CITY COUNCIL REGULAR MEETING THURSDAY, JUNE 12, :30 P.M. CITY COUNCIL CHAMBER 2401 MARKET STREET BAYTOWN, TEXAS AGENDA

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1 CITY OF BAYTOWN NOTICE OF MEETING CITY COUNCIL REGULAR MEETING THURSDAY, JUNE 12, :30 P.M. CITY COUNCIL CHAMBER 2401 MARKET STREET BAYTOWN, TEXAS AGENDA CALL TO ORDER AND ANNOUNCEMENT OF QUORUM PLEDGE AND INVOCATION Council Member Robert C. Hoskins, District No. Five 1. MINUTES a. Consider approving the minutes of the City Council Regular Meeting held on May 08, SPECIAL USE PERMIT FOR RECREATIONAL VEHICLE RESORT a. Conduct a public hearing concerning the granting of a special use permit for a recreational vehicle resort at 6415 SH 146, legally described as Abstract 2, Tracts 19-1 & 19-2, Jacob Armstrong Survey, Chambers County, Texas, being approximately 26.0 acres of land located approximately 400 feet south of Staples Drive, west of SH 146 and east of Cedar Bayou. b. Consider an ordinance concerning the granting of a special use permit for a recreational vehicle resort at 6415 SH 146, legally described as Abstract 2, Tracts 19-1 & 19-2, Jacob Armstrong Survey, Chambers County, Texas, being approximately 26.0 acres of land located approximately 400 feet south of Staples Drive, west of SH 146 and east of Cedar Bayou. 3. PROPOSED ORDINANCES a. Consider an ordinance authorizing a Cost-Sharing Agreement with Chambers County for the realignment of State Highway 146 and the feeder road of Interstate 10, Baytown, Texas.

2 b. Consider authorizing an Economic Development Agreement under Chapter 380 of the Texas Local Gov t Code to provide economic incentives for the development of a hotel with conference facilities project on Garth north of I-10 c. Consider an ordinance amending Section (4)(a) of the Code of Ordinances, Baytown, Texas, pertaining to admissions to Pirates Bay Water Park only in order to restrict the reduced fee for admissions to after 4:00 p.m., Mondays through Thursdays, excluding holidays. 4. PROPOSED RESOLUTIONS a. Consider a resolution authorizing the City to submit a grant application to The Junior League of Houston's Community Assistance Grant Program. 5. REPORTS a. Receive a report regarding proposed improvements to the Baytown Bicentennial Park and Veterans Memorial Plaza. 6. DISCUSSIONS a. Discuss the creation of a Neighborhood Empowerment Zone Program. 7. CONSENT All Consent Agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. a. Consider an ordinance authorizing the closeout and acceptance of the Fire Training Facility Project Phase I and the final payment and release of retainage to Cox Commercial Construction LLC. b. Consider an ordinance authorizing Change Order No. 1 for the Annual Concrete Work Contract with Teamwork Construction Services, Inc. c. Consider an ordinance authorizing a Microsoft Enterprise Agreement with SHI/Government Solutions, Inc., for the use of the software on city servers. d. Consider an ordinance amending Chapter 34 "Environment," Article V "Hazardous Substances, Liquids and Gas Pipelines," Division 2 "Permit and Registration," Section "Fees" of the Code of Ordinances, Baytown, Texas, to increase the permit application and renewal fees. e. Consider an ordinance authorizing the sale of the property located at 607 S. Burnet to Ronnie Wallace. 2 of 3

3 f. Consider an ordinance authorizing the refinancing of the energy savings conservation project which was engineered, designed, constructed and commissioned by Johnson Controls, Inc. (ESCO) for the City of Baytown pursuant to an Energy Performance Contract dated October 28, MANAGER'S REPORT Notice is hereby given in accordance with Section of the Texas Government Code, the City Council of the City of Baytown may receive a report about items of community interest from City staff and/or a member of the City Council, but no action or possible action shall be taken or discussed concerning the subject of such report, except as provided by Section of the Texas Government Code. 9. ADJOURN PUBLIC NOTICE IS GIVEN THAT IN ADDITION TO ANY EXECUTIVE SESSION LISTED ABOVE, THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION AT ANY TIME AS AUTHORIZED BY THE TEXAS GOVERNMENT CODE SECTIONS TO DISCUSS ANY OF THE MATTERS LISTED ABOVE. THE CITY OF BAYTOWN IS COMMITTED TO COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT. REASONABLE ACCOMMODATIONS AND EQUAL ACCESS TO COMMUNICATIONS WILL BE PROVIDED UPON REQUEST. FOR ASSISTANCE PLEASE CALL , FAX , OR CONTACT VIA RELAY TEXAS AT 711 OR FOR TYY SERVICES. FOR MORE INFORMATION CONCERNING RELAY TEXAS, PLEASE VISIT: Approved for posting: Robert D. Leiper, City Manager Posted this 9th day of June, 2014, at 5:00 P.M. Posted by: Leticia Brysch, City Clerk (SEAL) 3 of 3

4 BAYTOWN CITY COUNCIL MEETING 1. a. Meeting Date: 06/12/2014 Subject: Consider Approving the Minutes of the City Council Regular Meeting held on May 08, Prepared for: Leticia Brysch, City Clerk's Office Prepared by: Omega Jones, City Clerk's Office Department: City Clerk's Office Information ITEM Consider approving the minutes of the City Council Regular Meeting held on May 08, PREFACE Consider approving the minutes of the City Council Regular Meeting held on May 08, RECOMMENDATION Staff recommends approval. Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact Fiscal Impact (Additional Information): There is no fiscal impact associated with this item. CC May 8th Minutes - Draft Attachments

5 D R A F T MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN May 08, 2014 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, May 08, 2014, at 6:30 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Brandon Capetillo Robert Hoskins Chris Presley Mercedes Renteria Terry Sain David McCartney Robert D. Leiper Ron Bottoms Kevin Troller Ignacio Ramirez Leticia Brysch Keith Dougherty Council Member Council Member Council Member Council Member Council Member Mayor Pro Tem City Manager Deputy City Manager Assistant City Manager City Attorney City Clerk Sergeant at Arms Mayor Pro Tem McCartney convened the May 08, 2014, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present with the exception of Mayor Stephen DonCarlos who was absent. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Capetillo. 1. MINUTES a. Consider approving the minutes of the City Council Regular Meeting held on April 10, A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Brandon Capetillo approving the April 10, 2014, City Council Regular Meeting minutes. The vote was as follows: Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None

6 City Council Regular Meeting Minutes May 08, 2014 Page 2 of 20 Other: Mayor Stephen DonCarlos (Absent) Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Present a Proclamation designating May 18-24, 2014, as National Emergency Medical Services Week. Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor Pro Tem McCartney presented to Dana Dalbey a proclamation designating May 18-24, 2014, as National Emergency Medical Services Week. b. Present a Proclamation designating May 18-24, 2014, as National Public Works Week. Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor Pro Tem McCartney presented to Paul Batenhorst and Latanya Henderson a proclamation designating May 18-24, 2014, as National Public Works Week. c. Present a proclamation declaring the month of May 2014, as Hurricane Preparedness Month in Baytown, Texas. Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor Pro Tem McCartney presented to Bill Vola a proclamation declaring the month of May 2014, as Hurricane Preparedness Month in Baytown, Texas. d. Present the 3rd and 4th of July Celebration schedule and entertainment for Scott Johnson, Director of Parks and Recreation, presented the agenda item and stated that this year's event will begin at 6:00 P.M., Thursday, July 3rd; with Houston area band "4 Barrel Ramblers" followed by the headliner for the evening, rock and roll legend Kansas, taking stage at 8:00 P.M. He further stated that Baytonian "Ryan Guidry" will perform between the acts. Mr. Johnson stated that on July 4th, the annual heat wave and run will start at 7:00 A.M. and the opening of the vendor booths will begin at 5:00 P.M. followed by the Annual 4th of July Parade at 5:30 P.M. He stated that local musician "Breelan Angel" will kick off the July 4th entertainment at 6:00 P.M. followed by this year s headliner, country music stars, Montgomery Gentry, taking stage at 8:00 P.M. and the annual fireworks extravaganza at 9:30 P.M. 3. REZONING AND SPECIAL USE PERMIT FOR 0, 4210 AND 4318 NORTH HIGHWAY 146, APPROXIMATELY 18.3 ACRES OF LAND a. Conduct a public hearing concerning a proposed amendment to the official zoning map for properties being legally described as Tracts 3, 4, 5, and 6 out of the C Smith Survey, Abstract No. 69, Harris County, Texas, of approximately 18.3 acres of land located

7 City Council Regular Meeting Minutes May 08, 2014 Page 3 of 20 at 0, 4210 and 4318 North Highway 146 and approximately 1000 feet south of Massey Tompkins on the east side of SH 146 and the west side of Cedar Bayou, from Mixed Use (MU) District to Heavy Industrial (HI) and Light Industrial (LI) Districts. At 6:45 P.M., Mayor Pro Tem McCartney opened and conducted a public hearing concerning a proposed amendment to the official zoning map for properties being legally described as Tracts 3, 4, 5, and 6 out of the C Smith Survey, Abstract No. 69, Harris County, Texas, of approximately 18.3 acres of land located at 0, 4210 and 4318 North Highway 146 and approximately 1000 feet south of Massey Tompkins on the east side of SH 146 and the west side of Cedar Bayou, from Mixed Use (MU) District to Heavy Industrial (HI) and Light Industrial (LI) Districts. City Manager Leiper stated that this public hearing is concerning an application to rezone approximately 18.3 acres of land from Mixed Use (MU) District to approximately 9.6 acres of HI and approximately 8.7 acres of LI to construct a concrete batch plant. He stated that the property is currently flanked by zoning uses of MU to the north and HI to the south. He further stated that in addition to this application, the applicant is requesting to amend the Future Land Use Plan and approval of a Special Use Permit (SUP) for the heavy industrial use. He stated that the Planning and Zoning Commission held public hearings on March 18th and April 15th and on April 15, 2014, voted to recommend approval of the proposed zoning amendment from MU to LI and HI. Jonathan Groves stated that he's the owner of the property requesting to be rezoned and registered to speak regarding agenda item 3.a. to answer any questions regarding this property. Council Member Hoskins inquired if there was an intended use for the waterfront property on Cedar Bayou. Mr. Groves stated that the reason the property was purchased was to be able to bring barges in for materials. He stated that he's proposing to bring in two (2) barges per month on the Cedar Bayou side to the dock that was used in Mr. Groves stated that they chose this route due to the congestion of trucks on Highway 146 and that using the barge would eliminate some of the congestion because one (1) barge load represents about 160 trucks. He stated that the barge will be docked and loaded for a five (5) to six (6) hour period in a months time. He further stated that the materials would then be transferred to the concrete plant. Council Member Hoskins inquired if the materials were allowed to be stored in the setback area. Nathan Dietrich, Senior Planning Manager stated that within the 200 foot watershed protection area there is an allowance for certain types of materials to be placed there, which would be determined by the permit that's submitted at the time of the request and also at the discretion of the City's Engineer. Council Member Hoskins inquired if barge materials were allowed to dock in the water protection zone. Mr. Dietrich stated that there are allowances for certain driveways for things to travel within the watershed protection zones. City Manager Leiper stated that Mr. Groves stated that the dock to be used is pre-existing and staff requested documentation to support that, but that a brand new barge dock would not be allowed in the watershed protection zone and further stated that this zoning is to allow this type of use of a concrete batch plant.

8 City Council Regular Meeting Minutes May 08, 2014 Page 4 of 20 During further discussion, Council Member Hoskins inquired about the use of the remaining parts of the property. Mr. Groves stated that the remaining property will be pasture and is not going to be used. Council Member Capetillo inquired of the hours of operation for offloading the barge. Mr. Groves stated that they would work from dawn to dusk. Council Member Presley asked Mr. Groves if the concrete plant would be done even if the barge dock wasn't approved. Mr. Groves stated that although there is other ways to bringing the materials in, the barge is the key factor to purchasing the property considering the operations cost and traffic wise. City Manager Leiper stated that if the barge can be documented as being pre-existing, there is a traffic benefit to Highway 146. Council Member Sain inquired of the weekly work hours. Mr. Groves stated that the hours would be six days a week, but his intent is to work during the week. During further discussion, Council Member Hoskins inquired as to what would be serviced at the concrete plant. Mr. Groves stated that his intent is to service small truckloads of concrete. At 7:02 P.M., Mayor Pro Tem McCartney closed the public hearing. b. Conduct a public hearing concerning the proposed amendments to the Baytown 2025 Comprehensive Plan to update the Future Land Use Plan concerning the proposed future land use of a Concrete Batch Mixer to be located at 0, 4210 and 4318 North Highway 146 and approximately 1000 feet south of Massey Tompkins on the east side of SH 146 and the west side of Cedar Bayou. At 7:04 P.M., Mayor Pro Tem McCartney opened and conducted a public hearing concerning the proposed amendments to the Baytown 2025 Comprehensive Plan to update the Future Land Use Plan concerning the proposed future land use of a Concrete Batch Mixer to be located at 0, 4210 and 4318 North Highway 146 and approximately 1000 feet south of Massey Tompkins on the east side of SH 146 and the west side of Cedar Bayou. City Manager Leiper stated that the Future Land Use Plan is intended to guide development and influence policy in order to achieve the goals of the community as expressed in the Comprehensive Plan. He stated that it provides the City with a rational basis for future zoning decisions and that this amendment requested a change to the land area east of SH 146 near Massey Tompkins from Business Park and Commercial Corridor to an Industrial use which is necessary to support the rezoning from mixed use to LI and HI. He stated that this would result in the break of the commercial use along the east side of SH 146, while keeping the commercial corridor to the south and business park to the north. Additionally, he stated that current zoning land use districts in this area are designated as Mixed Use, Heavy Industrial, and General Commercial; however, the vision for the area includes commercial adjacent to the SH 146, business park, and low to medium density residential. With there being no one registered to speak, Mayor Pro Tem McCartney closed the public hearing at 7:06 P.M.

9 City Council Regular Meeting Minutes May 08, 2014 Page 5 of 20 c. Consider an ordinance to amend the Baytown 2025 Comprehensive Plan to update the Future Land Use Plan concerning the proposed future land use of a Concrete Batch Mixer to be located at 0, 4210 and 4318 North Highway 146 and approximately 1000 feet south of Massey Tompkins on the east side of SH 146 and the west side of Cedar Bayou. City Manager Leiper presented the agenda item and stated that Ordinance No. 12,534 requests a change to the land area east of SH 146 near Massey Tompkins from Business Park and Commercial Corridor to an Industrial use. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Terry Sain approving Ordinance No. 12,534. By a show of raising their right hands the vote was as follows: Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Mayor Stephen DonCarlos (Absent) Approved ORDINANCE NO. 12,534 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE BAYTOWN 2025 COMPREHENSIVE PLAN TO UPDATE THE FUTURE LAND USE PLAN MAP; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance rezoning the properties being legally described as Tracts 3, 4, 5, and 6 out of the C Smith Survey, Abstract No. 69, Harris County, Texas of approximately 18.3 acres of land located at 0, 4210 and 4318 North Highway 146 and approximately 1000 feet south of Massey Tompkins on the east side of SH 146 and the west side of Cedar Bayou from Mixed Use (MU) to Heavy and Light Industrial (HI and LI) Districts. City Manager Leiper presented the agenda item and stated that Ordinance No. 12,535 rezones approximately 18.3 acres of land from Mixed Use (MU) District to approximately 9.6 acres of HI and approximately 8.7 acres of LI to construct a concrete batch mixer. He stated that the property is currently flanked by zoning uses of MU to the north and HI to the south. Additionally, he stated that on April 15, 2014, the Planning and Zoning Commission voted to recommend approval of the proposed zoning amendment from MU to LI and HI.

