City of Baytown, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens of the City of Baytown and shall be bound by the acts, ordinances, resolutions, and regulations of the City of Baytown, Texas.

Section 3: In accordance with Texas Local Government Code Annotated §43.056, as amended, the service plan prepared by the City for providing municipal services to the annexed areas is hereby approved and is attached hereto as Exhibit “B,” and is incorporated herein by this reference for all intents and purposes.

Section 4: This ordinance shall be published and passed in the manner provided in Article 1, Section 9, of the Charter of the City of Baytown, Texas.

INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 25th day of October, 2012.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

INTRODUCED, READ and PASSED on the SECOND AND FINAL READING this the 13th day of December, 2012.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

R:\Karen\Files\City Council\Ordinances\2012\October 25\Annexationof2.473Acres.doc

2 Exhibit “A”

Description: The north 25 feet of Lot 1 of Beltway Gas and Go, the north 25 feet of Lots 3 and 4 of Memorial Baytown Business Park, and Lot 5 of Memorial Baytown Business Park, Harris County, Texas. Exhibit "B"

September 17, 2012

SUMMARY

Proposed annexation: ETJ, annexation of property approximately 2.473 acres located on the south side of East Wallisville Road and east of North Main Street, legally known as the north 25 feet of Lot 1 of Beltway Gas and Go, the north 25 feet of Lots 3 and 4 of Memorial Baytown Business Park, and Lot 5 of Memorial Baytown Business Park, Harris County, Texas.

Existing Land Use: Vacant

Service Impact resulting from annexation: Fire Department: Should not affect existing response times. No additional fiscal impact is expected on the Department. Police Department: No additional effect expected on department. Health/Emergency Medical Services Department indicates that the continued incremental annexations of property combined with the increased demands of service from citizens have caused a complete saturation of staff’s capacity to provide service. To continue to provide the same level of services to any additional annexations, without reducing the services to existing citizens, additional personnel in EMS, Environmental Health, Neighborhood Protection and Animal Services at a cost of approximately $475,000 will be needed. (See attached Service Plan). Parks and Recreation, Building, Engineering, and Public Works Departments: No additional impact. Means of Accomplishment: Annexation will be accomplished from existing city limit line. Public Input: Public hearings are scheduled for September 27, 2012.

BAYTOWN CITY COUNCIL MEETING 3. c. Meeting Date: 10/25/2012 Subject: Consider Amendments to the Noise Ordinance - Legal. Prepared for: Ignacio Ramirez, Legal Prepared by: Karen Horner, Legal

Information ITEM Consider an ordinance amending Chapter 34 “Environment,” Article VII “Noise,” Division 1 “Generally” of the Code of Ordinances, Baytown, Texas, to extend the prohibitions regarding unreasonable noise to the area five thousand feet (5,000’) outside the corporate limits; to prohibit noises above established decibel, frequency and peak noise limits; to prescribe the equipment and methods to be used to measure sound; and to exempt certain noises emanating from certain activities.

PREFACE This item is placed on the regular agenda to continue the discussions started in recent work sessions and continued in the November 13th regular meeting. Placing it on the regular agenda allows for more citizen input and also eliminates the discussion time constraint of a work session. When Council feels comfortable with the proposed ordinance, Council can consider adoption or we can place it on future agendas to continue discussions.

This proposed ordinance amends Chapter 34 “Environment,” Article VII “Noise,” Division 1 “Generally” of the Code of Ordinances, Baytown, Texas, to: 1. extend the prohibitions regarding unreasonable noise to the area five thousand feet (5,000’) outside the corporate limits; 2. prohibit noises above established decibel, frequency and peak noise limits; 3. prescribe the equipment and methods to be used to measure sound; and 4. exempt certain noises emanating from certain activities. The proposed ordinance is similar to that which the Council reviewed at its meeting on October 13, 2012, and adds a frequency chart and peak noise limits, includes an exemption for garbage trucks and makes other clarifying changes.

RECOMMENDATION Staff recommends approval.

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

Attachments Ordinance - Noise AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 34 “ENVIRONMENT,” ARTICLE VII “NOISE,” DIVISION 1 “GENERALLY,” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO EXTEND THE PROHIBITIONS REGARDING UNREASONABLE NOISE TO THE AREA FIVE THOUSAND FEET (5,000’) OUTSIDE THE CORPORATE LIMITS, TO ESTABLISH A NOISE ABOVE A GIVEN DECIBEL READING PRIMA FACIE EVIDENCE THAT THE NOISE IS A NUISANCE; TO PRESCRIBE THE EQUIPMENT AND METHODS TO BE USED TO MEASURE SOUND; AND TO EXEMPT CERTAIN NOISES EMANATING FROM CERTAIN ACTIVITIES; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.

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

Section 1: That Chapter 34 “Environment,” Article VII “Noise,” Division 1 “Generally,” of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:

CHAPTER 34. ENVIRONMENT

ARTICLE VII. NOISE

DIVISION 1. GENERALLY

Sec. 34-360. Purpose and intent.

Among the powers granted to the city by its home rule Charter is one to pass such ordinances as may be expedient for maintaining and promoting the peace, welfare and government of the city and for the performance of the functions thereof. The purpose and intent of this article is the prohibition of unreasonably loud, disturbing and unnecessary noises in the city or affecting persons or property within the city, particularly such noises as are prolonged, unusual and unnatural in their time, place and use, and which materially interfere with the peace, welfare and government of the city. To this end, the police power of the state, delegated to this city to include the city’s authority to define and prohibit nuisances within the city’s jurisdiction, is invoked in aid of this article.

Sec. 34-361. Definitions.

As used in this article, the following words and terms shall have the meanings ascribed to them in this section, unless the context of their usage clearly indicates another meaning:

City’s jurisdiction shall mean and include territory within the City’s limits and territory within 5000 feet outside of the City’s limits.

dB(A) shall mean the intensity of a sound expressed in decibels read from a calibrated sound level meter utilizing the A-level weighting scale and the slow meter response, as specified by the American National Standards Institute.

Decibel shall mean a logarithmic unit of measure used in describing the amplitude of sound, denoted as dB.

Industrial property means property used for light or heavy industrial uses as defined in Section 130-1 of the Code.

Non-residential property means any property other than residential property and industrial property.

Residential property means any property used as single family, duplex or multifamily dwelling units.

Sec. 34-362. Prohibited generally.

The creation of any unreasonably loud, disturbing and unnecessary noise discernible in the city’s jurisdiction shall be unlawful. It shall also be unlawful for the owner, lessee or proprietor of any business, house, apartment or other dwelling unit in the city’s jurisdiction to make, cause, permit or suffer to be made therein any such loud, disturbing or unnecessary noises or to collect or permit to be collected therein any drunken, noisy or disorderly persons, to the annoyance or disturbance of neighboring residents. Noises of such character, intensity and duration as are reasonably calculated to be detrimental to the life or health of an ordinary, reasonable person are prohibited in the city’s jurisdiction.

Sec. 34-363. Maximum permissible sound levels.

(a) In enforcement of the violations established by section 34-362 of this article, it shall be prima facie evidence that a sound unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others in violation of section 34-362 when an activity or sound source produces a sound that exceeds the dB(A) levels measured, as provided in section 34-364, that exceeds the applicable dB(A) level listed below for the property on which the sound is received:

(1) Residential property:

a. 65 dB(A) after 7:00 a.m. to 9:00 p.m.

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b. 50 dB(A) after 9:00 p.m. to 7:00 a.m.

(2) Nonresidential property:

a. 70 dB(A) after 7:00 a.m. to 9:00 p.m.

b. 65 dB(A) after 9:00 p.m. to 7:00 a.m.

(b) In enforcement of the violations established by section 34-362 of this article, it shall be prima facie evidence that a sound unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others in violation of section 34-362 when any noise equals or exceeds the following standards when measured at any point within the real property boundary of the receiving real property:

(1) A peak sound pressure level of seventy-five (75) dB(A) at any time on any receiving property. . (2) A peak sound pressure level of ten (10) dB above the ambient measured on any nonresidential property location between the hours of 9:00 p.m. and 7:00 a.m. on any day of the week.

(3) A peak sound pressure level of five (5) dB above the ambient measured on any residential property location between the hours of 9:00 p.m. and 7:00 a.m. on any day of the week.

(4) A peak sound pressure level of ten (10) dB above ambient as measured in any octave band center frequency as follows:

Octave Band Center Frequencies (Hertz) 63 125 250 500 1000 2000 4000 8000

(c) Maximum permissible sound levels detailed in this section set forth evidence of a violation of this article. The lack of sound level measurements conducted in accordance with section 34-364 shall not prohibit prosecution and conviction under this article where there is other legally admissible evidence whereby a reasonably prudent person could conclude that a noise in the city’s jurisdiction is unreasonably loud, disturbing and unnecessary.

(d) Unless otherwise exempted, all noise created on industrial property within the city’s jurisdiction shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness and as measured at any property line, shall not exceed the following intensity in relation to sound frequency:

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Octave Band Frequency Maximum Sound Levels — Decibels After 7:00 a.m. After 9:00 p.m. Cycles per Second to to 9:00 p.m. 7:00 a.m.

20 to 75 78 72

75 to 150 74 68 150 to 300 68 62 300 to 600 61 55 600 to 1,200 55 49 1,200 to 2,400 49 43 2,400 to 4,800 43 37 Above 4,800 41 35 Impact noise 80 74

Sec. 34-364. Permissible methods of measuring sound levels.

Measurements taken pursuant to section 34-363 shall be made with a Type 1 or Type 2 calibrated sound level meter utilizing the A-weighting scale and the slow meter response as specified by the American National Standards Institute (A.N.S.I. S1.4-1984/85A). Measurements recorded shall be taken so as to provide a proper representation of the sound being measured. The microphone of the meter shall be positioned so as not to create any unnatural enhancement or diminution of the measured sound. A windscreen for the microphone shall be used. Measurements of sound generated shall be taken from the property line of the non-residential property or residential property where the sound is received towards the source of the sound.

Sec. 34-365. Specific prohibitions.

The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this article but such enumeration shall not be construed to be exclusive of other noises:

(1) Horns and signaling devices. The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle while not in motion, except as a danger signal; the creation by means of any such signaling device of any unreasonably loud or harsh sound, and the sounding of such device for any unnecessary and unreasonable period of time.

(2) Radios, phonographs or musical instruments. The playing of any radio, phonograph or any musical instrument in such manner or with such volume, particularly during the hours between 9:00 p.m. and 7:00 a.m., as to create a noise such as is reasonably calculated to disturb a person of ordinary disposition under the same or similar circumstances residing in a dwelling, hotel or other type of

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residence in the vicinity, provided that this subsection shall not apply to the establishments or places covered by subsection (4) of this section.

(3) Loudspeakers, amplifiers for commercial advertising. The operation of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure.

(4) Outdoor loudspeakers at places selling food or drink. The operation of any outdoor loudspeaker or sound amplifier for the producing or reproducing of music at any cafe, restaurant, drive-in, tavern, ice cream store, watermelon garden or other place open to the public for the purpose of selling food or drink and having facilities or premises set aside for the accommodation of patrons, guests or customers located on the outside of the building, when the volume of sound shall be audible for a distance in excess of 200 feet from such outdoor loudspeaker or sound amplifier or when the volume of sound is unreasonably raucous, jarring or disturbing to persons of ordinary sensibilities residing in a dwelling, hotel or other type of residence in the vicinity. However, if a dwelling, hotel or other type of residence is located within 200 feet of an outdoor loudspeaker or sound amplifier of the kind referred to in this subsection, such outdoor loudspeaker or sound amplifier shall not be operated between the hours of 10:00 p.m. and 9:00 a.m.

(5) Automobile, motorcycle or vehicle out of repair. The use of any automobile, motorcycle or vehicle so out of repair or so loaded as to create loud or unnecessary grating, grinding, rattling or other noise.

(6) Schools, courts, churches, hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while such is in use or adjacent to any hospital, which unreasonably interferes with the workings of such institution or which disturbs or unduly annoys patients in the hospital, provided conspicuous signs are displayed in such street indicating that the street is a school, hospital or court street.

(7) Hawkers, peddlers. The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.

Sec. 34-366. Exceptions.

The following activities are exceptions to prosecution under this article:

(1) Emission of any sound for the purpose of alerting persons to the existence of an emergency, danger, or attempted crime.

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(2) Sound produced by an authorized emergency vehicle or produced by emergency work.

(3) Sound generated:

a. At a lawfully scheduled stadium or sporting event, including, but not limited to, school athletic and school entertainment events;

b. By a parade and spectators and participants on the parade route during a lawful parade;

c. By spectators and participants at a lawfully scheduled amphitheater event;

d. By patrons and participants using cannons and gunfire during historical battle reenactments for which a pyrotechnic permit was obtained and the explosives were inspected by the fire marshal;

e. By a pyrotechnic display that was inspected and approved by the fire marshal; or

f. By spectators and participants of any outdoor event, fun run, race, festival, fiesta, or concert that was sponsored or co-sponsored by the city and is in full compliance with a permit issued by the city.

(4) Sound produced by the erection, excavation, construction, or demolition of any building or structure, including the use of any necessary tools or equipment, conducted between the hours of 7:00 a.m. and 9:00 p.m., which activity did not produce a sound exceeding 85 dB(A) when measured from the property line of the residential property where the sound is being received.

(5) Sound produced by aircraft in flight or in operation at an airport and railroad equipment in operation on railroad rights-of-way.

(6) Sound produced by operating or permitting the operation of any mechanically powered saw, drill, sander, router, grinder, lawn or garden tool, lawnmower, or any other similar device used between the hours of 7:00 a.m. and 9:00 p.m., provided the device did not produce a sound exceeding 90 dB(A) when measured from the property line of the nearest residential property where the sound is being received and was used for the maintenance or upkeep of the property on which it was operated.

(7) Sound produced by the operation of any air conditioning unit that did not produce a sound exceeding 65 dB(A) on residential property or 75 dB(A) on non- residential property, when measured from the property line of the non-residential or residential property where the sound is received to the source of the sound.

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(8) Sound produced as part of a religious observance or service between the hours of 7:00 a.m. and 9:00 p.m., provided the sound did not cumulatively exceed five minutes duration in any one hour period.

(9) Sound, other than sound prohibited in section 34-365(2), produced within park hours as specified in section 70-1 of the code, which hours fall between 7:00 a.m. and 9:00 p.m. by activities conducted on public parks, public playgrounds, and public or private school grounds, including, but not limited to, school athletic and school entertainment events.

(10) Sound produced from the ordinary and lawful operation of a motor vehicle and commercial vehicle under the Texas Code of Transportation.

(11) Sound produced between the hours of 7:00 a.m. and 9:00 p.m. from the emptying of trash dumpsters or by the delivery, pick up, or raising of any dumpster, in or near residential areas.

