CITY COUNCIL REGULAR MEETING THURSDAY, AUGUST 11, :30 P.M. COUNCIL CHAMBER, CITY HALL 2401 MARKET STREET BAYTOWN, TEXAS AGENDA

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1 CITY OF BAYTOWN NOTICE OF MEETING CITY COUNCIL REGULAR MEETING THURSDAY, AUGUST 11, :30 P.M. COUNCIL CHAMBER, CITY HALL 2401 MARKET STREET BAYTOWN, TEXAS AGENDA CALL TO ORDER AND ANNOUNCEMENT OF QUORUM PLEDGE AND INVOCATION Council Member Mercedes Renteria III, District No. One 1. MINUTES a. Consider approving the minutes of the Baytown City Council Work Session and Regular Meeting held on July 14, b. Consider approving the minutes of the Baytown City Council Work Session and Regular Meeting held on July 28, SPECIAL DISTRICT BUDGET HEARINGS a. Conduct a public hearing on the Baytown Crime Control and Prevention District Fiscal Year Budget. b. Conduct a public hearing on the Baytown Fire Control, Prevention, and Emergency Medical Services District Fiscal Year Budget.

2 3. PUBLIC HEARINGS a. Conduct the second public hearing regarding the involuntary annexation of approximately acres, situated in the J.W. Singleton Survey, Abstract No. 709, D. McFadden Survey, Abstract No. 591 and C. Smith Survey, Abstract No. 69 for multiple parcels and right-of-way, located approximately 130 feet east of North Main Street, including Blue Heron Parkway right-of-way to Crosby Cedar Bayou Road and portions of Barkuloo Road right-of-way, Harris County, Texas. 4. PROPOSED ORDINANCES a. Consider an ordinance authorizing the sale of the property described as being located on the right-of-way East of Humble Avenue-consisting of 5,000 square feet of right-of-way, 50 feet wide and 100 feet long - located east of South Main Street; between blocks 12 and 13 from the map of the George Wright Tract out of the Thomas Wright (SR) tract in the William Scott lower map in Harris County, Texas, dated August 8, 1922, to Mr. DeWayne McCartney. 5. PROPOSED RESOLUTIONS a. Consider a resolution authorizing a grant application to the FY2017 JAG Grant program through the Houston-Galveston Area Council (H-GAC) on behalf of the Police Department. b. Consider a resolution authorizing the City to submit a grant application to the Texas Intrastate Fire Mutual Aid System Grant Assistance Program through the Texas A&M Forest Service on behalf of the Baytown Fire Department. 6. REPORTS a. Receive a report from the Economic Development Alliance regarding Year Three of the Economic Development Services Agreement for the Tourism and Promotional Services. 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 an interlocal agreement with the Baytown Municipal Development District for the Pirates Bay Water Park addition of an Aqua Loop.

3 b. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for the operation of the Ice Rink at Town Square. c. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for the construction of the Goose Creek Trail Phase VI. d. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for improvements to the Evergreen Park Clubhouse. e. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for improvements to Evergreen Park. f. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for the development and construction of a special needs playground at William B. Travis Elementary School Park. g. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for cleanup on Goose Creek. h. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for the replacement of the Jenkins Park Restroom and the installation of a new restroom at the Wayne Gray Sports Complex. i. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for improvements to the Baytown sports league facilities. j. Consider an ordinance authorizing an agreement with Randall B. Strong for the collection of delinquent taxes, payments in lieu of taxes and bankruptcy collections. k. Consider an ordinance authorizing the renewal of the Annual Installation and Repair of Traffic Signal Equipment Contract to Southwest Signal Supply, Inc. l. Consider an ordinance authorizing the annual renewal of Versaterm Records Management System software and support services contract. m. Consider an ordinance awarding the housing reconstruction projects located at 311 W. Gulf Street, 1804 Chesapeake Street and 1807 Texoma Street.

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5 BAYTOWN CITY COUNCIL MEETING 1. a. Meeting Date: 08/11/2016 Subject: Council Work Session and Regular Meeting Minutes held on July 14, 2016 Prepared for: Leticia Brysch, City Clerk's Office Prepared by: Leticia Brysch, City Clerk's Office Department: City Clerk's Office Information ITEM Consider approving the minutes of the Baytown City Council Work Session and Regular Meeting held on July 14, PREFACE Consider approving the minutes of the Baytown City Council Work Session and Regular Meeting held on July 14, RECOMMENDATION Staff recommends approval CC Minutes WS Minutes Attachments

6 D R A F T MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN July 14, 2016 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, July 14, 2016, at 6:30 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Robert Hoskins David McCartney Chris Presley Mercedes Renteria Stephen H. DonCarlos Rick Davis Ignacio Ramirez Leticia Brysch Keith Dougherty Council Member Council Member Council Member Council Member Mayor City Manager City Attorney City Clerk Sergeant at Arms Mayor DonCarlos convened the July 14, 2016, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present with the exception of Council Members Capetillo and Sain who were both absent. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Hoskins. 1. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Accept the donation of a painting from the family of the late, former City Manager, Fritz Lanham. City Manager Davis presented the agenda item to accept the donation of a painting from the family of the late, former City Manager, Fritz Lanham. b. Present a proclamation designating the month of July as Fair Housing Month in the City of Baytown. Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented to the Community Development Staff a proclamation designating the month of July as Fair Housing Month in the City of Baytown. She stated that in recognition of Fair Housing Month, the Community Development Division is hosting the fourth annual Baytown Better Homes Expo that will take place from 10:00 A.M. to 2:00 P.M., on July 30, 2016 at the Baytown Community Center, 2407 Market Street in Baytown.

7 City Council Regular Meeting Minutes July 14, 2016 Page 2 of CITY OF BAYTOWN MUNICIPAL ELECTION City Clerk, Leticia Brysch requested that agenda items 2.a. and 2.b. be considered together. a. Consider an ordinance calling for the City of Baytown Municipal Election to be held on November 08, 2016, for the purpose of electing three Council Members from Council District Nos. 1, 2 and 3. b. Consider an ordinance authorizing the City Manager to negotiate and execute a Joint Election Agreement with Harris County, Texas, for the Municipal Election to be held on November 08, Mrs. Brysch stated that Ordinance No.13,223 calls for the City of Baytown Municipal Election to be held on November 08, 2016, for the purpose of electing three Council Members from Council District Nos. 1, 2 and 3. Additionally, she stated that Ordinance No.13,224 authorizes the City Manager to negotiate and execute a Joint Election Agreement with Harris County, Texas, for the Municipal Election to be held on November 08, A motion was made by Mayor Pro Tem Robert C. Hoskins and seconded by Council Member David McCartney approving Ordinance No. 13,225. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Chris Presley Nays: None Other: Council Member Brandon Capetillo (Absent), Council Member Terry Sain (Absent) Approved ORDINANCE NO. 13,223 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE 8 th DAY OF NOVEMBER, 2016, FOR THE PURPOSE OF ELECTING COUNCILMEMBERS FOR COUNCIL DISTRICTS ONE (1), TWO (2) AND THREE (3) OF THE CITY OF BAYTOWN; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS; ESTABLISHING THE CENTRAL COUNTING STATION; PROVIDING FOR AN EARLY VOTING BALLOT BOARD FOR EARLY BALLOTS; PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

8 City Council Regular Meeting Minutes July 14, 2016 Page 3 of 13 ORDIANNCE NO. 13,224 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO A JOINT ELECTION AGREEMENT WITH HARRIS COUNTY FOR THE SPECIAL ELECTION TO BE HELD ON THE 8 TH DAY OF NOVEMBER, 2016, UNDER TERMS AND CONDITIONS ACCEPTABLE TO THE CITY MANAGER AND THE CITY ATTORNEY; AUTHORIZING PAYMENT THEREFOR IN AN AMOUNT NOT TO EXCEED THIRTY THOUSAND AND NO/100 DOLLARS ($30,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 3. PROPOSED ORDINANCES a. Consider an ordinance authorizing the placement of new public street lights in Bay Oaks Harbor Subdivision. Planning and Community Development Director, Tiffany Foster presented the agenda item and stated that over a year ago the City accepted streets in the Bay Oaks Harbor subdivision. She stated that the Bay Oaks Harbor Property Owners Association (BOA) requested that the City take over these assets, which is consistent with the process of accepting streets of other developments. Mrs. Foster stated that the subdivision currently have existing older private street lights which would have to be removed first before installing the new street lights. She further stated that the costs associated with the removal of the older streets are approximately $4,600, which has already been submitted to the City from the BOA to be given to Centerpoint at which this project should take Centerpoint about weeks to complete. A motion was made by Council Member David McCartney and seconded by Mayor Pro Tem Robert C. Hoskins approving Ordinance No. 13,225. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Chris Presley Nays: None Other: Council Member Brandon Capetillo (Absent), Council Member Terry Sain (Absent) Approved ORDINANCE NO. 13,225 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PLACEMENT OF STREET LIGHTS IN THE

9 City Council Regular Meeting Minutes July 14, 2016 Page 4 of 13 SPECIFIED RIGHTS-OF-WAY OF THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance adopting the updated Fair Housing Ordinance. CDBG Program Manager, June Tyler presented the agenda item and stated that the Fair Housing Ordinance has been in effect for many years, but hasn't' been updated for some time. She stated that last year, staff went through a process of hiring an consultant to update the City's Fair Housing Plan, in which the consultant also recommended changes to the ordinance that includes in summary an expanded definition section protections for victims of domestic violence and sexual assault, as well as, provisions for the formation of a Fair Housing Commission. A motion was made by Mayor Pro Tem Robert C. Hoskins and seconded by Council Member Chris Presley approving Ordinance No. 13,226. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Chris Presley Nays: None Other: Council Member Brandon Capetillo (Absent), Council Member Terry Sain (Absent) Approved ORDINANCE NO. 13,226 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE IV "BOARDS AND COMMISSIONS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW DIVISION TO BE NUMBERED AND ENTITLED DIVISION 11 "FAIR HOUSING COMMISSION," AMENDING CHAPTER 46 "HUMAN RELATIONS," ARTICLE II "FAIR HOUSING" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO DISCRIMINATION CONCERNING THE SALE, RENTAL, AND FINANCING OF HOUSING BASED UPON RACE, RELIGION, NATIONAL ORIGIN, SEX, AND FAMILIAL STATUS; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

10 City Council Regular Meeting Minutes July 14, 2016 Page 5 of PROPOSED RESOLUTIONS a. Consider a resolution granting the petition of ESV Properties, LP, for the proposed voluntary annexation of approximately 7.45 acres of land, located at 5523 Garth Road which includes the remainder tract that is currently not in the City limits and legally described as part of and out of Lots 7, 9 and 10, Block 22, Highland Farms, Harris County, Texas. Mrs. Foster presented the agenda item and stated that Resolution No grants the petition of ESV Properties, LP, for the proposed voluntary annexation of approximately 7.45 acres of land, outside of the city limits just west of Garth Road. She stated that the proposed development will potentially be a hotel, as well as, additional land for strip center or restaurant. Additionally, she stated that this is a voluntary annexation; therefore, there will be two public hearings for this item at the next meeting in July. A motion was made by Council Member David McCartney and seconded by Council Member Chris Presley approving Resolution No The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Chris Presley Nays: None Other: Council Member Brandon Capetillo (Absent), Council Member Terry Sain (Absent) Approved RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF ESV PROPERTIES, LP, FOR THE PROPOSED ANNEXATION OF APPROXIMATELY 7.45 ACRES OF LAND, LOCATED AT 5523 GARTH ROAD WHICH INCLUDES THE REMAINDER TRACT THAT IS CURRENTLY NOT IN THE CITY LIMITS AND LEGALLY DESCRIBED AS PART OF AND OUT OF LOTS 7, 9 AND 10, BLOCK 22, HIGHLAND FARMS, HARRIS COUNTY, TEXAS; AUTHORIZING THE PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider a resolution granting the petition of RNP Baytown Property, LLC, and BCU Baytown, LLC, for the proposed voluntary annexation of approximately acres of land, located along the western current City limits about 300 feet west of the intersection of Archer and Garth Roads, part of and out of Lots 8 and 9, Block 22, Highland Farms, Harris County, Texas.

11 City Council Regular Meeting Minutes July 14, 2016 Page 6 of 13 Mrs. Foster presented the agenda item and stated that Resolution No grant the petition of a voluntary annexation of approximately acres of land, west of Garth Road. She stated that the proposed development for this site is going to be Bush's Chicken and although the majority of the property is facing Garth Road and within the city, there are some portions outside of the city that they will bring into the city limits. She further stated that there's a balance of land that they will use for commercial development. A motion was made by Mayor Pro Tem Robert C. Hoskins and seconded by Council Member Chris Presley approving Resolution No The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Chris Presley Nays: None Other: Council Member Brandon Capetillo (Absent), Council Member Terry Sain (Absent) Approved RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF RNP BAYTOWN PROPERTY, LLC, AND BCU BAYTOWN, LLC, FOR THE PROPOSED VOLUNTARY ANNEXATION OF APPROXIMATELY ACRES OF LAND, LOCATED ALONG THE WESTERN CURRENT CITY LIMITS ABOUT 300 FEET WEST OF THE INTERSECTION OF ARCHER AND GARTH ROADS, PART OF AND OUT OF LOTS 8 AND 9, BLOCK 22, HIGHLAND FARMS, HARRIS COUNTY, TEXAS; AUTHORIZING THE PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider a resolution authorizing the City Manager to make application to the United States Department of Housing and Urban Development ("HUD") for the Community Development Block Grant ("CDBG") funds and designating an authorized representative to accept and affirm any grant awarded as a result of the application. Mrs. Tyler presented the agenda item and stated that the City of Baytown receives an annual entitlement from the federal government and in order to receive the funding, the City Manager must submit an application on an annual basis. She stated that the community development division goes through a process to solicit applications for services, typically from nonprofits who serves from low to moderate income families within the city limits. Mrs. Tyler stated that at the end of the application period, the CDAC makes a budget recommendation with this year s amount being $890,122, to allocate for the following recommended projects: Substandard