10 City Council Regular Meeting Minutes May 08, 2014 Page 6 of 20 A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Chris Presley approving Ordinance No. 12,535. By a show of raising their right hands the vote was as follows: Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Mayor Stephen DonCarlos (Absent) Approved ORDINANCE NO. 12,535 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO REZONE APPROXIMATELY 18.3 ACRES LEGALLY DESCRIBED AS TRACTS 3, 4, 5, AND 6 OUT OF THE C SMITH SURVEY, ABSTRACT NO. 69, HARRIS COUNTY, TEXAS, LOCATED AT 0, 4210 AND 4318 NORTH HIGHWAY 146 AND APPROXIMATELY 1000 FEET SOUTH OF MASSEY TOMPKINS ON THE EAST SIDE OF SH 146 AND THE WEST SIDE OF CEDAR BAYOU, FROM A MIXED USE (MU) DISTRICT TO HEAVY AND LIGHT INDUSTRIAL (HI AND LI) DISTRICTS; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. e. Conduct a public hearing concerning the granting of a special use permit for Heavy Industrial (HI) use for properties being legally described as Tracts 3, 4, 5, and 6 out of the C Smith Survey, Abstract No. 69, Harris County, Texas of approximately 18.3 acres of land located at 0, 4210 and 4318 North Highway 146 and approximately 1000 feet south of Massey Tompkins on the east side of SH 146 and the west side of Cedar Bayou. At 7:09 P.M., Mayor Pro Tem McCartney opened and conducted a public hearing concerning the granting of a special use permit for Heavy Industrial (HI) use for properties being legally described as Tracts 3, 4, 5, and 6 out of the C Smith Survey, Abstract No. 69, Harris County, Texas of approximately 18.3 acres of land located at 0, 4210 and 4318 North Highway 146 and approximately 1000 feet south of Massey Tompkins on the east side of SH 146 and the west side of Cedar Bayou.

11 City Council Regular Meeting Minutes May 08, 2014 Page 7 of 20 City Manager Leiper stated that this is a public hearing concerning a special use permit (SUP) to allow for a heavy industrial use on a property that was rezoned to HI. He stated that Heavy Industrial zoning and a special use permit are required prior to the issuance of building permits for heavy industrial uses over five (5) acres in size. He stated that the applicant, JCG Real Estate, LLC, proposes to construct a concrete batch mixer on a small portion of the property. He stated in addition to the SUP, the applicant would also have to request a watershed protection zone permit, a permit for TCEQ and depending on the location of structure, a request to build in the floodplain or floodway along Cedar Bayou Stream. He stated that the watershed protection zone permit will be evaluated and issued through the Engineering Department. City Manager Leiper stated that on April 15, 2014, the Planning and Zoning Commission voted to recommend approval of the special use permit with the following conditions: 1. TCEQ permit and all other required state or federal permits need to be submitted to staff to be placed in the file within six months of approval; 2. All concrete batch silos shall be painted a muted earth tone to blend in with the background to avoid visual disruption from adjacent ROW and neighborhoods; 3. No concrete crushing will occur on site at any time during the duration of the special use permit; and 4. Security/access gate(s) shall be located off the public right-of-way but on premise to allow for a minimum stacking of four concrete trucks. With there being no one registered to speak, Mayor Pro Tem McCartney closed the public hearing at 7:12 P.M. f. Consider an ordinance for a special use permit for Heavy Industrial Use for properties being legally described as Tracts 3, 4, 5, and 6 out of the C Smith Survey, Abstract No. 69, Harris County, Texas, of approximately 18.3 acres of land located at 0, 4210 and 4318 North Highway 146 and approximately 1000 feet south of Massey Tompkins on the east side of SH 146 and the west side of Cedar Bayou. City Manager Leiper presented the agenda item and stated that on April 15, 2014, the Planning and Zoning Commission voted to recommend approval of the special use permit with the conditions previously stated in agenda item 3.e. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,536. By a show of raising their right hands the vote was as follows: Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Mayor Stephen DonCarlos (Absent)

12 City Council Regular Meeting Minutes May 08, 2014 Page 8 of 20 Approved ORDINANCE NO. 12,536 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A SPECIAL USE PERMIT TO JCG REAL ESTATE, LLC, TO PLACE AND OPERATE A CONCRETE BATCH MIXER AND ASSOCIATED FACILITIES ON 18.3 ACRES OF LAND LOCATED AT 0, 4210 AND 4318 NORTH HIGHWAY 146 AND BEING APPROXIMATELY 1000 FEET SOUTH OF MASSEY TOMPKINS ON THE EAST SIDE OF SH 146 AND THE WEST SIDE OF CEDAR BAYOU AND LEGALLY DESCRIBED AS TRACTS 3, 4, 5, AND 6 OUT OF THE C SMITH SURVEY, ABSTRACT NO. 69, HARRIS COUNTY, TEXAS; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO SUCH PERMIT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. REZONING OF GOOSE CREEK OIL FIELD a. Conduct a public hearing concerning a proposed amendment to the official zoning map to rezone approximately 1,373 acres of the Goose Creek Oil Field, as defined in the Unified Land Development Code, as a drilling overlay district in Harris County, Texas. At 7:14 P.M., Mayor Pro Tem McCartney opened and conducted a public hearing concerning a proposed amendment to the official zoning map to rezone approximately 1,373 acres of the Goose Creek Oil Field, as defined in the Unified Land Development Code, as a drilling overlay district in Harris County, Texas. City Manager Leiper stated that City Council recently amended the ULDC to create the drilling overlay district (DOD) to allow multiple drill sites within the Goose Creek Oil Field, as defined in the ULDC. He stated that this application proposes to rezone the area as an overlay where new or expanded drilling, oil or gas operations can occur with an approved Chapter 62 permit. He stated that the standards set forth within the DOD will allow for development and improvement to occur as the underlying zoning districts remain to protect from other uses for the property. City Manager Leiper stated that the ULDC regulations, along with the proposed boundaries of the DOD, provide appropriate setbacks and buffers for adjacent uses to ensure compatibility for surrounding areas. He stated that an amendment to the Future Land Use Map's associated narratives will be considered in conjunction with the rezoning application. He further stated that on April 15, 2014, the Planning and Zoning Commission voted to recommend approval of the overlay map. Dwala Cargill, Mike Fiuzat, Kirk Bosche, Ada Herrera, and Reid Wilson all registered to speak before the public hearing regarding agenda item 4.a.

13 City Council Regular Meeting Minutes May 08, 2014 Page 9 of 20 Ms. Cargill requested that monitoring of the drilling be continued to assure that all assurances and promises remain intact. Mr. Fiuzat, President and CEO of Foothills Texas, Inc., stated that he appreciated the hard work of all involved with the amendment process. Mr. Bosche stated that he passed on his opportunity to speak as his colleague, Mr. Fiuzat had already spoken. Ms. Herrera inquired if this would have an impact on her property. City Manager Leiper stated that the overlay district does not cover any residential property. Mr. Wilson stated that the application comply with all of the ULDC requirements. He stated that there is no residential use within this district, there is no use inside this district other than 100 years of oil production, and that all of the setbacks protect the residential and golf courses in the area and of the major thorough fares. He stated that there's going to be no adverse impact on anybody in the area and this DOD is consistent with the proposed changes to the comprehensive plan. Mr. Wilson stated that Foothills tends to follow the best practices to being a good neighbor. At 7:23 P.M., Mayor Pro Tem McCartney closed the public hearing. b. Conduct a public hearing regarding proposed amendments to the Baytown 2025 Comprehensive Plan to update the Future Land Use Plan narratives concerning natural resource management (oil and gas), neighborhood protection and economic growth. At 7:25 P.M., Mayor Pro Tem McCartney opened and conducted a public hearing regarding proposed amendments to the Baytown 2025 Comprehensive Plan to update the Future Land Use Plan narratives concerning natural resource management (oil and gas), neighborhood protection and economic growth. City Manager Leiper stated that this proposed amendment to the Baytown 2025 Comprehensive Plan adds policy language to the Future Land Use Plan narratives supporting drilling, oil or gas operations to be included in all areas appropriately zoned for economic development and neighborhood protection as a drilling overlay. He stated that on April 15, 2014, the Planning and Zoning Commission voted to recommend approval of the proposed amendment to the Future Land Use Plan narratives. With there being no one registered to speak, Mayor Pro Tem McCartney closed the public hearing at 7:26 P.M. c. Consider an ordinance amending the Baytown 2025 Comprehensive Plan to update the Future Land Use Plan narratives concerning natural resource management (oil and gas), neighborhood protection and economic growth.

14 City Council Regular Meeting Minutes May 08, 2014 Page 10 of 20 A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,537. By a show of raising their right hands the vote was as follows: Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Mayor Stephen DonCarlos (Absent) Approved ORDINANCE NO. 12,537 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE BAYTOWN 2025 COMPREHENSIVE PLAN TO UPDATE THE FUTURE LAND USE PLAN NARRATIVES CONCERNING NATURAL RESOURCE MANAGEMENT (OIL AND GAS), NEIGHBORHOOD PROTECTION AND ECONOMIC GROWTH; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance rezoning approximately 1,373 acres of the Goose Creek Oil Field, as defined in the Unified Land Development Code, as a drilling overlay district in Harris County, Texas. A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,538. By a show of raising their right hands the vote was as follows: Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Mayor Stephen DonCarlos (Absent) Approved ORDINANCE NO. 12,538 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO REZONE APPROXIMATELY 1,373 ACRES OF THE GOOSE

15 City Council Regular Meeting Minutes May 08, 2014 Page 11 of 20 CREEK OIL FIELD, AS DEFINED IN THE UNIFIED LAND DEVELOPMENT CODE, AS A DRILLING OVERLAY DISTRICT ( DOD ); PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 5. REZONING OF 0 SCHILLING AVENUE a. Conduct a public hearing concerning a proposed amendment to the official zoning map for the property located at 0 Schilling Ave, Lot 2, Block 8, in Morrell Park Section 1 Subdivision, Harris County, Texas, from a Mixed Residential Low to Medium Densities (SF2) District to a General Commercial (GC) District. At 7:29 P.M., Mayor Pro Tem McCartney opened and conducted a public hearing concerning a proposed amendment to the official zoning map for the property located at 0 Schilling Ave, Lot 2, Block 8, in Morrell Park Section 1 Subdivision, Harris County, Texas, from a Mixed Residential Low to Medium Densities (SF2) District to a General Commercial (GC) District. City Manager Leiper stated that currently, a business exists on two lots located at the southeast corner of Garth Road and Schilling Avenue. He stated that one lot is zoned GC and the other SF2, but that the single commercial building is built across the property lines of those two lots. He stated that the lot that fronts along Garth Road is zoned GC and the adjacent lot is zoned SF2. He further stated that during the "remapping" process for the ULDC, the subject (back) lot was incorrectly zoned SF2, therefore, this is a city-sponsored zoning amendment application to correct the zoning on the lot that was mistakenly zoned SF2. He stated that on April 15, 2014, the Planning and Zoning Commission voted to recommend approval of the proposed zoning amendment from SF2 to GC. With there being no one registered to speak, Mayor Pro Tem McCartney closed the public hearing at 7:31 P.M. b. Consider an ordinance rezoning the property located at 0 Schilling Ave, Lot 2, Block 8, in Morrell Park Section 1 Subdivision, Harris County, Texas, from a Mixed Residential Low to Medium Densities (SF2) District to a General Commercial (GC) District. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Chris Presley approving Ordinance No. 12,539. By a show of raising their right hands the vote was as follows: Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None

16 City Council Regular Meeting Minutes May 08, 2014 Page 12 of 20 Other: Mayor Stephen DonCarlos (Absent) Approved ORDINANCE NO. 12,539 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO REZONE PROPERTY LOCATED AT 0 SCHILLING AVE, BEING LEGALLY DESCRIBED AS LOT 2, BLOCK 8, MORRELL PARK SECTION 1 SUBDIVISION, HARRIS COUNTY, TEXAS, FROM A MIXED RESIDENTIAL AT LOW TO MEDIUM DENSITIES (SF2) DISTRICT TO A GENERAL COMMERCIAL (GC) DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 6. REZONING OF 719 SCHILLING AVENUE a. Conduct a public hearing concerning a proposed amendment to the official zoning map for the property located at 719 Schilling Ave, Lot 3, Block 8 in Morrell Park Subdivision, Harris County, Texas, from a Mixed Residential Low to Medium Densities (SF2) District to a Neighborhood Serving Commercial (NSC) District. At 7:33 P.M., Mayor Pro Tem McCartney opened and conducted a public hearing concerning a proposed amendment to the official zoning map for the property located at 719 Schilling Ave, Lot 3, Block 8 in Morrell Park Subdivision, Harris County, Texas, from a Mixed Residential Low to Medium Densities (SF2) District to a Neighborhood Serving Commercial (NSC) District. City Manager Leiper stated that currently, this property is a vacant residential structure within a SF2 zoning district and is adjacent to an occupied residential structure zoned SF2 on the east side. He stated that of is also adjacent to the commercial structure in the previous item, 0 Schilling, on the west side, which is being rezoned from SF2 to GC. He stated that if this zoning amendment is approved, the applicant would still need to request a commercial building permit before a commercial use would be approved. He stated that any commercial building permit would need to adhere to all code requirements for a commercial development within a NSC district including, but not limited to, parking, setbacks, maximum percent of lot coverage, masonry, architectural, and landscape requirements. City Manager Leiper stated that the property is approximately acres and, if rezoned, would not be adjacent to or near any other property zoned NSC. He stated that this property was purchased after it was zoned SF2, and for that reason staff is not in favor of the amendment. He further stated that the Planning and Zoning Commission voted to recommend approval of the proposed zoning amendment from SF2 to NSC.

17 Mike Beard and Sally Garcia both registered to speak regarding agenda item 6.a. City Council Regular Meeting Minutes May 08, 2014 Page 13 of 20 Mr. Beard stated that he urges Council to vote against this amendment to preserve the older neighborhoods to their original design. Ms. Garcia stated that she was speaking behalf of the applicant, Ms. Sanchez who decided to purchase the property on April 2nd. She stated that the ordinance was changed on April 30th and Ms. Sanchez's contract was approved to purchase the property on May 2nd. Ms. Garcia stated that Ms. Sanchez started her application to purchase the property for a small boutique on April 8th. Ms. Garcia stated that the property in question is located near current commercial properties. At 7:42 P.M., Mayor Pro Tem McCartney closed the public hearing. b. Consider an ordinance rezoning the property located at 719 Schilling Ave, Lot 3, Block 8 in Morrell Park Subdivision, Harris County, Texas, from a Mixed Residential Low to Medium Densities (SF2) District to a Neighborhood Serving Commercial (NSC) District. City Manager Leiper presented the agenda item and stated that the recommendation is for disapproval of this ordinance. Mr. Nathan Dietrich, Senior Planning Manager stated that around the time that Ms. Sanchez purchased the property was around the same time when the ULDC was adopted and beforehand the property was zoned mixed use, in which at that particular time this use would have been allowed in the mixed use district. He further stated that with the rezoning, this is no longer an allowable use. City Manager Leiper stated that Ms. Sanchez closed on the property after the zoning was in effect as a vacant single family home. He stated that the fact that you purchase a home in an area zoned mixed use does not grandfather to develop a business in it. City Manager Leiper stated that if Ms. Sanchez had started the City's process to build a business at the proposed location, the property would have been grandfathered in. Mike Beard registered to speak regarding agenda item 6.b. and stated that the planning and zoning commission worked hard to start allowing residential subdivisions remain subdivisions. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Chris Presley for the approval of rezoning the property at 719 Schiling Avenue from SF2 to NSC district. By a show of raising their right hands the vote was as follows: Ayes: Mayor Pro Tem David McCartney, Council Member Mercedes Renteria III, Council Member Chris Presley Nays: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member Terry Sain Other: Mayor Stephen DonCarlos (Absent) The item failed.