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

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

Section 4: Any person who fails to comply with any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief, administrative adjudication and revocation of licenses or permits.

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

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INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 25th day of October, 2012.

______STEPHEN H. DONCARLOS, Mayor

ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

\\cobfs01\legal\Karen\Files\City Council\Ordinances\2012\October 25\Noise Ordinance.doc

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BAYTOWN CITY COUNCIL MEETING 3. d. Meeting Date: 10/25/2012 Subject: Consider Authorizing Change Order No. 1 for Raccoon Road Lift Station Rehabilitation and 12-inch Force Main Project - Engineering. Prepared for: Jose Pastrana, Engineering Prepared by: Linda Newsted, Engineering

Information ITEM Consider an ordinance authorizing Change Order No. 1 for Raccoon Road Lift Station Rehabilitation and 12-inch Force Main Project with T&C Construction, LTD.

PREFACE This proposed ordinance authorizes Change Order No. 1 for the Raccoon Road Lift Station Rehabilitation and 12-inch Force Main Project with T&C Construction, LTD, in the amount of $220,380.00. The new total contract price is $2,786,190.00. The contract completion time is also extended by 45 days to accomodate procurement of materials.

This change order is to perform work not part of the original scope of work. The 12" line is being up-sized to 16" to accommodate development to the East and North of the Raccoon Lift Station. A foundation for a future surge tank, and associated piping will also be installed.

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

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: Acct Code: 53903 - WWCB4202 Source of Funds (Operating/Capital/Bonds): Advanced Funded COs Funds Budgeted Y/N: Amount Needed: $224,373.00 Fiscal Impact (Additional Information): These COs were advance funded by Resolution Number 2109 dated 11/23/2010.

Attachments Ordinance - Change Order No. 1 Exhibit A - Change Order No. 1 Indebtedness Certificate -Raccoom Lift Station

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 1 WITH T&C CONSTRUCTION, LTD., FOR THE RACCOON ROAD LIFT STATION REHABILITATION AND 12-INCH FORCE MAIN PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWO HUNDRED TWENTY-FOUR THOUSAND THREE HUNDRED SEVENTY-THREE AND NO/100 DOLLARS ($224,373.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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

Section 1: That the City Council does hereby authorize Change Order No. 1 with T&C Construction, Ltd., for the Raccoon Road Lift Station Rehabilitation and 12-inch Force Main Project. A copy of said change order is attached hereto, marked Exhibit “A” and made a part hereof for all intents and purposes.

Section 2: That the City Council of the City of Baytown hereby authorizes the payment of TWO HUNDRED TWENTY-FOUR THOUSAND THREE HUNDRED SEVENTY-THREE AND NO/100 DOLLARS ($224,373.00) to T&C Construction, Ltd., for Change Order No. 1 for the Raccoon Road Lift Station Rehabilitation and 12-inch Force Main Project.

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

INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 25th day of October, 2012.

______STEPHEN H. DONCARLOS, Mayor

ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

R:\Karen\Files\City Council\Ordinances\2012\October 25\ChangeOrderNo1T&CConstruction4RaccoonRoadLiftStationRehabilitation.doc

BAYTOWN CITY COUNCIL MEETING 4. a. Meeting Date: 10/25/2012 Subject: Executive Session: Schirmbeck v. City of Baytown, et al. - Legal. Prepared for: Ignacio Ramirez, Legal Prepared by: Karen Horner, Legal

Information ITEM Recess into and conduct an executive session pursuant to Section 551.071 of the Texas Government Code to seek the advice of the City's attorneys about Cause No. 4:12-cv-02644; Schirmbeck v. City of Baytown, et al, in the United States District Court, Southern Division of Texas, Houston Division.

PREFACE Recess into and conduct an executive session pursuant to Section 551.071 of the Texas Government Code to seek the advice of the City's attorneys about Cause No. 4:12-cv-02644; Schirmbeck v. City of Baytown, et al, in the United States District Court, Southern Division of Texas, Houston Division.

RECOMMENDATION

BAYTOWN CITY COUNCIL MEETING 4. b. Meeting Date: 10/25/2012 Subject: Executive Session: Oil and Gas Drilling Operations. Prepared for: Ignacio Ramirez, Legal Prepared by: Karen Horner, Legal

Information ITEM Recess into and conduct an executive session pursuant to Section 551.071 of the Texas Government Code to seek the advice of the City’s attorneys regarding oil and gas drilling operations within the City of Baytown and its extraterritorial jurisdiction.

PREFACE Recess into and conduct an executive session pursuant to Section 551.071 of the Texas Government Code to seek the advice of the City’s attorneys regarding oil and gas drilling operations within the City of Baytown and its extraterritorial jurisdiction.

RECOMMENDATION

BAYTOWN CITY COUNCIL MEETING 4. c. Meeting Date: 10/25/2012 Subject: Executive Session: Deliberate the Purchase of Real Property - Legal. Prepared for: Ignacio Ramirez, Legal Prepared by: Karen Horner, Legal

Information ITEM Recess into and conduct an executive session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase of real property.

PREFACE Recess into and conduct an executive session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase of real property.

RECOMMENDATION

BAYTOWN CITY COUNCIL MEETING 5. a. Meeting Date: 10/25/2012 Subject: Consider Granting a Petition from Chevron Phillips Chemical to Disannex Portions of Property Located in the City Limits and also in Indust Prepared for: Kelly Carpenter, Planning and Development Services Prepared by: Leticia Brysch, City Clerk's Office

Information ITEM Consider a resolution granting a petition from Chevron Phillips Chemical for disannexation of a portion of its property that is located within the city limits.

PREFACE This resolution grants a petition from Chevron Phillips Chemical for disannexation of a portion of its property that is located within the city limits at the Northeast corner of I-10 and Sjolander Road.

This petition begins the process of removing sections of the Chevron Phillips Chemical complex that are within the city limits and will be added to Industrial District No. 2. The area to be disannexed includes an office building and portions of the actual plant complex. However, this disannexation process is running concurrently with the voluntary annexation of 101.266 acres that overlaps a portion of the disannexed area to include the office building and a proposed new lab.

This disannexation process follows a similar path as annexations. Two public hearings will be held and two readings of the ordinance are required.

This item promotes the City's vision to provide a strong employment base with long-term industry presence.

RECOMMENDATION Staff recommends approval.

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

Attachments Disannexation Map Resolution - Disannexation Petition Exhibit A - Disannexation Petition Proposed Disannexation of Chevron property along Interstate 10 RD ILLE LLISV 217.726 Acres E WA

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Y of 217.726 Acres CityLimit H HY 10 0 IH RD 1 OINT Parcels IH LE P NEED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF CHEVRON PHILLIPS CHEMICAL FOR DISANNEXATION OF A PORTION OF ITS PROPERTY LOCATED AT THE NORTHEAST CORNER OF I-10 AND SJOLANDER ROAD, HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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WHEREAS, the City of Baytown has received a petition filed by Chevron Phillips Chemical for disannexation of a portion of their property that is located at the northeast corner of I-10 and Sjolander Road, Harris County, Texas; and

WHEREAS, on this date, the City Council heard the petition and the arguments for and against the disannexation and desires to grant the petition; NOW THEREFORE

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

Section 1: That the City Council of the City of Baytown, Texas, hereby grants the petition of Chevron Phillips Chemical for disannexation of a portion of their property that is located at the northeast corner of I-10 and Sjolander Road, Harris County, Texas. Said petition is attached hereto as Exhibit “A,” and incorporated herein for all intents and purposes.

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

INTRODUCED, READ and PASSED, by the affirmative vote of the City Council of the City of Baytown this the 25th day of October, 2012.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

R:\Karen\Files\City Council\Resolutions\2012\October 25\GrantingDisannexationPetition.doc Exhibit "A"

BAYTOWN CITY COUNCIL MEETING 5. b. Meeting Date: 10/25/2012 Subject: Consider Granting a Petition from Chevron Phillips Chemical to Annex 101.266 Acres of Land - Planning and Development Services. Prepared for: Kelly Carpenter, Planning and Development Services Prepared by: Leticia Brysch, City Clerk's Office

Information ITEM Consider a resolution accepting a petition requesting annexation submitted by Chevron Phillips Chemical, the owner of a 101.266 acre (4,411,169 square feet) tract of land in the George Ellis Survey Abstract No. 21 and in the William Bloodgood Survey, Abstract No. 4, Harris County, Texas.

PREFACE This proposed resolution accepts a petition requesting annexation submitted by Chevron Phillips Chemical, the owner of a 101.266 acre (4,411,169 square feet) tract of land in the George Ellis Survey Abstract No. 21 and in the William Bloodgood Survey, Abstract No. 4, Harris County, Texas.

This 101.266 acre tract of land, located on the northeast corner of Interstate 10 and Sjolander Road, is contiguous to the city limits of Baytown and is without residents. Currently, the property consists of an office building for Chevron Phillips Chemical and a proposed lab for a commercial manufacturing business.

This proposed resolution also directs the preparation of a service plan for the area proposed to be annexed. A map is included with this agenda item.

The approval of this resolution and the proposed development supports the Council's vision of encouraging and increasing greenfield development.

RECOMMENDATION Staff recommends approval.

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

Attachments Annexation Map Resolution - Annexation Petition Exhibit A - Annexation Petition Proposed Annexation of 101.266 Acres

RD along Sjolander Rd and Interstate 10 ILLE LLISV E WA

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101.266 Acres Existing City Limit Line Proposed Annexation of 101.266 Acres Legend

Parcels A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF CHEVRON PHILLIPS CHEMICAL TO ANNEX A 101.266 ACRE TRACT OF LAND IN THE GEORGE ELLIS SURVEY ABSTRACT NO. 21 AND IN THE WILLIAM BLOODGOOD SURVEY, ABSTRACT NO. 4, HARRIS COUNTY, TEXAS; AUTHORIZING THE PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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WHEREAS, Section 43.052 of the Texas Local Government Code provides that the City may annex property without an annexation plan if the area contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract or if more than 50 percent of the real property owners in the area proposed for annexation submit a petition for annexation; and

WHEREAS, the City of Baytown has received a petition filed by Chevron Phillips Chemical to annex a 101.266 acre tract of land in the George Ellis Survey, Abstract No. 21 and in the William Bloodgood Survey, Abstract No. 4, Harris County, Texas; and

WHEREAS, on this date, the City Council heard the petitions and the arguments for and against the annexation and desires to grant the petition; NOW THEREFORE

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

Section 1: That the City Council of the City of Baytown, Texas, hereby grants the petition of Chevron Phillips Chemical to annex a 101.266 acre tract of land in the George Ellis Survey, Abstract No. 21 and in the William Bloodgood Survey, Abstract No. 4, Harris County, Texas. Said petition is attached hereto as Exhibit “A,” and incorporated herein for all intents and purposes.

Section 2: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the Planning and Development Services Department to prepare a service plan for the property identified in Section 1 hereof.

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

INTRODUCED, READ and PASSED, by the affirmative vote of the City Council of the City of Baytown this the 25th day of October, 2012.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

R:\Karen\Files\City Council\Resolutions\2012\October 25\GrantingAnnexationPetition.doc Exhibit "A"

BAYTOWN CITY COUNCIL MEETING 6. a. Meeting Date: 10/25/2012 Subject: Receive City of Baytown Financial and Investment Reports for the Quarter Ending September 30, 2012 - Finance. Prepared for: Louise Richman Prepared by: Meghan Lair, Finance

Information ITEM Receive City of Baytown's Quarterly Financial and Investment Reports for the quarter ending September 30, 2012.

PREFACE The City of Baytown's Quarterly Financial and Investment Reports for the quarter ending September 30, 2012, will be presented to the Council at the meeting. The Finance Subcommittee will meet on October 23, 2012, for a detailed review and analysis of these reports.

This item supports the City of Baytown vision for "economic and financial health" and governmental transparency.

RECOMMENDATION

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

Attachments Financial Reports Investment Report

BAYTOWN CITY COUNCIL MEETING 6. b. Meeting Date: 10/25/2012 Subject: Present the City of Baytown 2012 Tourism Report - Administration. Prepared by: Nick Woolery, Administration

Information ITEM Present the City of Baytown 2012 Tourism Report.

PREFACE Baytown Tourism Coordinator, Anna Enderli, will present Council with a report on tourism activities in Baytown, including some background information on Baytown tourism venues and hotels and a strategic plan for how the City can best market Baytown and its attractions.

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

BAYTOWN CITY COUNCIL MEETING 7. a. Meeting Date: 10/25/2012 Subject: Present and Discuss the City of Baytown Crime Statistics and Prevention Efforts - Police. Prepared for: Keith Dougherty, Police Prepared by: Leticia Brysch, City Clerk's Office

Information ITEM Present and discuss the City of Baytown crime statistics and crime prevention efforts.

PREFACE In an effort to promote greater public safety, Police Chief Keith Dougherty will present the Council a report regarding the crime statistics and recommendations for improvements and education for crime prevention.

RECOMMENDATION

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

BAYTOWN CITY COUNCIL MEETING 7. b. Meeting Date: 10/25/2012 Subject: Discuss Development at 700 W. Texas Avenue - City Council. Prepared for: Mayor DonCarlos Prepared by: Leticia Brysch, City Clerk's Office

Information ITEM Discuss options for the final development at 700 W. Texas Avenue, Baytown, Texas.

PREFACE This item will allow Council to discuss options for the final development at 700 W. Texas Avenue, Baytown, Texas.

RECOMMENDATION

BAYTOWN CITY COUNCIL MEETING 8. a. Meeting Date: 10/25/2012 Subject: Ordinance: Consider Authorizing an Industrial District Agreement with NSN Properties, L.L.C. - City Management. Prepared for: Robert D. Leiper Prepared by: Karen Horner, Legal

Information ITEM Consider an ordinance authorizing an Industrial District Agreement with NSN Properties, L.L.C.

PREFACE Consider an ordinance authorizing an Industrial District Agreement ("IDA") with NSN Properties, L.L.C., for tax years 2012 through 2018 at a base value of $2,235,940. The first payment pursuant to this agreement will be for the tax year 2012. This proposed ordinance approves this IDA, which is in conformity with the Industrial District Policy for new companies adopted on July 8, 2010.

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

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact (Additional Information): First year revenue from this agreement, exclusive of public community improvement funds, is projected to be $11,211.86.

Attachments Ordinance - NSN IDA Exhibit A - NSN IDA AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH NSN PROPERTIES, L.L.C.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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

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

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

INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 25th day of October, 2012.