12 City Council Regular Meeting Minutes July 14, 2016 Page 7 of 13 Structure Abatement; Neighborhood Improvement Program; Central Heights Park Improvement; Pelly Park Improvements; Housing Activities; the Community Development Housing Program; the Senior Disabled & Victims of Violent Crimes Transportation Program; Baytown Evening Optimist Youth Football Program; Communities in Schools Educational Enrichment/College Readiness; Bridge Over Troubled Waters Emergency Hotel Stays for Victims; Program Administration for CDBG Oversight. A motion was made by Mayor Pro Tem Robert C. Hoskins and seconded by Council Member Chris Presley approving Resolution No The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Chris Presley Nays: None Other: Council Member Brandon Capetillo (Absent), Council Member Terry Sain (Absent) Approved RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; 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. d. Consider a joint Parks and Recreation Advisory Board and City Council resolution requesting the U.S. Environmental Protection Agency to select a permanent solution to the San Jacinto Waste Pits. Director of Parks and Recreation, Scott Johnson presented the agenda item and stated that Resolution No.2430 requests a joint Parks and Recreation Advisory Board and City Council resolution requesting the U.S. Environmental Protection Agency to select a permanent solution to the San Jacinto Waste Pits by complete removal and proper disposal of the waste and contaminated soil that is stored in the pits. He stated that in the mid-1960's, waste ponds were impounded next to the San Jacinto River to dispose of wastes from a nearby paper mill, including toxic dioxins. He further stated that since the 1970's, subsidence, erosion and storms caused the release of contaminants into the stream. He stated that the waste ponds were designated a federal Superfund site in He stated that the Baytown Nature Center is located less than one mile from the waste pits site which is home to over 300 species of birds and 40,000

13 City Council Regular Meeting Minutes July 14, 2016 Page 8 of 13 annual visitors of which the largest group of visitors are fishermen who have had to live with consumption advisories issued by Texas Parks and Wildlife based on the Texas Department of State Health s findings in our local waterways. He stated that the Parks and Recreation Advisory Board unanimously approved this joint resolution during its meeting on July 06, Billy Barnett and Billy Kerr both registered to speak regarding agenda item 4.d. Mr. Billy Barnett, a member of the Parks Board stated that our health, parks, water, water recreation, fishing, and everything depend on getting rid of these dioxins. He stated that a permanent cap will not work, but rather a barrier must be built around outside of the sites so that the water can be pumped and tested. He stated that if the water is okay than it can be returned to the river, but if the water is not okay the old soil will be removed whereas an estimated 12 ft. dig will need to be done to get to the good soil. Additionally, Mr. Barnett stated that the board is recommending the process he previously explained to be done. Mr. Billy Kerr stated that he lives on Burnett Bay and agrees with the previous speakers regarding this agenda item. He stated that the dioxins are very dangerous and once the area is designated as an EPA Superfund site, they have the exclusive authority and power to do something about it. He further recommended approving that the issue be addressed. Mayor DonCarlos stated that the City's lobbyist in Washington made arrangements for him and City Manager Davis to meet with the EPA in March which also included a conference call with the local EPA group in charge of the San Jacinto River site, whereas it was made clear that the City wants full remediation of the site. Additionally, Mayor DonCarlos stated that with modern technology, he believes that the dioxins can be removed safely. A motion was made by Council Member Mercedes Renteria III and seconded by Mayor Pro Tem Robert C. Hoskins approving Resolution No The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Chris Presley Nays: None Other: Council Member Brandon Capetillo (Absent), Council Member Terry Sain (Absent) Approved RESOLUTION NO A JOINT RESOLUTION OF THE PARKS AND RECREATION ADVISORY BOARD OF THE CITY OF BAYTOWN, TEXAS, AND THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ENCOURAGING THE U.S. ENVIRONMENTAL ASSIGN FOREMOST ATTENTION TO PUBLIC

14 City Council Regular Meeting Minutes July 14, 2016 Page 9 of 13 HEALTH AND SUPPORTING THE FULL REMEDIATION OF THE SAN JACINTO WASTE PIT SUPERFUND SITE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider a resolution calling for two special meetings of the City Council to be held on (i) Thursday, August 04, 2016 at 5:00 P.M. and (ii) Thursday, September 01, 2016, at 5:00 P.M. City Clerk, Leticia Brysch presented the agenda item and stated that these two special meetings are being called to accommodate the schedule of an involuntary annexation of Blue Heron Parkway. Additionally, she stated that the August 4th meeting will also include the City's proposed municipal budget discussion, which in the past has occurred during the first week of August. A motion was made by Council Member David McCartney and seconded by Mayor Pro Tem Robert C. Hoskins approving Resolution No The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Chris Presley Nays: None Other: Council Member Brandon Capetillo (Absent), Council Member Terry Sain (Absent) Approved RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CALLING SPECIAL COUNCIL MEETINGS TO BE HELD ON AUGUST 4, 2016, AT 5:00 P.M. AND ON SEPTEMBER 1, 2016, AT 5:00 P.M.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. SPECIAL DISTRICT BUDGETS a. Receive the Fiscal Year Budget of the Baytown Crime Control and Prevention District. Finance Director, Wade Nickerson presented the agenda item and stated that the Board of Directors ("Board") of the Baytown Crime Control and Prevention District ("CCPD") met on July 12, 2016, and approved its Fiscal Year budget. Additionally, he stated that no action was necessary for this agenda item.

15 City Council Regular Meeting Minutes July 14, 2016 Page 10 of 13 This agenda item acknowledges that the Board has submitted its budget and that the City Council has received it. 6. CONSENT A motion was made by Council Member Chris Presley and seconded by Council Member Mercedes Renteria III approving consent agenda items 6.a. through 6.f. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Chris Presley Nays: None Other: Council Member Brandon Capetillo (Absent), Council Member Terry Sain (Absent) Approved a. Consider an ordinance authorizing an Industrial District Agreement with Chambers County Logistics Terminal, LP. ORDINANCE NO. 13,227 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH CHAMBERS COUNTY LOGISTICS TERMINAL, LP; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the closeout, acceptance and release of retainage for the Sjolander Waterline Boring Project. ORDINANCE NO. 13,228 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE SJOLANDER WATERLINE BORING PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF EIGHTEEN THOUSAND SEVEN HUNDRED SIX AND 96/100 DOLLARS ($18,706.96) TO BRH-GARVER CONSTRUCTION, LP, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

16 City Council Regular Meeting Minutes July 14, 2016 Page 11 of 13 c. Consider an ordinance authorizing an interlocal agreement with Chambers County for partial payment of Beach City tower construction. ORDINANCE NO. 13,229 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH CHAMBERS COUNTY FOR FUNDING A PORTION OF THE BEACH CITY TOWER CONSTRUCTION PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing payment to SHI/Government Solutions, Inc., for the Microsoft Enterprise Agreement (EA) and Software Assurance (SA) for all City servers. ORDINANCE NO. 13,230 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SIXTY-THREE THOUSAND FIVE HUNDRED TWENTY AND 90/100 DOLLARS ($63,520.90) 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. e. Consider an ordinance authorizing the renewal of the SunGard software maintenance agreement. ORDINANCE NO. 13,321 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF NINETY-TWO THOUSAND FIVE HUNDRED TWENTY-FIVE AND 90/100 DOLLARS ($92,525.90) TO SUNGARD PUBLIC SECTOR INC., FOR THE RENEWAL OF THE SOFTWARE MAINTENANCE AGREEMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider a resolution adopting the Home Investment Partnerships ("HOME") Homeowner Rehabilitation Assistance ("HRA") Program Guidelines. RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING THE CITY OF BAYTOWN S HOME INVESTMENT PARTNERSHIPS ("HOME") HOMEOWNER REHABILITATION

17 City Council Regular Meeting Minutes July 14, 2016 Page 12 of 13 ASSISTANCE ("HRA") PROGRAM GUIDELINES; PROVIDING FOR A REPEALING CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. YEARLY PERFORMANCE EVALUATION FOR CITY MANAGER a. Recess into and conduct an executive session pursuant to Texas Government Code, Section to deliberate the annual performance evaluation of the City Manager. At 6:56 P.M., Mayor DonCarlos recessed into and conducted an executive session pursuant to Texas Government Code, Section to deliberate the annual performance evaluation of the City Manager. At 7:01 P.M., Mayor DonCarlos reconvened the Open Meeting of the City Council Regular Meeting and announced that in accordance with Section of the Texas Open Meetings Act, no action was taken in the Executive Session. b. Discuss and take appropriate action regarding the City Manager's annual performance evaluation. Agenda item 7.b. was not taken. 8. MANAGER'S REPORT a. The City of Baytown Animal Services Division will participate in KPRC Channel 2 and Telemundo Houston s annual Clear the Shelters program on Saturday, July 23, 2016, from 9:00 A.M. to 5:00 P.M. Mr. Kevin Cummings of the City of Baytown's Health Department presented the agenda item and stated that the "Clear the Shelters" program was put together by the National NBC stations throughout the country. He stated that Channel 2 and Telemundo started this program last year for this area and were able to get 20,000 animals adopted through program without Baytown's participation. He further stated that Baytown will participate in this event this year on Saturday, July 23, 2016, from 9:00 A.M. to 5:00 P.M., and have an adoption site at the shelter for $10 adoptions for all animals in the shelter. City Manager Davis stated that Mr. Charlie Murrell's retirement luncheon will take place on August 01, 2016 at 11:15 A.M., at 2407 Market Street. He also presented recognition of accomplishments to Anna Enderli, Dana Dalbey, Officer Joseph Mason, and the Fire Department for their services and certifications. Mayor DonCarlos expressed appreciation to all involved with the July 3rd and 4th celebration event. Police Chief Dougherty stated that due to the various situations regarding police throughout the country, the community requested meeting with the police department to address certain concerns; therefore, a Community Forum is scheduled for Saturday, July 23, 2016, from 11:00

18 City Council Regular Meeting Minutes July 14, 2016 Page 13 of 13 A.M. to 1:00 P.M., at JD Walker Community Center located at 7613 Wade Road that will include the Baytown Police Department, area churches, and the JD Walker Advisory Committee. Additionally, he stated that another meeting is scheduled on July 27, 2016, in the Tejas Room of the Community Center located at 2407 Market Street from 10:00 A.M. to 1:00 P.M. 9. ADJOURN A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Chris Presley adjourning the July 14, 2016, City Council Regular Meeting. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Chris Presley Nays: None Other: Council Member Brandon Capetillo (Absent), Council Member Terry Sain (Absent) Approved With there being no further business to discuss, Mayor DonCarlos adjourned the July 14, 2016, City Council Regular Meeting at 7:11 P.M. Leticia Brysch, City Clerk City of Baytown

19 D R A F T MINUTES OF THE REGULAR WORK SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN JULY 14, 2016 The City Council of the City of Baytown, Texas met in a Regular Work Session on Thursday, July 14, 2016, at 5:30 P.M., in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: David McCartney Chris Presley Mercedes Renteria Stephen DonCarlos Rick Davis Ignacio Ramirez Leticia Brysch Keith Dougherty Council Member Council Member Council Member Mayor City Manager City Attorney City Clerk Sergeant at Arms Mayor DonCarlos convened the July 14, 2016, City Council Regular Work Session with a quorum present at 5:30 P.M., all members were present with the exception of Council Members Terry Sain, Robert C. Hoskins and Brandon Capetillo who were absent. 1. DISCUSSIONS a. Discuss potential redevelopment project at 204 W. Texas Avenue and the use of public property. City Manager Davis presented the agenda item and stated that Council Member McCartney is the owner of the Culpepper Building on W. Texas Avenue. He stated that Council Member McCartney is looking to install a balcony to the building that would result in two large beams encroaching into the rights-of-way. He stated that this request supersedes the allowable authority for the City Manager and as such, is being brought forth to the Council for discussion and direction for staff. City Manager Davis stated that there are different options to consider for this project and noted that Council Member McCartney has pointed to precedents in other communities where these types of columns were placed in the rights-of-way. Council Member McCartney noted that in terms of process and moving forward, that half of the members of Council were not present and requested that this item be brought back for discussion with a full Council, in order to receive everyone's input, as well as, requested direction from the council members present on whether or not to bring back said item as discussion item or as an action item.

20 City Council Regular Work Session Minutes July 14, 2016 Page 2 of 2 Assistant City Attorney, Karen Horner stated that in order to move forward with granting Council Member McCartney's request, the Council would have to enter into a lease or license agreement to allow for the columns and awnings to encroach into the public rights-of-way. City Attorney, Ignacio Ramirez, Sr., stated that should the Council want this item approved, the Legal Department would draft an agreement outlining the terms acceptable to both Council Member McCartney and the City before bringing it to Council for approval. The Council discussed various options for the construction, look and feel of the proposed balcony to include the cost and required 15 feet distance from the door for compliance with the City's smoking ordinance. Council Member McCartney stated that they were working on creating some drawings of the proposed balcony. Director of Planning and Community Development Services, Tiffany Foster, stated that as a point of clarification, staff will need the drawings of the proposed balcony, columns and encroachment into the right-of-way incorporated into the agreement; therefore, the timeline related to the approval process for said agreement is contingent on Council Member McCartney's ability to provide said drawings for staff's review and approval prior to its incorporation into the license agreement. b. Discuss any or all of the agenda items on the City Council Regular Meeting Agenda for July 14, 2016, which is attached below. This item was not considered. 2. ADJOURN With there being no further business to discuss, Mayor DonCarlos adjourned the July 14, 2016, City Council Regular Work Session at 5:43 P.M. Leticia Brysch, City Clerk City of Baytown

21 BAYTOWN CITY COUNCIL MEETING 1. b. Meeting Date: 08/11/2016 Subject: Consider approving the minutes of the Baytown City Council Work Session and Regular Meeting held on July 28, Prepared for: Leticia Brysch, City Clerk's Office Prepared by: Leticia Brysch, City Clerk's Office Department: City Clerk's Office Information ITEM Consider approving the minutes of the Baytown City Council Work Session and Regular Meeting held on July 28, PREFACE Consider approving the minutes of the Baytown City Council Work Session and Regular Meeting held on July 28, RECOMMENDATION CC Minutes WS Minutes Attachments

22 D R A F T MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN July 28, 2016 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, July 28, 2016, at 6:30 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Brandon Capetillo Robert Hoskins David McCartney Chris Presley Mercedes Renteria Terry Sain Stephen H. DonCarlos Ron Bottoms Ignacio Ramirez Leticia Brysch Keith Dougherty Council Member Council Member Council Member Council Member Council Member Council Member Mayor Deputy City Manager City Attorney City Clerk Sergeant at Arms Mayor DonCarlos convened the July 28, 2016, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member McCartney. Before proceeding with the regular agenda, Mayor DonCarlos stated that Ms. Amber Pappas with Harris County 811 Service requested to address Council. Ms. Pappas stated that the 811 Day (August 11th) date serves as a reminder to call 811 before digging. She stated that the 811 service is free and designed for a person to call at least 48 hours prior to beginning a digging project. She stated that during the 48 hours wait period, the call center will notify the appropriate utilities to come out and mark the lines. She further stated that there's an 811 Day block party that will be held in three (3) cities in the United States this year: Houston, Kansas City, and Indianapolis. Additionally, she stated that there will be four (4) locations in the Houston area: two (2) downtown, one (1) in Laporte, and one (1) in Spring and that more information on the free event can be found on the website: 1. MINUTES a. Consider approving the minutes of the Baytown City Council Work Session and Regular Meeting held on June 09, 2016.