18 City Council Regular Meeting Minutes May 08, 2014 Page 14 of AMENDMENTS TO LAND USE ASSUMPTIONS, CAPITAL IMPROVEMENTS PLAN AND MAXIMUM ALLOWABLE WATER AND WASTEWATER IMPACT FEES a. Conduct a public hearing regarding amendments to the land use assumptions, the capital improvements plan, and the maximum allowable water and wastewater impact fees. At 8:04 P.M., Mayor Pro Tem McCartney opened and conducted a public hearing regarding amendments to the land use assumptions, the capital improvements plan, and the maximum allowable water and wastewater impact fees. City Manager Leiper stated that this public hearing is being conducted in compliance with Chapter 395, Subchapter C of the Texas Local Government Code. He stated that he amendments to the land use assumptions and the capital improvements plan, including the amount of the proposed amended maximum allowable impact fee per service unit, was available to the public prior to the publication of the notice. He further stated that notice of this hearing was given in compliance with law and was published in The Baytown Sun on Sunday, April 06, City Manager Leiper stated that the City of Baytown's most recent amendments to its land use assumptions, CIP and impact fees were adopted in He stated that State law requires municipalities to update and amend their land use assumptions, CIP and impact fees at least every five years. He further stated that staff felt that it was advantageous to amend the plan to add additional projects, because when impact fees are collected, the funds of the impact fees can only be used on projects listed on the capital improvement plan. He stated that on March 27, 2014, the City Council received the update of the land use assumptions, capital improvements plan, and impact fees, determined to amend the plan and set a public hearing for May 08, He further stated that the Planning and Zoning Commission, acting in its authority as the Capital Improvements Advisory Committee, met and reviewed the amendments to the land use assumptions, capital improvements plan and impact fees on March 18, He stated that thereafter, the Commission filed its written comments which were given to Council at the last meeting. City Manager Leiper stated that this proposed update to the land use assumptions, the CIP, and the maximum allowable water and waste-water impact fees determined that the maximum allowable fees are $1, for water and $2, for wastewater per equivalent dwelling unit. He stated that the ordinance in agenda item 7.b., while setting those maximums retains the impact fees at the level it was established when originally adopted in 2004 which is $ for water and $1, for wastewater. Additionally, he stated that this rate was adopted at this level in 2004 and staff amended the CIP and maximum allowable impact fees, but have not changed the actual impact fees in 2006, 2010, and With there being no one registered to speak, Mayor Pro Tem McCartney closed the public hearing at 8:07 P.M.

19 City Council Regular Meeting Minutes May 08, 2014 Page 15 of 20 b. Consider an ordinance approving amendments to the land use assumptions, the capital improvements plan, and the maximum allowable water and wastewater impact fees. City Manager Leiper stated for clarification, that the approval sets the maximum water impact fee at $1, and the maximum wastewater impact fee at $2, in accordance with state law, but does not change the impact fee charge of $ for water and $1, for wastewater. A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,540. The vote was as follows: Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Mayor Stephen DonCarlos (Absent) Approved ORDINANCE NO. 12,540 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE AMENDMENTS OF THE LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN AND AMENDING CHAPTER 114 SEWER AND WATER LINE EXTENSIONS, ARTICLE IV IMPACT FEES, SECTION IMPACT FEES; GENERALLY, SUBSECTION (B) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO AMEND THE MAXIMUM IMPACT FEE PER SERVICE UNIT THAT CAN BE ASSESSED AGAINST NEW DEVELOPMENT FOR WATER AND WASTEWATER IMPROVEMENTS AND FACILITIES ATTRIBUTABLE TO THE DEVELOPMENT PURSUANT TO CHAPTER 395 OF THE TEXAS LOCAL GOVERNMENT CODE; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 8. PROPOSED ORDINANCES City Manager Leiper stated that both agenda items 8.a. and 8.b. would be considered together. a. Consider an ordinance authorizing the First Amendment to the Interlocal Agreement for a Street, Utilities, and Lift Station associated with the New Elementary School next to Victoria Walker Elementary School with the Goose Creek Consolidated Independent School District.

20 City Council Regular Meeting Minutes May 08, 2014 Page 16 of 20 b. Consider an ordinance awarding a construction contract to Angel Brothers Enterprises, LTD, for the Eastpoint Blvd. Realignment and Lift Station Replacement Project, contingent upon Goose Creek Consolidated Independent School District's approval of an amendment to an interlocal agreement related to the funding of this project. City Manager Leiper presented the agenda items and stated that the District and the City entered into the Interlocal Agreement, under which the District engaged a design professional for design, bidding and construction phase services for certain street, sidewalk, utilities and lift station improvements and assigned such agreement to the City. He stated that the design has been finished and bids have been submitted, but the description of expenses contained in the bid document and the description contained in the Interlocal Agreement do not match precisely, as design was not completed at the time the District and the City entered into the Interlocal Agreement. He further stated that this amendment is to match the costs with the line items as originally contemplated in the Interlocal Agreement. City Manager Leiper stated that agenda item 8.b. is the actual construction contract, which is contingent upon Goose Creek approval and recommended that both agenda items 8.a. and 8.b. be considered together. Council Member Capetillo requested clarity if there will be a discussion regarding the Eastpoint Boulevard connection segment. City Manager Leiper stated that it is not funded or designed to have a public meeting to discuss the resident s opinion on connecting the two subdivisions. A motion was made by Council Member Chris Presley and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,541. The vote was as follows: Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Mayor Stephen DonCarlos (Absent) Approved ORDINANCE NO. 12,541 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT FOR A STREET, UTILITIES, AND LIFT STATION ASSOCIATED WITH THE NEW ELEMENTARY SCHOOL NEXT TO VICTORIA WALKER ELEMENTARY SCHOOL WITH THE GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

21 City Council Regular Meeting Minutes May 08, 2014 Page 17 of 20 ORDINANCE NO. 12,542 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH ANGEL BROTHERS ENTERPRISES, LTD, FOR THE EASTPOINT BLVD. REALIGNMENT AND LIFT STATION REPLACEMENT PROJECT, CONTINGENT UPON GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT'S APPROVAL OF AN AMENDMENT TO AN INTERLOCAL AGREEMENT RELATED TO THE FUNDING OF THIS PROJECT; AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED TWO MILLION FOUR HUNDRED SIXTY-TWO THOUSAND THREE HUNDRED TWENTY-TWO AND NO/100 DOLLARS ($2,462,322.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 9. DISCUSSIONS a. Discuss closing Lobit at N. Main and establishing a Downtown Railroad Quiet Zone. Deputy City Manager Bottoms presented the agenda item and stated there's been discussion of creating a quiet zone in the downtown area of Baytown. He stated that the recent acquisition of a key piece of property at N. Main and Lobit has opened the door to formally pursue the quiet zone designation with the railroad from Gulf to Fayle. He stated that according to risk analysis calculations, the City meets the threshold for obtaining the quiet zone designation based on closing Lobit at N. Main and installing crossing guards on N. Main at Lobit. City Manager Leiper stated that in order to apply for the quiet zone, Council must pass the ordinance to close Lobit. He stated that Lobit will not be closed until the quiet zone is approved. During further discussion, Council Member Renteria recommended that when determining a street closure that there be much consideration of the impact on the neighborhood in regards to traffic, due to a past street closure results. Mayor Pro Tem McCartney stated that the direction from Council was to move forward with the street closure. 10. CONSENT A motion was made by Council Member Chris Presley and seconded by Council Member Brandon Capetillo approving consent agenda items 10.a. and 10.b. The vote was as follows: Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley

22 City Council Regular Meeting Minutes May 08, 2014 Page 18 of 20 Nays: None Other: Mayor Stephen DonCarlos (Absent) Approved a. Consider a proposed ordinance granting a pipeline permit to Exxon Mobil Corporation. ORDINANCE NO. 12,543 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A PIPELINE PERMIT TO EXXON MOBIL CORPORATION TO INSTALL ONE NEW TEN-INCH PIPELINE; 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. b. Consider an ordinance authorizing the sole source purchase of Neptune water meters, parts, and supplies for meter maintenance from HD Supply Waterworks, Ltd. ORDINANCE NO. 12,544 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF FOUR HUNDRED FORTY-ONE THOUSAND AND NO/100 DOLLARS ($441,000.00) TO HD SUPPLY WATERWORKS, LTD., FOR THE PURCHASE OF NEPTUNE WATER METERS, PARTS AND SUPPLIES FOR METER MAINTENANCE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 11. APPOINTMENTS a. Consider an appointment to fill one (1) vacancy to the Tow Truck Committee. City Manager Leiper presented the agenda item to consider an appointment to fill one (1) vacancy to the Tow Truck Committee. He stated that there is currently one (1) Citizen At-Large vacancy on this committee to fill Mr. Porter Flewellen's position; he submitted his resignation on April 08, He stated that there are two applications on file for this position: Mr. Agustin Loredo's and Mr. Jerry Yarbrough's. He further stated that should one of the applicants be appointed, they would complete Mr. Flewellen's unexpired term, which is set to expire on March 31, Council Member Hoskins nominated Mr. Agustin Loredo to fill the appointment to the Tow Truck Committee.

23 City Council Regular Meeting Minutes May 08, 2014 Page 19 of 20 A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Terry Sain approving the appointment of Agustin Loredo to the Tow Truck Committee. The vote was as follows: Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Mayor Stephen DonCarlos (Absent) Approved b. Receive the Mayor's appointment of one (1) representative to the 2014 Technical Advisory Committee. City Manager Leiper presented the agenda item to receive the Mayor's appointment of Tiffany Foster to the 2014 Technical Advisory Committee. A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving the appointment of Tiffany Foster to the 2014 Technical Advisory Committee. The vote was as follows: Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Mayor Stephen DonCarlos (Absent) Approved 12. MANAGER'S REPORT a. The Baytown City Manager will provide updates and information regarding the following items: Fire Station No. 7 Ribbon Cutting Ceremony; Spur 330 Flyover Ribbon Cutting Ceremony; Grand Opening of Waterpark Expansion; and May 2014 is the Sterling Municipal Library's Food for Fines

24 City Council Regular Meeting Minutes May 08, 2014 Page 20 of 20 City Manager Leiper presented the agenda item and stated that the Community Garage Sale is on Saturday, May 10th at the Bicentennial Park from 8:00 A.M. - 3:00 P.M. He stated that the Spur 330 Flyover Ribbon Cutting Ceremony will be on Thursday, May 15th at 4:00 P.M.; the Grand Opening of Waterpark Expansion on Friday, May 16th at 6:00 P.M. with the program starting at 6:30 P.M.; the Public Works Expo on Saturday, May 17th from 10:00 A.M.-2:00 P.M. at the San Jacinto Mall parking lot; the Fire Station No. 7 Ribbon Cutting Ceremony on Thursday, May 22nd, 2014 at 5:00 P.M.; and that May is Food for Fines month at the Sterling Municipal Library. Mayor Pro Tem McCartney stated that the post office is also having the Letter Carrier Food Drive on May 10th. 13. ADJOURN A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Chris Presley adjourning the May 08, 2014, City Council Regular meeting. The vote was as follows: Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Other: Mayor Stephen DonCarlos (Absent) Approved With there being no further business to discuss, Mayor Pro Tem McCartney adjourned the May 08, 2014, City Council Regular Meeting at 8:22 P.M. Leticia Brysch, City Clerk City of Baytown

25 BAYTOWN CITY COUNCIL MEETING 2. a. Meeting Date: 06/12/2014 Subject: Public Hearing: Special Use Permit for RV Resort at 6415 Highway 146. Prepared for: Tiffany Foster, Planning and Development Services Information ITEM Conduct a public hearing concerning the granting of a special use permit for a recreational vehicle resort at 6415 SH 146, legally described as Abstract 2, Tracts 19-1 & 19-2, Jacob Armstrong Survey, Chambers County, Texas, being approximately 26.0 acres of land located approximately 400 feet south of Staples Drive, west of SH 146 and east of Cedar Bayou. PREFACE This is a public hearing concerning a special use permit to allow for a RV resort of approximately 26.0 acres for 210 RV stands on a property that is currently zoned General Commercial (GC). An RV park requires a special use permit prior to the issuance of building permits; and the development must be over five (5) acres in size. In addition to this special use permit, the applicant will also need to request a watershed protection zone permit and, depending on the location of the structures, to request to build in the floodplain to ensure that the activities being proposed will not impact the riparian area along Cedar Bayou. The watershed protection zone permit will be evaluated and issued through the Engineering Department. On May 20, 2014, the Planning and Zoning Commission voted to recommend approval of the special use permit with the following conditions: 1. Provide a second point of emergency ingress/egress for the RV Resort coming across the 4+ acre residual tract along SH Provide cross access to the residual tract in conformance with the City s Access Management parameters as stated in Section Provide a deceleration lane to reduce traffic impacts on State Highway 146 in lieu of requesting a full Traffic Impact Analysis. 4. Amenities to include: secure access gate; on-site 24-hour security/management, pool, clubhouse, and landscaping in excess of the required streetscape and internal landscaping sections. Several residents attended the Planning and Zoning public hearing to voice their concerns regarding this project. Three letters were submitted and are attached. The applicant has provided a list of amenities and landscaping that will be included in the development as part of the SUP conditions. The application and supporting documentation are attached.

26 RECOMMENDATION Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact Fiscal Impact (Additional Information): There is no fiscal impact associated with this item. Application and Supporting Docs Staff Report Citizen Letters RV Resort Amenities Landscape Information Attachments

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32 Staff Report for Zoning Special Use Permit for RV Resort at 6415 HWY 146 Requested Action: Zoning Special Use Permit for a RV resort. Applicant: Paul Grohman Subject Property: 26.01, Abstract 2 Tract 19-1 & 19-2 Jacob Armstrong Survey, Chambers County, Texas Parcel Information Current Use: Undeveloped, recently cleared Proposed Use: Recreation Vehicle Resort, with an adjacent commercial reserve that is being platted separately of this project. Adjacent Parcel Information North: An undeveloped wooded parcel is located to the north of the property. This property has a zoning designation of General Commercial (GC). West: Cedar Bayou borders the property on the west, on the western bank of the bayou, outside the city limits; there exist large lot single family. East: State Highway 146 is located to the east of the parcel. East of the HWY 146 is located manufactured home park zoned (GC), a single family residence with the zoning designation of Low Density Single Family Residential (SF1), and a RV park zoned Mixed Use (MU). South: The property to the south consist of two uses, along HWY 146 exist a RV park and the southwestern portion of the property borders a large single family lot. The zoning district for the adjacent properties is GC. Staff Analysis: In order to recommend approval of an application for a zoning amendment, the Planning and Zoning Commission shall consider the following factors: 1. This special use permit will be compatible with and not injurious to the use and enjoyment of other property, not significantly diminish or impair property values within the immediate vicinity in any material way. The applicant s proposed use would not have a measurable affect of adjacent property values. Currently there are already a number of RV parks and manufactured home parks in the area. 2. This special use permit will not impede the normal and orderly development and improvement of surrounding property. This special use permit would have not impact of the development or improvement of surrounding areas. 3. This special use permit will ensure that adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided prior to the issuance of a certificate of occupancy.