______STEPHEN H. DONCARLOS, Mayor

ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

\\cobfs01\legal\Karen\Files\City Council\Ordinances\2012\October 25\NSNIDAOrdinance.doc Exhibit "A"

Industrial District Agreement

This Industrial District Agreement (“Agreement”) is made and entered into between the City of Baytown, Texas, a municipal corporation in Harris and Chambers Counties, Texas, hereinafter also referred to as "Baytown" or "City," and NSN Properties, L.L.C., a Texas limited liability company, hereinafter referred to as "Property Owner." In consideration of the promises and of the mutual covenants and agreements herein contained, it is agreed by and between the City and Property Owner as follows:

I. Parties

This Agreement is made under the authority of Texas Local Government Code Annotated §42.044 (Vernon 1993), article XI, §5 of the Texas Constitution and other applicable law. The parties to the Agreement and their addresses are:

1. The “City”

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

Copy to:

City of Baytown Attn: City Attorney P.O. Box 424 Baytown, TX 77522

2. The “Property Owner” Tax Statement Address:

NSN Properties, L.L.C. NSN Properties, L.L.C. Attn: President Attn: Property Tax Department 626 W. Alabama 626 W. Alabama Houston, TX 77006 Houston, TX 77006

II. Identification of Property and Industrial District

This Agreement includes provisions concerning certain real estate and tangible personal property owned or leased by the Property Owner. Real estate located outside the corporate limits of the City is sometimes referred to herein as the “affected area,” and it is described in Exhibit A, which is attached to this Agreement and made a part hereof. Acting pursuant to the above mentioned authority, the City Council of the City has by ordinance, designated the affected area as an industrial district, the same to be known as Baytown Industrial District No. 3 (the “Industrial District”).

III. Term

The term of this Agreement is seven tax years, from 2012 through 2018, unless it is sooner terminated under the provisions hereof. This Agreement shall be effective and binding on the parties hereto upon execution hereof on behalf of the parties to this Agreement and shall remain in effect for seven years. This Agreement supersedes any prior existing agreements between the Property Owner and the City relating to the subject matter hereof and governing the affected area; to the extent any such prior existing agreement required payment on or after January 1, 2012, such payment obligations are hereby canceled and are superseded by the provisions contained herein.

IV. Limited Immunity from Annexation by the City

In consideration of the obligations of the Property Owner herein set forth, the City hereby guarantees for the term of this Agreement the immunity of the affected area from annexation of any type by the City except for such parts of the affected property as may be necessary to annex property owned by third parties within the Industrial District that the City may decide to annex. Additionally, this Agreement shall not affect the continuation of any limited purpose annexation status to which the affected area is now subject.

V. Industrial District Payment

As part of the consideration for the City’s undertakings as set forth above, the Property Owner agrees to pay to the City on or before December 31st of each year during the term hereof a sum of money equal to: the Base Value Industrial District Payment plus the Added Value Industrial District Payment. The sum of the Base Value Industrial District Payment plus the Added Value Industrial District Payment shall be referred to as the Industrial District Payment.

A. Base Value Industrial District Payment

The Base Value Industrial District Payment shall be calculated as follows: (1) the fair market value as determined by the City, of all of the Property Owner’s land and all other tangible property, real, personal or mixed, within the affected area  on January 1, 2002,  on January 1, 2009, or

2  as most recently certified by the chief appraiser of the appraisal district and/or approved by the Industrial Appraisal Review Board established and appointed by the City Council, as of the date of this Agreement, whichever is greater hereinafter referred to as the “Base Year.” Such fair market value for the Base Year is agreed to and stipulated by the parties to be TWO MILLION TWO HUNDRED THIRTY-FIVE THOUSAND NINE HUNDRED FORTY AND NO/100 DOLLARS ($2,235,940.00), less the fair market value in the Base Year as determined by the City of that portion of the Property Owner’s property, real, personal or mixed, which was located within the industrial district on the effective date of this agreement and subsequently annexed by the City, the difference of which is hereinafter referred to as the “Base Year Value,” multiplied by

(2) the property tax rate per $100.00 of assessed valuation adopted by the City Council for the City, multiplied by the applicable Yearly Payment Rate as detailed below.

The applicable Yearly Payment Rate is the sum of the Industrial District Payment Rate plus the Public Community Improvement Rate and shall be determined using the following chart:

PUBLIC INDUSTRIAL YEARLY COMMUNITY TAX YEAR DISTRICT PAYMENT IMPROVEMENT PAYMENT RATE RATE RATE 2012 .61 .01 .62 2013 .62 .01 .63 2014 .62 .01 .63 2015 .63 .01 .64 2016 .63 .01 .64 2017 .63 .01 .64 2018 .64 .01 .65

B. Added Value Industrial District Payment

The Added Value Industrial District Payment shall be calculated as follows:

(1) the fair market value as determined by the City, of all of the Property Owner’s land and all other tangible property, real, personal or mixed, within the affected area on January 1 of each year in which an Industrial District Payment is due hereunder minus the Base Year Value, hereinafter referred to as the “Added Value,” multiplied by

3 (2) the property tax rate per $100.00 of assessed valuation adopted by the City Council for the City for each year of the term of this Agreement, multiplied by the applicable total added value industrial district payment rate detailed below.

The applicable Total Added Value Industrial District Payment Rate shall be determined using the following chart:

ADDED VALUE PUBLIC TOTAL ADDED INDUSTRIAL COMMUNITY VALUE INDUSTRIAL TAX YEAR DISTRICT IMPROVEMENT DISTRICT PAYMENT PAYMENT RATE RATE RATE 2012 0 .01 .01 2013 0 .01 .01 2014 0 .01 .01 2015 0 .01 .01 2016 .21 .01 .22 2017 .42 .01 .43 2018 .64 .01 .65

If the formula used in calculating the Added Value Industrial District Payment produces a negative number, then the Added Value Industrial District Payment shall be $0.00.

VI. Valuations

For the purpose of providing a procedure for determining and collecting the amounts payable by the Property Owner hereunder, there are hereby adopted and made a part hereof all provisions of the Constitution and statutes of the State of Texas pertaining to ad valorem taxation as amended throughout the term of this Agreement (including, in particular, the Texas Property Tax Code), except, however, that (i) to the extent that any of such provisions would require the assessment of the Property Owner’s property on an equal and uniform basis with property in the general corporate limits of the City, the provisions of this Agreement will control where in conflict with the provisions of such laws and (ii) the income method of appraisal as described in Section 23.012 of the Texas Property Tax Code shall not be limited to only properties for which a rental market exists. Specifically, nothing contained herein shall limit the income method of appraisal specified in Section 23.012 of the Texas Property Tax Code to only properties for which a rental market exists, instead if such method is used, the chief appraiser shall: 1. use income and expense data pertaining to the property, if possible and applicable; 2. make any projections of future income and expenses only from clear and appropriate evidence; 3. use data from generally accepted sources in determining an appropriate capitalization rate;

4 4. determine a capitalization rate for income-producing property that includes a reasonable return on investment, taking into account the risk associated with the investment.

A. Valuation of Property Inside the Corporate Limits but Subsequently Disannexed

Land, improvements and tangible property, real or mixed, of the Property Owner, which are disannexed from the corporate limits of the City during the term of this Agreement, shall become part of the affected area immediately upon disannexation. The value for such land, improvements and tangible property, real or mixed, shall be based upon the appraised value for the Base Year, as finally determined by the Chambers County Appraisal District or its legal successor (or through administrative or judicial appeal of the Chambers County Appraisal District’s determination) and shall be added to the Base Year Value specified in Article V for purposes of payment hereunder on January 1 of the year the same is disannexed.

B. Valuation of Property Outside the Corporate Limits

The parties hereto recognize that said Chambers County Appraisal District is not required to appraise the land, improvements, and tangible property, real or mixed, in the affected area, which are not within the corporate limits of the City, for the purpose of computing the payments hereunder. Therefore, the parties agree that to determine the fair market value of all of the Property Owner’s land, improvements, and tangible property located outside the corporate limits of the City in accordance with the market value computation contemplated in the Texas Property Tax Code for the purpose of calculating the Property Owner’s payment in the manner described above, the City may choose to use the appraised value for each year in which an Industrial District Payment is due hereunder, as finally determined by the Chambers County Appraisal District (or through administrative or judicial appeal of the Chambers County Appraisal District’s determination), or by appraisal conducted by the City and/or by an independent appraiser of the City's selection, and at the City's expense. Nothing contained herein shall ever be construed as in derogation of the authority of the Chambers County Appraisal District to establish the appraised value of land, improvements, and tangible personal property in the annexed portion for ad valorem tax purposes.

C. Binding Effect

Determination of the Base Year Value and the Added Value in the above-stated manner outside the corporate limits shall be made by the City and approved by the Industrial Appraisal Review Board. Such final fair market value as approved by the Industrial Appraisal Review Board shall be final and binding unless either party within thirty (30) days after receipt of the Board’s determination petitions for a Declaratory Judgment to the Civil District Court of Harris County, Texas, as provided for by Section XIV hereof. In determining the fair market value of property and improvements as used herein, the Industrial District Appraisal Board shall base its determination on the fair market value as defined in Section VI herein, giving due consideration

5 to comparable present day facilities considering and giving effect to sound engineering valuation practices relative to service life, life expectancy, process and functional obsolescence.

D. Statements

The City shall mail one statement to the Property Owner on or about December 1 of each year showing the total amount due on December 31 of such year pursuant to this Agreement. Such statement shall be mailed to the “Tax Statement Address” noted in this Agreement. Any amounts due on December 31 that are not paid when due shall become delinquent on January 1 of the following year. Provided, however, if the tax statement is mailed after December 10, the delinquency date is postponed to the first day of the next month that will provide a period of at least 21 days after the date of mailing for payment of the amount due. Delinquent amounts shall be immediately subject to the same penalties, interest, attorneys' fees and costs of collection as recoverable by the City in the case of delinquent ad valorem taxes. The City shall have a lien upon the Property Owner’s land within the affected area upon any delinquency in the Industrial District Payment.

E. Valuation Contests

If any differences concerning the appraised values shall not have been finally determined by the due date of the Property Owner’s payment hereunder and the Property Owner desires to pursue any additional available remedies, the Property Owner shall, without prejudice to such remedies, pay to the City by December 31 of each year (subject to the exception in the preceding paragraph for statements mailed after December 10), such amount as is provided in the Texas Property Tax Code, as amended throughout the term of this Agreement, for payments made under such conditions by owners of property within the general corporate limits of the City subject to ad valorem taxation. Any refund payable by the City to the Property Owner hereunder shall be paid within 60 days after receipt by the City of both Chambers County Appraisal District’s form notification that the appraised value of the property has been reduced and a written refund request by the Property Owner; if not paid timely, the refund amount shall bear interest at eight percent per annum beginning 60 days after the City received both the Property Owner’s written refund request and the Chambers County Appraisal District’s formal notification that the appraised value of the property has been reduced.

VII. Compliance with Law

The City and the Property Owner mutually recognize that the health and welfare of Baytown residents require adherence to high standards of quality in the air emissions, water effluents and noise, vibration and toxic levels of those industries located in the Industrial District, and that development within the District may have an impact on the drainage of surrounding areas. To this end, the Property Owner and the City agree that the same standards and criteria relative to noise, vibration and toxic levels and drainage and flood control which are adopted by the City and made applicable to portions of the City adjacent to the Industrial District shall also

6 be applicable to the affected area. The Property Owner agrees that any industrial or other activity carried on within the affected area will be constructed in strict compliance with all applicable valid state and federal air and water pollution control standards. If the Property Owner’s property within the affected area is subject to the Occupational Safety and Health Act, 29 U.S.C. 65, et seq., as amended, then the Property Owner shall undertake to ensure that its facilities and improvements in the affected area comply with the applicable fire safety standards of such act and the resolutions from time to time promulgated hereunder (the “OSHA Standards”), but there shall be no obligation to obtain any permits of any kind from the City in connection with the construction, operation or maintenance of improvements and facilities in the affected area not located within the corporate limits of the City. Nonetheless, for construction which commences after the execution of this Agreement, the Property Owner agrees that any structure built within the affected area shall be built in accordance with the building code adopted by the City in effect at the time of construction.

The City and the Property Owner recognize that activities in the City’s industrial districts are subject to regulation by other governmental entities, including the state and federal governments and their various departments and agencies. The City and the Property Owner also recognize that the City may have an interest in activities in the City’s industrial districts that are regulated by other governmental entities. Nothing in this Agreement is intended to limit the City’s right and authority to communicate its interest in, or opposition to, those activities to the applicable regulatory agencies or to participate, to the extent allowed by law, in any related administrative or judicial proceeding.

VIII. Inspections

The Chief Appraiser of the Chambers County Appraisal District and the City or its independent appraiser shall have the same right to enter and inspect the Property Owner’s premises and the same right to examine the Property Owner’s books and records to determine the value of the Property Owner’s properties as are provided in the Texas Property Tax Code as amended.

IX. Public Community Improvement

The Property Owner may apply to the City for reimbursement for a Public Community Improvement Project designed to further the public community improvement goals of the City of Baytown. Such project, the duration of the project, and the location thereof must be approved in writing by the City Manager of the City based upon the public community improvement goals of the City in effect at the time of the application. The Public Community Improvement Project must be completed prior to the expiration of the Agreement year during which it is approved to be eligible for reimbursement, except if it is approved as a multi-year project. The Public Community Improvement Project may be for multiple years; however, in order to be eligible for reimbursement in accordance with this article, it must be completed prior to the expiration or termination of this Agreement. Further, the project may be constructed on the Property Owner’s property; provided that the project is visible from and enhances a public way or other public

7 property. Any reimbursement under this article shall be subject to the City Manager’s determination that the completed Public Community Improvement Project meets or exceeds those improvement efforts proposed and approved prior to the start of the project. Reimbursement may not exceed the amount the Property Owner will pay to the City based solely upon the Public Community Improvement Rate established in Article V hereof during the term of this Agreement. It is expressly understood and agreed that in any year during the term of this Agreement, the Property Owner shall not submit a request for reimbursement which exceeds the amount the Property Owner has paid to the City based solely upon the Public Community Improvement Rate established in Article V hereof. If the Property Owner fails to receive the City Manager’s approval of a Public Community Improvement Project prior to the expiration of an Agreement year, the Property Owner will have no claim to the monies paid to the City based upon the Public Community Improvement Rate and the City shall use such funds for a project consistent with the City’s public community improvement goals.