23 City Council Regular Meeting Minutes July 28, 2016 Page 2 of 12 A motion was made by Council Member Robert C. Hoskins and seconded by Council Member David McCartney approving the June 09, 2016, City Council Work Session and Regular Meeting minutes. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, Council Member Chris Presley Nays: None Approved b. Consider approving the minutes of the Baytown City Council Work Session and Regular Meeting held on June 23, A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Robert C. Hoskins approving the June 23, 2016, City Council Work Session and Regular Meeting minutes. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, Council Member Chris Presley Nays: None Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Recognize City of Baytown Employees for their Years of Service. Director of Human Resources, Carol Flynt presented the agenda item and recognized City of Baytown Employees for their years of service. 5 Years Sharon Rose, Planning Community Development Technician 10 Years Lukasz Bednarek Fire Lieutenant

24 City Council Regular Meeting Minutes July 28, 2016 Page 3 of PROPOSED ANNEXATION OF APPROXIMATELY 7.45 ACRES OF LAND a. Conduct the first public hearing regarding the proposed voluntary annexation of approximately 7.45 acres of land, located at 5523 Garth Road, which includes a portion of the tract that is currently not in the City limits, and legally described as part of and out of Lots 7, 9 and 10, Block 22, Highland Farms, Harris County, Texas. At 6:39 P.M., Mayor DonCarlos opened and conducted the first public hearing regarding the proposed voluntary annexation of approximately 7.45 acres of land, located at 5523 Garth Road, which includes a portion of the tract that is currently not in the City limits, and legally described as part of and out of Lots 7, 9 and 10, Block 22, Highland Farms, Harris County, Texas. In summary, Planning and Community Development Director, Tiffany Foster stated that this first public hearing is in regards to the voluntary annexation of 7.45 acres of land, located west of Garth Road near Aldi's. Additionally, she stated that the request is for future development for an Econo Lodge Hotel and other retail establishments. With there being no registered to speak regarding agenda item 3.a., Mayor DonCarlos closed the first public hearing at 6:40 P.M. b. Conduct the second public hearing regarding the proposed voluntary annexation of approximately 7.45 acres of land, located at 5523 Garth Road, which includes a portion of the tract that is currently not in the City limits, and legally described as part of and out of Lots 7, 9 and 10, Block 22, Highland Farms, Harris County, Texas. At 6:41 P.M., Mayor DonCarlos opened and conducted the second public hearing regarding the proposed voluntary annexation of approximately 7.45 acres of land, located at 5523 Garth Road, which includes a portion of the tract that is currently not in the City limits, and legally described as part of and out of Lots 7, 9 and 10, Block 22, Highland Farms, Harris County, Texas. With there being no registered to speak regarding agenda item 3.b., Mayor DonCarlos closed the second public hearing at 6:41 P.M. 4. PROPOSED ANNEXATION OF APPROXIMATELY ACRES OF LAND a. Conduct the first public hearing concerning the proposed voluntary annexation of approximately acres of land, located along the western current City limits about 300 feet west of the intersection of Archer and Garth Roads, part of and out of Lots 8 and 9, Block 22, Highland Farms, Harris County, Texas. At 6:41 P.M., Mayor DonCarlos opened and conducted the first public hearing concerning the proposed voluntary annexation of approximately acres of land, located along the western current City limits about 300 feet west of the intersection of Archer and Garth Roads, part of and out of Lots 8 and 9, Block 22, Highland Farms, Harris County, Texas.

25 City Council Regular Meeting Minutes July 28, 2016 Page 4 of 12 Mrs. Foster presented a summary of the public hearings for agenda items 4.a. and 4.b. She stated that this parcel of land is adjacent to the property described in agenda items 3.a. and 3.b. that was previously approved, but noted that this property has a different owner and is for a different development. She stated that the majority of this property is within the city limits, but the request is for this particular tract that is currently not within the city limits. She further stated that the owner is seeking to develop a Bush's Chicken establishment on the property with the remaining parcels of the property to be used for future commercial development. With there being no one registered to speak regarding agenda item 4.a., Mayor DonCarlos closed the first public hearing at 6:42 P.M. b. Conduct the second public hearing concerning the proposed voluntary annexation of approximately acres of land, located along the western current City limits about 300 feet west of the intersection of Archer and Garth Roads, part of and out of Lots 8 and 9, Block 22, Highland Farms, Harris County, Texas. At 6:42 P.M., Mayor DonCarlos opened and conducted the second public hearing concerning the proposed voluntary annexation of approximately acres of land, located along the western current City limits about 300 feet west of the intersection of Archer and Garth Roads, part of and out of Lots 8 and 9, Block 22, Highland Farms, Harris County, Texas. With there being no one registered to speak regarding agenda item 4.b., Mayor DonCarlos closed the second public hearing at 6:42 P.M. 5. MUNICIPAL BUDGET a. Receive the City Manager's proposed municipal budget and budget message for Fiscal Year. Director of Finance, Wade Nickerson presented to Council the City Manager's proposed municipal budget and budget message for Fiscal Year. He stated that Council set seven (7) goals for implementation and how the budget will address those goals. He further noted that the 2017 budget will be discussed in significant detail during the budget work session on August 04, b. Consider an ordinance setting the date, time and place for a public hearing regarding the City of Baytown Fiscal Year Proposed Budget. Mr. Nickerson presented the agenda item and stated that August 04, 2016, is scheduled for the budget discussion. He further stated that the budget hearing is recommended for August 25, 2016, at 6:45 P.M. A motion was made by Mayor Pro Tem Terry Sain and seconded by Council Member Mercedes Renteria III approving Ordinance No. 13,232 setting the public hearing for the Fiscal Year Proposed Budget for August 25, 2016, at 6:45 P.M. The vote was as follows:

26 City Council Regular Meeting Minutes July 28, 2016 Page 5 of 12 Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 13,232 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SETTING A DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED FISCAL YEAR MUNICIPAL BUDGET; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. SPECIAL DISTRICT BUDGETS a. Receive the Fiscal Year Budget for the Baytown Fire Control, Prevention, and Emergency Medical Services District. Mr. Nickerson presented to Council the Fiscal Year Budget for the Baytown Fire Control, Prevention, and Emergency Medical Services District. He stated that the Board of Directors ("Board") of the Baytown Fire Control, Prevention, and Emergency Medical Services District (FCPEMSD) approved this budget on Tuesday, July 19, PROPOSED ORDINANCES a. Consider an ordinance amending Chapter 94 "Traffic and Vehicles, " Article IV "Specific Street Regulations," Section "Schedules enumerated" of the Code of Ordinances, Baytown, Texas, to authorize converting the two west bound lanes of the I-10 feeder road at the intersection of N. Main St., to dual left turn lanes. Assistant Director of Engineering, Ajay Shakyaver presented the agenda item and stated that Ordinance No. 13,233 authorizes converting the two west bound lanes of the I-10 feeder road at the intersection of N. Main St., to dual left turn lanes southbound. He stated that one left turn lane at this feeder is inadequate to handle the volume of the left turn traffic during PM peak hours, which backs up onto the access road and subsequently onto the freeway at times. He stated that this amendment is a temporary solution to relieve immediate congestion of such issue during peak hours while Texas Department of Transportation (TxDOT) is in the process of undertaking some minor studies to look at the ultimate configuration of this interchange, as well as, other interchanges.

27 City Council Regular Meeting Minutes July 28, 2016 Page 6 of 12 During further discussion, Mayor DonCarlos inquired if TxDOT allows for the City to do this on a temporary basis. Mr. Shakyaver stated that TxDOT was contacted and being that they've seen this type of concept they deferred it back to the City without further comments. A motion was made by Council Member David McCartney and seconded by Council Member Mercedes Renteria III approving Ordinance No. 13,233. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 13,233 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE IV "SPECIFIC STREET REGULATIONS," SECTION "SCHEDULES ENUMERATED," SCHEDULE X "DESIGNATION RESTRICTIVE TURN MOVEMENTS" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO AUTHORIZE CONVERTING (I) THE INSIDE WEST-BOUND LANE OF THE I-10 FEEDER ROAD AT THE INTERSECTION OF N. MAIN STREET TO A LEFT-TURN ONLY LANE AND (II) THE OUTSIDE WEST-BOUND LANE OF THE I-10 FEEDER ROAD AT THE INTERSECTION OF N. MAIN STREET TO A LEFT TURN OPTIONAL LANE; AUTHORIZING THE POSTING OF PROPER SIGNS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO/100 DOLLARS ($200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the Interlocal Agreement for the Sidewalk Improvements Project with Harris County. Deputy City Manager Bottoms presented the agenda item and stated that Ordinance No. 13,234 authorizes the Interlocal Agreement for the Sidewalk Improvements Project with Harris County (the "County"). He stated that the Harris County Transit program worked with the city and obtained approximately $700,000 in federal funds with the City's contributions of approximately $180,000 for projects selected. Mayor DonCarlos introduced Mr. Ken Fickes of Harris County who has been working with the

28 City Council Regular Meeting Minutes July 28, 2016 Page 7 of 12 City on the public transportation program. Mr. Fickes stated that the County is happy to work with the City and that they are working on doing more of the same type work with the FTA. A motion was made by Mayor Pro Tem Terry Sain and seconded by Council Member Brandon Capetillo approving Ordinance No. 13,234. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 13,234 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT FOR THE SIDEWALK IMPROVEMENTS PROJECT WITH HARRIS COUNTY; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED ONE HUNDRED EIGHTY THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($180,500.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8. PROPOSED RESOLUTIONS a. Consider a resolution opposing the construction of an unloading dock, covered boathouse, and tie-up pilings in Cedar Bayou as proposed by Baycrete, Inc., in its application to the U.S. Army Corps of Engineer's Permit Application No. SWG City Attorney, Ignacio Ramirez presented the agenda item and stated that this item was discussed during the previous work session, whereas the U.S. Army Corps of Engineer's is soliciting comments in this regard. He stated that Resolution No registers the City's opposition to the construction of an unloading dock and this topic came up during a Navigation District Meeting in which they are also opposed to. Additionally, he stated that the application that was filed has errors in distances causing the dock to be built out into the bayou causing a navigation hazard. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Mercedes Renteria III approving Resolution No The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, Council Member Chris Presley

29 City Council Regular Meeting Minutes July 28, 2016 Page 8 of 12 Nays: None Approved RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, EXPRESSING ITS OPPOSITION TO THE CONSTRUCTION OF AN UNLOADING DOCK, COVERED BOATHOUSE, AND TIE-UP PILINGS IN CEDAR BAYOU AS PROPOSED BY BAYCRETE, INC., IN ITS APPLICATION TO THE U.S. ARMY CORPS OF ENGINEERS' PERMIT APPLICATION NO. SWG ; REQUESTING A PUBLIC HEARING; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 9. REPORTS a. Receive the City of Baytown's Quarterly Financial and Investment Reports for the Quarter Ending June 30, Mr. Nickerson presented to Council the City of Baytown's Quarterly Financial and Investment Reports for the Quarter Ending June 30, He stated that a detailed analysis of the reports were discussion with the Finance Subcommittee on July 26, He stated that the sales tax receipts are tracking approximately 5% above the same time as the prior year and that the collections of the sales tax are right at 80% of the budget. He stated that the revenues are expected to be around 75%, but that the general fund, hotel/motel fund, property tax, IDA s, water & sewer fund, all exceeded budget expectations. He also noted that although aquatics is not expected to be at 75% just yet due to being a seasonal business, the expectation is to budget by the end the season. With regards to expenditures, Mr. Nickerson stated that the expectation is also to be at 75% and the majority of the funds are below that percentage. He noted that the excess overage of the sanitation fund is due to the contracts that are due at the beginning of the year. As it relates to investments, he stated that the benchmark 90 day treasury is.26% and currently the budget is at.5051%. Additionally, he stated that there's approximately $124,000,000 in the portfolio. 10. CONSENT A motion was made by Mayor Pro Tem Terry Sain and seconded by Council Member David McCartney approving consent agenda items 10.a. through 10.g. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, Council Member Chris Presley Nays: None

30 City Council Regular Meeting Minutes July 28, 2016 Page 9 of 12 Approved a. Consider an ordinance authorizing the acceptance and release of retainage of the Bridge Abutments for the Goose Creek Phase V Trail Project with Menade, Inc. ORDINANCE NO. 13,235 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE GOOSE CREEK PHASE V TRAIL BRIDGE ABUTMENTS PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF SEVEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($7,500.00) TO MENADE, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing an Advance Funding Agreement with the State of Texas, through the Texas Department of Transportation, for the design and construction of a concrete hike and bike trail from northbound SH 146 into the Goose Creek Trail Phase VI Development Project. ORDINANCE NO. 13,236 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN ADVANCE FUNDING AGREEMENT WITH THE STATE OF TEXAS THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE DESIGN AND CONSTRUCTION OF A CONCRETE HIKE AND BIKE TRAIL FROM NORTHBOUND SH 146 INTO THE GOOSE CREEK TRAIL PHASE VI DEVELOPMENT PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance approving a construction contract between the Baytown Area Water Authority and BL Technology, Inc., for the SCADA Improvements Project. ORDINANCE NO. 13,237 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE CONSTRUCTION CONTRACT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND BL TECHNOLOGY INC., FOR THE BAWA SCADA IMPROVEMENTS PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

31 City Council Regular Meeting Minutes July 28, 2016 Page 10 of 12 d. Consider an ordinance amending Chapter 1 "General Provisions" of the Code of Ordinances, Baytown, Texas, to add Section 1-17 "Civil lawsuits" which authorizes the City Attorney to file suit and counterclaims to carry out the purposes and intent of the Code as well as state and federal law. ORDINANCE NO. 13,238 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 1 "GENERAL PROVISIONS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW SECTION TO BE NUMBERED AND ENTITLED SECTION 1-17 "CIVIL LAWSUITS," PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance renewing the Annual Thermo Pavement Markings Contract to Stripe Lines, Inc., formally Stripe-A-Line, Inc. ORDINANCE NO. 13,239 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL THERMO PAVEMENT MARKINGS CONTRACT WITH STRIPE LINES, INC., FORMALLY STRIPE-A-LINE, INC., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THREE HUNDRED THOUSAND AND NO/100 DOLLARS ($300,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing the eighth renewal of the Annual Cleanup and Mowing Contract for the Health Department with McLemore Building Maintenance, Inc., and Niederhofer Enterprises, Inc. ORDINANCE NO. 13,240 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL CLEANUP AND MOWING CONTRACT WITH MCLEMORE BUILDING MAINTENANCE, INC., AND NIEDERHOFER ENTERPRISES, INC., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($150,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider a resolution approving the City of Baytown's Investment Policy and Strategy Statement in accordance with the Public Fund's Investment Act.