33 The existing utilities and access roads are sufficient to meet the proposed developments needs and additional impacts. 4. This special use permit will ensure that adequate nuisance prevention measures will be taken and maintained to prevent or control offensive odor, fumes, dust, noise and vibration prior to the issuance of a certificate of occupancy. As per the compatibility requirements of the ULDC, the development will be required to place an opaque screen around the entirety of the development area. Odor, fumes, dust, and vibration nuisances will not be associated with the proposed development. Noise nuisances associated with the proposed development are on par with the area existing conditions. 5. This special use permit will ensure that there are sufficient landscaping, screening, setbacks and other land use measures to ensure harmony and compatibility with adjacent property. As per the requirements of the ULDC, the compliance with landscape screening, setbacks and other restrictions will be met to insure project is a harmonious addition to the area. The project will also be required to meet the site development standards for a Recreational Vehicle Park of Chapter 58 of the Baytown Code of Ordinances. Additional conditions identified in condition subsection of this report are intended to ensure emergency access needs are addressed and to mitigate any potential effects on traffic flow in the area. 6. The proposed use is consistent with the comprehensive plan and is generally consistent with the purposes with the ULDC. The proposed development is consistent with the comprehensive plan and will meet the stipulation of ULDC for a RV park. 7. That the site plan meets the criteria set forth in the ULDC Section 1.26 (e), where as the planning and zoning commission may recommend and the city council may adopt other conditions on any special use permit application that are needed to protect the public health, safety and welfare, including but not limited to, hours of operation and additional landscape or parking requirements. The site plan for the development is conformance with criteria set forth in ULDC Section 1.26 (e). Conditions: 1. Request a second point of emergency ingress/egress for the RV Resort coming across the 4+ acre residual tract along the front area along SH Provide cross access to 4+ acre residual tract in conformance with the City s Access Management parameters as stated in Chapter Provide a deceleration lane to reduce traffic impacts on State Highway 146 in lieu of requesting a full Traffic Impact Analysis. Public Notification: Public notification was sent to surrounding properties and published in the newspaper, City website and kiosk on April 4, 2014.

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43 AMMINITIES On-Site Resident Managers Computer Controlled Access Gates, Residents have their own Personal Code Resort style Swimming Pool with Hot Tub Fully-Appointed Recreation Room with Pool Table / Shuffle Board / Coffee Bar Exercise Area with State of the Art Equipment Free Business Center / Computer Room / Printers / Fax Machine / Copier Free High-speed Internet / Wi-Fi Resort-wide Luxurious Outdoor Kitchen Facilities (by Award Winning Designer) /w/ Large Flat Screen TV Relaxing Outdoor Firepit's Stocked Fishing Lake Complementary Full-Featured Dog Wash Station State-Of-The Art Professional Grade Laundry Facilities Security Cameras Extensive Resort Style Landscaping including Palm Trees All Concrete Drive's and Pad's

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45 BAYTOWN CITY COUNCIL MEETING 2. b. Meeting Date: 06/12/2014 Subject: Consider: Special Use Permit for RV Resort at 6415 Highway 146. Prepared for: Tiffany Foster, Planning and Development Services Information ITEM Consider an ordinance concerning the granting of a special use permit for a recreational vehicle resort at 6415 SH 146, legally described as Abstract 2, Tracts 19-1 & 19-2, Jacob Armstrong Survey, Chambers County, Texas, being approximately 26.0 acres of land located approximately 400 feet south of Staples Drive, west of SH 146 and east of Cedar Bayou. PREFACE This proposed ordinance is for a special use permit to allow for a RV resort of approximately 26.0 acres for 210 RV stands on a property that is currently zoned General Commercial (GC). An RV park requires a special use permit prior to the issuance of building permits and the development must be over five (5) acres in size. In addition to this special use permit, the applicant will also need to request a watershed protection zone permit and, depending on the location of the structures, a request to build in the floodplain to ensure that the activities being proposed will not impact the riparian area along Cedar Bayou. The watershed protection zone permit will be evaluated and issued through the Engineering Department. On May 20, 2014, the Planning and Zoning Commission voted to recommend approval of the special use permit with the following conditions: 1. Provide a second point of emergency ingress/egress for the RV Resort coming across the 4+ acre residual tract along SH 146; 2. Provide cross access to the residual tract in conformance with the City s Access Management parameters as stated in Section ; 3. Provide a deceleration lane to reduce traffic impacts on State Highway 146 in lieu of requesting a full Traffic Impact Analysis; and 4. Provide amenities, including secure access gate; on-site 24-hour security/management, pool, clubhouse, and landscaping in excess of the required streetscape and internal landscaping sections. Several residents attended the Planning and Zoning public hearing to voice their concerns regarding this project. Three letters were submitted and are attached under the previous public hearing item. The applicant has provided a list of amenities and landscaping that will be included in the development as part of the SUP conditions. The application and supporting documentation is attached under the previous public hearing item.

46 The Commission's Report to City Council is attached here for your consideration. RECOMMENDATION Staff recommends approval. Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact Fiscal Impact (Additional Information): There is no fiscal impact associated with this item. PZ Report to Council Citizen Letters Ordinance - SUP Exhibit A - SUP Attachments

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59 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A SPECIAL USE PERMIT TO RASN INVESTMENTS, LLC, FOR THE DEVELOPMENT OF A RECREATIONAL VEHICLE PARK TO BE LOCATED AT 6415 SH 146 AND LEGALLY DESCRIBED AS ABSTRACT 2, TRACTS 19-1 & 19-2, JACOB ARMSTRONG SURVEY, CHAMBERS COUNTY, TEXAS, BEING APPROXIMATELY 26.0 ACRES OF LAND LOCATED APPROXIMATELY 400 FEET SOUTH OF STAPLES DRIVE, WEST OF SH 146 AND EAST OF CEDAR BAYOU; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO SUCH PERMIT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************************************** WHEREAS, RASN Investments, LLC, filed an application for a special use permit for the development of a recreational vehicle park on property that is currently zoned as General Commercial (GC); and WHEREAS, a recreational vehicle park is a permitted with conditions in the GC zoning district; and WHEREAS, one of the required conditions for the development of the recreational vehicle park in the GC zoning district is a special use permit; and WHEREAS, the Planning and Zoning Commission held public hearings on April 15, 2014 and May 20, 2014, and voted unanimously to recommend approval of the special use permit on May 20, 2014, with the following conditions: 1. Provide a second point of emergency ingress/egress for the recreational vehicle park coming across the 4+ acre residual tract along SH 146; 2. Provide cross access to 4+ acre residual tract in conformance with the City s access management parameters stated in Section of the Code of Ordinances, Baytown, Texas, (the Code ); 3. Provide a deceleration lane to reduce traffic impacts on SH 146 in lieu of a full traffic impact analysis; and 4. Provide at a minimum the following amenities: NOW THEREFORE, a. Secure access gate, b. On-site 24-hour security/management, c. Pool, d. Clubhouse, and e. Landscaping in excess of the required streetscape and internal landscaping sections and equivalent to the standards included in the proposed site plan.

60 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: The facts and recitations contained in the preamble of this ordinance are hereby found and declared by the City Council of the City of Baytown, Texas, to be true and correct. Section 2: That the City Council of the City of Baytown, Texas, hereby grants a Special Use Permit to RASN Investments, LLC, for the development of a recreational vehicle park to be located at 6415 SH 146 and legally described as Abstract 2, Tracts 19-1 & 19-2, Jacob Armstrong Survey, Chambers County, Texas, being approximately 26.0 acres of land located approximately 400 feet south of Staples Drive, west of SH 146 and east of Cedar Bayou, subject to the conditions expressed therein. A copy of said permit is attached hereto, marked Exhibit A, and made a part hereof for all intents and purposes. Section 3: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the City Manager to execute and the City Clerk to attest to the Special Use Permit incorporated herein. Section 4: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown, Texas. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 12 th day of June, ATTEST: DAVID MCCARTNEY, Mayor Pro Tem LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Ordinances\2014\June 12\SUP4RVPark.doc 2

61 Special Use Permit No Exhibit "A" SPECIAL USE PERMIT WHEREAS, an application together with the requisite site plan for a Zoning Special Use Permit ( SUP ), which is attached hereto as Exhibit A and incorporated herein for all intents and purposes, was completed by Paul Grohman for and on behalf of the land owner RASN Investments (the Applicant ) for property at 6415 State Highway 146, legally described as Abstract 2, Tracts 19-1 & 19-2, Jacob Armstrong Survey, Chambers County, Texas, being approximately 26.0 acres of land located approximately 400 feet south of Staples Drive, west of State Highway 146 and east of Cedar Bayou, and submitted to the Director of Planning and Development Services (the Director ) on a form prescribed by the Director; and WHEREAS, the Director reviewed the application and prepared a staff report; and WHEREAS, the Planning and Zoning Commission (the Commission ) conducted a public hearing on the application; considered the application, the staff report, the relevant supporting materials, and public testimony given at the public hearing; and recommended approval to the City Council, subject to certain additional conditions; and WHEREAS, the Commission prepared and delivered a report and recommendation to the City Council to approve the proposed SUP subject to the conditions set forth in Section 2 of this ordinance based upon the criteria enumerated in Section 1.26 (e) of the Unified Land Development Code ( ULDC ); and WHEREAS, after receiving the report of the Commission, the City Council conducted a public hearing on the SUP application and considered the application, the staff report, the relevant supporting materials, and public testimony given at the public hearing; and WHEREAS, the City Council thereafter made an affirmative finding that all of the following conditions listed in Section 1.26 (d) Approval criteria for special use permits of the ULDC have been met: (1) That the specific use will be compatible with and not injurious to the use and enjoyment of adjacent property or property immediately across the street, and not significantly diminish or impair property values within the immediate vicinity in any material way; (2) That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding property; (3) That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided prior to the issuance of a certificate of occupancy; (4) That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, light, noise and vibration prior to the issuance of a certificate of occupancy; Special Use Permit, Page 1

62 Special Use Permit No (5) That there are sufficient landscaping, screening, setbacks and other land use measures to ensure harmony and compatibility with adjacent property; (6) That the proposed use is in accordance with the comprehensive plan and generally consistent with the ULDC; and (7) That the site plan meets the criteria set forth in Section 1.26(e) of the ULDC; NOW THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: The findings contained in the preamble hereof are declared to be true and correct and are hereby adopted. Section 2: A Special Use Permit for a recreational vehicle park use as described in Exhibit A is hereby granted on property at 6415 State Highway 146, legally described as Abstract 2, Tracts 19-1 & 19-2, Jacob Armstrong Survey, Chambers County, Texas, being approximately 26.0 acres of land located approximately 400 feet south of Staples Drive, west of State Highway 146 and east of Cedar Bayou, subject to the following conditions: (1) Provide a second point of emergency ingress/egress for the RV Resort coming across the 4+ acre residual tract along SH 146. (2) Provide cross access to the residual tract in conformance with the City s Access Management parameters as stated in Section (3) Provide a deceleration lane to reduce traffic impacts on State Highway 146 in lieu of requesting a full Traffic Impact Analysis. (4) Amenities to include: secure access gate; on-site 24-hour security/management, pool, clubhouse, and landscaping in excess of the required streetscape and internal landscaping sections. Section 3: Nothing herein shall be construed as to authorize any other recreational vehicle park use other than the uses expressly enumerated on the Applicant s application and attached site plan. Section 4: This SUP shall take effect immediately from and after its passage by the City Council of the City of Baytown and is subject to expiration and revocation requirements as provided in the ULDC. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 12 th day of June, STEPHEN H. DONCARLOS, Mayor Special Use Permit, Page 2

63 Special Use Permit No ATTEST: LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney Special Use Permit, Page 3

64 BAYTOWN CITY COUNCIL MEETING 3. a. Meeting Date: 06/12/2014 Subject: Interlocal Agreement for Realignment at the Intersection of HWY 146 and I-10 Feeder Road Prepared for: Bob Leiper, City Management Prepared by: Leticia Brysch, City Clerk's Office Department: City Management Information ITEM Consider an ordinance authorizing a Cost-Sharing Agreement with Chambers County for the realignment of State Highway 146 and the feeder road of Interstate 10, Baytown, Texas. PREFACE This proposed ordinance authorizes a Cost-Sharing Agreement with Chambers County for the realignment of State Highway 146 and the feeder road of Interstate 10 (the "Project"). The proposed realignment is being designed for the parties at no cost and will be approved by TxDOT prior to construction. Thereafter, the City will enter into an agreement with TxDOT and an agreement with a contractor to construct the Project. The Project's cost is expected not to exceed $100,000. Therefore, the proposed Cost-Share Agreement provides that the City and the County will share equally in such costs up to a maximum amount of $50,000 each. Chambers County will consider this agreement on Tuesday, June 10th. The Project is expected to reduce the traffic congestion at the intersection, which was the top priority of the last two citizen surveys, and to benefit the citizens of the City and County alike. RECOMMENDATION Staff recommends approval. Fiscal Impact Fiscal Year: Acct Code: STGB7500 Source of Funds (Operating/Capital/Bonds): GOs Funds Budgeted Y/N: Amount Needed: $50,000.