X. Default

A. Default by Property Owner

In the event of default by the Property Owner in the performance of any of the terms of this Agreement, including the obligation to make the payments above provided for, the City shall have the option, if such default is not fully corrected within sixty (60) days from the giving of written notice of such default to the Property Owner to either (i) declare this Agreement terminated or (ii) continue the term of this Agreement and collect the payments required hereunder. Notwithstanding any to the contrary contained herein, should the City determine the Property Owner is in default according to the terms and conditions of Section VII hereof, the City shall notify the Property Owner in writing by U.S. Mail, certified return receipt requested, at the address stated in this Agreement, and if such default is not cured within sixty (60) days from the date of such notice (the “Cure Period”) then such failure to cure shall constitute a material breach of this Agreement; provided that, in the case of a default under Section VII for causes beyond the Property Owner’s control that cannot with due diligence be cured within such sixty (60) day period or in the event that the failure to cure results from ongoing negotiations with federal or state officials, administrative proceedings or litigation regarding the necessary cure steps, then the cure period shall be extended until such negotiations, administrative proceedings or litigation are concluded.

B. Default by City

In the event of default by the City, the Property Owner may, if such default is not fully corrected within 60 days from giving written notice of such default to the City, terminate this Agreement. Upon such termination, both the Property Owner and the City shall be relieved of all further obligations hereunder, but the Property Owner shall not be relieved of the obligation to pay any amounts that accrued prior to such termination. In the event of termination, the City shall have the right to repeal the ordinance designating the affected area as an industrial district.

8 Provided, however, if the termination occurs as a result of the City’s exercising its option to terminate (as provided in the first sentence of this Section X), the City shall not have the right to annex the affected area into the general corporate limits of the City so as to subject the affected area to ad valorem taxes for any part of the period covered by the Property Owner’s last payment hereunder.

XI. Notice

Any notice to the Property Owner or the City concerning the matters to which the Agreement relates may be given in writing by registered or certified mail addressed to the Property Owner or the City at the appropriate respective addresses set forth on the cover page of this Agreement. Any such notice in writing may be given in any other manner. If given by registered or certified mail, the notice shall be effective when mailed. With the exception of annual bills for payments due herein, notice given in any other manner shall be effective when received by the Property Owner or the City, as the case may be.

XII. No Further Expansion of Taxing Jurisdiction

Nothing herein contained shall be construed to change or enlarge the jurisdiction, power or authority of the City over or with respect to the affected area as prescribed by applicable law, except as specifically provided in this Agreement. The Property Owner shall not be obligated by virtue of this Agreement, or the establishment of the industrial district covering the affected area not within the corporate limits of the City, to make any payments to the City in the nature of a tax or assessment based upon the value of the Property Owner’s property in the affected area during the term of this Agreement other than the payments specified herein. Specifically, the Property Owner shall not be liable for any City taxes within the affected area, including, without limitation, City ad valorem taxes on taxable property within the affected area.

XIII. Reimbursement for Services

If the Property Owner requests and receives mutual aid firefighting assistance and is a member of Channel Industries Mutual Aid organization (“CIMA”) or similar organization, the Property Owner shall reimburse the City for costs incurred by the City in providing fire protection services to the Property Owner as shall be provided in the charter, bylaws and agreements pursuant to which CIMA or such similar organization is organized and operates. If the Property Owner requests and receives mutual aid firefighting assistance and is not a member of CIMA or a similar organization, then the Property Owner shall be required to reimburse the City for costs actually expended by the City in providing any firefighting assistance to the Property Owner, including chemical and personnel costs.

9 XIV. Declaratory Judgment Action

If any disagreement arises between the parties concerning the interpretation of this Agreement, it is agreed that either of the said parties may petition any Civil District Court of Harris County, Texas, for a Declaratory Judgment determining said controversy and the cause shall be tried as other civil causes. If the controversy affects an Industrial District Payment, the Property Owner shall, pending final determination of said controversy, pay to the City on the due date the same amount which was paid to the City for the last preceding period as to which there was no controversy concerning the amount owed by the Property Owner to the City. The Property Owner agrees to tender any additional amount of potential liability to the registry of the Civil District Court, Harris County, Texas, pending final determination of the controversy beyond any further appeal.

XV. Assignment

This Agreement shall not bestow any rights upon any third party, but rather, shall bind and benefit the Property Owner and the City only. If the Property Owner conveys all or any part of the property then covered hereby, the Property Owner shall notify the City within 30 days of the conveyance and shall thereafter cease to be obligated with respect to the property so conveyed and the Base Year Value plus the Added Value shall be apportioned between the Property Owner and the grantee based upon the property conveyed, only if the grantee thereof enters into an Industrial District Agreement with the City with respect to such property so conveyed. No right or obligation under this Agreement may be sold, assigned or transferred.

XVI. Authority

The Property Owner covenants that it has the authority to enter into this Agreement by virtue of being either the legal or equitable owner of a possessory estate (including a leasehold estate) in the land comprising the affected area, which will not terminate before the expiration date of this Agreement. Additionally, the officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he represents.

XVII. No Municipal Services

It is agreed that during the term of this Agreement, the City is under no obligation to provide any governmental, proprietary or other municipal services to the affected area. Specifically, but without limitation, it is agreed that the City shall not be required to furnish (1) sewer or water service, (2) police protection, (3) fire protection (4) road or street repairs, and (5) garbage pickup service.

10 XVIII. Severability

If any provision of this Agreement, or any covenant, obligation or agreement contained herein, including, without limitation, that term hereof, is determined by a court to be invalidated or unenforceable, such provision, covenant, obligation or agreement shall be reformed so as to comply with applicable law. If it is not possible to so reform such provision, covenant, obligation or agreement, such determination shall not affect any other provision, covenant, obligation or agreement, each of which shall be construed and enforced as if the invalid or unenforceable portion were not contained herein. Provided, further that such invalidity or unenforceability shall not affect any valid and enforceable provision thereof, and each such provision, covenant, obligation or agreement shall be deemed to be effective, operative, made, entered into or taken in the manner and to the full extent permitted by law. Notwithstanding the above, if the application of this Section XVIII requires reformation or revision of any term that removes or materially diminishes the obligation of the Property Owner to make the payments to the City described herein (except in the event of a reformation that shortens the term of this Agreement), the City shall have the option to declare this Agreement terminated.

XIX. Complete Agreement

This Agreement contains all the agreements of the parties relating to the subject matter hereof and is the full and final expression of the agreement between the parties.

XX. Non-waiver

Failure of either party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing thereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce by an appropriate remedy, strict compliance with any other obligation hereunder to exercise any right or remedy occurring as a result of any future default or failure of performance.

XXI. Ambiguities

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

XXII. Headings

The headings appearing at the first of each numbered section in this Agreement are inserted and included solely for convenience and shall never be considered or given any effect in construing this Agreement or any provision hereof, or in connection with the duties, obligations

11 or liabilities of the respective parties hereto or in ascertaining intent, if any question of intent should arise.

XXIII. Choice of Law; Venue

This Agreement shall in all respects be interpreted and construed in accordance with and governed by the laws of the State of Texas and the City, regardless of the place of its execution or performance. The place of making and the place of performance for all purposes shall be Baytown, Harris County, Texas.

XXIV. Agreement Read

The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement.

IN WITNESS WHEREOF, this Agreement is executed in multiple counterparts on behalf of the Property Owner this ____ day of ______, 2012, and on behalf of the City this ____ day of ______, 2012.

NSN PROPERTIES, L.L.C., a Texas Limited Liability Company

By: ______

______Printed Name

______Title ATTEST:

______Secretary

CITY OF BAYTOWN

______STEPHEN H. DONCARLOS, Mayor

12 ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

______LOUISE RICHMAN, Director of Finance

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BAYTOWN CITY COUNCIL MEETING 8. b. Meeting Date: 10/25/2012 Subject: Ordinance: Consider Granting a Pipeline Permit to DCP Sand Hills, LLC - Engineering. Prepared for: Jose Pastrana, Engineering Prepared by: Linda Newsted, Engineering

Information ITEM Consider an ordinance granting a pipeline permit to DCP Sand Hills Pipeline, LLC, for a new 24-inch pipeline in the City's extraterritorial jurisdiction.

PREFACE This proposed ordinance grants a pipeline permit to DCP Sand Hills Pipeline, LLC, for a new 24-inch pipeline located in the City's extraterritorial jurisdiction.

This pipeline will carry natural gas liquids with a maximum operating pressure of 1,480 PSI, along a route starting at Sjolander Road North of I-10; and ending at the Mont Belvieu Pump Station. A bond in the amount of $500,000.00 is recommended.

This proposed ordinance supports the City of Baytown's Vision by improving services and infrastructure maintenance.

RECOMMENDATION Staff recommends approval.

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

Attachments Ordinance - Pipeline Permit Exhibit A - Pipeline Permit Exhibit A - Indemnity Agreement Exhibit B - Map Pipeline Application Certificate of Insurance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A PIPELINE PERMIT TO DCP SAND HILLS PIPELINE, LLC, TO INSTALL ONE NEW 24-INCH PIPELINE IN AN EXISTING CORRIDOR IN THE CITY’S EXTRATERRITORIAL JURISDICTION; ESTABLISHING THE AMOUNT OF THE BOND; AUTHORIZING AND DIRECTING THE DIRECTOR OF ENGINEERING TO ISSUE THE PERMIT THEREFOR; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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WHEREAS, DCP Sand Hills Pipeline, LLC, has submitted a pipeline application to install one new 24-inch pipeline in an existing corridor from the existing pipeline in the City’s extraterritorial jurisdiction (hereinafter referred to as the “Pipeline”); and

WHEREAS, the Director of Engineering, based upon the assessment of the Director of Planning and Development Services, the Fire Chief, the Director of Public Works/Utilities, and the Emergency Management and Preparedness Coordinator as to compliance with Article V of Chapter 34 of the Code of Ordinances of the City of Baytown, Texas, and based upon his examination of the application and plans for the Pipeline, has issued a report to the City Council recommending granting a permit for the Pipeline; and

WHEREAS, the City Council has received such report and has determined that, based upon the representations of DCP Sand Hills Pipeline, LLC, the application meets all applicable provisions of Article V of Chapter 34 of the Code of Ordinances of the City of Baytown, Texas, as well as all federal and state regulations; NOW THEREFORE,

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

Section 1: That, subject to receipt of the bond specified in Section 3 hereof, the City Council of the City of Baytown hereby grants the pipeline permit, which is attached hereto as Exhibit “A” and incorporated herein for all intents and purposes, to DCP Sand Hills Pipeline, LLC, for the new pipeline described therein and authorizes and directs the Director of Engineering to execute such permit.

Section 2: That, subject to receipt of the bond specified in Section 3 hereof, the City Council of the City of Baytown hereby authorizes and directs the City Manager and the City Clerk to execute and attest to an indemnity agreement with DCP Sand Hills Pipeline, LLC, corresponding to the pipeline.

Section 3: That the City Council of the City of Baytown hereby establishes FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000.00) as the amount of the bond or other form of security satisfactory to the City, which shall be tendered prior to any construction, repair, adjustment, relocation or replacement of the pipeline pursuant to Section 34-233 of the Code of Ordinances, Baytown, Texas.

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

INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown this the 25th day of October, 2012.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

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BAYTOWN CITY COUNCIL MEETING 8. c. Meeting Date: 10/25/2012 Subject: Ordinance: Consider Approving the First Amendment to the Professional Services for BAWA Water Treatment Plant Improvement Project - Engineering. Prepared for: Jose Pastrana, Engineering Prepared by: Linda Newsted, Engineering

Information ITEM Consider an ordinance approving the Baytown Area Water Authority's First Amendment to the Professional Services Agreement with Malcolm Pirnie for the BAWA Water Treatment Plant Improvement Project.

PREFACE This proposed ordinance approves the Baytown Area Water Authority's First Amendment to the Professional Services Agreement with Malcolm Pirnie for the BAWA Water Treatment Plant Improvement Project in the amount of $132,557.00.

Malcolm Pirnie will provide BAWA a Preliminary Engineering Report (PER) which will consist of detailed design options for the improvements to the high service pump station, filter basin, chlorine building, and structural improvements outlined in the 2011 assessment report. The PER will also include the evaluation of enclosing the high service pump station which was not included in the original assessment report.

The legislation creating the Baytown Area Water Authority requires that the City Council approve BAWA's contracts. BAWA approved this contract subject to City Council's approval on October 17, 2012.

This project supports the City's vision by increasing the reliability of the Water Treatment Plant infrastructure.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: Acct Code: 54304 - WACB1358 Source of Funds (Operating/Capital/Bonds): BAWA Bonds Funds Budgeted Y/N: Amount Needed: $132,557.00 Fiscal Impact (Additional Information):

Attachments Ordinance - BAWA Contract Approval AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING BAYTOWN AREA WATER AUTHORITY’S FIRST AMENDMENT TO ITS PROFESSIONAL SERVICES AGREEMENT WITH MALCOLM PIRNIE FOR PRELIMINARY ENGINEERING SERVICES FOR THE BAWA WATER TREATMENT PLANT IMPROVEMENT PROJECT IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY-TWO THOUSAND FIVE HUNDRED FIFTY-SEVEN AND NO/100 DOLLARS ($132,557.00) SUBJECT TO THE BAYTOWN AREA WATER AUTHORITY RECEIVING FUNDING FROM THE TEXAS WATER DEVELOPMENT BOARD FOR THE PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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

Section 1: That the City Council of the City of Baytown, Texas, hereby approves the First Amendment to the Professional Services Agreement between the Baytown Area Water Authority and Malcolm Pirnie for preliminary engineering services for the BAWA Water Treatment Plant Improvement Project in an amount not to exceed ONE HUNDRED THIRTY- TWO THOUSAND FIVE HUNDRED FIFTY-SEVEN AND NO/100 DOLLARS ($132,557.00).

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

INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 25th day of October, 2012.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

R:\Karen\Files\City Council\Ordinances\2012\October 25\ApproveBAWAMalcolmPirnieContractforBAWAWaterTreatementPlanImprovementProject.doc

BAYTOWN CITY COUNCIL MEETING 8. d. Meeting Date: 10/25/2012 Subject: Ordinance: Consider Authorizing the Purchase of Eleven (11) Mobile Digital Video Recording Devices – Police. Prepared for: Keith Dougherty, Police Prepared by: Linda Malak, Finance

Information ITEM Consider an ordinance authorizing the purchase of eleven (11) mobile digital video recording devices, all necessary workstation/servers, software/hardware, and installation/configuration services for the Police Department through Department of Information Resources (DIR).

PREFACE This proposed ordinance authorizes the purchase of eleven (11) mobile digital video recording devices, all necessary workstation/servers, software/hardware, and installation/configuration services for the Police Department in the amount of $61,785.68 from COBAN Technologies, Inc., through the Department of Information Resources (DIR).

These devices will be installed in the eleven (11) new 2013 Chevrolet Tahoes.