32 City Council Regular Meeting Minutes July 28, 2016 Page 11 of 12 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE CITY OF BAYTOWN S INVESTMENT POLICY AND INVESTMENT STRATEGIES IN ACCORDANCE WITH THE PUBLIC FUNDS INVESTMENT ACT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 11. APPOINTMENTS a. Consider two (2) appointments to the Baytown Area Water Authority. City Clerk, Leticia Brysch presented the agenda item and considered the two (2) appointments of Brandon Benoit and Brenda Bradley Smith the Baytown Area Water Authority. She stated that both have agreed to another two (2) year term. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Robert C. Hoskins approving the reappointment of Brenda Bradley Smith and Brandon Benoit to the BAWA Board. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, Council Member Chris Presley Nays: None Approved 12. MANAGER'S REPORT Mr. Scott Johnson stated that the Town Square will host its first lawn games night events on July 29th, August 26th, and September 30th from 7:00 P.M. to 11:00 P.M., for ages 21 and up. Additionally, he stated that the unveiling of the new trash receptacles donated from Covestro will be on Monday, August 01, 2016, at Town Square. Mrs. June Tyler stated that the 4th Annual Better Homes Expo will be on July 30, 2016, from 10:00 A.M. to 2:00 P.M. 13. ADJOURN A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Chris Presley adjourning the July 28, 2016, City Council Regular Meeting. The vote was as follows:

33 City Council Regular Meeting Minutes July 28, 2016 Page 12 of 12 Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, Council Member Chris Presley Nays: None Approved With there being no further business to discuss, Mayor DonCarlos adjourned the July 28, 2016, City Council Regular Meeting at 7:05 P.M. Leticia Brysch, City Clerk City of Baytown

34 D R A F T MINUTES OF THE REGULAR WORK SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN JULY 28, 2016 The City Council of the City of Baytown, Texas met in a Regular Work Session on Thursday, July 28, 2016, at 5:15 P.M., in the Hullum Conference Room in Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Brandon Capetillo Robert Hoskins David McCartney Chris Presley Mercedes Renteria III Terry Sain Stephen DonCarlos Ron Bottoms Ignacio Ramirez Leticia Brysch Council Member Council Member Council Member Council Member Council Member Council Member Mayor Deputy City Manager City Attorney City Clerk Mayor DonCarlos convened the July 28, 2016, City Council Regular Work Session with a quorum present at 5:26 P.M., all members were present with the exception of Council Members Renteria and McCartney who arrived at 5:30 P.M and Council Member Sain who arrived at 5:45 P.M. 1. DISCUSSIONS a. Discuss additional funding for the Harris County Interlocal Sidewalk Improvement Project. Deputy City Manager Bottoms presented the agenda item and stated that this is related to item 7.b. on the July 28, 2016, evening's Council agenda for consideration and action. He stated that the City was contacted by the Harris County Transit Authority and informed that more money had become available for this project and that the interlocal agreement for the Sidewalk Improvement Project would be a total of $725,000, with the City's match being $180,000. He stated that the grant would allow the City to build sidewalks related to improving access to the bus service. Additionally, he noted that a red line version of this item and its proposed ordinance will be available on the dais at the time of the meeting. The Council reviewed and discussed a map of the proposed sidewalks around the City. Assistant Director of Engineering, Ajay Shakyaver stated that the whole criteria for the positioning and construction of these sidewalks are to be conducive to the public transit available

35 City Council Regular Work Session Minutes July 28, 2016 Page 2 of 2 throughout the city. He stated that the sidewalks were selected to allow better access to and from the bus stops, and noted that there are more sidewalks being proposed along Garth Road because of the location of the existing bus stops. Lastly, Mr. Shakyaver stated that once the expansion of Garth Road begins, these sidewalks will have to be removed, but that project is a few years away. b. Discuss the proposed construction of an unloading dock, covered boathouse, and tieup pilings in Cedar Bayou as proposed by Baycrete, Inc., in its application to the U.S. Army Corps of Engineers' Permit Application No. SWG Deputy City Manager Bottoms presented the item and stated that this discussion is related to item 8.a. on the regular agenda for the Council's consideration and action. He stated that this item will formally oppose the construction of a 25-foot-wide by 100-foot-long unloading dock, a 15- foot-wide by 30-foot-long covered boathouse, and install four 24-inch by 24-inch tie-up pilings in Cedar Bayou by Baycrete, Inc. He stated that Baycrete submitted an application to the U.S. Army Corps of Engineer's Permit Application, in order to build these structures and the City feels that there are some issues with Baycrete's application such as the width of the bayou, which is not accurate. Additionally, he stated that the City believes that the construction of this dock would result in a navigation hazard because it juts out too far into the bayou, along with other environmental concerns, which could arise during construction or use of the improvements in impaired waters. He noted that the Corps is soliciting comments regarding this proposed construction to be submitted on or before August 11, 2016; therefore, staff recommends that the Council formally state their disapproval of the project via a resolution that will then be submitted to the Corps of Engineers for their consideration. c. Discuss any or all of the agenda items on the City Council Regular Meeting Agenda for July 28, 2016, which is attached below. This item was not discussed. 2. ADJOURN With there being no further business to discuss, Mayor DonCarlos adjourned the July 28, 2016, City Council Regular Work Session at 5:49 P.M. Leticia Brysch, City Clerk City of Baytown

36 BAYTOWN CITY COUNCIL MEETING 2. a. Meeting Date: 08/11/2016 Subject: Public Hearing: Regarding the Baytown Crime Control and Prevention District FY Budget. Prepared for: Wade Nickerson, Finance Prepared by: Leticia Brysch, City Clerk's Office Department: Finance Information ITEM Conduct a public hearing on the Baytown Crime Control and Prevention District Fiscal Year Budget. PREFACE Conduct a public hearing regarding the Fiscal Year budget as adopted by the Board of Directors (the "Board") of the Baytown Crime Control and Prevention District ("CCPD") and submitted to the City Council. The CCPD Board adopted the budget on July 12, 2016, and submitted it to City Council on July 14, As set forth in state law, the local governing body must hold a public hearing on the budget adopted by the Board. Notice of the public hearing was published in The Baytown Sun on July 28, 2016, and posted on the City's notice boards and website on July 27, 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 at this time _FY17 CCPD Proposed Budget Attachments

37 CITY OF BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT (CCPD) ANNUAL PROGRAM OF SERVICES PROPOSED BUDGET

38 CRIME CONTROL AND PREVENTION DISTRICT (CCPD) BOARD DIRECTORS RIKKI WHEELER, President PORTER FLEWELLEN, Vice President SAMUEL BARKER, Director JAMES COKER, Director CHRIS NAVARRE, Director RANDALL B. STRONG, Director DR. CHRIS L. WARFORD, Director 2

39 CITY OF BAYTOWN CRIME CONTROL PREVENTION DISTRICT (CCPD) FUND 206 BUDGET SUMMARY Actual Budget Estimated Proposed Revenues Sales Tax $ 1,633,797 $ 1,567,237 $ 1,763,561 $ 1,798,833 Interest Income Total Revenues 1,633,926 1,567,319 1,764,061 1,799,333 Expenditures Personnel 1,421,227 1,577,820 1,469,367 1,639,996 Supplies 5,283 10,625 10,000 10,625 Services 8,946 13,000 7,000 - Total Operating 1,435,456 1,601,445 1,486,367 1,650,621 Capital Outlay 119, , , ,280 Unforeseen/New Initiatives - 57,508 57, ,000 Total Expenditures 1,554,548 1,829,843 1,714,765 2,208,901 Excess (Deficit) Revenues Over Expenditures 79,377 (262,524) 49,296 (409,568) Working Capital - Beginning 374, , , ,900 Working Capital - Ending $ 453,604 $ 191,080 $ 502,900 $ 93,332 3

40 20601 CRIME CONTROL PREVENTION DISTRICT (CCPD) - BUDGET NOTES Acct # Account Name Amount PERSONNEL SERVICES Regular Wages $ 1,116,904 (14) Patrol Officers (1) Police Sergeant CBA Salary Increase Estimate - 5% 51, Overtime Health Insurance 158, TMRS 196,128 CBA Salary Increase Estimate - 5% 9, FICA 79,920 CBA Salary Increase Estimate - 5% 3, Workers Compensation 22,909 CBA Salary Increase Estimate - 5% 1,058 TOTAL PERSONNEL SERVICES 1,639,996 SUPPLIES Wearing Apparel 10,625 Regular Uniform Issue - (14) Officers & (1) $400 each 6,000 Body armor vests, new & replacement, $925 each 4,625 TOTAL SUPPLIES 10,625 TOTAL OPERATING 1,650,621 CAPITAL Machinery & Equipment 106,440 Replace (17) MDT $3,320 each 56,440 Body Camera Program 50, Motor Vehicles 351,840 Replace (6) Marked Patrol Units and $58,640 each TOTAL CAPITAL OUTLAY 458,280 CONTINGENCY Unforeseen/New Initiative 100,000 Requires Board approval to spend TOTAL CONTINGENCY 100,000 TOTAL CCPD $ 2,208,901 4

41 BAYTOWN CITY COUNCIL MEETING 2. b. Meeting Date: 08/11/2016 Subject: Public Hearing: Regarding the Baytown Fire Control, Prevention, and EMS District FY Budget. Prepared for: Wade Nickerson, Finance Prepared by: Leticia Brysch, City Clerk's Office Department: Finance Information ITEM Conduct a public hearing on the Baytown Fire Control, Prevention, and Emergency Medical Services District Fiscal Year Budget. PREFACE Conduct a public hearing regarding the Fiscal Year budget as adopted by the Board of Directors (the "Board") of the Baytown Fire Control, Prevention, and Emergency Medical Services District ("FCPEMSD") and submitted to the City Council. The FCPEMSD Board adopted the budget on July 19, 2016, and submitted it to City Council on July 28, As set forth in state law, the local governing body must hold a public hearing on the budget adopted by the Board. Notice of the public hearing was published in The Baytown Sun on July 28, 2016, and posted on the City's notice boards and website on July 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. FY FCPEMSD Proposed Budget Attachments

42 CITY OF BAYTOWN FIRE CONTROL, PREVENTION AND EMERGENCY MEDICAL SERVICE DISTRICT (FCPEMSD) ANNUAL PROGRAM OF SERVICES PROPOSED BUDGET

43 FIRE CONTROL, PREVENTION AND EMERGENCY MEDICAL SERVICES DISTRICT (FCPEMSD) BOARD DIRECTORS BRENDA BRADLEY SMITH, President JOHN ADKINS, Vice President GERALD BALDWIN, Director RICHARD CARR, Director ADELINA GOMEZ-ABSHIRE, Director MAURICE WATTS, Director KIMBERLEE WHITTINGTON, Director 2

44 CITY OF BAYTOWN FIRE - EMS SPECIAL DISTRICT FUND 207 BUDGET SUMMARY 6/6/2016 Actual Budget Estimated Proposed Revenues Sales Tax $ 1,640,694 $ 1,621,116 $ 1,759,652 $ 1,794,845 Investment Interest ,031 1,000 Total Revenues 1,641,107 1,621,316 1,760,683 1,795,845 Expenditures Personnel 281, , , ,336 Supplies ,200 Services 8,945 13,000 13,000 - Total Operating 290, , , ,536 Capital Outlay 294, , , ,410 Construction in Progress ,000 Transfers Out 1,300,000 1,443,870 1,443, ,000 Contingency/New Initiatives ,000 Total Expenditures 1,884,196 2,015,310 1,931,036 2,230,946 Excess (Deficit) Revenues Over Expenditures (243,089) (393,994) (170,353) (435,101) Working Capital - Beginning 1,191, , , ,248 Working Capital - Ending $ 948,601 $ 554,607 $ 778,248 $ 343,147 3

45 CITY OF BAYTOWN FIRE - EMS SPECIAL DISTRICT FUND 207 SPECIAL DISTRICT - FIRE/EMS /6/2016 Actual Budget Estimated Proposed Expenditures Regular Wages $ 117,693 $ 119,905 $ 119,137 $ 182, Overtime 86, Health Insurance 18,019 21,138 19,376 31, TMRS 37,815 22,317 21,901 33, FICA 14,930 9,031 8,489 13, Workers Compensation 2,627 1,683 1,626 3, Allowances 3,614 3,600 3,600 7,200 Personnel 281, , , , Wearing Apparel , Motor Vehicle Supplies , Elections 8,945 13,000 13,000 - Services 8,945 13,000 13,000 6,200 Total Operating 290, , , , Furniture & Equip <$ ,613 10,784 10,784 7, Machinery & Equipment 83, , , , Motor Vehicles 137, , , Radio & Testing Equipment - 31,782 2,495 31,010 Total Capital 294, , , , Engineering ,000 Total Construction in Progress , To Gen Capital Proj Fund 600, , , , To Capital Improvemnt Prg 700, , ,870 - Total Transfers Out 1,300,000 1,443,870 1,443, , Contingencies ,000 Total Contingencies Out ,000 Total Expenditures $ 1,884,196 $ 2,015,310 $ 1,931,036 $ 2,230,946 4