65 Fiscal Impact (Additional Information): Ordinance - Cost-Share Agreement Exhibit A - Cost-Share Agreement Ordinance No. 12,560 Attachments

66 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 COST-SHARE AGREEMENT WITH CHAMBERS COUNTY FOR THE REALIGNMENT OF STATE HIGHWAY 146 AND THE EASTBOUND FEEDER ROAD OF INTERSTATE 10; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00); MAKING OTHER PROVISIONS RELATED THERETO;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************************************************* BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the City Manager to execute and the City Clerk to attest to a Cost-Share Agreement with Chambers County for the realignment of State Highway 146 and the eastbound feeder road of Interstate 10. A copy of said agreement is attached hereto as Exhibit A, and incorporated herein for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes payment in an amount not to exceed FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) in accordance with the agreement authorized pursuant to Section 1. Section 3: That the City Manager is hereby granted general authority to approve any change order involving a decrease or an increase in costs of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) or less, provided that the amount stated in Section 2 hereof may not be increased by more than twenty-five percent (25%) or decreased by more than twenty-five percent (25%) without the consent of Efrain Garcia to such decrease unless otherwise provided for in the contract authorized in Section 1 hereinabove. Section 4: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 12 th day of June, ATTEST: DAVID MCCARTNEY, Mayor Pro Tem LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Ordinances\2014\June 12\CostShareAgreementwithChambersCounty.doc

67 Exhibit "A" COST-SHARE AGREEMENT STATE OF TEXAS COUNTY OF HARRIS WHEREAS, this Cost-Share Agreement (this Agreement ), dated June, 2014, is made between the CITY OF BAYTOWN, a municipal corporation located in Harris and Chambers Counties, Texas (the City ) and CHAMBERS COUNTY, a political subdivision of the State of Texas (the County ). RECITALS: WHEREAS, the City and the County desire to realign a portion of the intersection of State Highway 146 and the eastbound feeder road of Interstate 10 (the Project ); and WHEREAS, the City and the County desire to share the costs of such improvements up to a maximum of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) each under terms and conditions stated herein; NOW THEREFORE, in consideration of the mutual covenants, agreement and benefits to both parties, it is agreed as follows: I. COUNTY RESPONSIBILITIES 1.01 Responsibility for Costs. The County shall be responsible for the payment of one-half of the construction costs of the Project up to a maximum amount of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00), unless otherwise agreed in writing. The County shall remit its payment to the City prior to the City s letting the construction contract for the Project. In the event it is determined that the funding provided by the County is less than one-half of the costs associated with the construction of the Project, the County may: (a) provide such additional funding as necessary to cover the entire amount of the additional costs, whereby the Project will continue; (b) provide one-half of the additional funding and request the City to do the same, whereby if (c) both parties provide the additional funding, the Project will continue; or choose not to provide such additional funding, whereby the City may decide, in its sole discretion, whether to proceed with the Project. All payments made by the County pursuant to this Agreement shall be made out of the County s current revenues Design. The Project shall be designed by a professional engineer licensed in the State of Texas at no cost to the County Audit. The County and its authorized representatives shall have the right to review and audit all books, records, vouchers and documents of whatever nature related to the City s performance under this Agreement during the period of performance of this Agreement and for three (3) years thereafter. Cost-Share Agreement, Page 1

68 II. CITY S RESPONSIBILITIES 2.01 TxDOT Agreement. The City shall endeavor to enter into an Advanced Funding Agreement with the State of Texas, by and through the Texas Department of Transportation, (the State ) for the construction of the Project Design. The Project shall be designed by a professional engineer licensed in the State of Texas at no cost to the City and shall be submitted to the State for approval Construction. Pursuant to such agreement, the City will through competitive means hire a contractor to construct the Project. The contractor shall be required to: (a) (b) (c) (d) construct the Project in accordance with the State-approved plans and specifications resulting from the design referenced in Sections 1.02 and 2.02 of this Agreement; provide and furnish, or cause to be provided and furnished, all materials and services as and when required in connection with the construction of the Project; obtain all necessary permits and approvals from all other governmental entities having jurisdiction; provide supervision and inspection services for all phases of construction of the Project to ensure that the Project is in accordance with the approved plans and specifications; and The City shall pay for the costs associated with the construction of the Project, subject to the obligation of the County to advance funds to the City for such purpose as provided in Section Progress of Work. Upon request, the City shall update the County regarding the status of the construction of the Project Responsibility for Costs. The City shall be responsible for the payment of one-half of the construction costs of the Project up to a maximum amount of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00), unless otherwise agreed in writing. In the event it is determined that the funding provided by the County is less than one-half of the costs associated with the construction of the Project, the City may exercise the options specified in Section 1.01 of this Agreement. All payments made by the City pursuant to this Agreement shall be made out of the City s current revenues Refund Excess Funds. If the amount tendered pursuant to Section 1.01 exceeds the costs to the City for the Project, such excess amount shall be refunded to the County within 30 days after completion of the Project or termination of the Project and this Agreement. Cost-Share Agreement, Page 2

69 III. TERM AND TERMINATION 3.01 Term. Subject to and upon the terms and conditions set forth herein, this Agreement shall continue in force and effect from the Effective Date until the final completion of the Project and acceptance thereof by the TxDOT Force Majeure. If force majeure prevents either Party hereto from performing any of its obligations under this Agreement, in whole or in part, then the obligations of such party, to the extent affected by such force majeure, shall be suspended during the continuance of any inability so long as such party is exercising due diligence to resume performance at the earliest practicable time. As soon as reasonably possible after occurrence of the force majeure relied upon, the Party whose contractual obligations are affected thereby shall give notice and full particulars of such force majeure to the other party. The term "Force Majeure," as used herein, shall include, without limitation of the generality thereof, acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, orders of any kind of the government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraints of government and people, civil disturbances, explosions, breakages or accidents to machinery, pipelines or canals, partial or entire failure of water supply, and any other inabilities of either Party, whether similar to those enumerated or otherwise, which are not within the control of the party claiming such inability, and which such party could not have avoided by the exercise of due diligence and care Termination. This Agreement may be terminated (a) (b) (c) By the City in the event that the construction costs exceed ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00) and neither the City nor the County provides the excess funds needed; By mutual written agreement and consent of both parties; By the City if the City is unable to obtain the State s approval of the Project s design or to enter into an agreement with the State on terms and conditions acceptable to the City. The termination of this Agreement shall extinguish all rights, duties, obligations and liabilities of the parties under this Agreement, except each party shall be responsible for one-half of the funds expended in furtherance of the construction of the Project Release. IV. GENERAL PROVISIONS (a) By this Agreement, the City does not consent to litigation and expressly revokes any consent to litigation that it may have granted by the terms of this Agreement, any charter, or applicable state law. The County hereby releases, relinquishes, and discharges the City, its officers, agents and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether they be either of the parties hereto, their employees, or other third parties) and any loss of or damage to property (whether the property be that of either of the parties hereto, their employees, or other third parties) that is caused by or alleged to Cost-Share Agreement, Page 3

70 be caused by, arising out of, or in connection with the Project. This release includes the cost of defense of any claim and any loss of or damage to property (whether property of the parties or of third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the Project whether or not said claims, demands, and causes of action are covered in whole or in part by insurance. (b) By this Agreement, the County does not consent to litigation and expressly revokes any consent to litigation that it may have granted by the terms of this Agreement, any charter, or applicable state law. The City hereby releases, relinquishes, and discharges the County, its officers, agents and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether they be either of the parties hereto, their employees, or other third parties) and any loss of or damage to property (whether the property be that of either of the parties hereto, their employees, or other third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the Project. This release includes the cost of defense of any claim and any loss of or damage to property (whether property of the parties or of third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the Project whether or not said claims, demands, and causes of action are covered in whole or in part by insurance No Arbitration. Notwithstanding anything to the contrary contained in this Agreement, the City and the County hereby agree that no claim or dispute between the City and the County arising out of or relating to this Agreement shall be decided by any arbitration proceeding including, without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1-14), or any applicable State arbitration statute, including, but not limited to, the Texas General Arbitration Act, provided that in the event that the City is subjected to an arbitration proceeding notwithstanding this provision, the County consents to be joined in the arbitration proceeding if the County's presence is required or requested by the City for complete relief to be recorded in the arbitration proceeding Sovereign Immunity. Nothing in this Agreement shall be construed so as to limit or waive the sovereign immunity of the City or the County Notice. Any notice permitted or required to be given in this Agreement to the County shall be given by registered or certified United States Mail, postage paid, return receipt requested and addressed to Chambers County, Attention: County Judge, P.O. Box 939, Anahuac, Texas Any notice permitted or required to be given in this Agreement to the City shall be given by registered or certified United States Mail, postage prepaid, return receipt requested, addressed to City of Baytown, Attention: City Manager, P.O. Box 424, Baytown, Texas All notices hereunder given shall be deemed validly given when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle if the notice otherwise complies with all of the requisites of this article Independent Contractor. The relationship between the County and the City shall be that of an independent contractor Parties in Interest. This Agreement shall be for the sole and exclusive benefit of the parties hereto and shall not be construed to confer any rights upon any third party. The City shall never be subject to any liability in damages to any customer or contractor of the County for any failure to perform its obligations under this Agreement. Cost-Share Agreement, Page 4

71 4.07 Application of Laws. All terms, conditions, and provisions of this Agreement are subject to all applicable federal, state and local laws and regulations, and all judicial determinations relative thereto Timeliness. Time is expressly declared to be of the essence in regard to this Agreement Choice of Law; Venue. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Harris County, Texas Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein Non-Waiver. Failure of either party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing thereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce, by an appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance Interpretation. In the event of any ambiguity in any of the terms of this contract, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same Captions. The captions 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 or liabilities of the respective parties hereto or in ascertaining intent, if any question of intent should arise Complete Agreement. This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings of written or oral agreements between the parties with respect to the subject matter herein Modification. No amendment modification or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties hereto Assignment. Neither party to this Agreement may assign their rights, duties or interests without first obtaining the written consent of the other party Authority. Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective corporations and/or business entities Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. Cost-Share Agreement, Page 5

72 4.19 Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical counterparts each of which shall be deemed an original for all purposes. IN WITNESS WHEREOF, the undersigned parties hereto execute this Agreement on this day of, 2014 (the Effective Date ). CHAMBERS COUNTY CITY OF BAYTOWN, TEXAS Jimmy Sylvia, Chambers County Judge Stephen H. DonCarlos, Mayor ATTEST: ATTEST: Heather H. Hawthorne, Chambers County Clerk Leticia Brysch, City Clerk R:\Karen\Files\Contracts\Chambers County Cost Share\CostShareAgreement.docx Cost-Share Agreement, Page 6

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80 BAYTOWN CITY COUNCIL MEETING 3. b. Meeting Date: 06/12/2014 Subject: Consider Authorizing an Economic Development Agreement Under Chapter 380 of the Texas Local Gov t Code for Hilton Garden Inn Prepared for: Bob Leiper, City Prepared by: Management Karen Horner, Legal Department: City Management Information ITEM Consider authorizing an Economic Development Agreement under Chapter 380 of the Texas Local Gov t Code to provide economic incentives for the development of a hotel with conference facilities project on Garth north of I-10 PREFACE This proposed ordinance authorizes an Economic Development Agreement under Chapter 380 of the Texas Local Gov t Code to provide financial incentives for up to five years for the development and operation a full-service hotel with at least 5,000 sq. ft. conference center on Garth Road north of I-10. The major components of the agreement are: 1. City Sales Tax Rebate for FF&E and Construction purchases for the Extended Stay Hotel and Conference Center made in the City of Baytown (1% general sales tax only) 2. City Hotel Occupancy Tax Rebate for HOT taxes collected from the hotel in excess of $100,000 annually for 5 years and 3. Performance standards that are required to be met, including the start and end date for the construction of the hotel and conference center This project is part of a significant step forward in Baytown's tourism marketing. It will also fit very well into the ongoing industrial growth and development in our area. RECOMMENDATION Staff recommends approval.

81 BAYTOWN CITY COUNCIL MEETING 3. c. Meeting Date: 06/12/2014 Subject: Restricting Reduced Fee Admissions to Pirates Bay Prepared for: Scott Johnson, Parks and Prepared by: Recreation Karen Horner, Legal Department: Parks and Recreation Information ITEM Consider an ordinance amending Section (4)(a) of the Code of Ordinances, Baytown, Texas, pertaining to admissions to Pirates Bay Water Park only in order to restrict the reduced fee for admissions to after 4:00 p.m., Mondays through Thursdays, excluding holidays. PREFACE This proposed ordinance amends Section (4)(a) of the Code of Ordinances, Baytown, Texas, pertaining to admissions to Pirates Bay Water Park only in order to restrict the reduced fee for admissions to after 4:00 p.m., Mondays through Thursdays, excluding holidays. Therefore, the admission fees for Pirates Bay Water Park shall be as follows: Fee On or After Admission Fee 4:00 p.m. Monday Thursday Exclusive of Holidays 48 inches or taller $20.00 $10.00 Under 48 inches tall $15.00 $5.00 Less than two years old: no charge with an adult entry This proposed amendment is designed to alleviate some of the problems due to overcrowding on weekends and holidays. Specifically, Pirates Bay experiences a daily wave of guests at 4:00 p.m. due to reduced price tickets furthering the overcrowding problems at the park on weekends and holidays. Additionally, if a guest who paid full price is not admitted until after 4:00 p.m., the City has been refunding the difference between the full price ticket and the reduced price ticket causing administrative issues. These are not new issues; however, it was hoped that the expansion of the park would eliminate the long lines. However, Pirates Bay continues to attract even larger crowds. Reduced rates will stay in place Monday through Thursday, excluding holidays. RECOMMENDATION Staff recommends approval.

82 Ordinance - Fees for Pirates Bay Ordinance No. 12,561 Attachments

83 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE V FINANCE, DIVISION 1 GENERALLY, SECTION FEES FOR VARIOUS CITY SERVICES, SUBSECTION (4) PARKS AND RECREATION SERVICES, SUBSECTION (A) PERTAINING ONLY TO ADMISSIONS TO PIRATES BAY WATER PARK OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO RESTRICT THE REDUCED FEE FOR ADMISSION TO PIRATES BAY WATER PARK TO AFTER 4:00 P.M., MONDAYS THROUGH THURSDAYS ONLY, EXCLUDING HOLIDAYS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. ************************************************************************************* BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That Chapter 2 "Administration," Article V Finance, Division 1 Generally, Section Fees for various city services, Subsection (4) Parks and recreation services, Subsection (a) of the Code of Ordinances, Baytown, Texas, is hereby amended only pertaining to admission fees for entry to Pirates Bay, such portion of subsection(4)(a) is amended to read as follows: Sec Fees for various city services. CHAPTER 2. ADMINISTRATION ARTICLE V. FINANCE Division 1. Generally The fees set out below are adopted for the city services outlined herein: 4. Parks and Recreation Services. a. The following fees shall be applicable to the Pirates Bay Water Park: Admission Fee Fee On or After 4:00 p.m. Monday Thursday Exclusive of Holidays 48 inches or taller $20.00 $10.00 Under 48 inches tall $15.00 $5.00 Less than two years old: no charge with an adult entry 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

84 reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. Section 4: This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10) days after passage of this ordinance. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 12 th day of June, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Ordinances\2014\June 12\FeeOrdinanceforPiratesBay.doc 2

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87 BAYTOWN CITY COUNCIL MEETING 4. a. Meeting Date: 06/12/2014 Subject: Consider Authorizing a Grant Application to The Junior League of Houston, Inc. - Police Prepared by: Leasa Lopez, Grants Department: Grants Information ITEM Consider a resolution authorizing the City to submit a grant application to The Junior League of Houston's Community Assistance Grant Program. PREFACE This proposed resolution authorizes the City to submit a grant application to The Junior League of Houston, Inc.'s Community Assistance Grant Program on behalf of the Domestic Violence/Special Victims Unit of the Baytown Police Department. The Community Assistance Program supports projects that address a basic or critical need, establish a pilot program, and/or expand a significant service to the residents of Harris, Brazoria, Fort Bend and/or Waller Counties. The Domestic Violence/Special Victims Unit seeks funds in the amount of $6, to purchase $1,000 in local gift cards to purchase basic necessities for victims and $5, to fund training for two sworn officers to attend one conference for two years each: The Conference on Crimes Against Women and The Conference on Crimes Against Children. There are no matching funds required for this application. RECOMMENDATION Staff recommends approval. Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact (Additional Information): No City matching funds are required. Fiscal Impact

88 Resolution - Junior League Grant Resolution No Attachments

89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO MAKE APPLICATION TO THE JUNIOR LEAGUE OF HOUSTON, INC.'S COMMUNITY ASSISTANCE GRANT PROGRAM ON BEHALF OF THE DOMESTIC VIOLENCE/SPECIAL VICTIMS UNIT OF THE BAYTOWN POLICE DEPARTMENT IN THE AMOUNT OF SIX THOUSAND NINE HUNDRED ELEVEN AND 50/100 DOLLARS ($6,911.50); 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. ****************************************************************************** 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 Junior League of Houston, Inc.'s Community Assistance Grant Program on behalf of the Domestic Violence/Special Victims Unit of the Baytown Police Department in the amount of SIX THOUSAND NINE HUNDRED ELEVEN AND 50/100 DOLLARS ($6,911.50). 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 is hereby authorized to accept or affirm any grant award that may result from this 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 12 th day of June, ATTEST: DAVID MCCARTNEY, Mayor Pro Tem LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Resolutions\2014\June 12\JuniorLeagueGrant4DomesticViolenceSpecialVictims.doc

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91 BAYTOWN CITY COUNCIL MEETING 5. a. Meeting Date: 06/12/2014 Subject: Discuss Proposed Improvements to Bicentennial Park and the Veterans Memorial Plaza Prepared for: Bob Leiper, City Management Prepared by: Leticia Brysch, City Clerk's Office Department: City Management Information ITEM Receive a report regarding proposed improvements to the Baytown Bicentennial Park and Veterans Memorial Plaza. PREFACE The Council will receive a report regarding proposed improvements to the Baytown Bicentennial Park and Veterans Memorial Plaza. RECOMMENDATION Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact Fiscal Impact (Additional Information): There is no fiscal impact associated with this item.