This item supports the City of Baytown vision of continuing to provide great public safety and services.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: 2013 Acct Code: 84042 Source of Funds (Operating/Capital/Bonds): Capital / CCPD Funds Budgeted Y/N: Y Amount Needed: $61,785.68 Fiscal Impact (Additional Information): 20020-84042 (Support Services / Machinery & Equipment) $39,318.16 20601-84042 (CCPD POLICE / Machinery & Equipment ) $22,467.52

Attachments Indebtedness Certification Ordinance - COBAN Purchase through DIR

AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SIXTY-ONE THOUSAND SEVEN HUNDRED EIGHTY-FIVE AND 68/100 DOLLARS ($61,785.68) TO COBAN TECHNOLOGIES, INC., FOR THE PURCHASE OF ELEVEN (11) MOBILE DIGITAL VIDEO RECORDING DEVICES, ALL NECESSARY WORKSTATION/SERVERS, SOFTWARE/HARDWARE, AND INSTALLATION/CONFIGURATION SERVICES THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES FOR THE POLICE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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WHEREAS, the City of Baytown has entered into an interlocal cooperative contract with the Texas Department of Information Resources (“DIR”) for the purchase of eleven (11) mobile digital video recording devices, all necessary workstation/servers, software/hardware, and installation/configuration services pursuant to Section 791.025 of the Texas Government Code for the Police Department; and

WHEREAS, the DIR’s purchasing process includes posting the request on the Electronic State Business Daily (ESBD), gathering and reviewing the vendors’ responses to the posting, negotiating with selected vendors, and managing vendor contracts; and

WHEREAS, such process in combination with the interlocal cooperative contract allows the City to purchase automated information systems products and/or services in an efficient, cost effective, and competitive procurement method; and

WHEREAS, the City of Baytown in making a purchase under a DIR contract through its interlocal cooperation contract satisfies state law requiring municipalities to seek competitive bids for the purchase of the item; NOW THEREFORE

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

Section 1: That the City Council of the City of Baytown hereby authorizes the payment of SIXTY-ONE THOUSAND SEVEN HUNDRED EIGHTY-FIVE AND 68/100 DOLLARS ($61,785.68) to COBAN Technologies, Inc., for the purchase of eleven (11) mobile digital video recording devices, all necessary workstation/servers, software/hardware, and installation/configuration services through the Texas Department of Information Resources for the Police Department.

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

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

INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown this the 25th day of October, 2012.

______STEPHEN H. DONCARLOS, Mayor

ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

R:\Karen\Files\City Council\Ordinances\2012\October 25\DIRCobanPurchase4PD.doc

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BAYTOWN CITY COUNCIL MEETING 8. e. Meeting Date: 10/25/2012 Subject: Ordinance: Consider Authorizing the Purchase of Eleven (11) Chevrolet Tahoes - Police. Prepared for: Keith Dougherty, Police Prepared by: Linda Malak, Finance

Information ITEM Consider an ordinance authorizing the purchase of eleven (11) 2013 Chevrolet Tahoes from Caldwell Country Chevrolet through a cooperative purchasing agreement with Tarrant County.

PREFACE This proposed ordinance authorizes the purchase of eleven (11) 2013 Chevrolet Tahoes from Caldwell Country Chevrolet through a cooperative purchasing agreement with Tarrant County for a total amount of $288,431.00.

Four (4) of the vehicles are additions to the fleet and seven (7) are replacement vehicles. A detailed description is in the attached spreadsheet.

This item supports the City of Baytown vision by providing great public safety and services.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: 2013 Acct Code: 84043 Source of Funds (Operating/Capital/Bonds): Capital Funds Budgeted Y/N: Y Amount Needed: $288,431 Fiscal Impact (Additional Information): 20020-84043 (Support Services-Police / Motor Vehicles) $183,547 20601-84043 (C.C.P.D. / Motor Vehicles) $104,884

Attachments Indebtedness Certification 2013 Police Tahoes Ordinance - Police Tahoes

NEW & REPLACEMENT VEHICLES Fiscal Yr 2012 - 2013 Company New Vehicle Amount Budgeted Org/Acct # Department Vehicle Replaced

2003 Ford Crown Victoria VIN #2FAFP71W63X203018. 100,780 Caldwell Country 2013 Chev Tahoe Police PPV $26,221.00 $26,500.00 20020-84043 Police miles

2003 Ford Crown Victoria VIN Caldwell Country 2013 Chev Tahoe Police PPV $26,221.00 $26,500.00 20020-84043 Police #2FAFP71W63X203021. 90,331 miles

2004 Ford Crown Victoria VIN Caldwell Country 2013 Chev Tahoe Police PPV $26,221.00 $26,500.00 20020-84043 Police #2FAFP71W94X139588. 98,527 miles

2005 Ford Crown Victoria VIN #2FAFP71W85X123576. 105,948 Caldwell Country 2013 Chev Tahoe Police PPV $26,221.00 $26,500.00 20020-84043 Police miles

2004 Ford Crown Victoria VIN Caldwell Country 2013 Chev Tahoe Police PPV $26,221.00 $26,500.00 20020-84043 Police #2FAFP71W94X139591. 97,149 miles

2005 Ford Crown Victoria VIN Caldwell Country 2013 Chev Tahoe Police PPV $26,221.00 $26,500.00 20020-84043 Police #2FAFP71W45X123574. 96,243 miles

2005 Ford Crown Victoria VIN Caldwell Country 2013 Chev Tahoe Police PPV $26,221.00 $26,500.00 20020-84043 Police #2FAFP71W95X123571. 91,472 miles

Caldwell Country 2013 Chev Tahoe Police PPV $26,221.00 $26,500.00 20601-84043 Police New additon to fleet

Caldwell Country 2013 Chev Tahoe Police PPV $26,221.00 $26,500.00 20601-84043 Police New additon to fleet

Caldwell Country 2013 Chev Tahoe Police PPV $26,221.00 $26,500.00 20601-84043 Police New additon to fleet

Caldwell Country 2013 Chev Tahoe Police PPV $26,221.00 $26,500.00 20601-84043 Police New additon to fleet AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED EIGHTY-EIGHT THOUSAND FOUR HUNDRED THIRTY-ONE AND NO/100 DOLLARS ($288,431.00) TO CALDWELL COUNTRY CHEVROLET, THROUGH A COOPERATIVE PURCHASING AGREEMENT WITH TARRANT COUNTY FOR THE PURCHASE OF ELEVEN (11) 2013 CHEVROLET TAHOES FOR THE POLICE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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WHEREAS, the City Council of the City of Baytown has approved an Interlocal Agreement for cooperative purchasing with Tarrant County; and

WHEREAS, pursuant to such agreement, the City may make purchases based upon the bids received by Tarrant County; and

WHEREAS, Tarrant County has taken bids for 2013 Chevrolet Tahoes, and City desires to take advantage of such bids in order to purchase eleven (11) 2013 Chevrolet Tahoes for the Police Department; NOW THEREFORE

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

Section 1: That the City Council of the City of Baytown hereby authorizes the payment of TWO HUNDRED EIGHTY-EIGHT THOUSAND FOUR HUNDRED THIRTY-ONE AND NO/100 DOLLARS ($288,431.00) to Caldwell Country Chevrolet, through its cooperative purchasing agreement with Tarrant County for the purchase of eleven (11) 2013 Chevrolet Tahoes for the Police Department.

Section 2: That pursuant to the provisions of Texas Local Government Code Annotated §252.048, the City Manager is hereby granted general authority to approve any change order involving a decrease or an increase in costs of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) or less, provided that the original contract price may not be increased by more than twenty-five percent (25%) or decreased by more than twenty-five percent (25%) without the consent of the contractor to such decrease.

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

INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 25th day of October, 2012.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

R:\Karen\Files\City Council\Ordinances\2012\October 25\TarrantCountyCooperativePurchaseofTahoes.doc

BAYTOWN CITY COUNCIL MEETING 8. f. Meeting Date: 10/25/2012 Subject: Consider Authorizing a MOU with Harris County to Redistribute Grant-Funded Vehicles - Police Department. Prepared for: Keith Dougherty Prepared by: Karen Horner, Legal

Information ITEM Consider an ordinance authorizing a Memorandum of Understanding with Harris County to redistribute grant-funded vehicles.

PREFACE This proposed ordinance Authorizes a Memorandum of Understanding with Harris County to redistribute grant-funded vehicles.

Harris County received a Federal Port Security Grant from the Department of Homeland Security's Infrastructure Protection Program as part of a coordinated, national effort to strengthen the security of critical infrastructure. A portion of the funding was used to purchase vehicles for the Harris County Sheriff's Office ("HCSO"). HCSO has purchased 22 vehicles with the grant funds; however, as a result of the negative economic climate, the HCSO has not been able to hire personnel to use all of the vehicles purchased. Thus, HCSO has obtained permission from the Department of Homeland Security to share the vehicles with other governmental entities, including the City of Baytown, in order to effectively use its grant.

Under the proposed Memorandum of Understanding, the City of Baytown will receive one 2011 Ford Crown Victoria for use in patrolling the land-side within the City's jurisdiction. The vehicle must spend a majority of time patrolling to prevent, detect, manage and mitigate IED threats/attacks within the City's jurisdiction and within Quadrant 1, which is described as "Interstate 10 from 610 Loop East to Highway 146 South to the Fred Hartman Bridge (Baytown Bridge), and the surrounding industry." The City is required to keep a written log of patrols and must restrict the use of the vehicle to on-duty use for official business only. The City may return the vehicle at any time and must notify HCSO if the vehicle becomes inoperable either through age, accumulation of mileage, damage or other event, and is not economically feasible for the City to repair.

This item supports the City's Citizen Safety vision by continuing to provide great police service.

RECOMMENDATION Staff recommends approval.

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

Attachments Ordinance - Harris County MOU Exhibit A - Harris County MOU AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A MEMORANDUM OF UNDERSTANDING WITH HARRIS COUNTY FOR THE REDISTRIBUTION OF A GRANT-FUNDED VEHICLE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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

Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the City Manager to execute and the City Clerk to attest to a Memorandum of Understanding with Harris County for the redistribution of a grant-funded vehicle. A copy of said agreement is attached hereto as Exhibit “A,” and incorporated herein for all intents and purposes.

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

INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 25th day of October, 2012.

______STEPHEN H. DONCARLOS, Mayor

ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

R:\Karen\Files\City Council\Ordinances\2012\October 25\HarrisCountyMOU4Vehicle.doc Exhibit "A"

MEMORANDUM OF UNDERSTANDING TO REDISTRIBUTE GRANT FUNDED VEHICLES BETWEEN HARRIS COUNTY AND THE CITY OF BAYTOWN

This Memorandum of Understanding ("MOU") is made and entered into by and between the City of Baytown, Texas (the “City”) and Harris County, Texas (“County”) on behalf of the Harris County Sheriff’s Office (“HCSO”), hereafter collectively the “Parties.”

SECTION I. BACKGROUND AND PURPOSE

A. In 2006, County received a Federal Port Security Grant in the amount of $9,145,907.00 from the Department of Homeland Security’s (DHS) Infrastructure Protection Program as part of a coordinated, national effort to strengthen the security of America’s critical infrastructure.

B. A portion of this funding was used to purchase vehicles for the HCSO, which purchased 22 vehicles in 2011. As a result of the negative economic climate, the HCSO has not been able to hire personnel to use the 22 vehicles and desires to share these vehicles with other appropriate governmental entities, including the City Police Department.

C. The HCSO has contacted the granting agency, FEMA, and received permission to move the vehicles from HCSO inventory to the City inventory with the understanding that the entities would enter into an MOU to memorialize the transaction.

SECTION II. TERM

A. The term of this MOU shall commence on the latest date of execution by a Party, and run for a period of one (1) calendar year, unless sooner terminated in accordance with this MOU. This MOU shall automatically renew for additional one (1) year periods, unless terminated as provided below.

B. This MOU may be terminated at any time, for any reason, by either County or the City, upon thirty (30) days written notice to the other party, specifying a termination date.

SECTION III. RESPONSIBILITIES OF COUNTY

A. County, from HCSO, shall transfer: one (1) White 2011 Ford/Crown Victoria vehicle, equipment #24296, VIN# 2FABP7BV5BX106654, to the City after execution of this MOU. County shall maintain a copy of the paperwork regarding the purchase and transference of the vehicle for audit purposes. County may place written information or insignias on the vehicle as required by the grant. B. County hereby instructs the City that said vehicle must be used in accordance with all federal, state and local laws, rules and regulations pertaining to the grant and this MOU.

SECTION IV. RESPONSIBILITIES OF CITY

A. Specific use of vehicles:

1. The vehicle will be used in a “very visible” manner to patrol the land-side within the City’s jurisdiction. 2. The vehicle will spend a majority of time patrolling to prevent, detect, manage, and mitigate IED threats/attacks.

a. The vehicle will spend a majority of time patrolling the following areas to the extent that the same are within the City’s jurisdiction: i. Quadrant 1: Interstate 10 from 610 Loop east to Highway 146 south to the Fred Hartman Bridge (Baytown Bridge), and the surrounding industry. ii. Quadrant 2: Highway 146 from the Fred Hartman Bridge south to the Kemah Bridge, and the surrounding industry. iii. Quadrant 3: Highway 146 from Red Bluff Road north to Genoa Red Bluff Road West to Beltway 8, and the surrounding industry including Sherman Bridge. iv. Quadrant 4: Beltway 8 North to Highway 225 and all of Highway 225. From Highway 225 North on 610 Loop to Interstate 10, and surrounding industry. b. Patrols will include the Washburn Tunnel, Sherman Bridge, Fred Hartman Bridge, Beltway 8 Toll Bridge, Lynchburg Ferry areas and the Bayport Container Terminal to the extent that the same are within the City’s jurisdiction. c. The City will maintain a written log of patrols. Logs will include officers’ names, times and beginning and ending mileage for the shift, and a list of all the areas patrolled. d. The vehicle will be for on-duty use and official business use ONLY.

B. Additional vehicle provisions:

1. The City agrees to accept and to maintain the vehicle; to carry comprehensive liability insurance, including bodily injury and collision, or self-insurance regarding the vehicle; and to assume all expenses for the vehicle as long as it remains in the possession of the City.

a. The City agrees to assume all responsibility and liability for the acts and omissions of its employees with regard to the use of the vehicle, and to release County and HCSO from any claims, causes of action, judgments, or other expenses arising out of any accidents caused by the use or misuse of the vehicle by an employee of the City.

2 b. The City agrees to enter into the documents attached hereto and incorporated herein as Exhibits A, B and C required for the grant, and to maintain any written documents required by the grant or by County or HCSO with regard to the vehicle – i.e. documentation of proper maintenance, mileage and log records, insurance coverage, vehicle use, and grant requirements. The City agrees to provide County with evidence of insurance or self-insurance for the vehicle.