46 6/6/ FIRE CONTROL PREVENTION & EMERGENCY MEDICAL SERVICES DISTRICT FCPEMSD - BUDGET NOTES Acct # Account Name Amount 7100 Personnel Services Regular Wages $ 122,257 (1) Fire Lieutenant (1) Senior Administrative Support Specialist NEW (1) Quality Assurance/Quality Improvement (QA/QI) Coordinator 54,783 CBA Salary Increase Estimate - 5% 4,259 NCS Salary Increase Estimate - 5% 1, Overtime Health Insurance 21,138 NEW (1) Quality Assurance/Quality Improvement (QA/QI) Coordinator 10, TMRS 22,100 NEW (1) Quality Assurance/Quality Improvement (QA/QI) Coordinator 9,620 CBA Salary Increase Estimate - 5% 748 NCS Salary Increase Estimate - 5% 1, FICA 8,926 NEW (1) Quality Assurance/Quality Improvement (QA/QI) Coordinator 4,191 CBA Salary Increase Estimate - 5% 326 NCS Salary Increase Estimate - 5% Workers Compensation 1,708 NEW (1) Quality Assurance/Quality Improvement (QA/QI) Coordinator 1,183 CBA Salary Increase Estimate - 5% 77 NCS Salary Increase Estimate - 5% Allowances 3,600 NEW (1) Quality Assurance/Quality Improvement (QA/QI) Coordinator 3,600 TOTAL PERSONNEL SERVICES 272, Supplies Wearing Apparel 3,600 Uniform and PPE for QA/QI Coordinator Motor Vehicle Supplies 2,600 Fuel for QA/QI Coordinator TOTAL SUPPLIES 6, Capital Outlay Furniture & Equip <$5000 7,450 Office Furniture for QA/QI Coordinator 4,050 Computer, Laptop, Phone, Cell Phone for QA/QI Coordinator 3,400-5

47 6/6/ FIRE CONTROL PREVENTION & EMERGENCY MEDICAL SERVICES DISTRICT FCPEMSD - BUDGET NOTES Acct # Account Name Amount Machinery & Equipment 598,950 (2) Zoll X Series 12 Lead ECG and ETCO2 70,000 (2) Zoll AED Program Battery and Pads 1,000 Zoll ECG's Warranty 10,000 (2) Zoll AED PRO for Tower and Spare 5,500 Zoll Medical repairs not covered by warranty 5,000 (1) Stryker Power Pro XT (Ambulance Stretcher) 15,000 (5) Stryker Ambulance Stretcher Batteries 7,000 Stryker Stretch Mount 700 Lucas II Device (Compression Device) 17,000 (5) Lucus Replacement Batteries 7,750 (1) New C3500 Chevy Ambulance Chassis 160,000 New - Kidde Burn Prop 300, Radio & Testing Equipment 31,010 Drop In Chargers for Portable Radios 2,000 (6) Sigtronic Headsets 2,500 Voice Amplifiers 3,465 Scott HAZMAT Radio Interface Houston Spec 15,445 (2) Portable Radios 154HZ 7, Engineering 700,000 Design and Engineering for Fire Training Field TOTAL CAPITAL OUTLAY 1,337, Transfers Out To Gen Capital Proj Fund 600,000 Fire Technology and Capital Equipment - Apparatus 600,000 TOTAL TRANSFERS OUT 600, Contingency Contingencies 15,000 Requires Board approval 15,000 TOTAL CONTINGENCY 15,000 TOTAL FCPEMSD $ 2,230,946 6

48 BAYTOWN CITY COUNCIL MEETING 3. a. Meeting Date: 08/11/2016 Subject: Second Public Hearing - Involuntary Annexation along Blue Heron Parkway Prepared for: Tiffany Foster, Planning and Development Services Prepared by: Shelly Shelton, Planning and Development Services Department: Planning and Development Services Information ITEM Conduct the second public hearing regarding the involuntary annexation of approximately acres, situated in the J.W. Singleton Survey, Abstract No. 709, D. McFadden Survey, Abstract No. 591 and C. Smith Survey, Abstract No. 69 for multiple parcels and right-of-way, located approximately 130 feet east of North Main Street, including Blue Heron Parkway right-of-way to Crosby Cedar Bayou Road and portions of Barkuloo Road right-of-way, Harris County, Texas. PREFACE This is the second public hearing concerning the involuntary annexation of approximately acres of land east of North Main, including Blue Heron Parkway right-of-way to Crosby Cedar Bayou Road and portions of Barkuloo Road right-of-way. In addition to the development of Blue Heron Park and the construction of the new roadway from North Main to Crosby Cedar Bayou Road, the City has received development interest and desire to extend utilities to this area. This annexation is part of the City's plan to protect infrastructure and oversee land use while supporting effective growth management. The Future Land Use Plan has the forecasted use in this area to be low to medium residential use with select commercial usage. Attached is a narrative specifically describing the types of uses that would be allowed in the area. As development occurs, the land will be zoned accordingly. On June 9, 2016, City Council approved a resolution to initiate the annexation and directed staff to create a service plan for the proposed area to be annexed. This hearing was posted at City Hall and on the City's website July 25, 2016, and published in the Baytown Sun on July 24, Supporting documents, maps and the service plan summary are attached for your review. RECOMMENDATION

49 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 at this time. Metes and Bounds Map from survey Vicinity Map Service Plan Summary Future Land Use Plan Narrative Attachments

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55 REPUBLIC OF TEXAS PLAZA CROSBY CEDAR BAYOU RD µ WAYNE GRAY SPORTS COMPLEX SJOLANDER RD Blue Heron Parkway Annexation MAIN ST BARKULOO RD n BLUE HERON BLUE HERON PARK W.L. JENKINS PARK CROSBY CEDAR BAYOU RD Annexation of approximately Acres along Blue Heron Parkway Annexation Area Subject Properties Parks City Limits BARKALOO PARK ndavid Crockett Elementary SS 330 IH 10 FM 565 Document Path: G:\Maps_By_Baytown\Planning Staff\Blue_Heron_Parkway_Annexation\GIS\BlueHeron_Annexation.mxd MASSEY TOMPKINS RD SH 146 The City of Baytown Texas makes no warranty, representation, or guarantee regarding the accuracy of this map. This map is intended for display purposes only and does not replace official recorded documents. 1 inch = 895 feet Date

56 Exhibit B July 15, 2016 SERVICE PLAN SUMMARY Proposed annexation: Involuntary Proposed annexation of approximately acres, consisting of multiple sites, starting at approximately 130 feet east of N. Main Street to Sjolander Road and Crosby Cedar Bayou Road including portions of Blue Heron Parkway and Barkaloo Road, situated in the J.W. Singleton Survey, Abstract No. 709, D. McFadden Survey, Abstract No. 591 and C. Smith Survey, Abstract No. 69, Harris County, Texas. See Exhibit A. The newly annexed area receive comparable level of services to the level of services, infrastructure, and infrastructure maintenance available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. Fire Department: to Fire Station 1. The subject properties of the proposed annexation will be assigned With current resources the service delivery performance measures are: a. First Due: Response Time for receipt of call for services until arrival of the 1 st due company is estimated to 4 minutes and 48 seconds (1.4 miles). Fire will be confined to the room of origin to increasing the probability of accomplishing the critical tasks of rescue, fire control and property conservation. EMS survivability from cardiac arrest increases by 10% for each minute of BLS care before 6 minutes. b. First Alarm: Response Time for receipt of call for services until the arrival of the first alarm assignment (2 engines, 1 Ladder, 1 Chief) on location is estimated to be 10 minutes and 24 seconds minutes (6.2 miles). The time over 10 minutes will significantly increase fire spread and therefore decrease rescue, fire control and property conservation measures. Additionally, the return of circulation for cardiac arrest victims without ALS within 10 minutes decreases significantly. Service impact resulting from annexation: The expansion of resources would be required to improve the service delivery to the proposed area: Initial Investment Cost in dollars Building 4 Bay Fire Station 3,200,000 Equipment- Fire Engine 650,000 Personnel Hiring Costs 15 personnel 15,000 Initial Total Costs 3,865,000

57 Recurring Costs Cost in Dollars Personnel 1,020,000 Educational 1,500 Building Maintenance 4,000 Utilities 14,400 Recurring Total costs 1,039,900 The predicted service delivery performance measures with expanded resources would be: a. First Due: Six (6) minutes is the Response Time for receipt of call for services until arrival of the 1 st due company. Fire will be confined to the room of origin increasing the probability of accomplishing the critical tasks of rescue, fire control and property conservation. EMS survivability from cardiac arrest will increase by 10% for each minute of BLS care before 6 minutes. b. First Alarm: 10 minutes is the Response Time for receipt of call for services until the arrival of the first alarm assignment (2 engines, 1 Ladder, 1 Chief) on location. The time under 10 minutes significantly decreases fire spread and therefore increases rescue, fire control and property conservation measures. Additionally, the return of circulation for cardiac arrest victims with ALS within 10 minutes increases significantly. Police Department: The proposed annexation will have no effect on response times and will be assigned to Police District 10. Health Department: As indicated in previous annexations, the annexation of undeveloped property has little effect on operational activities; however, once the development begins the demand for services is immediate. This proposed annexation will require immediate attention by SW, EH, NP, MC and AS personnel. Parks and Recreation Department: Parks is already maintaining the trail and the landscaped medians. Building Division: The proposed annexation may effect review and inspection times depending on the types of development in the future. Public Works Department: The proposed annexation will have no effect. Engineering Department: At present day costs, the impact would be $2,500, for the extension of water and sewer lines (this does not include the upsizing of the lift station and force main at Sjolander and Blue Heron Parkway). In addition, due to the larger service area and increase in work load; a rough estimate of $8, is needed for incremental costs for vehicles and personnel. Means of Accomplishment: Annexation will be accomplished by extending from current city limit line. Public Input: The first is scheduled for August 4, 2016.

58 Future Land Use Plan Low-Medium Density Residential (Peach) Includes a range of existing residential uses from rural residential to limited multi-family residential. Primarily conventional, single-family detached dwellings and manufactured housing on platted lots; smaller lots are satisfactory if common open space is provided. The scale and mass of any multi-family development should be reviewed and considered for compatibility to neighboring uses. Uses including places of assembly, schools, parks, and other community facilities such as libraries with pedestrian links to residential. Commercial that serves neighborhoods not regions, such as office buildings, and neighborhood services to support and compliment residential area. Small-scale, neighborhood commercial located within a convenient walking distance of residences and buffered when adjacent to a residential use. Appropriate area for pedestrian and bicycle-friendly streets. Medium density development along perimeter of neighborhoods and generally along collector streets.

59 BAYTOWN CITY COUNCIL MEETING 4. a. Meeting Date: 08/11/2016 Subject: Consider authorizing the sale of surplus property located at Humble Avenue ROW Prepared for: Karen Horner, Legal Prepared by: Carla Hommel, Finance Department: Legal Information ITEM Consider an ordinance authorizing the sale of the property described as being located on the right-of-way East of Humble Avenue-consisting of 5,000 square feet of right-of-way, 50 feet wide and 100 feet long - located east of South Main Street; between blocks 12 and 13 from the map of the George Wright Tract out of the Thomas Wright (SR) tract in the William Scott lower map in Harris County, Texas, dated August 8, 1922, to Mr. DeWayne McCartney. PREFACE This proposed ordinance authorizes the sale of the property described as being located on the right-of-way East of Humble Avenue-consisting of 5,000 square feet of right-of-way, 50 feet wide and 100 feet long - located east of South Main Street; between blocks 12 and 13 from the map of the George Wright Tract out of the Thomas Wright (SR) tract in the William Scott lower map in Harris County, Texas, dated August 8, 1922, to Mr. DeWayne McCartney in the amount of $15,600. The City was contacted regarding the possible purchase of the property. Thereafter, the City put the property up for bid and established a minimum opening price based upon the HCAD value of the adjoining lot. The City published the bid in The Baytown Sun on July 13th and 20th, 2016, and bids were opened on 2:00 p.m. on July 28, Only one request for proposal package was picked up and only one proposal was received by Mr. DeWayne McCartney in the amount of $15,600. Should the City Council wish to accept the offer to purchase, the City will convey the property via a deed without warranty. RECOMMENDATION Staff recommends approval. Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Fiscal Impact

60 Funds Budgeted Y/N: Amount Needed: Fiscal Impact (Additional Information): Proceeds from the sale will be credited to the General Fund. RFP Received Proposal CIQ Ordinance - Sale of Property Attachments

61 CITY OF BAYTOWN Purchasing (281) P. O. BOX 424 Baytown, Texas July 11, 2016 NOTICE TO BIDDERS SALE OF CITY PROPERTY: THE RIGHT OF WAY OF EAST HUMBLE AVENUE CONSISTING OF 5,000 SQUARE FEET OF RIGHT-OF-WAY, 50 FEET WIDE AND 100 FEET LONG - LOCATED EAST OF SOUTH MAIN STREET. THE RIGHT-OF- WAY IS BETWEEN BLOCKS 12 AND 13 FROM THE MAP OF THE GEORGE WRIGHT TRACT OUT OF THE THOMAS WRIGHT (SR) TRACT IN THE WILLIAM SCOTT LOWER MAP IN HARRIS COUNTY, TEXAS, DATED AUGUST 8, BID NUMBER RFP All sealed bids should be sent in duplicate to the Purchasing Manager of the City of Baytown by: 2:00 P.M. THURSDAY JULY 28, 2016 Bidders shall include with this Invitation to Bid the Specification sheets appropriately filled out according to instructions in the Terms and Conditions. DREW POTTS PURCHASING MANAGER Phone: (281) Fax No: (281) NOTE: BIDS ARE TO BE TURNED IN TO PURCHASING AT CITY HALL, LOCATED AT 2401 MARKET STREET, BAYTOWN, TEXAS LATE BIDS WILL NOT BE CONSIDERED. PUBLISHED: 7/13/2016 7/20/2016 INVITATION TO BID P.O. Box 424 Baytown, Texas

62 Bidder Must Fill In &Sign Name of Firm, Company Agent s Name Agent s Title Mailing Address City State Zip Telephone BID NUMBER: RFP BID OPENING: THURSDAY, JULY 28, 2:00 PM SALE OF CITY PROPERTY: THE RIGHT-OF-WAY OF EAST HUMBLE AVENUE CONSISTING OF 5,000 SQUARE FEET OF RIGHT-OF-WAY, 50 FEET WIDE AND 100 FEET LONG - LOCATED EAST OF SOUTH MAIN. THE RIGHT-OF-WAY IS BETWEEN BLOCKS 12 AND 13 FROM THE MAP OF THE GEORGE WRIGHT TRACT OUT OF THE THOMAS WRIGHT (SR) TRACT IN THE WILLIAM SCOTT LOWER MAP IN HARRIS COUNTY, TEXAS, DATED AUGUST 8, Fax No. AUTHORIZED SIGNATURE FAILURE TO MANUALLY SIGN SHALL DISQUALIFY BID LATE BIDS WILL NOT BE CONSIDERED BIDDER AGREES TO COMPLY WITH ALL CONDITIONS BELOW, ATTACHED SPECIFICATIONS, AND NOTES. BIDDER HAS READ AND AGREES TO COMPLY WITH ALL TERMS AND CONDITIONS OF INVITATION TO BID. ITEM NO. ITEM AND DESCRIPTION QUANTITY UNIT PRICE EXTENSION 1. SALE OF CITY PROPERTY: THE RIGHT- OF-WAY OF EAST HUMBLE AVENUE CONSISTING OF 5,000 SQUARE FEET OF RIGHT-OF-WAY, 50 FEET WIDE AND 100 PAYMENT DESTINATION FEET LONG - LOCATED EAST OF SOUTH MAIN STREET. THE ROW IS BETWEEN BLOCKS 12 AND 13 FROM THE MAP OF THE GEORGE WRIGHT TRACT OUT OF THE THOMAS WRIGHT (SR) TRACT IN THE WILLIAM SCOTT LOWER MAP IN HARRIS COUNTY, TEXAS, DATED AUGUST 8, Grand Total: $ Amount proposed for the purchase of the property must meet or exceed $15, or Fair Market Value. By the signature hereon affixed, the bidder hereby certifies that neither the bidder nor the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, or institution has violated the antitrust laws of the State, codified in Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. 2