92 BAYTOWN CITY COUNCIL MEETING 6. a. Meeting Date: 06/12/2014 Subject: Discuss the Creation of a Neighborhood Empowerment Zone Program. Prepared for: Bob Leiper, City Prepared by: Management Nick Woolery, Administration Department: City Management Information ITEM Discuss the creation of a Neighborhood Empowerment Zone Program. PREFACE A Neighborhood Empowerment Zone (NEZ) is a designated area where cities can offer economic incentives that promote investment and redevelopment. According to the Texas Local Government Code (Chapter 378), an NEZ must be created for at least one (1) of the following purposes: the creation and rehabilitation of affordable housing (including manufactured housing); economic development opportunities; or an increase in the quality of social services, education, or public safety. We propose creating an NEZ for economic development opportunities. This program was recently discussed with Council for waving certain fees. It has been suggested that Council consider adding tax abatement to the original program consideration. The consideration for adoption will at a future Council meeting. RECOMMENDATION 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 at this time. Fiscal Impact Proposed NEZ map Attachments

93 AS T LE D R EV E RG RE E N DR AN DE R SH ER IDAN DR CHILTON DR CO LB YD R HW OO D DR LA ND DR E TE XA S AV E OAK SH A DO W S ST DR EV G ER E RE N RD DOL P HIN LN AVE NAR CIL LE ST DW INN E LL ST DAL ES T MES RO SE IL L YH BA FRENCH PL CLAYT ON DR ST RICKL AN D ST ST 11T H DAN UB IN A ST DS IDE DR WO O RD BELVEDERE DR LE X R N1 S B S 146 DR 6 AL LA NI E 14 DO R R M streams SH NA DR TH S CHA RL E S AV E COO K DR STA C EY LN ET D R SU N S ST A IN SM 46 R D RD NEZ S SO U T H ES BE AC TRI-CITI R RailRoads CI EE S T IVIE L DR WR IG HT B LV D RD Legend N DR SH 9 9 S1 LA CY AD OL AM IVE SS ST T E JA HE P HE R D S AL EXAN DER DR ME W IS SB TO W N8 T TH S N5 T N6 T TH S N7 T HS S 8T T T HS T HS S 4T TH S T TH S N4 NA SH B EL NC ST OM MER CE ST NM AIN N1 ST ST ST ER CE ST SC S JO OM M NE S ST HIT ING ST T RU ET TS SW ST HIT ING ST NP NW NF E LT ON RUE TT ST ST ST SP HS DR RI AL O EM M RO LL AN D HIL L EMP SH YS T KR D CR EE IVIC DR SC MA S SE ST BE EC H ST R BR IA YD RW WA RK O PA OD DR D R LE C R CI N S C IR CLE DR ML T LEE DR ST T ST LY S AN PE L M ALL S RN KE M IS SI BR SS IT IP TO PI N ON ST ST TA N A WY ST OM LA ING NI ER ST DR LA NI ER D R SIMS LO UIS IANA PR ICE ST ST LA RE DO NA VE BA YT OW HA RB OR CH ST ER RY ST PIN ES MA T GN OL CY IA PR ST ES SS SA T IRH AR TD R ST SS S 6T J AV E NA IR FO HA RT GR RT IN AN DR BE SS VI RR LL H Y E 14 AV AV 6 E E SS AV H1 E 46 J DR LAN IE R CL YD ED CL R YD ED R OA VE JA CIN T SA N OKL AHOM A HIGH ST AV E LAF AYE T TE ST AV E UL F UM AV E BLE AVE ER EP U B LIC AVE ST IMSON ST ST HUGGINS ST EH OB IT N DR T RE E RAIN R ON D CLAYT E AR CE EG ARO NA VE E FA Y LE AV E EL DY L WARD RD GY AV E 46 DR AMY D ST RL AN MCFA R TT E D GIL LE N ON L AR DS RICH RIG HT ES AV E T ER LIN GA VE ED EF E EA VE AV E EP EW UNN ICU TT A EA VE DO UE AV E PE G H1 N ST E AR CE EH VA DON O ST WI N N RD NOL A RD UNN ICU TT O NT AV E AC KA VE WJ AM ES AVE M BE AU T NE VADA ST RD WH WS T ER LIN GA EF E VE EA VE T MS HA ST AL NE T IN S A WM ST ER T LS BO ST W IE BO ST V IS TRA ST WP Y ILE DA A GR TH S WO R WJ WD SA VE AV E IAM MIR ST ZRO A WN T SS LE S BAY ST MORR IS WIL LOW ST ASH ST T E XA PE G GY AV E PE A RL AV E RUT HA VE MARIAN AVE WA DO U E AV E NS Y RD MABR U RD BAY O T UR IS ST S NI A ST ELLA ST W MIR IAM AVE EL M ST OR A N IS SO O IZ R A M ST ST IMSON ST RIGGS ST YU PON ST O FL A DA RI T YU PON AVE AM ST WIL LOW ST AB AL CA LI F HIL LS ST DENBY ST DANIEL ST THOMPSON ST AH UT T TS CARVER ST OAK ST YL AR CARNEGIE ST M ED ISON AVE RD ST HAWT HORNE AVE BARRYMOR E B LVD NA LI ST ST RO CA ST D AN E AV WT GENT RY DR IE R CI Y KY ARKAN SA S ST E RS ST UC NT KE W NE JE AV O N IC ILLIN OIS ST GI NI A AV E LINDB ER G AVE MAYO ST V CI WISCON SIN ST VI R GU LF ST ST W FORREST AVE 46 RD LTO N KNO W O ST G R LA Y DR PAT S R NE D FO RTU AV E BE LA H1 ST DR IE R LAN NS R CE DA FO RT FE V R E RD LINDENWOOD DR W L OB IT AVE AV E HARV EY AVE VIS TA LIVE OAK AVE ROSEW OOD DR FLEETW OOD DR EG RN CA BL AF FE R ST DR DR J B LE IDLEW OOD DR ST ST ON HOU EL MWOO D DR E RK MA RE SC OT T AVE R IN AUS T MAP LEW OOD DR IUM AD ST JBL E FE V WIL LIAM AVE BRENTWO OD DR IE R LAN BA YW AY O HU MB LE AV E WIL BURN DR W H OMAN AVE DR LO NG VE ART A ST E W AV E NC IS E F RA AV E MAN E HO AV E ALVA HARVAR D ST W F RANC IS AVE N JON ES ST W MORR EL L AVE D STATE ST PARK ST ON TA RI GRE SHAM AVE RICE ST PARK ST HARVAR D ST SC HILL ING AVE R R AY D MIDW H BUS C RAMP T 0 LA NI E ND S 33 RAMP H RD ST HARO LD L N COL UMBIA ST UR SP GRA NTHA M RD LLOY D DR LN SMIT BOB NE W C KE LLY HAROLD L N E DR T INW OOD DR PAMELA DR DO RR IS E WY T ROB ER K DR OW IC MEA D N DR W G LE O D MEA KE TTE RIN G YMC A D R RIVER BEND DR T NOR THW OOD D R N2 DR RD S NO LL DR D 0TH T OR R PR OC IC DR N3 DE CK ER DC SC EN RE ST DR AMMON S ST / 30 O GAR TH RD SS 3 RO CK YK HS 30 S 5T SS 3 S 7T W O Neighborhood Empowerment Zone 30 T SS 3

94 BAYTOWN CITY COUNCIL MEETING 7. a. Meeting Date: 06/12/2014 Subject: Consider Authorizing the Closeout and Acceptance of the Fire Training Facility Project Phase I Prepared for: Shon Blake, Fire Prepared by: Karen Horner, Legal Department: Fire Information ITEM Consider an ordinance authorizing the closeout and acceptance of the Fire Training Facility Project Phase I and the final payment and release of retainage to Cox Commercial Construction LLC. PREFACE This proposed ordinance provides for the closeout and acceptance of the Fire Training Facility Project Phase I and the final payment and release of retainage to Cox Commercial Construction LLC, in the amount of $ 92, The scope of work included the construction of a 3,200 square foot, two story burn building on the acre site on Bayway Drive, including an entrance road, associated utilities, storm drainage, a confined space prop and decorative pavement. The original contract price was $1,598, and two deduct change orders totaling $140, were issued. Therefore, the final contract price is $1,457, This project was completed on schedule and below budget. RECOMMENDATION Staff recommends approval. Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): CIPF Funds Budgeted Y/N: Amount Needed: $92, Fiscal Impact (Additional Information): The payment amount consists of $20, for final work and $71, for the release of funds withheld from prior payments to the contractor.

95 Contractor's Affidavit Consent of Surety Engineer's Certificate of Completion Ordinance - Final Pay Ordinance No. 12,562 Attachments

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100 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE FIRE TRAINING FACILITY PROJECT PHASE I; AUTHORIZING FINAL PAYMENT OF THE SUM OF NINETY-TWO THOUSAND TWO HUNDRED EIGHTY AND 84/100 DOLLARS ($92,280.84) TO COX COMMERCIAL CONSTRUCTION LLC, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************************************************** WHEREAS, the City of Baytown contracted with Cox Commercial Construction LLC, for the Fire Training Facility Project Phase I (the Project ); and WHEREAS, all of the said improvements, as provided in the plans and specifications heretofore prepared by the City s engineer and as approved and adopted by the City Council have been performed and completed in full accordance with all of the terms and conditions of the aforesaid contract; and WHEREAS, the City s engineer in the manner provided by the terms of the said contract and the plans and specifications thereof, has approved and accepted the Fire Training Facility Project Phase I, has heretofore issued his Certificate of Final Acceptance, has certified same to the City Council, and has recommended that it accept and receive said work and improvements as constructed and completed by Contractor; and WHEREAS, there remains due and owing to Cox Commercial Construction LLC, the sum of NINETY- TWO THOUSAND TWO HUNDRED EIGHTY AND 84/100 DOLLARS ($92,280.84); NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council hereby accepts and approves the above-described work and improvements, and finds and determines that all of said improvements have been completed as provided in the plans and specifications thereof, and in full accordance with all of the terms and provisions of the aforesaid contract. Section 2: That the Certificate of Final Acceptance heretofore issued by the City s engineer and certified to the City Council is hereby accepted and received. Section 3: That final payment to Cox Commercial Construction LLC, in the amount of NINETY- TWO THOUSAND TWO HUNDRED EIGHTY AND 84/100 DOLLARS ($92,280.84) is hereby authorized. Section 4: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 12 th day of June, ATTEST: DAVID MCCARTNEY, Mayor Pro Tem LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Ordinances\2014\June 12\FinalPay4FireTrainingCenterProject-PhaseI.doc

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102 BAYTOWN CITY COUNCIL MEETING 7. b. Meeting Date: 06/12/2014 Subject: Consider Authorizing Change Order No. 1 for the 2014 Annual Concrete Work Contract. Prepared for: Darryl Fourte, Public Works Prepared by: Linda Malak, Finance Department: Public Works Information ITEM Consider an ordinance authorizing Change Order No. 1 for the Annual Concrete Work Contract with Teamwork Construction Services, Inc. PREFACE This proposed ordinance authorizes Change Order No. 1 in an amount not to exceed $250,000 with Teamwork Construction Services, Inc. ("Teamwork") for the 2014 Annual Concrete Work contract. Change Order No. 1 will allow the Teamwork to perform additional concrete work for and on behalf of the City and increases the original contract amount by 25%, which is the maximum amount authorized by law. With this change order, the total cost of this contract is $1,250, RECOMMENDATION Staff recommends approval. Ordinance - Change Order No. 1 Ordinance No. 12,563 Attachments

103 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 1 WITH TEAMWORK CONSTRUCTION SERVICES, INC., FOR THE 2014 ANNUAL CONCRETE WORK CONTRACT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT OF TWO HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($250,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************************************************ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council does hereby authorize Change Order No. 1 with Teamwork Construction Services, Inc., for the 2014 Annual Concrete Work Contract. A copy of said change order is attached hereto, marked Exhibit A and made a part hereof for all intents and purposes. Section 2: That the City Council of the City of Baytown hereby authorizes the payment in an amount of TWO HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($250,000.00) to Teamwork Construction Services, Inc., for the change order authorized in Section 1 hereinabove. Section 3: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 12 th day of June, ATTEST: DAVID MCCARTNEY, Mayor Pro Tem LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Ordinances\2014\June 12\ChangeOrderNo1AnnualConcreteWorkContract.doc

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106 BAYTOWN CITY COUNCIL MEETING 7. c. Meeting Date: 06/12/2014 Subject: Microsoft Enterprise Agreement for all City servers Prepared for: Edward Tomjack, Information Technology Services Prepared by: Edward Tomjack, Information Technology Services Department: Information Technology Services Information ITEM Consider an ordinance authorizing a Microsoft Enterprise Agreement with SHI/Government Solutions, Inc., for the use of the software on city servers. PREFACE This proposed ordinance authorizes the payment to SHI/Government Solutions, Inc., in the amount of $63, for year one of a three-year agreement to establish a Microsoft Enterprise Agreement (EA) and Software Assurance (SA) for all City servers. SHI is the sole vendor of EA and SA agreements under Texas DIR Contract Number DIR-SDD The EA and SA agreement provides the City with the licenses necessary for the use and maintenance of all Microsoft-based servers; Exchange, SQL, Windows. These servers enable the and database functions used in every City department. RECOMMENDATION Staff recommends approval. Fiscal Impact Fiscal Year: 2014 Acct Code: Source of Funds (Operating/Capital/Bonds): Capital Funds Budgeted Y/N: Y Amount Needed: $63, Fiscal Impact (Additional Information): Attachments