SECTION V. RETURN OF VEHICLES

A. In the event that the City determines it no longer desires to use one or more of the vehicles, and desires to return the vehicle to HCSO, or this MOU is terminated, then the City shall give HCSO notice of its intent and make arrangements for the vehicle to be returned to HCSO.

B. In the event that a vehicle becomes inoperable either through age, accumulation of mileage, damage, or other event, which is not economically feasible for the City to repair, the City shall notify County and HCSO to determine appropriate handling of the vehicle, and to document all actions taken in regard to the vehicle.

SECTION VI. NO COUNTY FUNDS

The City understands and agrees that County is NOT certifying any funds under this MOU and does not have any funds for the maintenance, insurance, or other operational costs for the vehicle after transfer of the vehicle to the City. The City agrees NOT to make any claims against County or HCSO for any expenses after receipt of the vehicle by the City.

SECTION VII. RELATIONSHIP OF THE PARTIES

A. It is understood and agreed that the City is a separate legal entity from County and neither the City nor any of its officers, employees, volunteers, agents, or representatives shall be deemed for any purposes to be employees, agents or representatives of County. The City assumes full responsibility for the actions of its personnel and volunteers while performing any services incident to this MOU, and shall remain solely responsible for their supervision, daily direction and control, payment of their salary (including withholding of income taxes and social security), workers’ compensation, disability benefits, liability for any work related accidents, and like requirements and obligations. This MOU is not intended to create a joint enterprise, joint venture, business partnership, agency, franchise, or employment relationship, under Texas law.

B. City may, upon notice to County, place a decal or other insignia on the subject vehicle bearing the name of the Baytown Police Department.

3 C. Nothing in this MOU shall be deemed or construed to create any third party beneficiaries or otherwise give any third party any claim or right of action against any party to this MOU. SECTION VIII. NO WAIVER OF IMMUNITY

Neither Party waives or relinquishes any immunity or defense on behalf of itself, its trustees, officers, employees, and agents as a result of its execution of this MOU and performance of the functions or obligations described herein.

SECTION IX. NO WAIVER OF OBLIGATIONS

No waiver of a breach of any provision of this MOU shall be construed to be a waiver of any breach of any other provision. No delay in acting with regard to any breach of any provision shall be construed to be a waiver of such breach.

SECTION X. NOTICE

Any notice required to be given under the provisions of this MOU shall be in writing and shall be duly served when it shall be hand delivered, or faxed to the addresses set out below with a receipt obtained for such delivery, or shall have been deposited, duly registered or certified, return receipt requested, in the United States Mail addressed to the other party at the following addresses:

To: Harris County Sheriff’s Office With a copy to: Attn: Sheriff Adrian Garcia Harris County Commissioners Court 1200 Baker Street Attn: County Judge Ed Emmett Houston, TX 77002 1001 Preston. 9th Floor Fax: ______Houston, TX 77002 Fax:______

Or to: City of Baytown With a copy to: Attn: Chief of Police City of Baytown 3200 N. Main Street Attn: City Manager Baytown, Texas 77521 2401 Market Street Fax: 281-427-5037 Baytown, TX 77520 Fax: 281-420-6586

Any party may designate a different address by giving the other party ten (10) days prior written notice of the new address, in the manner provided above.

SECTION XI. SECTION HEADINGS

The headings of sections contained in this MOU are for convenience only, and they shall not, expressly or by implication, limit, define, extend, or construe the terms or provisions of the sections of this Agreement.

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SECTION XII. RECORDS RETENTION AND AUDITS

The City understands that this is a grant transaction and that an authorized representative of FEMA, the U.S. Department of Homeland Security, the Harris County Auditor, County, HCSO, the State of Texas, the Inspector General of the U.S., or any of their duly authorized representatives, shall be afforded unrestricted access to and permitted to inspect and copy all City records, including but not limited to: accounting records, vehicle logs, maintenance and insurance information, correspondence, drawings, instructions, receipts, vouchers, memoranda, similar data, or other information required by the grant (hard copy as well as computer readable data) pertaining to this MOU. The City shall preserve all such records for a period of five (5) years after termination of this MOU, or for such longer period as may be required by law, or for audit purposes. In the event that any of the vehicles are involved in an accident, the City shall maintain documentation regarding such vehicle until final resolution of any lawsuit, including appeals, or for a period of five years after termination of this MOU, whichever is longer.

SECTION XIII. SEVERABILITY

The provisions of this MOU are severable. If any provision of this MOU or the application thereof to any person or circumstances shall be invalid or unenforceable to any extent, the remainder of the MOU and the application of such provisions to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

SECTION XIV. COMPLETE UNDERSTANDING

This MOU shall constitute the complete understanding of the County and the City, and may not be modified in any manner without the express written consent of both parties.

IN WITNESS THEREOF, THE CITY OF BAYTOWN and HARRIS COUNTY have executed this MOU through their duly authorized representatives, and the Sheriff of Harris County and the Police Chief for the City of Baytown Police Department have approved it.

CITY OF BAYTOWN HARRIS COUNTY

By______By______ROBERT D. LEIPER Date ED EMMETT Date City Manager County Judge

APPROVED: APPROVED:

5 By:______KEITH DOUGHERTY Date ADRIAN GARCIA Date Chief of Baytown Police Department Harris County Sheriff APPROVED AS TO FORM: APPROVED AS TO FORM: VINCE RYAN Harris County Attorney

By:______By:______IGNACIO RAMIREZ, SR., City Attorney Dori A. Wind, Asst. County Attorney

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STATE OF TEXAS § § COUNTY OF HARRIS §

The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at the Harris County Administration Building in the City of Houston, Texas, on the ____ day of ______, 2012, with the following member’s present, to-wit:

Ed Emmett County Judge El Franco Lee Commissioner, Precinct No. 1 Jack Morman Commissioner, Precinct No. 2 Steve Radack Commissioner, Precinct No. 3 R. Jack Cagle Commissioner, Precinct No. 4 and the following members absent, to-wit: ______, constituting a quorum, when among other business, the following was transacted:

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

Yes No Abstain Judge Emmett    Comm. Lee    Comm. Morman    Comm. Radack    Comm. Cagle   

The County Judge thereupon announced that the motion had duly and lawfully carried and that the Order had been duly and lawfully adopted. The Order thus adopted follows: ORDER AUTHORIZING EXECUTION OF MEMORANDUM OF UNDERSTANDING TO REDISTRIBUTE GRANT FUNDED VEHICLES BY AND BETWEEN HARRIS COUNTY ON BEHALF OF THE HARRIS COUNTY SHERIFF’S OFFICE AND THE CITY OF BAYTOWN

R E C I T A L S: WHEREAS in 2006, County received a federal Port Security Grant in the amount of $9,145,907.00 from the Department of Homeland Security’s (DHS) Infrastructure

7 Protection Program as part of a coordinated, national effort to strengthen the security of America’s critical infrastructure; and

WHEREAS, a portion of this funding was used to purchase vehicles for the Harris County Sheriff’s Office (HCSO), which purchased 22 vehicles in 2011. As a result of the negative economic climate, the HCSO has not been able to hire personnel to use the 22 vehicles and desires to share these vehicles with other appropriate governmental entities, including the City of Baytown Police Department, and

WHEREAS, the HCSO has contacted the granting agency, FEMA, and received permission to move one vehicle from HCSO inventory to the City of Baytown inventory with the understanding that the entities would enter into an MOU to memorialize the transaction.

NOW THEREFORE, IT IS ORDERED BY THE COMMISSIONERS COURT OF HARRIS COUNTY, TEXAS, THAT:

Section 1: The recitals set forth in this Order are true and correct.

Section 2: Harris County Judge Ed Emmett is authorized to execute this Agreement on behalf of Harris County beginning on the latest date of signature by the parties, for HCSO to transfer one vehicle to the City of Baytown Police Department to be used to protect the residents of Harris County as specified in the MOU, at no cost to Harris County.

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

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BAYTOWN CITY COUNCIL MEETING 8. g. Meeting Date: 10/25/2012 Subject: Ordinance: Consider the Purchase of a Mobile Concrete Dispenser - Public Works. Prepared for: Darryl Fourte Prepared by: Linda Malak, Finance

Information ITEM Consider an ordinance authorizing the purchase of a Mobile Concrete Dispenser through the Houston-Galveston Area Council (H-GAC).

PREFACE This proposed ordinance authorizes the purchase of a 10 yard R089 Mobile Concrete Dispenser from Cemen Tech, Inc., through the Houston-Galveston Area Council (H-GAC), for a total amount of $90,772.

The Mobile Concrete Dispenser body will mounted on a 2013 Freightliner Cab and Chassis. The H-GAC fee is included in the total amount.

This item supports the City of Baytown vision of maintaining and improving infrastructure.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: 2013 Acct Code: 84043 Source of Funds (Operating/Capital/Bonds): Capital Funds Budgeted Y/N: Y Amount Needed: $90,772.00 Fiscal Impact (Additional Information): 30412 - 84043 (Restoration / Motor Vehicles)

Attachments Indebtedness Certification Ordinance - H-GAC Mobile Concrete Dispenser

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF NINETY THOUSAND SEVEN HUNDRED SEVENTY-TWO AND NO/100 DOLLARS ($90,772.00) TO CEMEN TECH, INC., THROUGH THE HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF A 10 YARD R089 MOBILE CONCRETE DISPENSER FOR THE PUBLIC WORKS DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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WHEREAS, the City Council of the City of Baytown has approved an Interlocal Agreement which authorizes the Houston-Galveston Area Council to take bids for certain items on behalf of the City of Baytown; and

WHEREAS, pursuant to such agreement, the Houston-Galveston Area Council has taken bids for a 10 yard R089 Mobile Concrete Dispenser for the Public Works Department; NOW THEREFORE

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

Section 1: That the City Council of the City of Baytown hereby authorizes the payment of NINETY THOUSAND SEVEN HUNDRED SEVENTY-TWO AND NO/100 DOLLARS ($90,772.00) to Cemen Tech, Inc., through the Houston-Galveston Area Council for the purchase of a 10 yard R089 Mobile Concrete Dispenser for the Public Works Department.

Section 2: That pursuant to the provisions of Texas Local Government Code Annotated §252.048, the City Manager is hereby granted general authority to approve any change order involving a decrease or an increase in costs of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) or less, provided that the original contract price may not be increased by more than twenty-five percent (25%) or decreased by more than twenty-five percent (25%) without the consent of the contractor to such decrease.

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

INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 25th day of October, 2012.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Ordinances\2012\October 25\HGAC10YardMobileConcreteDispenser.doc

BAYTOWN CITY COUNCIL MEETING 8. h. Meeting Date: 10/25/2012 Subject: Ordinance: Consider Purchasing a 2013 Freightliner Cab and Chassis - Public Works. Prepared for: Darryl Fourte Prepared by: Linda Malak, Finance

Information ITEM Consider an ordinance authorizing the purchase of one (1) 2013 Freightliner 108 SD 80 Cab and Chassis through the Houston-Galveston Area Council (H-GAC).

PREFACE This proposed ordinance authorizes the purchase of one (1) 2013 Freightliner 108 SD 80 Cab and Chassis from Houston Freightliner, Inc., through the Houston-Galveston Area Council (H-GAC), for a total amount of $91,524.

A Mobile Concrete Dispenser body will be purchased from a separate supplier and mounted on this truck. The H-GAC fee of $600 is assessed per each purchase order and included in the total amount. This truck is new to the fleet.

This item supports the City of Baytown vision of maintaining and improving infrastructure.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: 2013 Acct Code: 84043 Source of Funds (Operating/Capital/Bonds): Capital Funds Budgeted Y/N: Y Amount Needed: $91,524.00 Fiscal Impact (Additional Information): 30412 / 84043 (Restoration / Motor Vehicles)

Attachments Indebtedness Certification Ordinance - H-GAC Freightliner

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF NINETY-ONE THOUSAND FIVE HUNDRED TWENTY-FOUR AND NO/100 DOLLARS ($91,524.00) TO HOUSTON FREIGHTLINER, INC., THROUGH THE HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) 2013 FREIGHTLINER 108 SD 80 CAB AND CHASSIS FOR THE PUBLIC WORKS DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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WHEREAS, the City Council of the City of Baytown has approved an Interlocal Agreement which authorizes the Houston-Galveston Area Council to take bids for certain items on behalf of the City of Baytown; and

WHEREAS, pursuant to such agreement, the Houston-Galveston Area Council has taken bids for one (1) 2013 Freightliner 108 SD 80 Cab and Chassis for the Public Works Department; NOW THEREFORE

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

Section 1: That the City Council of the City of Baytown hereby authorizes the payment of NINETY-ONE THOUSAND FIVE HUNDRED TWENTY-FOUR AND NO/100 DOLLARS ($91,524.00) to Houston Freightliner, Inc., through the Houston-Galveston Area Council for the purchase of one (1) 2013 Freightliner 108 SD 80 Cab and Chassis for the Public Works Department.

Section 2: That pursuant to the provisions of Texas Local Government Code Annotated §252.048, the City Manager is hereby granted general authority to approve any change order involving a decrease or an increase in costs of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) or less, provided that the original contract price may not be increased by more than twenty-five percent (25%) or decreased by more than twenty-five percent (25%) without the consent of the contractor to such decrease.

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

INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 25th day of October, 2012.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Ordinances\2012\October 25\HGACFreightliner.doc

BAYTOWN CITY COUNCIL MEETING 8. i. Meeting Date: 10/25/2012 Subject: Ordinance: Consider Awarding a Demolition Contract for Two City Owned Buildings - Planning and Development Services Prepared for: Kelly Carpenter, Planning and Development Services Prepared by: June Tyler, Planning and Development Services

Information ITEM Consider an ordinance awarding a demolition contract for 108 W. Pearce Street and 407 W. Pearce Street to Inland Environments, LTD.

PREFACE This proposed ordinance awards a contract in the amount of $75,477 to Inland Environments, LTD, for the asbestos abatement, demolition and Storm Water Pollution Prevention Plan for two City-owned buildings: the former City Club located at 108 W. Pearce Street; and the former Harvest Time Church located 407 W. Pearce Street.

Two notices of the bid release were published in The Baytown Sun and mailed/emailed directly to over 20 demolition companies and engineering firms from a list of companies who previously expressed interest in bidding on Community Development projects. Nine companies were represented at the Mandatory Pre-Bid Conference held on October 3, 2012. Three bids were submitted.

This bid is being awarded on the best value for the City based upon criteria enumerated in the bidding documents, including reputation of the bidder and quality of the bidder's goods or services. Considering these criteria, the bidder that can perform the demolition, asbestos abatement and Storm Water Pollution Prevention Plan at the best value to the City is Inland Environments, LTD. In addition to being the best value, Inland Environments, LTD., has satisfactorily completed several commercial demolition and asbestos abatement projects for the City of Baytown.