63 TERMS AND CONDITIONS 1. The City of Baytown will accept sealed bids Monday through Friday, 8:00 a.m. 12:00 p.m. and 1:00 p.m. 5:00 p.m. Purchasing Department is closed from 12:00 p.m. to 1:00 p.m. Bids must be received by the PURCHASING DEPARTMENT before the specified hour and date of the opening. At that time the bids will be publicly opened and read aloud. 2. All sealed bids should be submitted on the original forms provided. Each bid must be sealed and should be placed in a properly identified envelope with bid number, time and date of bid opening. 3. Late bids will be UNOPENED. Late bids will not be considered under any circumstances. 4. Bids CANNOT be altered or amended after opening time. Any alterations made before opening time must be initialed by bidder or his authorized agent. No bid may be withdrawn after opening without approval, and based on a written acceptable reason. 5. The City of Baytown reserves the right to revise or amend the specifications prior to date set for opening bids. Such revisions or amendments, if any, will be announced by amendments or addendum to these specifications. Copies of such amendments or addendum so issued will be furnished to all prospective bidders. If bidder demonstrates just reason for a change, the City of Baytown must have at least five working days notice prior to bid opening date. 6. Should bidder find discrepancies in or omissions from the specifications or other documents or be in doubt as to their meaning, bidder should at once notify the Purchasing Department and obtain clarification prior to submitting a bid. 7. QUOTE F.O.B. destination. Price should include all costs including shipping, handling, and other related costs. Bid unit price on quantity specified extend and show total. In case of errors in extension, UNIT prices shall govern. Bids subject to unlimited price increases will not be considered. 8. Bid offered shall be valid for ninety (90) days from opening date. 9. The City of Baytown is exempt from taxes. DO NOT INCLUDE TAX IN BID. 10. The City of Baytown reserves the right to terminate this contract with cause within ten (10) working days or without cause within thirty (30) calendar days by notifying the contractor in writing prior to the termination of this agreement. Furthermore, the City may immediately and without notice terminate this Agreement if Bidder breaches this agreement Bidder MUST give full firm name and address. FAILURE TO MANUALLY SIGN BID SHALL DISQUALIFY IT. Person signing bid should show TITLE or AUTHORITY TO BIND HIS FIRM IN A CONTRACT. 12. Any catalog, brand name or manufacturer s reference used in bid invitation is descriptive NOT restrictive it is to indicate type and quality desired. Bids on brands of like nature and quality will be considered. If bidding on other than reference specifications, bidder must show manufacturer, brand or trade name, lot number, etc., of article offered. If other than brand(s) specified is offered, illustrations and complete description should be made part of the bid. If bidder takes no exceptions to specifications or reference data, he will be required to furnish brand names, numbers, etc., as specified. All items bid shall be new, in first class condition and manufacturer s latest model and design including containers suitable for shipment and storage, unless otherwise indicated in bid invitation. Verbal agreements to the contrary will not be recognized. 13. If the brochure or information included with your bid does not exactly describe the item to be furnished, then notes in the attached form, EXCEPTIONS TO BIDDER S PROPOSAL, must explain the difference. Comments in this form signify that your proposal takes exception to the stated specifications. Exceptions taken may be just cause to disqualify bid. 14. NO substitutions or cancellations permitted without written approval of the City of Baytown. 15. All bidders must meet or exceed the minimum specifications to be considered as a valid bid. The City of Baytown reserves the right to accept or reject all or any part of any bid, waive minor technicalities and award the bid either to the lowest responsible bidder or to the bidder who provides goods or services at the best value for the City of Baytown. 16. DELIVERY: Specifications indicate number of days required to place material in receiving department designated location under normal conditions. A difference in delivery promise may break a tie bid. Unrealistically short or long delivery promises may cause bid to be disregarded. Consistent failure to meet delivery promises without valid reason may cause removal from bid list. Delivery shall be made during normal working hours only, 8:00 a.m. to 5:00 p.m. unless prior approval for late delivery has been obtained. 17. Consistent and continued tie bidding could cause rejection of bids by the City of Baytown and/or investigation for Anti-Trust violations. 18. If a bid contains proprietary information, the Bidder must declare such information as proprietary if bidder does not want information to become public. Any proprietary information must be clearly identified in the bid. 19. The Contractor/Supplier agrees to protect the City of Baytown from claims involving infringement of patents or copyrights. 20. Purchase order number should be on original invoice and invoice sent to the City of Baytown, PO Box 424, Baytown, TX ; Attn: Accounts Payable. 21. The City of Baytown shall pay for the product/service within thirty (30) days of receipt and acceptance. Acceptance by the City of Baytown shall constitute all items bid being received and in good working order to the City of Baytown s satisfaction. 22. Bidder should sign, date and complete CONFLICT OF INTEREST QUESTIONNAIRE and return with Invitation to Bid. 23. Bidder must complete and execute the Affidavit of Ownership or Control included in the bid package and required by Chapter 2 Administration, Article V Finance, Division 4 City Contracts: Indebtedness to City of the Code of Ordinances, Baytown, Texas. Such affidavit must be included in the sealed envelope with the Bid at the time the bid is submitted to the Purchasing Manager

64 CITY OF BAYTOWN -SPECIFICATIONS- SALE OF CITY PROPERTY: THE RIGHT-OF-WAY OF EAST HUMBLE AVENUE CONSISTING OF 5,000 SQUARE FEET OF RIGHT-OF-WAY, 50 FEET WIDE AND 100 FEET LONG - LOCATED EAST OF SOUTH MAIN STREET. THE ROW IS BETWEEN BLOCKS 12 AND 13 FROM THE MAP OF THE GEORGE WRIGHT TRACT OUT OF THE THOMAS WRIGHT (SR) TRACT IN THE WILLIAM SCOTT LOWER MAP IN HARRIS COUNTY, TEXAS, DATED AUGUST 8, BID NUMBER: RFP SCOPE: The City of Baytown seeks competitive bids for offers to purchase City property being described as right-of-way of East Humble Avenue consisting of 5,000 square feet of right-of-way, 50 feet wide and 100 feet long located east of South Main Street. The right-of-way is between blocks 12 and 13 from the map of the George Wright Tract, out of the Thomas Wright (Sr) Tract in the William Scott Lower Map in Harris County, Texas, dated August 8, The purpose of these specifications is to describe the minimum requirements for the sale of the City property. RESPONSIBILITIES OF BUYER: the responsibility of the Buyer. All expenses related to the purchase of the Property will be CONDITION OF PROPERTY: THE PROPERTY, IF SOLD, WILL BE SOLD AS- IS, WHERE-IS WITH ALL FAULTS. DISCLAIMER OF WARRANTIES: The City disclaims all warranties, whether implied or express, and expressly makes no warranty or representation of any kind concerning the condition of the Property or its suitability or fitness for any intended use by the Bidder. Furthermore, the City makes no warranty or representation that the intended use will comply with applicable zoning ordinances or other land use controls or regulations. The Bidder agrees to accept the Property as-is, where-is with all faults. DEED WITHOUT WARRANTY: The property will be conveyed via A Deed without Warranty. INVITATION TO BID: All bids shall include the following: Name of Bidder Address of Bidder Telephone Number Fax Number Address (if available) Signature of Bidder 4

65 Bid Amount TIME: Bid offered shall be valid for ninety (90) days from bid opening date. ADDITIONAL INFORMATION: Bidder may contact Drew Potts, Purchasing Manager at for any information regarding sale of property or to set up an appointment to view the property. EVALUATION CRITERIA: The award of the bid shall be based on the highest and best bid from the bidder that meets the City of Baytown s requirements. The City of Baytown reserves the right to accept or reject all or any part of any bid, waive minor technicalities and award the bid to best serve the interest of the City of Baytown. INDEMNITY AGREEMENT: THE BIDDER HEREBY AGREES TO AND SHALL INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, DEMANDS, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS AND ATTORNEYS' FEES, FOR INJURY TO OR DEATH OF ANY PERSON, FOR DAMAGE TO ANY PROPERTY OR INJURY TO ANY PERSON ARISING OUT OF OR IN CONNECTION WITH THE SALE OF THE PROPERTY OR THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES. SUCH INDEMNITY SHALL APPLY WHERE THE CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS OR LIABILITY ARISE IN PART FROM (I) THE JOINT NEGLIGENCE OF THE CITY AND THE BIDDER, AND/OR THEIR RESPECTIVE OFFICERS, AGENTS AND/OR EMPLOYEES OR (II) THE SOLE NEGLIGENCE OF THE BIDDER, ITS OFFICERS, AGENTS AND EMPLOYEES. IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH BIDDER AND THE CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY BIDDER TO INDEMNIFY AND PROTECT THE CITY FROM THE CONSEQUENCE OF (I) THE CITY S OWN NEGLIGENCE WHERE THAT NEGLIGENCE IS A CONCURRING CAUSE WITH THAT OF THE BIDDER OF THE INJURY, DEATH OR DAMAGE AND/OR (II) THE BIDDER S OWN NEGLIGENCE WHERE THAT NEGLIGENCE IS THE SOLE CAUSE OF THE INJURY, DEATH, OR DAMAGE. FURTHERMORE, THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL HAVE NO APPLICATION TO ANY CLAIM, LOSS, DAMAGE, CAUSE OF ACTION, SUIT AND LIABILITY WHERE IN INJURY, DEATH OR DAMAGE RESULTS FROM THE SOLE NEGLIGENCE OF THE CITY UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY. IN THE EVENT ANY ACTION OR PROCEEDING IS BROUGHT AGAINST THE CITY BY REASON OF ANY 5

66 OF THE ABOVE, THE BIDDER AGREES AND COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY COUNSEL ACCEPTABLE TO THE CITY. THE INDEMNITY PROVIDED FOR HEREIN SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. COMPLIANCE WITH LAWS: Bidder shall comply with all Federal and State laws and City Ordinances and Codes applicable. PAYMENT: Payment for the property shall be cash, cashier s check, or certified check only. Payment shall be made within ten (10) days of the letter of award notification from the City at the office of the City Clerk located at 2401 Market Street, Baytown, Texas BID DELIVERY: The City of Baytown Purchasing Department shall accept bids Monday through Friday, 8:00 a.m. - 12:00 p.m. and 1:00 p.m. - 5:00 p.m. Bids must be received by the Purchasing Department before the specified hour and date of the opening. The Purchasing Department is closed from 12:00 p.m. - 1:00 p.m. The Bid is to be properly identified with bid number and time and date of bid opening. Submit to: CITY OF BAYTOWN PURCHASING DEPARTMENT 2401 MARKET STREET BAYTOWN, TX

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68 CERTIFICATE OF INTERESTED PARTIES: In 2015, the Texas Legislature adopted House Bill 1295, which added section of the Government Code and, as it applies to contracts entered into on or after January 1, The law states that a governmental entity may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity at the time the business entity submits the signed contract to the governmental entity. The law applies to all contracts/purchases of a governmental entity that require an action or vote by the governing body of the entity. With regards to City of Baytown purchases, a vendor that is awarded a contract or purchase that is greater than $50,000 is required to electronically create a Form 1295 through the Texas Ethics Commission website ( and submit a signed and notarized copy of the form to the City. The City will not enter into a contract or make a purchase in excess of $50,000 unless the City receives a properly completed Form

69 INSTRUCTION: ENTITIES USING AN ASSUMED NAME SHOULD DISCLOSE SUCH FACT TO AVOID REJECTION OF THE AFFIDAVIT. THE FOLLOWING FORMAT IS RECOMMENDED: CORPORATE/LEGAL NAME DBA ASSUMED NAME. STATE OF AFFIDAVIT OF OWNERSHIP OR CONTROL COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared [FULL NAME] (hereinafter Affiant ), [STATE TITLE/CAPACITY WITH CONTRACTING ENTITY] of [CONTRACTING ENTITY S CORPORATE/LEGAL NAME] ("Contracting Entity"), who being by me duly sworn on oath stated as follows: 1. Affiant is authorized to give this affidavit and has personal knowledge of the facts and matters herein stated. 2. Contracting Entity seeks to do business with the City in connection with [DESCRIBE PROJECT OR MATTER] which is expected to be in an amount that exceeds $50, The following information is submitted in connection with the proposal, submission or bid of Contracting Entity in connection with the above described project or matter. 4. Contracting Entity is organized as a business entity as noted below (check box as applicable). FOR PROFIT ENTITY: NON-PROFIT ENTITY: [ ] SOLE PROPRIETORSHIP [ ] NON-PROFIT CORPORATION [ ] CORPORATION [ ] UNINCORPORATED ASSN. [ ] PARTNERSHIP [ ] LIMITED PARTNERSHIP [ ] JOINT VENTURE [ ] LIMITED LIABILITY COMPANY [ ] OTHER (Specify type in space below): 5. The information shown below is true and correct for the Contracting Entity and all owners of 5% or more of the Contracting Entity and, where the Contracting Entity is a non-profit entity, the required information has been shown for each officer. [NOTE: IN ALL CASES, USE FULL NAMES, LOCAL BUSINESS AND RESIDENCE ADDRESSES AND TELEPHONE NUMBERS. DO NOT USE POST OFFICE BOXES FOR ANY ADDRESS. INCLUSION OF ADDRESSES IS OPTIONAL, BUT RECOMMENDED. ATTACH ADDITIONAL SHEETS AS NEEDED.] Contracting Entity Name: Business Address [NO./STREET] [CITY/STATE/ZIP CODE] Telephone Number Address Residence Address ( ) [OPTIONAL] [NO./STREET] [CITY/STATE/ZIP CODE] Telephone Number Address [OPTIONAL] ( ) [OPTIONAL] 9