107 Microsoft EA for servers Example Agreement Ordinance - DIR Agreement Ordinance No. 12,564

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109 Enterprise Enrollment State and Local Enterprise Enrollment number (Microsoft to complete) Proposal ID/Framework ID Previous Enrollment number (Reseller to complete) Earliest expiring previous Enrollment end date 1 This Enrollment must be attached to a signature form to be valid. This Microsoft Enterprise Enrollment is entered into between the entities as identified in the signature form as of the effective date. Enrolled Affiliate represents and warrants it is the same Customer, or an Affiliate of the Customer, that entered into the Enterprise Agreement identified on the program signature form. This Enrollment consists of: (1) these terms and conditions, (2) the terms of the Enterprise Agreement identified on the signature form, (3) the Product Selection Form, (4) any supplemental contact information form or Previous Agreement/Enrollment form that may be required, (5) any order submitted under this Enrollment. This Enrollment may only be entered into under a 2011 or later Enterprise Agreement. All terms used but not defined are located at In the event of any conflict the terms of this Agreement control. Effective date. If Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or more previous Enrollments or agreements, then the effective date will be the day after the first prior Enrollment or agreement expires or terminates. Otherwise, the effective date will be the date this Enrollment is accepted by Microsoft. Any reference to anniversary date refers to the anniversary of the effective date each year this Enrollment is in effect. Term. The initial term of this Enrollment will expire on the last day of the month, 36 full calendar months from the effective dateof the initial term. If the Enrollment is renewed, the renewal term will expire 36 full calendar months after the effective date of the renewal term. Any reference in this Enrollment to "day" will be a calendar day. Product order. The Reseller will provide Enrolled Affiliate with Enrolled Affiliate s Product pricing and order. Prices and billing terms for all Products ordered will be determined by agreement between Enrolled Affiliate and the Reseller.The Reseller will provide Microsoft with the order separately from this Enrollment. Terms and Conditions 1. Definitions. Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement. The following definitions are used in this Enrollment: Additional Product means any Product identified as such in the Product List and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Service means any Online Service designated as an Enterprise Online Service in the Product List and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are treated as Online Services, except as noted. Enterprise Product means any Desktop Platform Product that Microsoft designates as an Enterprise Product in the Product List and chosen by Enrolled Affiliate under this Enrollment. Enterprise

110 Products must be licensed for all Qualified Devices and Qualified Users on an Enterprise-wide basis under this program. Expiration Date means the date upon which the Enrollment expires. Industry Device (also known as line of business device) means any device that: (1) is not useable in its deployed configuration as a general purpose personal computing device (such as a personal computer), a multi-function server, or a commercially viable substitute for one of these systems; and (2) only employs an industry or task-specific software program (e.g. a computer-aided design program used by an architect or a point of sale program) ( Industry Program ). The device may include features and functions derived from Microsoft software or third-party software. If the device performs desktop functions (such as , word processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance), then the desktop functions: (1) may only be used for the purpose of supporting the Industry Program functionality; and (2) must be technically integrated with the Industry Program or employ technically enforced policies or architecture to operate only when used with the Industry Program functionality. L&SA means a License with Software Assurance for any Product ordered. Qualified Device means any device that is used by or for the benefit of Enrolled Affiliate s Enterprise and is: (1) a personal desktop computer, portable computer, workstation, or similar device capable of running Windows Professional locally (in a physical or virtual operating system environment), OR (2) a device used to access a virtual desktop infrastructure ( VDI ).. Qualified Devices do not includeany device that is: (1) designated as a server and not used as a personal computer, OR (2) an Industry Device, OR (3) not managed (as defined in the Product List at the start of the applicable initial or renewal term of the Enrollment) as part of Enrolled Affiliate s Enterprise. At its option, the Enrolled Affiliate may designate any device excluded above (e.g., Industry Device) that is used by or for the benefit of the Enrolled Affiliate s Enterprise as a Qualified Device for all or a subset of Enterprise Products or Online Services the Enrolled Affiliate has selected. Qualified User means a person (e.g., employee, consultant, contingent staff) who: (1) is a user of a Qualified Device, or (2) accesses any server software requiring an Enterprise Product Client Access License or any Enterprise Online Service. It does not include a person who accesses server software or an Online Service solely under a License identified in the Qualified User exemptions in the Product List. Reserved License means for an Online Service identified as eligible for true-ups in the Product List, the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service available for activation. Transition means the conversion of one or more License to or from another License(s). Products eligible for Transition and permitted Transitions are identified in the Product List. Transition Period means the time between the Transition and the next Enrollment anniversary date for which the Transition is reported. 2. Order requirements. a. Minimum Order requirements. Enrolled Affiliate s Enterprise must have a minimum of 250 Qualified Users or Qualified Devices. The initial order must include at least 250 Licenses for Enterprise Products or Enterprise Online Services. (i) Enterprise Commitment. If ordering any Enterprise Products, Enrolled Affiliate s order must include coverage for all Qualified Users or Qualified Devices, depending on the License Type, of one or more Enterprise Products or a mix of Enterprise Products and the corresponding Enterprise Online Services. (ii) Enterprise Online Services. If ordering Enterprise Online Services only, then Enrolled Affiliate must maintain at least 250 Subscription Licenses. b. Additional Products. Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products and Services. c. Product Use Rights for Enterprise Products. For Enterprise Products, if a new Product version has more restrictive use rights than the version that is current at the start of the EA2013EnrGov(US)SLG(ENG)(Oct2013) Page 2 of 9

111 applicable initial or renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled Affiliate s use of that Product during that term. d. Country of usage. Enrolled Affiliate must specify the countries where Licenses will be used on its initial order and on any additional orders. e. Adding Products. (i) Adding new Products not previously ordered. Enrolled Affiliate may add new Enterprise Products by entering into a new Enrollment or as part of a renewal. New Enterprise Online Services may be added by contacting a Microsoft Account Manager or Reseller. New Additional Products, other than Online Services, may be used if an order is placed in the month the Product is first used. For Additional Products that are Online Services, an initial order for the Online Service is required prior to use. (ii) Adding Licenses for previously ordered Products. Additional Licenses for previously ordered Products must be included in the next true-up order. Enrolled Affiliate must purchase Services and Licenses for Online Services prior to use, unless the Online Services are (1) identified as eligible for true-up in the Product List or (2) included as part of other Licenses (e.g., Enterprise CAL). f. True-up requirements. (i) True-up order. Enrolled Affiliate must submit an annual true-up order that accounts for changes since the initial order or last true-up order, including: (1) any increase in Licenses, including any increase in Qualified Devices or Qualified Users and Reserved Licenses; (2) Transitions (if permitted); or (3) Subscription License quantity reductions (if permitted). Microsoft, at its discretion, may validate the customer trueup data submitted through a formal product deployment assessment using an approved Microsoft partner. (ii) Enterprise Products. Enrolled Affiliate must determine the number of Qualified Devices and Qualified Users (if ordering user-based Licenses) at the time the true-up order is placed and must order additional Licenses for all Qualified Devices and Qualified Users that are not already covered by existing Licenses, including any Enterprise Online Services. (iii) Additional Products. For Products that have been previously ordered, Enrolled Affiliate must determine the Additional Products used and order the License difference (if any). (iv) Online Services. For Online Services identified as eligible for true-up orders in the Product List, Enrolled Affiliate may first reserve the additional Licenses prior to use. Microsoft will provide a report of Reserved Licenses in excess of existing orders to Enrolled Affiliate and its Reseller. Reserved Licenses will be invoiced retroactively for the prior year based upon the month in which they were reserved. (v) Transitions. Enrolled Affiliate must report all Transitions. Transitions may result in an increase in Licenses to be included on the true-up order and a reduction of Licenses for prior orders. Reductions in Licenses will be effective at end of the Transition Period. Associated invoices will also reflect this change. For Licenses paid upfront, Microsoft will issue a credit for the remaining months of Software Assurance or Subscription Licenses thatwere reduced as part of the Transition. (vi) True-up due date. The true-up order must be received by Microsoft between 60 and 30 days prior to the Enrollment anniversary date. The third-year anniversary true-up order is due within 30 days prior to the Expiration Date. Enrolled Affiliate may true-up more often than at each Enrollment anniversary date except for Subscription License reductions. (vii)late true-up order. If the true-up order is not received when due: 1) Microsoft will invoice Reseller for all Reserved Licenses not previously ordered. 2) Transitions and Subscription License reductions cannot be reported until the following Enrollment anniversary date (or at Enrollment renewal, as applicable). EA2013EnrGov(US)SLG(ENG)(Oct2013) Page 3 of 9

112 (viii) Subscription License reductions. Enrolled Affiliate may reduce the quantity of Subscription Licenses on a prospective basis if permitted in the Product List as follows: 1) For Subscription Licenses part of an Enterprise-wide purchase, Licenses may be reduced if the total quantity of Licenses and Software Assurance for an applicable group meets or exceeds the quantity of Qualified Devices identified on the Product Selection Form. Step-up Licenses do not count towards this total count. 2) For Enterprise Online Services not a part of an Enterprise-wide purchase, Licenses can be reduced as long as the initial order minimum requirements are maintained. 3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may reduce the Licenses. If the License count is reduced to zero, then Enrolled Affiliate s use of the applicable Subscription License will be cancelled. Invoices will be adjusted to reflect any reductions in Subscription Licenses at the trueup order Enrollment anniversary date and effective as of such date. (ix) Update statement. An update statement must be submitted instead of a true-up order if, as of the initial order or last true-up order, Enrolled Affiliate s Enterprise has not: (1) changed the number of Qualified Devices and Qualified Users licensed with Enterprise Products or Enterprise Online Services; and (2) increased its usage of Additional Products. This update statement must be signed by Enrolled Affiliate s authorized representative. The update statement must be received by Microsoft between 60 and 30 days prior to the Enrollment anniversary date. The last update statement is due within 30 days prior to the Expiration Date. g. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate may step-up to a higher edition or suite as follows: (i) For step-up Licenses included on an initial order, Enrolled Affiliate may order according to the true-up process. (ii) If step-up Licenses are not included on an initial order, Enrolled Affiliate may step-up initially by following the process described in the Section titled Adding new Products not previously ordered, then for additional step-up Licenses, by following the true-up order process. (iii) If Enrolled Affiliate has previously ordered an Online Service as an Additional Product and wants to step-up to an Enterprise Online Service eligible for a Transition, the step-up may be reported as a Transition. (iv) If Enrolled Affiliate Transitions a License, it may be able to further step-up the Transitioned License. If Enrolled Affiliate chooses to step-up and the step-up License is separately eligible to be Transitioned, such step-up Licenses may result in a License reduction at the Enrollment anniversary date following the step-up. h. Clerical errors. Microsoft may correct clerical errors in this Enrollment, and any documents submitted with or under this Enrollment, by providing notice by and a reasonable opportunity for Enrolled Affiliate to object to the correction. Clerical errors include minor mistakes, unintentional additions and omissions. This provision does not apply to material terms, such as the identity, quantity or price of a Product ordered. 3. Pricing. a. Price Levels. For both the initial and any renewal term Enrolled Affiliate s Price Level for all Products ordered under this Enrollment will be Level D throughout the term of the Enrollment. Price Level s will be captured in the Product Selection Form. b. Setting Prices. Enrolled Affiliate s prices for each Product will be established by its Reseller. As long as Enrolled Affiliate continues to qualify for the same price level, Microsoft s prices for Resellers for each Product or Service will be fixed throughout the applicable initial or renewal Enrollment term. However, if Enrolled Affiliate qualifies for a different price level, Microsoft will establish a new price level for future new orders either EA2013EnrGov(US)SLG(ENG)(Oct2013) Page 4 of 9

113 upon Enrolled Affiliate s request or on its own initiative. Any changes will be based upon price level rules in the Product Selection Form. 4. Payment terms. For the initial or renewal order, Enrolled Affiliate may pay upfront or elect to spread its payments over the applicable Enrollment term. If spread payments are elected, unless indicated otherwise, Microsoft will invoice Enrolled Affiliate s Reseller in three equal annual installments. The first installment will be invoiced upon Microsoft s acceptance of this Enrollment and on each Enrollment anniversary date. Subsequent orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront for Online Services and upfront for all other Licenses. 5. Transitions. a. Transition requirements. (i) Licenses with active Software Assurance or Subscription Licenses may be Transitioned at any time if permitted in the Product List. Enrolled Affiliate may not, however, reduce the quantity of Licenses or associated Software Assurance prior to the end of the Transition Period. (ii) Enrolled Affiliate must order the Licenses to which it is transitioning for the year(s) following the Transition Period. (iii) If a Transition is made back to a License that had active Software Assurance as of the date of Transition, then Software Assurance must be re-ordered for all such Licenses on a prospective basis following the Transition Period. Software Assurance coverage may not exceed the quantity of perpetual Licenses for which Software Assurance was current at the time of any prior Transition. Software Assurance may not be applied to Licenses transferred by Enrolled Affiliate. (iv) If a device-based License is Transitioned to a user-based License, all users of the device must be licensed as part of the Transition. (v) If a user-based License is Transitioned to a device-based License, all devices accessed by the user must be licensed as part of the Transition. b. Effect of Transition on Licenses. (i) Transition will not affect Enrolled Affiliate s rights in perpetual Licenses paid in full. (ii) New version rights will be granted for perpetual Licenses covered by Software Assurance up to the end of the Transition Period. (iii) For L&SA not paid in full at the end of the Transition Period, Enrolled Affiliate will have perpetual Licenses for a proportional amount equal to the amounts paid for the Transitioned Product as of the end of the Transition Period. (iv) For L&SA not paid in full or granted a perpetual License in accordance with the above or Subscription Licenses, all rights to Transitioned Licenses cease at the end of the Transition Period. 6. End of Enrollment term and termination. a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses for Products it has used but has not previously submitted an order, except as otherwise provided in this Enrollment. b. Renewal Option. At the Expiration Date of the initial term, Enrolled Affiliate can renew Products by renewing the Enrollment for one additional 36 full calendar month term or signing a new Enrollment. Microsoft must receive a Product Selection Form and renewal order prior to or at the Expiration Date. The renewal term will start on the day following the Expiration Date. Microsoft will not unreasonably reject any renewal. Microsoft may EA2013EnrGov(US)SLG(ENG)(Oct2013) Page 5 of 9

114 make changes to this program that will make it necessary for Customer and its Enrolled Affiliates to enter into new agreements and Enrollments at renewal. c. If Enrolled Affiliate elects not to renew. (i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software Assurance later without first acquiring L&SA. (ii) Online Services eligible for an Extended Term. For Online Services identified as eligible for an Extended Term in the Product List, the following options are available at the end of the Enrollment initial or renewal term. 1) Extended Term. Licenses for Online Services will automatically expire in accordance with the terms of the Enrollment. An extended term feature that allows Online Services to continue month-to-month ( Extended Term ) is available. During the Extended Term, Online Services will be invoiced monthly at the then-current published price for Enrolled Affiliate s price level as of the Expiration Date plus a 3% administrative fee for up to one year. If Enrolled Affiliate does want an Extended Term, Resellermust submit a request to Microsoft. Microsoft must receive the request not less than 30 days prior to the Expiration Date. 2) Cancellation during Extended Term. If Enrolled Affiliate has opted for the Extended Term and later determines not to continue with the Extended Term, Resellermust submit a notice of cancellation for each Online Service. Cancellation will be effective at the end of the month following 30 days after Microsoft has received the notice. (iii) Subscription Licenses and Online Services not eligible for an Extended Term. If Enrolled Affiliate elects not to renew, the Licenses will be cancelled and will terminate as of the Expiration Date. Any associated media must be uninstalled and destroyed and Enrolled Affiliate s Enterprise must discontinue use. Microsoft may request written certification to verify compliance. (iv) Customer Data. Upon expiration or termination of a License for Online Services, Microsoft will keep Customer s Data in a limited function account for 90 days so that Customer may extract it. Enrolled Affiliate will reimburse Microsoft if there are any associated costs. After 90 days Microsoft will disable Enrolled Affiliate s account and will delete its Customer Data. Enrolled Affiliate agrees that, other than as described above, Microsoft has no obligation to continue to hold, export or return Enrolled Affiliate s Customer Data and that Microsoft has no liability whatsoever for deletion of Enrolled Affiliate s Customer Data pursuant to these terms. d. Termination for cause. Any termination for cause of this Enrollment will be subject to the Termination for cause section of the Agreement. e. Early termination. Any Early termination of this Enrollment will be subject to the Early Termination Section of the Enterprise Agreement. For Subscription Licenses, in the event of a breach by Microsoft, Microsoft will issue Reseller a credit for any amount paid in advance that would apply after the date of termination. EA2013EnrGov(US)SLG(ENG)(Oct2013) Page 6 of 9