The bid tabulation is attached. The winning bid is good for 90 days. Staff proposes to complete the demolition and asbestos abatement of both buildings within 30 days.

This proposed ordinance supports the City's vision to improve the appearance of the City of Baytown by eliminating slum and blighted conditions within the corporate limits.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: Acct Code: 35110-74061-PSSF0101-74061 Acct Code: 35110-74061-PSSF0101-74061 Source of Funds (Operating/Capital/Bonds): CIPF Funds Budgeted Y/N: Y Amount Needed: $75,477 Fiscal Impact (Additional Information):

Attachments Bid Tabulation Ordinance - Demolition Contract DEMOLITION BID TABULATION 12-05 Bids due Thursday, October 11, 2012 @ 9:45 a.m. Bid Tabulation - Bids Received INLAND ENVIRONMENTS LTD. CHERRY DEMOLITION J.T.B. SERVICES, INC. PO BOX 6751 6131 SELINSKY HOUSTON 9026 LAMBRIGHT KINGWOOD TX 77325 TX 77048 HOUSTON TX 77075

Item Unit of No. Demolition Measure Quantity Unit Price St. Unit Price Unit Price

1 108 W. PEARCE 1 L.S $17,227.00 $15,000.00 $8,660.00

2 407 W. PEARCE 1 L.S $54,770.00 $133,000.00 $87,950.00

3 SWPPP 1 L.S $3,480.00 $1,500.00 $1,000.00

Bid Bond: Yes Bid Bond: Yes Bid Bond: NO/CHECK Bid Bond: Yes/No Total Base Bid $75,477 $149,500 $97,610 $0

DEMOLITION BID TABULATION 12-05 Bids due Thursday, October 11, 2012 @ 9:45 a.m. Bid Tabulation - Bids Received

Item Unit of No. Demolition Measure Quantity Unit Price Unit Price Unit Price

Bid Bond: Yes/No Bid Bond: Yes/No Bid Bond: Yes/No Bid Bond: Yes/No Total Base Bid $0 $0 $0 $0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF INLAND ENVIRONMENTS, LTD, FOR THE ASBESTOS ABATEMENT AND DEMOLITION OF THE CITY-OWNED STRUCTURES LOCATED AT 108 W. PEARCE AND 407 W. PEARCE, BAYTOWN, HARRIS COUNTY, TEXAS; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT OF SEVENTY-FIVE THOUSAND FOUR HUNDRED SEVENTY-SEVEN AND NO/100 DOLLARS ($75,477.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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WHEREAS, the City of Baytown advertised for bids for the asbestos abatement and demolition of the City- owned structures located at 108 W. Pearce and 407 W. Pearce, Baytown, Harris County, Texas, to be received on October 11, 2012; and

WHEREAS, notice to bidders as to the time and place, when and where the contract would be let was published pursuant to the provisions of Chapter 252 of the Texas Local Government Code; and

WHEREAS, all bids were opened and publicly read in City Hall at 9:45 a.m., Tuesday, October 11, 2012, as per published notice to bidders; NOW THEREFORE

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

Section 1: That the City Council of the City of Baytown hereby accepts the bid of Inland Environments, LTD, for the asbestos abatement and demolition of the City-owned structures located at 108 W. Pearce and 407 W. Pearce, Baytown, Harris County, Texas, for the sum OF SEVENTY-FIVE THOUSAND FOUR HUNDRED SEVENTY-SEVEN AND NO/100 DOLLARS ($75,477.00) and authorizes payment thereof.

Section 2: That pursuant to the provisions of Texas Local Government Code Annotated §252.048, the City Manager is hereby granted general authority to approve any change order involving a decrease or an increase in costs of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) or less, subject to the provision that the original contract price may not be increased by more than twenty-five percent (25%) or decreased by more than twenty-five percent (25%) without the consent of the contractor to such decrease.

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

INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 25th day of October, 2012.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

\\cobfs01\legal\Karen\Files\City Council\Ordinances\2012\October 25\AwardDemolitionofWPearceProperties.doc

BAYTOWN CITY COUNCIL MEETING 8. j. Meeting Date: 10/25/2012 Subject: Ordinance: Consider Approving a Budget Amendment to the FCPEMSD FY2011-12 Budget - Fire. Prepared for: Shon Blake, Fire Prepared by: Leticia Brysch, City Clerk's Office

Information ITEM Consider an ordinance amending the Baytown Fire Control, Prevention, and Emergency Medical Services District's Fiscal Year 2011-2012 budget in order to reprogram funds from Radio and Testing Equipment to the Capital Improvement Fire Training Facility Project.

PREFACE This proposed ordinance amends the Baytown Fire Control, Prevention, and Emergency Medical Services District's Fiscal Year 2011-2012 budget in order to reprogram funds from Radio and Testing Equipment (84045) to the Capital Improvement Fire Training Facility Project (91351) in the amount of $22,305.00.

This proposed movement of $22,305.00 is to use monies left in the FCPEMSD FY 2011-2012 budget for construction of the Fire Training Facility.

This item was approved by the Board of Directors of the Baytown Fire Control, Prevention and EMS District on Tuesday, October 16, 2012, and supports the City's vision of providing great public safety by training and developing its first responders with the most up to date facilities and equipment.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact (Additional Information): No fiscal impact.

Attachments Ordinance - Approve FCPEMSD Budget Amendment Exhibit A - Budget Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING A BUDGET AMENDMENT TO THE FISCAL YEAR 2011-12 BUDGET SUBMITTED BY THE BOARD OF DIRECTORS OF THE BAYTOWN FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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WHEREAS, on the 19th day of July, 2011, after considering the proposed budget together with the testimony and information received at the public hearings, the Baytown Fire Control, Prevention and Emergency Medical Services District (the “District”) adopted its 2011- 12 budget; and

WHEREAS, on the 25th day of August, 2011, the City Council, after holding a public hearing to consider the budget adopted by the Board of Directors of the District (the “Board”), approved the District’s 2011-12 fiscal year budget; and

WHEREAS, on the 19th day of June, 2012, the Board approved an amendment to the District’s 2011-12 fiscal year budget in order to reprogram THIRTY-FIVE THOUSAND AND NO/100 DOLLARS ($35,000.00) from Machinery and Equipment to Motor Vehicles for the purchase of a replacement vehicle for the EMS Coordinator; and

WHEREAS, on the 28th day of June, 2012, the City Council approved an amendment to the District’s 2011-12 fiscal year budget in order to reprogram THIRTY-FIVE THOUSAND AND NO/100 DOLLARS ($35,000.00) from Machinery and Equipment to Motor Vehicles for the purchase of a replacement vehicle for the EMS Coordinator; and

WHEREAS, on the 16th day of October, 2012, the Board approved an amendment to the District’s 2011-12 fiscal year budget in order to reprogram TWENTY-TWO THOUSAND THREE HUNDRED FIVE AND NO/100 DOLLARS ($22,305.00) from Radio and Testing Equipment to Capital Improvement Fire Training Facility Project; and

WHEREAS, pursuant to Section 344.205(f) of the Texas Local Government Code together with the procedures enacted by the Board for adopting a budget, the City Council must approve the amendment in order for the same to be in effect; and

WHEREAS, the City Council of the City of Baytown, after considering the submitted budget amendment believes that the amendment approved by the Board is consistent with the interest of the residents of the District; NOW THEREFORE,

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

Section 1: That all matters and facts set forth in the recitals hereinabove are found to be true and are approved by the City Council of the City of Baytown, Texas.

Section 2: That the City Council of the City of Baytown, Texas hereby approves the amendment to the 2011-12 fiscal year budget of the Board of the Baytown Fire Control, Prevention, and Emergency Medical Services District, which amendment is attached hereto as Exhibit “A” and is incorporated herein for all intents and purposes for the District’s 2011-12 fiscal year.

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

INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 25th day of October, 2012.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

\\cobfs01\legal\Karen\Files\City Council\Ordinances\2012\October 25\ApprovingAmendment2FCPEMSD2011-12Budget.doc

2 EXHIBIT "A" BUDGET APPROPRIATION TRANSFER

FISCAL YEAR 10/1/11 thru 9/30/12 DATE 9-30-12 Period 13 FUND 207 FCPEMSD DIVISION 20701 Special District Fire CONTROL NUMBER Include in End of Year Budget Amendment x Transfers Out - Journal Entry TRANSFER FROM: CURRENT ADJUSTED ACCOUNT ACCOUNT AVAILABLE BUDGET TRANSFER BUDGET NUMBER NAME BALANCE AMOUNT AMOUNT AMOUNT

84045 Radio & Testing Equipment $ 22,305.00 $ 24,800.00 $ (22,305.00) $ 2,495.00

TRANSFER TO:

91351 To Capital Improvement Prg. $ - $ - $ 22,305.00 $ 22,305.00

EXPLANATION:

The Special District Fire 2011-2012 budget will reprogram $22,305 from Radio & Testing Equipment to Capital Improvement Program for the Fire Training Facility Project.

TO BE EXCUTED UPON FCPEMSD BOARD APPROVAL:

Requested By: Date Director of Finance Date

Audited By: Date City Manager/Deputy City Manager/Assistant City Manager Date (If applicable) Entered By: Date

BAYTOWN CITY COUNCIL MEETING 8. k. Meeting Date: 10/25/2012 Subject: Amending Section 90-26 of the Code of Ordinances to Increase the Additional Penalty to Defray the Cost of Collection of Ad Valorem Taxes - Finance. Prepared for: Louise Richman Prepared by: Karen Horner, Legal

Information ITEM Consider an ordinance amending Section 90-26 "Delinquencies," subsections (a) and (c) of the Code of Ordinances, Baytown, Texas, to increase the additional penalty assessed on delinquent ad valorem taxes, penalties and interest, to defray the cost of collection of ad valorem taxes.

PREFACE This proposed ordinance amends Section 90-26 "Delinquencies," subsections (a) and (c) of the Code of Ordinances, Baytown, Texas, to increase the additional penalty assessed on delinquent ad valorem taxes, penalties and interest, in order to defray the cost of collection of ad valorem taxes.

Pursuant to the Texas Tax Code, a taxing unit may provide that certain ad valorem taxes incur an additional penalty to defray the cost of collection of delinquent taxes. The penalty assessed may not be more than 20% of the amount of the delinquent tax, penalty and interest collected; and is in lieu of attorney's fees that could be awarded in a suit to collect the delinquent taxes.

The City Council has imposed the additional penalty on delinquent ad valorem taxes since 1994. The additional penalty was originally 15% and was increased in 2006 to 17.5%. Today, a 20% additional penalty is assessed by many of the taxing jurisdictions, including the Goose Creek Consolidated Independent School District, the Lee College District and Harris County. This proposed ordinance increases the additional penalty to 20%, which is consistent with the practices of other taxing jurisdictions and is in conformance with state law.

This item supports the City's vision for Economic and Financial Health.

RECOMMENDATION Staff recommends approval.

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

Attachments Ordinance - Additional Penalty AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 90 “TAXATION,” ARTICLE II “AD VALOREM TAXES,” SECTION 90-26 “DELINQUENCIES,” SUBSECTIONS (A) AND (C) OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO INCREASE THE ADDITIONAL PENALTY ASSESSED ON DELINQUENT AD VALOREM TAXES, PENALTIES AND INTEREST; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.

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

Section 1: That Chapter 90 “Taxation,” Article II “Ad Valorem Taxes,” Section 90- 26 “Delinquencies,” Subsection (a) of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:

CHAPTER 90. TAXATION

ARTICLE II. AD VALOREM TAXES

Sec. 90-26 Delinquencies.

(a) Ad valorem taxes becoming delinquent on or after February 1 of a year but not later than May 1 of that year and that remain delinquent on July 1 of the year in which they become due shall incur an additional penalty of twenty percent (20%) of the taxes, penalties and interest due pursuant to V.T.C.A., Tax Code § 33.07 in order to defray the costs of collection.

Section 2: That Chapter 90 “Taxation,” Article II “Ad Valorem Taxes,” Section 90- 26 “Delinquencies,” Subsection (c) of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:

CHAPTER 90. TAXATION

ARTICLE II. AD VALOREM TAXES

Sec. 90-26 Delinquencies.

(c) Ad valorem taxes becoming delinquent on or after June 1 of a year under V.T.C.A., Tax Code §§ 26.07(f), 26.15(e), 31.03, 31.031, 31.032, 31.04, 42.42 incur an additional penalty of twenty percent (20%) of the taxes, penalties and interest due pursuant to V.T.C.A., Tax Code § 33.08 in order to defray the costs of collection.

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

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

Section 5: This ordinance shall take effect from and after ten (10) days from its passage by the City Council and shall be applied on and after January 1, 2013. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Baytown at least twice within 10 days after passage of this ordinance.

INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 25th day of October, 2012.

______STEPHEN H. DONCARLOS, Mayor

ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

\\cobfs01\legal\Karen\Files\City Council\Ordinances\2012\October 25\Increase4AdditionalPenalty.doc

2

BAYTOWN CITY COUNCIL MEETING 8. l. Meeting Date: 10/25/2012 Subject: Ordinance: Consider Authorizing the City Manager to Negotiate and Execute an Earnest Money Contract with the Gerald Teel - Engineering Prepared for: Jose A. Pastrana Prepared by: Karen Horner, Legal

Information ITEM Consider an ordinance authorizing the City Manager to negotiate and execute an Earnest Money Contract with Gerald Teel for right-of-way, detention and sidewalks for the Baker Road Extension Project.

PREFACE This proposed ordinance authorizes the City Manager to negotiate an Earnest Money Contract with Gerald Teel for right-of-way, detention and sidewalks for the Baker Road Extension Project upon terms and conditions satisfactory to the City Manager and the City Attorney. The acquisition will be contingent upon (i) an inspection report satisfactory to the City and (ii) an environmental site assessment.

This proposed earnest money contract establishes a sales price of $340,081.00.

The acquisition of the property supports the City's Infrastructure Maintenance and Improvement vision by improving the road network and mobility.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): GOs and MDD Funds Budgeted Y/N: Y Amount Needed: $340,081.00 Fiscal Impact (Additional Information): Advance funded GOs by Council Resolution Number 2190 dated April 12, 2012 = $286,000.00 MDD = $54,081.00

Attachments Ordinance - Earnest Money Contract AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN EARNEST MONEY CONTRACT WITH GERALD TEEL FOR RIGHT-OF-WAY, DETENTION AND SIDEWALKS FOR THE BAKER ROAD EXTENSION PROJECT UPON TERMS AND CONDITIONS SATISFACTORY TO THE CITY MANAGER AND THE CITY ATTORNEY; AUTHORIZING PAYMENT OF A PURCHASE PRICE FOR SUCH PROPERTY IN AN AMOUNT NOT TO EXCEED THREE HUNDRED FORTY THOUSAND EIGHTY-ONE AND NO/100 DOLLARS ($340,081.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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

Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the City Manager to negotiate and execute an Earnest Money Contract with Gerald Teel for right-of- way, detention and sidewalks for the Baker Road Extension Project upon terms and conditions satisfactory to the City Manager and the City Attorney.