70 5% or More Owner(s)/Officers of Non-Profit Corporation (IF NONE, STATE "NONE.") Name: Business Address [NO./STREET] [CITY/STATE/ZIP CODE] Telephone Number Address Residence Address ( ) [OPTIONAL] [NO./STREET] [CITY/STATE/ZIP CODE] Telephone Number [OPTIONAL] ( ) Address [OPTIONAL] 6. Optional Information Contracting Entity and/or [NAME OF OWNER OR NON-PROFIT OFFICER] is actively protesting, challenging or appealing the accuracy and/or amount of taxes levied against [CONTRACTING ENTITY, OWNER OR NON-PROFIT OFFICER] as follows: Name of Debtor: Type of Debt: Account Nos.: Case or File Nos.: Attorney/Agent Name: Attorney/Agent Phone No.: Delinquent Years/Months: Status of Appeal [DESCRIBE]: Affiant certifies that he or she is duly authorized to submit the above information on behalf of the Contracting Entity, that Affiant is associated with the Contracting Entity in the capacity noted above and has personal knowledge of the accuracy of the information provided herein, and that the information provided herein is true and correct to the best of Affiant's knowledge and belief. Affiant SWORN TO AND SUBSCRIBED before me this day of, 20. (Seal) Notary Public in and for the State of NOTE: This affidavit constitutes a government record as defined by Section of the Texas Penal Code. Submission of a false government record is punishable as provided in Section of the Texas Penal Code. Attach additional pages if needed to supply the required names and addresses. 10

71 CITY OF BAYTOWN -SPECIFICATIONS- SALE OF CITY PROPERTY: THE RIGHT-OF-WAY OF EAST HUMBLE AVENUE CONSISTING OF 5,000 SQUARE FEET OF RIGHT-OF-WAY, 50 FEET WIDE AND 100 FEET LONG - LOCATED EAST OF SOUTH MAIN STREET. THE RIGHT-OF-WAY IS BETWEEN BLOCKS 12 AND 13 FROM THE MAP OF THE GEORGE WRIGHT TRACT OUT OF THE THOMAS WRIGHT (SR) TRACT IN THE WILLIAM SCOTT LOWER MAP IN HARRIS COUNTY, TEXAS, DATED AUGUST 8, BID NUMBER: RFP

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79 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE SALE OF THE PROPERTY DESCRIBED AS BEING LOCATED ON THE RIGHT-OF-WAY EAST OF HUMBLE AVENUE- CONSISTING OF 5,000 SQUARE FEET OF RIGHT-OF-WAY, 50 FEET WIDE AND 100 FEET LONG - LOCATED EAST OF SOUTH MAIN STREET; BETWEEN BLOCKS 12 AND 13 FROM THE MAP OF THE GEORGE WRIGHT TRACT OUT OF THE THOMAS WRIGHT (SR) TRACT IN THE WILLIAM SCOTT LOWER MAP IN HARRIS COUNTY, TEXAS, DATED AUGUST 8, 1922, TO DEWAYNE MCCARTNEY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************************************** WHEREAS, the City of Baytown advertised to accept offers for the sale of the property described as being located on the right-of-way east of Humble Avenue-consisting of 5,000 square feet of right-of-way, 50 feet wide and 100 feet long - located east of South Main Street; between blocks 12 and 13 from the map of the George Wright Tract out of the Thomas Wright (SR) tract in the William Scott lower map in Harris County, Texas, dated August 8, 1922, to be received on July 28, 2016; 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., Thursday, July 28, 2016, as per published notice to bidders; and WHEREAS, contingent upon the receipt of FIFTEEN THOUSAND SIX HUNDRED AND NO/100 DOLLARS ($15,600.00), the City is willing to sell the Property to Dewayne McCartney; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That contingent upon the receipt of FIFTEEN THOUSAND SIX HUNDRED AND NO/100 DOLLARS ($15,600.00), the City Council of the City of Baytown, Texas, hereby authorizes the sale of the property described as being located on the right-of-way east of Humble Avenue-consisting of 5,000 square feet of right-of-way, 50 feet wide and 100 feet long - located east of South Main Street; between blocks 12 and 13 from the map of the George Wright Tract out of the Thomas Wright (SR) tract in the William Scott lower map in Harris County, Texas, dated August 8, 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 Dewayne McCartney.

80 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 11 th day of August, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Ordinances\2016\August 11\SaleofProperty.doc 2

81 BAYTOWN CITY COUNCIL MEETING 5. a. Meeting Date: 08/11/2016 Subject: Consider Authorizing a Grant Application to the FY17 JAG Grant Program through H-GAC for Police Prepared by: Leasa Lopez, Grants Department: Grants Information ITEM Consider a resolution authorizing a grant application to the FY2017 JAG Grant program through the Houston-Galveston Area Council (H-GAC) on behalf of the Police Department. PREFACE This proposed resolution authorizes the City of Baytown (the "City") to submit a grant application to the Houston-Galveston Area Council (H-GAC) for the FY2017 State Homeland Security Program Justice Assistance Grant (JAG) Program through the Office of the Governor - Criminal Justice Division on behalf of the Police Department. JAG "funds may be used for state and local initiatives,... training, personnel, equipment... that will improve or enhance... law enforcement programs." If approved, the City will submit an application for an amount not to exceed $125,000 for the purchase of 20 sets of Specialized Response Team personal protective equipment including vests with rifle plates and helmets with hearing protection for the Type I Bomb Squad/EOD and Type II SWAT Teams. This amount includes shipping and handling costs, if applicable. There is no cost-share requirement for this application however, in the event of loss or misuse of these grant funds, the City must return the funds in full to the Office of the Governor. The projected period of performance is 12-months beginning September 2016 through August RECOMMENDATION Staff recommends approval. Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Fiscal Impact

82 Amount Needed: Fiscal Impact (Additional Information): No City cost-share requirement. Resolution - JAG Attachments

83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO SUBMIT A GRANT APPLICATION FOR THE FY2017 STATE HOMELAND SECURITY PROGRAM JUSTICE ASSISTANCE GRANT (JAG) PROGRAM THROUGH THE OFFICE OF THE GOVERNOR - CRIMINAL JUSTICE DIVISION ON BEHALF OF THE POLICE DEPARTMENT IN AN AMOUNT NOT TO EXCEED ONE HUNDRED TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($125,000.00); DESIGNATING AN AUTHORIZED REPRESENTATIVE; ASSURING PROPER USE AND MAINTENANCE OF GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************************************** TEXAS: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, Section 1: That the City Manager of the City of Baytown is hereby authorized to submit a continuation grant application for the FY2017 State Homeland Security Program Justice Assistance Grant (JAG) Program through the Office of the Governor - Criminal Justice Division on behalf of the Police Department in an amount not to exceed ONE HUNDRED TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($125,000.00). Section 2: That the City Manager is hereby designated as the authorized representative of the City of Baytown for all purposes under the grant, including the acceptance, affirmation, rejection, alteration, or termination of any grant award that may result from the above application. Section 3: That in the event of loss or misuse of the grant funds, the City Council of the City of Baytown hereby assures the Criminal Justice Division of the Office of the Governor, State of Texas, that such grant funds will be returned to the Criminal Justice Division in full. 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 11 th day of August, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Resolutions\2016\August 11\JAGGrant.doc

84 BAYTOWN CITY COUNCIL MEETING 5. b. Meeting Date: 08/11/2016 Subject: Consider Authorizing a TIFMAS Grant Assistance Program Application for Fire. Prepared by: Leasa Lopez, Grants Department: Grants Information ITEM Consider a resolution authorizing the City to submit a grant application to the Texas Intrastate Fire Mutual Aid System Grant Assistance Program through the Texas A&M Forest Service on behalf of the Baytown Fire Department. PREFACE This proposed resolution authorizes the City to submit a grant application to the Texas Intrastate Fire Mutual Aid System (TIFMAS) Grant Assistance Program through the Texas A&M Forest Service on behalf of the Baytown Fire Department. The Texas A&M Forest Service is a member of The Texas A&M University System and an agency of the State of Texas. The Service uses funds to acquire fire and rescue apparatus to support the Texas Instrastate Fire Mutual Aid System (TIFMAS). If approved, the City will receive a wildland fire truck. The value of the apparatus ranges between $100,000 to $200,000 and will be used to fight wildland and other types of fire response activities. The vehicle will be 100% funded by the TIFMAS program; there is no local cost match. 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

85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO SUBMIT A GRANT APPLICATION TO THE TEXAS INTRASTATE FIRE MUTUAL AID SYSTEM (TIFMAS) GRANT ASSISTANCE PROGRAM THROUGH THE TEXAS A&M FOREST SERVICE ON BEHALF OF THE BAYTOWN FIRE DEPARTMENT; DESIGNATING AN AUTHORIZED REPRESENTATIVE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************************************************* TEXAS: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, Section 1: That the City Manager of the City of Baytown is hereby authorized to submit a continuation grant application for the Texas Intrastate Fire Mutual Aid System (TIFMAS) Grant Assistance Program through the Texas A&M Forest Service on behalf of the Baytown Fire Department. Section 2: That the City Manager is hereby designated as the authorized representative of the City of Baytown for all purposes under the grant, including the acceptance, affirmation, rejection, alteration, or termination of any grant award that may result from the above application. Section 3: This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 11 th day of August, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Resolutions\2016\August 11\TIFMASGrant.doc

86 BAYTOWN CITY COUNCIL MEETING 6. a. Meeting Date: 08/11/2016 Subject: Receive a Report from the Economic Development Alliance. Prepared for: Rick Davis, City Management Prepared by: Rachel Philo, Administration Department: Administration Information ITEM Receive a report from the Economic Development Alliance regarding Year Three of the Economic Development Services Agreement for the Tourism and Promotional Services. PREFACE Mr. Chad Burke, President/CEO of the Economic Development Alliance, will present a report to the Mayor and City Council regarding Year Three of the Economic Development Services Agreement for the Tourism and Promotional Services. 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.

87 BAYTOWN CITY COUNCIL MEETING 7. a. Meeting Date: 08/11/2016 Subject: Consider Authorizing an Interlocal Agreement with the Municipal Development District for the Pirates Bay Addition of an Aqua Loop Prepared for: Scott Johnson, Parks and Recreation Prepared by: Scott Johnson, Parks and Recreation Department: Parks and Recreation Information ITEM Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for the Pirates Bay Water Park addition of an Aqua Loop. PREFACE This proposed ordinance authorizes an interlocal agreement with the Baytown Municipal Development District for expenditures up to $250,000 for the Pirates Bay Water Park addition of an Aqua Loop. The Aqua Loop slide will be the newest attraction at Pirates Bay Water Park. The new thrill slide is planned for the 2017 summer season. Construction will begin in September 2016, using current year funding. Funding for the completion of this project will be available October 1, RECOMMENDATION Staff recommends approval. Fiscal Impact Fiscal Year: 2017 Acct Code: PRMD1410 Source of Funds (Operating/Capital/Bonds): MDD Funds Budgeted Y/N: Y Amount Needed: $250, Fiscal Impact (Additional Information): Ordinance - Aqua Loop Exhibit A - Aqua Loop Attachments

88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR FUNDING OF THE PIRATES BAY WATER PARK AQUA LOOP PROJECT; 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 the Interlocal Agreement with the Baytown Municipal Development District for funding of the Pirates Bay Water Park Aqua Loop Project. A copy of said agreement is attached hereto as Exhibit A, and incorporated herein for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 11 th day of August, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Ordinances\2016\August 11\MDDAgreement4PiratesBayWaterParkAquaLoopProject.doc

89 Exhibit "A" AGREEMENT FOR FUNDING OF PIRATES BAY WATER PARK AQUA LOOP PROJECT STATE OF TEXAS COUNTY OF HARRIS This Agreement for Funding of the Pirates Bay Water Park Aqua Loop Project (the Agreement ) is made by and between the CITY OF BAYTOWN, a municipal corporation located in Harris and Chambers Counties, Texas, (the City ) and the BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT, created under Chapter 377 of the Texas Local Government Code, as amended, (the Act ) and located in Harris County, Texas, (the District ). For and in consideration of the mutual covenants herein contained, it is agreed as follows: Section 1. Representations and Warranties of District. a) The District is engaged in an on-going effort to provide new resources to plan, acquire, establish, develop, construct and/or renovate one or more development projects beneficial to the District, which includes the incorporated limits of the City lying within Harris County. b) The District covenants that it shall actively work to productively coordinate its activities with the City in an effort to reduce duplication of services. c) The District represents and warrants that it has been properly created and is duly authorized pursuant to the Act to enter into this Agreement. Section 2. Description of Program. The City, with the assistance of the District as herein specified, agrees to construct or cause to be constructed the Aqua Loop at Pirates Bay Water Park (the Project ). Section 3. Reports. The City shall prepare and submit to the District within 120 days after the end of each fiscal year during the term of this Agreement a verbal or brief written report describing the services performed by the City pursuant to this Agreement during the previous year along with a summary of expenditures for the previous fiscal year. Section 4. Approvals. The District understands, hereby directs and authorizes the City to make any Project clarifications and/or modifications as may be necessary as determined by the City in its sole discretion. Section 5. Funds to be provided by the District. For and in consideration of the services to be provided by the City in furtherance of this Agreement, the District shall tender funds to the City in an amount not to exceed TWO HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($250,000.00). All payments required to be made herein shall be payable on or before 30 days after the District receives an invoice therefor from the City. Section 6. Term. This Agreement shall be effective on October 1, 2016, and shall expire thirty (30) days after final completion and acceptance of the Project by the City, unless sooner terminated by either party hereto pursuant to the terms hereof. Agreement for Funding of the Pirates Bay Water Park Aqua Loop Project, Page 1