115 Enrollment Details 1. Enrolled Affiliate s Enterprise. a. Identify which Agency Affiliates are included in the Enterprise. (Required) Enrolled Affiliate s Enterprise must consist of entire offices, bureaus, agencies, departments or other entities of Enrolled Affiliate, not partial offices, bureaus, agencies, or departments, or other partial entities. Enrolled Affiliate s organization includes. Check only one box in this section. If no boxes are checked, Microsoft will deem the Enterprise to include the Enrolled Affiliate only. If more than one box is checked, Microsoft will deem the Enterprise to include the largest number of Affiliates: Enrolled Affiliate only Enrolled Affiliate and the following Affiliate(s) (Only identify specific affiliates to be included if fewer than all Affiliates are to be included in the Enterprise): Enrolled Affiliate and all Affiliates, with following Affiliate(s) excluded: b. Please indicate whether the Enrolled Affiliate s Enterprise will include all new Affiliates acquired after the start of this Enrollment: Check only one box in this section: Enrolled Affiliate s Enterprise will include all new Affiliates acquired after the start of this Enrollment Enrolled Affiliate s Enterprise will not include all new Affiliates acquired after the start of this Enrollment If no selection is made, or if both boxes are checked, Microsoft will deem the Enterprise to include all future Affiliates 2. Contact information. Each party will notify the other in writing if any of the information in the following contact information page(s) changes. The asterisks (*) indicate required fields. By providing contact information, Enrolled Affiliate consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties that help administer this Enrollment. The personal information provided in connection with this Enrollment will be used and protected in accordance with the privacy statement available at a. Primary contact. This contact is the primary contact for the Enrollment from within Enrolled Affiliate s Enterprise. This contact is also an Online Administrator for the Volume Licensing Service Center and may grant online access to others. The primary contact will be the default contact for all purposes unless separate contacts are identified for specific purposes Name of entity (must be legal entity name)* City of Baytown Contact name* First Last Contact address* Street address* EA2013EnrGov(US)SLG(ENG)(Oct2013) Page 7 of 9

116 City* State/Province* Postal code* - (For U.S. addresses, please provide the zip + 4, e.g. xxxxx-xxxx) Country* Phone* Tax ID * indicates required fields b. Notices contact and Online Administrator. This contact (1) receives the contractual notices, (2) is the Online Administrator for the Volume Licensing Service Center and may grant online access to others, and (3) is authorized for applicable Online Services to add or reassign Licenses, step-up, and initiate Transitions prior to a true-up order. Same as primary contact (default if no information is provided below, even if the box is not checked). Contact name* First Last Contact address* Street address* City* State/Province* Postal code* - (For U.S. addresses, please provide the zip + 4, e.g. xxxxx-xxxx) Country* Phone* Language preference. Choose the language for notices. English This contact is a third party (not the Enrolled Affiliate). Warning: This contact receives personally identifiable information of the Customer and its Affiliates. * indicates required fields c. Online Services Manager. This contact is authorized to manage the Online Services ordered under the Enrollment and (for applicable Online Services) to add or reassign Licenses, step-up, and initiate Transitions prior to a true-up order. Same as notices contact and Online Administrator (default if no information is provided below, even if box is not checked) Contact name*: First Last Contact address* Phone* This contact is from a third party organization (not the entity). Warning: This contact receives personally identifiable information of the entity. * indicates required fields d. Reseller information. Reseller contact for this Enrollment is: Reseller company name* SHI International Corp Street address (PO boxes will not be accepted)* 290 Davidson Ave City* Somerset State/Province* NJ Postal code* Country* USA Contact name* Phone* Contact address* * indicates required fields EA2013EnrGov(US)SLG(ENG)(Oct2013) Page 8 of 9

117 By signing below, the Reseller identified above confirms that all information provided in this Enrollment is correct. Signature* Printed name* Printed title* Date* * indicates required fields Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with each other, Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or the Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the other party using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect. e. If Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental Contact Information form. Otherwise, the notices contact and Online Administrator remains the default. (i) Additional notices contact (ii) Software Assurance manager (iii) Subscriptions manager (iv) Customer Support Manager (CSM) contact 3. Financing elections. Is a purchase under this Enrollment being financed through MS Financing? No If a purchase under this Enrollment is financed through MS Financing, and Enrolled Affiliate chooses not to finance any associated taxes, it must pay these taxes directly to Microsoft Licensing, GP. EA2013EnrGov(US)SLG(ENG)(Oct2013) Page 9 of 9

118 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SIXTY-THREE THOUSAND EIGHT HUNDRED TWELVE AND 90/100 DOLLARS ($63,812.90) TO SHI/GOVERNMENT SOLUTIONS, INC., FOR A MICROSOFT ENTERPRISE AGREEMENT AND SOFTWARE ASSURANCE FOR ALL CITY SERVERS THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************************************** WHEREAS, the City of Baytown has entered into an interlocal cooperative contract with the Texas Department of Information Resources ( DIR ) for a Microsoft Enterprise Agreement and Software Assurance for all City servers; 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-THREE THOUSAND EIGHT HUNDRED TWELVE AND 90/100 DOLLARS ($63,812.90) to SHI/Government Solutions, Inc., for a Microsoft Enterprise Agreement and Software Assurance for all City servers. 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 twentyfive 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 12 th day of June, DAVID MCCARTNEY, Mayor Pro Tem

119 ATTEST: LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Ordinances\2013\August 8\DIRMicrosoftOfficePurchase.doc 2

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122 BAYTOWN CITY COUNCIL MEETING 7. d. Meeting Date: 06/12/2014 Subject: Amending Section "Fees" of the Code of Ordinances, Baytown, Texas Prepared for: Jose Pastrana, Engineering Prepared by: Linda Newsted, Engineering Department: Engineering Information ITEM Consider an ordinance amending Chapter 34 "Environment," Article V "Hazardous Substances, Liquids and Gas Pipelines," Division 2 "Permit and Registration," Section "Fees" of the Code of Ordinances, Baytown, Texas, to increase the permit application and renewal fees. PREFACE This proposed ordinance amends Chapter 34 "Environment," Article V "Hazardous Substances, Liquids and Gas Pipelines," Division 2 "Permit and Registration," Section "Fees" of the Code of Ordinances, Baytown, Texas, to increase the fees for the application, and annual renewal fees for permits. Current Application Fee $ $ Permit Annual Renewal $ $ Proposed The increase is deemed necessary because the actual cost to process permits is more accurately represented by the proposed fees. The current fees were established in 1997 and have not been updated since that time This proposed ordinance also imposes interest on late payments similar to that which is imposed on late payments elsewhere in the Code of Ordinances, Baytown, Texas, e.g., ordinances concerning vacant buildings, demolition of buildings, EMS charges, nuisance abatement, etc. RECOMMENDATION Staff recommends approval. Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N:

123 Amount Needed: Fiscal Impact (Additional Information): These fees are credited to the General Fund. Ordinance - Pipeline Fees Ordinance No. 12,565 Attachments

124 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 34 "ENVIRONMENT, ARTICLE V HAZARDOUS SUBSTANCES, LIQUIDS AND GAS PIPELINES, DIVISION 2 PERMIT AND REGISTRATION, SECTION FEES, SUBSECTION (A) OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO INCREASE PIPELINE PERMIT AND ANNUAL FEES; AND AMENDING CHAPTER 34 "ENVIRONMENT, ARTICLE V HAZARDOUS SUBSTANCES, LIQUIDS AND GAS PIPELINES, DIVISION 2 PERMIT AND REGISTRATION, SECTION FEES, OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, BY ADDING A NEW SUBSECTION TO BE NUMBERED SUBSECTION (D) TO PROVIDE FOR INTEREST ON LATE PAYMENTS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. ****************************************************************************** BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That Chapter 34 "Environment, Article V Hazardous Substances, Liquids and Gas Pipelines, Division 2 Permit and Registration, Section Fees, Subsection (a) of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows: CHAPTER 34. ENVIRONMENT ARTICLE V. HAZARDOUS SUBSTANCES, LIQUIDS AND GAS PIPELINES Sec Fees. DIVISION 2. PERMIT AND REGISTRATION (a) Every permit granted under this division, with the exception of those permits necessitated due to an adjustment, relocation or replacement of a pipeline requested or required by the city or another governmental entity, shall provide for the payment by the owner or operator to the city of an initial permit fee in the amount of $ per pipeline and for the payment of an annual fee in the amount of $ per pipeline per year payable annually in advance on or before the anniversary date of the final passage of the ordinance granting such permit. The owner or operator may, at his election and option, pay in advance, at the time the initial permit fee is paid, the aggregate amount of the annual fees to be thereafter payable for the full term covered by the permit, discounted to its then-present value at the prime interest rate then charged by Texas Local Government Investment Pool (TEXPOOL), or its successor in interest. If advance payment is made of such annual fees, no further annual fees shall be payable during the life and term of the permit. Section 2: That Chapter 34 "Environment, Article V Hazardous Substances, Liquids and Gas Pipelines, Division 2 Permit and Registration, Section Fees of the

125 Code of Ordinances, City of Baytown, Texas, is hereby amended to add subsection (d), which subsection shall read as follows: CHAPTER 34. ENVIRONMENT ARTICLE V. HAZARDOUS SUBSTANCES, LIQUIDS AND GAS PIPELINES DIVISION 2. PERMIT AND REGISTRATION Sec Fees.... (d) The annual payments required in subsections (a) and (b) of this section that are not timely paid shall accrue interest at the rate of ten percent per annum. Section 3: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 4: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or the set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. Section 5: This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10) days after passage of this ordinance. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 12 th day of June, ATTEST: DAVID MCCARTNEY, Mayor Pro Tem LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Ordinances\2014\June 12\PipelineFees.docx 2

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128 BAYTOWN CITY COUNCIL MEETING 7. e. Meeting Date: 06/12/2014 Subject: Consider authorizing the sale of surplus property located at 607 S. Burnet. Prepared for: Drew Potts, Finance Prepared by: Karen Horner, Legal Department: Finance Information ITEM Consider an ordinance authorizing the sale of the property located at 607 S. Burnet to Ronnie Wallace. PREFACE This proposed ordinance authorizes the sale of the property located at 607 S. Burnet to Ronnie Wallace for $13,500. The City originally acquired this property in 2008 as part of the FEMA buyout program; however, after acquiring three properties, the City decided not to participate in the program. The City was contacted by Mr. Wallace regarding the possible purchase of the property. Thereafter, the City put the property up for bid and established a minimum bid price of $12,760 based upon HCAD value of the adjoining lot. The bid opening was 2:00 p.m. on May 27, Only one invitation to bid package was picked up and only one bid was received. Should the City Council wish to accept the offer to purchase, the City will convey the property via a deed without warranty and the property will be placed back on the tax rolls. RECOMMENDATION Staff recommends approval. Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact Fiscal Impact (Additional Information): Proceeds from this sale will be credited to the General Fund. Attachments

129 Ordinance - Sale of 607 S Burnet Exhibit A - Deed without Warranty Ordinance No. 12,566

130 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE SALE OF THE PROPERTY LOCATED AT 607 S. BURNET, BAYTOWN, HARRIS COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED AS TR 7C, ABST 44, N. LYNCH SURVEY, HARRIS COUNTY, TEXAS, TO RONNIE WALLACE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************************************** WHEREAS, the City of Baytown advertised to accept offers for the sale of the property located at 607 S. Burnet, and more particularly described as Tr 7C, Abst 44, N. Lynch Survey, Harris County, Texas, to be received on May 27, 2014; and WHEREAS, notice to bidders as to the time and place, when and where the offers would be accepted was published pursuant to the provisions of Chapter 272 of the Texas Local Government Code; and WHEREAS, all bids were opened and publicly read in the Municipal Service Center at 2:00 p.m., Tuesday, May 27, 2014, as per published notice to bidders; and WHEREAS, contingent upon the receipt of THIRTEEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($13,500.00), the City is willing to sell the Property to Ronnie Wallace; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That contingent upon the receipt of THIRTEEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($13,500.00), the City Council of the City of Baytown, Texas, hereby authorizes the sale of the property located at 607 S. Burnet, and more particularly described as Tr 7C, Abst 44, N. Lynch Survey, Harris County, Texas. Section 2: That upon the satisfaction of the contingency detailed in Section 1 hereof, the City Manager is hereby granted the general authority to execute a deed without warranty, conveying its interest in the property described in Exhibit A to Ronnie Wallace. 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 12 th day of June, DAVID MCCARTNEY, Mayor Pro Tem

131 ATTEST: LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Ordinances\2014\June 12\Saleof607SBurnett.doc 2

132 Exhibit "A"

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140 BAYTOWN CITY COUNCIL MEETING 7. f. Meeting Date: 06/12/2014 Subject: Tax-Exempt Lease Purchase Refinancing Proposal Prepared for: Louise Richman, Finance Prepared by: Erica Barksdale, Finance Department: Finance Information ITEM Consider an ordinance authorizing the refinancing of the energy savings conservation project which was engineered, designed, constructed and commissioned by Johnson Controls, Inc. (ESCO) for the City of Baytown pursuant to an Energy Performance Contract dated October 28, PREFACE This proposed ordinance authorizes the refinancing of the energy savings conservation project which was engineered, designed, constructed and commissioned by Johnson Controls, Inc. (ESCO) for the City of Baytown pursuant to an Energy Performance Contract dated October 28, This refinancing of the energy performance contract in the amount of $2,579,696.15, with a refinance interest rate of 2.15%, will generate savings of $229, in interest costs. This lease purchase agreement is entered into with All American Investment Group, LLC. The quarterly lease payments through 4/23/2015 are $89, and thereafter are $90, The final lease payment is on 4/23/2022. RECOMMENDATION Staff recommends approval. Fiscal Impact Fiscal Year: Acct Code: 401 & 522 Source of Funds (Operating/Capital/Bonds): Operating Funds Budgeted Y/N: Y Amount Needed: 0 Fiscal Impact (Additional Information): Refinancing will require no additional funding and will generate savings of $229, Ordinance - Agreement to Refinance Attachments

141 Ordinance No. 12,567

142 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT TO REFINANCE THE 2008 ENERGY SAVINGS CONSERVATION PROJECT WITH ALL AMERICAN INVESTMENT GROUP, LLC; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT IN ACCORDANCE WITH SUCH AGREEMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************************************************* BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the City Manager to execute and the City Clerk to attest to an Agreement to Refinance the 2008 Energy Savings Conservation Project with All American Investment Group, LLC. A copy of the agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes payment to All American Investment Group, LLC, in accordance with the amendment authorized in Section 1 hereinabove. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 12 th day of June, ATTEST: DAVID MCCARTNEY, Mayor Pro Tem LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Ordinances\2014\June 12\RefinanceEnergySavingsConservationProject.doc

143