Section 2: That the City Council of the City of Baytown authorizes payment of a purchase price for the property subject to the agreement authorized in Section 1 hereof in an amount not to exceed THREE HUNDRED FORTY THOUSAND EIGHTY-ONE AND NO/100 DOLLARS ($340,081.00).

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

INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 25th day of October, 2012.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

\\cobfs01\legal\Karen\Files\City Council\Ordinances\2012\October 25\EarnestMoneyContract4TeelProperty.doc

BAYTOWN CITY COUNCIL MEETING 8. m. Meeting Date: 10/25/2012 Subject: Consider Variances for the Baytown Trade Days Event at 401 Texas Avenue - Health Department. Prepared for: Mike Lester Prepared by: Karen Horner, Legal

Information ITEM Consider an ordinance granting a variance to the distance requirements contained in the Live Outdoor Exhibition Ordinance contingent upon the filing of the requisite application for Baytown Trade Days, which is to be held on November 3, 2012, from 11:00 a.m. to 6:00 p.m. on Texas Avenue; and exempting such event from the application of the City’s Peddlers and Solicitors Ordinance.

PREFACE This proposed ordinance grants a variance to the distance requirements contained in the Live Outdoor Exhibition Ordinance contingent upon the filing of the requisite application for Baytown Trade Days and exempts such event from the application of the City’s Peddlers and Solicitors Ordinance.

The City of Baytown received a request for this variance and exemption from Jesus Garcia for Baytown Trade Days, which is to be held on November 3, 2012, from 11:00 a.m. to 6:00 p.m. on Texas Avenue.

This proposed ordinance approves the request by granting a variance to Section 42-286(e) of the Code of Ordinances pertaining to the distance requirements for live outdoor exhibitions and to Chapter 74 of the Code of Ordinances pertaining to peddlers and solicitors. The live outdoor exhibition ordinance prohibits any live outdoor exhibition activity within 500 feet from property used as a residence, school, hospital or church. Because this event will be within the prohibited distance of residences, a variance from Section 42-286(e) is necessary for the event to occur.

Additionally, the outdoor vendor ordinance requires permitting, bonding, and insurance from each merchant selling goods or services at the event. A variance from Chapter 74 of the Code of Ordinances is necessary, in order to exempt such merchants from complying with such requirements. Granting the variances contained in the proposed ordinance is consistent with the action Council has taken with other city-wide events, including Baytown Fine Rides' car show.

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

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact (Additional Information): No Fiscal impact

Attachments Baytown Trade Days 2012 Ordinance - Baytown Trade Days 2012

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A VARIANCE TO CHAPTER 42 “HEALTH AND SANITATION,” ARTICLE V “LIVE OUTDOOR EXHIBITIONS,” SECTION 42-286 “PERMIT REQUIRED” OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO WAIVE THE DISTANCE REQUIREMENT FOR THE BAYTOWN TRADE DAYS EVENT TO BE HELD ON NOVEMBER 3, 2012, BETWEEN THE HOURS OF 11:00 A.M. AND 6:00 P.M. ON THE 100 THROUGH 300 BLOCK OF W. TEXAS AVENUE CONTINGENT UPON THE FILING OF THE REQUISITE APPLICATION; GRANTING A VARIANCE TO EXEMPT THE BAYTOWN TRADE DAYS EVENT FROM THE PROVISIONS OF CHAPTER 74 “PEDDLERS AND SOLICITORS” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, CONTINGENT UPON THE FILING OF AN APPLICATION AND RECEIVING A PERMIT FOR A LIVE OUTDOOR EXHIBITION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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

Section 1: That contingent upon the filing of an application, the City Council of the City of Baytown hereby grants a variance to Chapter 42 “Health and Sanitation,” Article V “Live Outdoor Exhibitions,” Section 42-286 “Permit required” of the Code of Ordinances, Baytown, Texas, to waive the distance requirement for the Baytown Trade Days Event to be held on November 3, 2012, between the hours of 11:00 a.m. and 6:00 p.m. on the 100 through 300 block of W. Texas Avenue.

Section 2: That contingent upon Jesus Garcia’s filing of an application and receiving a permit for a live outdoor exhibition pursuant to Section 42-286 of the Code of Ordinances, Baytown, Texas, the City Council of the City of Baytown hereby grants a variance to exempt the Baytown Trade Days Event to be held on November 3, 2012, between the hours of 11:00 a.m. and 6:00 p.m. on the 100 through 300 block of W. Texas Avenue, from the provisions of Chapter 74 “Peddlers and Solicitors” of the Code of Ordinances, Baytown, Texas.

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

INTRODUCED, READ and PASSED, by the affirmative vote of the City Council of the City of Baytown this the 25th day of October, 2012.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

R:\Karen\Files\City Council\Council Meeting PDF's\2012\October 25\BaytownTradeDaysVariances.doc

BAYTOWN CITY COUNCIL MEETING 8. n. Meeting Date: 10/25/2012 Subject: Resolution: Consider Authorizing the Port Security Grant Program (PSGP) FY2010 Grant Application - Police. Prepared for: Keith Dougherty, Police Prepared by: Leasa Lopez, Grants

Information ITEM Consider a resolution authorizing an application to the U.S. Department of Homeland Security's Port Security Grant Program (PSGP) - Round 10.

PREFACE Consider a resolution authorizing an application to the U.S. Department of Homeland Security's Port Security Grant Program (PSGP) - Round 10 on behalf of the Baytown Police Department Bomb Squad.

The Port Security Grant Program (PSGP) is one of five grant programs that constitute the Department of Homeland Security (DHS) focus on transportation infrastructure security activities to strengthen the Nation’s critical infrastructure against risks associated with potential terrorist attacks. PSGP funds support increased port-wide risk management; enhanced domain awareness; training and exercises; and further capabilities to prevent, detect, respond to, and recover from attacks involving improvised explosive devices (IEDs) and other non-conventional weapons.

The Baytown Police Department requests $678,000 in PSGP funding for the local Bomb Squad and the Bay Area Regional Bomb Squad (BARBS) as follows:

Item Qty. Unit Cost Total Small Platform Robots 2 $198,000 $396,000 PPE Bomb Suit/Armor 2 $15,000 $30,000 IED/EOD Helmets 2 $10,000 $20,000 Scuba/Contaminated Water 4 $7,000 $28,000 X-Ray System 4 $16,250 $65,000 Night/Thermal Vision 2 $11,000 $22,000 Camera (Still) 2 $2,500 $5,000 Camera (Video) 2 $3,500 $7,000 Pan Disruptor/Disruption Tools 2 $4,000 $8,000 Tools/Rigging/Search Kits 4 $8,750 $35,000 Mobile Data Terminals 10 $5,000 $50,000 RF Access Control System 1 $12,000 $12,000 PSGP Round 10 Total: $678,000 The City of Baytown is not required to provide matching funds for the Round 10 PSGP Grant.

This award meets the City's vision of a community that places a high premium on the safety of its citizens.

RECOMMENDATION Staff recommends approval.

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

Attachments Resolution - Port Security Grant A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE U. S. DEPARTMENT OF HOMELAND SECURITY FOR A PORT SECURITY GRANT IN THE AMOUNT OF SIX HUNDRED SEVENTY-EIGHT THOUSAND AND NO/100 DOLLARS ($678,000.00) ON BEHALF OF THE BAYTOWN POLICE DEPARTMENT’S BOMB SQUAD AND THE BAY AREA REGIONAL BOMB SQUAD; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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

Section 1: That the City Manager of the City of Baytown is hereby authorized to make application to the U. S. Department of Homeland Security for a Port Security Grant in the amount of SIX HUNDRED SEVENTY-EIGHT THOUSAND AND NO/100 DOLLARS ($678,000.00) on behalf of the Baytown Police Department’s Bomb Squad and the Bay Area Regional Bomb Squad.

Section 2: That the City Manager is hereby designated as the authorized representative for all purposes under the grant.

Section 3: That the City Manager of the City of Baytown is hereby authorized to accept or affirm any grant award that may result from the above application.

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

INTRODUCED, READ and PASSED, by the affirmative vote of the City Council of the City of Baytown this the 25th day of October, 2012.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

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BAYTOWN CITY COUNCIL MEETING 8. o. Meeting Date: 10/25/2012 Subject: Resolution: Consider Accepting the Houston Urban Area Security Initiative (UASI) - FY2012 Grant Award - Fire. Prepared for: Shon Blake, Fire Prepared by: Leasa Lopez, Grants

Information ITEM Consider a resolution accepting a Sub-Recipient Award from the Texas Department of Public Safety for the Federal Homeland Security FY2012 Grant Program Urban Area Security Initiative.

PREFACE This proposed resolution accepts a Sub-Recipient Award from the Texas Department of Public Safety for the Federal Homeland Security FY2012 Grant Program Urban Area Security Initiative for the purchase of equipment for the Regional Technical Rescue Team, CBRN Detection Maintenance Agreements, and for the Maintenance and Administration of the grant.

Since 2003, the greater Houston area has been considered by the Department of Homeland Security (DHS) to be among the highest threat urban areas in the nation. This designation qualifies the area to receive funding through the DHS Urban Area Security Initiative (UASI) grant program. This program was established to enhance the preparedness level of high threat communities.

With support from the UASI and related homeland security grant programs, the City of Baytown and other stakeholders in the Houston Urban area are engaged in a multi-disciplinary and multi-jurisdictional partnership to improve local capacity to prepare for, protect against, respond to and recover from natural or man-made catastrophic incidents.

The City of Baytown is not required to provide matching funds for the FY2012 HSGP UASI award. The award includes:

$210,000 Regional Technical Rescue Team (Equipment) $63,650 CBRN Maintenance Agreements $14,402 Grant Maintenance & Administration (BFD) $288,052 FY2012 UASI Grant Award Total

This award meets the City's vision of a community that places a high premium on the safety of its citizens.

RECOMMENDATION Staff recommends approval.

Fiscal Impact Fiscal Year: Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: $0.00 Fiscal Impact (Additional Information): No City matching funds are required.

Attachments Resolution - UASI Grant Acceptance A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO ACCEPT A SUB-RECIPIENT AWARD FROM THE TEXAS DEPARTMENT OF PUBLIC SAFETY FOR THE FEDERAL HOMELAND SECURITY FY2012 GRANT PROGRAM URBAN AREA SECURITY INITIATIVE FOR THE PURCHASE OF EQUIPMENT FOR THE REGIONAL TECHNICAL RESCUE TEAM, CBRN DETECTION MAINTENANCE AGREEMENTS, AND FOR THE MAINTENANCE AND ADMINISTRATION OF THE GRANT IN THE AMOUNT OF TWO HUNDRED EIGHTY-EIGHT THOUSAND FIFTY-TWO AND NO/100 DOLLARS ($288,052.00); AUTHORIZING THE CITY MANAGER TO TAKE FURTHER ACTION TO SECURE THE GRANTS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

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

Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the City Manager to accept the Sub-Recipient Award from the Texas Department of Public Safety for the Federal Homeland Security FY2012 Grant Program Urban Area Security Initiative for the purchase of equipment for the Regional Technical Rescue Team, CBRN Detection Maintenance Agreements, and for the Maintenance and Administration of the grant in the amount of TWO HUNDRED EIGHTY-EIGHT THOUSAND FIFTY- TWO AND NO/100 DOLLARS ($288,052.00).

Section 2: That the City Manager of the City of Baytown is hereby authorized to take further action to secure the grant.

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

INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 25th day of October, 2012.

______STEPHEN H. DONCARLOS, Mayor ATTEST:

______LETICIA BRYSCH, City Clerk

APPROVED AS TO FORM:

______IGNACIO RAMIREZ, SR., City Attorney

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BAYTOWN CITY COUNCIL MEETING 9. a. Meeting Date: 10/25/2012 Subject: Present Community Events and Updates - City Management. Prepared for: Robert D. Leiper Prepared by: Leticia Brysch, City Clerk's Office

Information ITEM The City Manager will present information regarding community events and updates, such as: The Habitat for Humanity Dedication Ceremony, Saturday, October 27, 2012, at 4:00 p.m. at 403 Alva Street, Veteran's Day Event, Sunday, November 11, 2012, at 11:00 a.m. at the Veteran's Memorial Plaza, Early Voting by Personal Appearance runs from Monday, October 22, through Friday, November 2, 2012, and Baytown Trade Days, Saturday, November 3, 2012, on Texas Ave., between Pruett and Commerce Streets from 11:00 a.m. to 6:00 p.m.

PREFACE 1. The City of Baytown staff participated in helping build a new home for a deserving Baytown family. You are invited to see the 36th home dedicated and turned over to the Bright Family on Saturday, October 27, 2012 at 4:00 p.m. at 403 Alva Street. 2. The Annual Veterans Day Service will be held at the Veteran's Memorial Plaza located at Bicentennial Park, 1001 Market Street, on Sunday, November 11, 2012, at 11:00 a.m. In the event of bad weather, the Service will be moved to the Community Center, 2407 Market Street, same time and date. 3. Early Voting by Personal Appearance runs from Monday, October 22, 2012, through Friday, November 2, 2012. See attached flyer for more information. 4. Baytown Trade Days is a fun family-oriented event with games and activities for all ages, a variety of gift and food vendors, along with live musical performances throughout the day. It will occur on Saturday, November, 3, 2012, on Texas Ave., between Pruett and Commerce Streets from 11:00a.m. to 6:00 p.m.

RECOMMENDATION

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

EARLY VOTING BY PERSONAL APPEARANCE CITY OF BAYTOWN NOVEMBER 6, 2012, SPECIAL ELECTION

Harris County registered voters can vote at the Baytown Community Center, Tejas Room, 2407 Market Street, Baytown, 77520. The early voting office hours are as follows: Monday, October 22 – Friday, October 26 8:00 a.m. - 4:30 p.m. Saturday, October 27 7:00 a.m. - 7:00 p.m. Sunday, October 28 1:00 p.m. - 6:00 p.m. Monday, October 29 – Friday, November 2 7:00 a.m. - 7:00 p.m.

Chamber County registered voters can vote at the Chambers County Community Building–Cedar Bayou Annex, 7711 Highway 146, Baytown, Texas, 77523. The early voting office hours are as follows:

Monday, October 22 – Friday, October 26 7:00 a.m. - 7:00 p.m. Monday, October 29 – Friday, November 2 7:00 a.m. - 7:00 p.m.