90 Section 7. Termination for Cause. A party may terminate its performance under this Agreement only upon default by the other party. Default by a party shall occur if the party fails to perform or observe any of the terms and conditions of this Agreement required to be performed or observed by that party. Should such a default occur, the party against whom the default has occurred shall have the right to terminate all or part of its obligations under this Agreement as of the 30 th day following the receipt by the defaulting party of a notice describing such default and intended termination, provided: (1) such termination shall be ineffective if within said 30-day period the defaulting party cures or has commenced the cure of the default, or (2) such termination may be stayed, at the sole option of the party against whom the default has occurred, pending cure of the default. Upon the termination of this Agreement, both parties shall be relieved of their respective obligations herein stated, except for those referenced in Section 9 hereinbelow. This Agreement shall not be subject to termination for convenience. Section 8. Force Majeure. Any prevention, delay, nonperformance, or stoppage due to any of the following causes shall excuse nonperformance for the period of any such prevention, delay, nonperformance, or stoppage, except the obligations imposed by this Agreement for the payment of funds allocated for the District s programs. The causes referred to above are strikes, lockouts, labor disputes, failure of power, acts of God, acts of public enemies of this State or of the United States, riots, insurrections, civil commotion, inability to obtain labor or materials or reasonable substitutes for either, governmental restrictions or regulations or controls, casualties or other causes beyond the reasonable control of the party obligated to perform. Section 9. Refund and Payment upon Termination. Upon termination of this Agreement pursuant to Section 7 hereof due to an uncured default by the City, the City hereby agrees to refund all unexpended, unappropriated monies previously paid by the District to the City pursuant to this Agreement. If at the time of termination the District owes the City monies, the District shall remit to the City the appropriate amount computed as of the effective date of the termination. Upon termination of this Agreement pursuant to Section 7 hereof due to an uncured default by the District, the District hereby agrees to pay the total amount committed in Section 5 hereof on or before the effective date of the termination. Section 10. Parties in Interest. This Agreement shall bind and benefit the City and the District and shall not bestow any rights upon any third parties. Section 11. Non-waiver. Failure of either party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing thereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce, by an appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. Section 12. Compliance with Applicable Laws. The parties hereto shall comply with all rules, regulations, and laws of the United States of America, the State of Texas, and all laws, regulations, and ordinances of the City of Baytown as they now exist or may hereafter be enacted or amended. Agreement for Funding of the Pirates Bay Water Park Aqua Loop Project, Page 2

91 Section 13. Choice of Law; Venue. This Agreement is subject to and shall be construed in accordance with the laws of the State of Texas, the laws of the federal government of the United States of America and all rules and regulations of any regulatory body or officer having jurisdiction. This Agreement is performable in Harris County, Texas. Section 14. Notices. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address described below or at such other address as the receiving party may have theretofore prescribed by notice to the sending party: District Baytown Municipal Development District Attn: President, Board of Directors P.O. Box 424 Baytown, Texas Fax: (281) City City of Baytown Attn: City Manager P.O. Box 424 Baytown, Texas Fax: (281) Section 15. Audits. The City and the District may, at any reasonable time, conduct or cause to be conducted an audit of the other parties records and financial transactions. The cost of said audit will be borne by the entity requesting the audit. The City and the District shall make available all of its records in support of the audit. Section 16. Ambiguities. In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. Section 17. Captions. The captions of the sections and subsections, if any, of this Agreement are for convenience and ease of reference only and do not define, limit, augment or describe the scope, content or intent of this Agreement or of any part or parts of this Agreement. Section 18. Entire Agreement. This Agreement contains all the agreements of the parties relating to the subject matter hereof and is the full and final expression of the agreement between the parties. Any oral representations or modifications concerning this instrument are of no force or effect excepting a subsequent modification in writing signed by all the parties hereto. Section 19. Assignment or Transfer of Rights or Obligations. The City shall not sell, assign, or transfer any of its rights or obligations under this Agreement in whole or in part without prior written consent of the District. Agreement for Funding of the Pirates Bay Water Park Aqua Loop Project, Page 3

92 Section 20. Severability. All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. Section 21. Authority. The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. IN WITNESS WHEREOF, the parties have made and executed this Agreement in multiple copies, each of which shall be an original and effective on the 1 st day of October, CITY OF BAYTOWN BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT RICHARD L. DAVIS City Manager ATTEST: STEPHEN H. DONCARLOS President ATTEST: LETICIA BRYSCH City Clerk APPROVED AS TO FORM: LETICIA BRYSCH Assistant Secretary APPROVED AS TO FORM: IGNACIO RAMIREZ, SR. City Attorney IGNACIO RAMIREZ, SR. General Counsel R:\Karen\Files\City Council\Municipal Development District\Contracts\Contracts 2016\PiratesBayAquaLoopContract.doc Agreement for Funding of the Pirates Bay Water Park Aqua Loop Project, Page 4

93 BAYTOWN CITY COUNCIL MEETING 7. b. Meeting Date: 08/11/2016 Subject: Consider Authorizing an Interlocal Agreement with the Municipal Development District for the Operation of the Ice Rink for Town Square Prepared for: Scott Johnson, Parks and Recreation Prepared by: Scott Johnson, Parks and Recreation Department: Parks and Recreation Information ITEM Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for the operation of the Ice Rink at Town Square. PREFACE This proposed resolution authorizes an interlocal agreement with the Baytown Municipal Development District for expenditures up to $50,000 for the operation of the Ice Rink at Town Square. The City purchased the ice rink and plans to operate the rink during late November and December. The City rented to own the ice rink the first year that included set up, a chiller, ice skates and a golf cart mounted scraper. The rink was purchased following the 2015 season. Through this interlocal agreement, the MDD will provide $30,000 for the annual cost of the rental of a chiller unit and $20,000 for barricades, crane rental and needed infrastructure for the operation of the rink. Funding for this project will be available October 1, RECOMMENDATION Staff recommends approval. Fiscal Impact Fiscal Year: 2017 Acct Code: PRMD4351 Source of Funds (Operating/Capital/Bonds): MDD Funds Budgeted Y/N: Y Amount Needed: $50, Fiscal Impact (Additional Information):

94 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR THE OPERATION OF THE TOWN SQUARE ICE RINK; 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 the Interlocal Agreement with the Baytown Municipal Development District for the operation of the Town Square Ice Rink. A copy of said agreement is attached hereto as Exhibit A, and incorporated herein for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 11 th day of August, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Ordinances\2016\August 11\MDDAgreement4TownSquareIceRinkProject.doc

95 Exhibit "A" AGREEMENT FOR FUNDING OF THE OPERATION OF THE TOWN SQUARE ICE RINK STATE OF TEXAS COUNTY OF HARRIS This Agreement for Funding of the Operation of the Town Square Ice Rink (the Agreement ) is made by and between the CITY OF BAYTOWN, a municipal corporation located in Harris and Chambers Counties, Texas, (the City ) and the BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT, created under Chapter 377 of the Texas Local Government Code, as amended, (the Act ) and located in Harris County, Texas, (the District ). For and in consideration of the mutual covenants herein contained, it is agreed as follows: Section 1. Representations and Warranties of District. a) The District is engaged in an on-going effort to provide new resources to plan, acquire, establish, develop, construct and/or renovate one or more development projects beneficial to the District, which includes the incorporated limits of the City lying within Harris County. b) The District covenants that it shall actively work to productively coordinate its activities with the City in an effort to reduce duplication of services. c) The District represents and warrants that it has been properly created and is duly authorized pursuant to the Act to enter into this Agreement. Section 2. Description of Program. The City, with the assistance of the District as herein specified, agrees to operate the Town Square Ice Rink (the Project ). The Project includes the rental of a chiller unit, barricades, crane rental and needed infrastructure. Section 3. Reports. The City shall prepare and submit to the District within 120 days after the end of each fiscal year during the term of this Agreement a verbal or brief written report describing the services performed by the City pursuant to this Agreement during the previous year along with a summary of expenditures for the previous fiscal year. Section 4. Approvals. The District understands, hereby directs and authorizes the City to make any Project clarifications and/or modifications as may be necessary as determined by the City in its sole discretion. Section 5. Funds to be provided by the District. For and in consideration of the services to be provided by the City in furtherance of this Agreement, the District shall tender funds to the City in an amount not to exceed FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00). All payments required to be made herein shall be payable on or before 30 days after the District receives an invoice therefor from the City. Section 6. Term. This Agreement shall be effective on October 1, 2016, and shall expire thirty (30) days after final completion and acceptance of the Project by the City, unless sooner terminated by either party hereto pursuant to the terms hereof. Agreement for Funding of the Operation of the Town Square Ice Rink, Page 1

96 Section 7. Termination for Cause. A party may terminate its performance under this Agreement only upon default by the other party. Default by a party shall occur if the party fails to perform or observe any of the terms and conditions of this Agreement required to be performed or observed by that party. Should such a default occur, the party against whom the default has occurred shall have the right to terminate all or part of its obligations under this Agreement as of the 30 th day following the receipt by the defaulting party of a notice describing such default and intended termination, provided: (1) such termination shall be ineffective if within said 30-day period the defaulting party cures or has commenced the cure of the default, or (2) such termination may be stayed, at the sole option of the party against whom the default has occurred, pending cure of the default. Upon the termination of this Agreement, both parties shall be relieved of their respective obligations herein stated, except for those referenced in Section 9 hereinbelow. This Agreement shall not be subject to termination for convenience. Section 8. Force Majeure. Any prevention, delay, nonperformance, or stoppage due to any of the following causes shall excuse nonperformance for the period of any such prevention, delay, nonperformance, or stoppage, except the obligations imposed by this Agreement for the payment of funds allocated for the District s programs. The causes referred to above are strikes, lockouts, labor disputes, failure of power, acts of God, acts of public enemies of this State or of the United States, riots, insurrections, civil commotion, inability to obtain labor or materials or reasonable substitutes for either, governmental restrictions or regulations or controls, casualties or other causes beyond the reasonable control of the party obligated to perform. Section 9. Refund and Payment upon Termination. Upon termination of this Agreement pursuant to Section 7 hereof due to an uncured default by the City, the City hereby agrees to refund all unexpended, unappropriated monies previously paid by the District to the City pursuant to this Agreement. If at the time of termination the District owes the City monies, the District shall remit to the City the appropriate amount computed as of the effective date of the termination. Upon termination of this Agreement pursuant to Section 7 hereof due to an uncured default by the District, the District hereby agrees to pay the total amount committed in Section 5 hereof on or before the effective date of the termination. Section 10. Parties in Interest. This Agreements shall bind and benefit the City and the District and shall not bestow any rights upon any third parties. Section 11. Non-waiver. Failure of either party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing thereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce, by an appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. Section 12. Compliance with Applicable Laws. The parties hereto shall comply with all rules, regulations, and laws of the United States of America, the State of Texas, and all laws, regulations, and ordinances of the City of Baytown as they now exist or may hereafter be enacted or amended. Agreement for Funding of the Operation of the Town Square Ice Rink, Page 2

97 Section 13. Choice of Law; Venue. This Agreement is subject to and shall be construed in accordance with the laws of the State of Texas, the laws of the federal government of the United States of America and all rules and regulations of any regulatory body or officer having jurisdiction. This Agreement is performable in Harris County, Texas. Section 14. Notices. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address described below or at such other address as the receiving party may have theretofore prescribed by notice to the sending party: District Baytown Municipal Development District Attn: President, Board of Directors P.O. Box 424 Baytown, Texas Fax: (281) City City of Baytown Attn: City Manager P.O. Box 424 Baytown, Texas Fax: (281) Section 15. Audits. The City and the District may, at any reasonable time, conduct or cause to be conducted an audit of the other parties records and financial transactions. The cost of said audit will be borne by the entity requesting the audit. The City and the District shall make available all of its records in support of the audit. Section 16. Ambiguities. In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. Section 17. Captions. The captions of the sections and subsections, if any, of this Agreement are for convenience and ease of reference only and do not define, limit, augment or describe the scope, content or intent of this Agreement or of any part or parts of this Agreement. Section 18. Entire Agreement. This Agreement contains all the agreements of the parties relating to the subject matter hereof and is the full and final expression of the agreement between the parties. Any oral representations or modifications concerning this instrument are of no force or effect excepting a subsequent modification in writing signed by all the parties hereto. Section 19. Assignment or Transfer of Rights or Obligations. The City shall not sell, assign, or transfer any of its rights or obligations under this Agreement in whole or in part without prior written consent of the District. Agreement for Funding of the Operation of the Town Square Ice Rink, Page 3

98 Section 20. Severability. All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. Section 21. Authority. The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. IN WITNESS WHEREOF, the parties have made and executed this Agreement in multiple copies, each of which shall be an original and effective on the 1 st day of October, CITY OF BAYTOWN BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT RICHARD L. DAVIS City Manager ATTEST: STEPHEN H. DONCARLOS President ATTEST: LETICIA BRYSCH City Clerk APPROVED AS TO FORM: LETICIA BRYSCH Assistant Secretary APPROVED AS TO FORM: IGNACIO RAMIREZ, SR. City Attorney IGNACIO RAMIREZ, SR. General Counsel R:\Karen\Files\City Council\Municipal Development District\Contracts\Contracts 2016\TownSquareIceRinkProjectContract.doc Agreement for Funding of the Operation of the Town Square Ice Rink, Page 4

99 BAYTOWN CITY COUNCIL MEETING 7. c. Meeting Date: 08/11/2016 Subject: Consider Authorizing an Interlocal Agreement with the Municipal Development District for the Construction of the Goose Creek Trail Phase VI Prepared for: Scott Johnson, Parks and Recreation Prepared by: Scott Johnson, Parks and Recreation Department: Parks and Recreation Information ITEM Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for the construction of the Goose Creek Trail Phase VI. PREFACE This proposed ordinance authorizes an interlocal agreement with the Baytown Municipal Development District for expenditures up to $205, for the extension of the Goose Creek Trail Phase VI. During the construction of the Goose Creek Trail Phases V and VI, there was a drastic increase in the cost of concrete causing the budget to be insufficient to complete the project. This project will complete the trail that would connect Bush Terrace Park to the Animal Control building underneath the Highway 146 flyovers including a pedestrian crossing at Decker Drive. Once complete, the trail will connect from Bayland Island Marina to Baker Road at Hutto Parkway. Funding for this project will be available October 1, RECOMMENDATION Staff recommends approval. Fiscal Impact Fiscal Year: 2017 Acct Code: PRMD3010 Source of Funds (Operating/Capital/Bonds): MDD Funds Budgeted Y/N: Y Amount Needed: $205, Fiscal Impact (Additional Information):

100 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR FUNDING OF THE GOOSE CREEK TRAIL PHASE VI PROJECT; 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 the Interlocal Agreement with the Baytown Municipal Development District for funding of the Goose Creek Trail Phase VI Project. A copy of said agreement is attached hereto as Exhibit A, and incorporated herein for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 11 th day of August, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Ordinances\2016\August 11\MDDAgreement4GooseCreekTrailPhaseVIProject.doc

101 Exhibit "A" AGREEMENT FOR FUNDING OF THE GOOSE CREEK TRAIL PHASE VI PROJECT STATE OF TEXAS COUNTY OF HARRIS This Agreement for Funding of the Goose Creek Trail Phase VI Project (the Agreement ) is made by and between the CITY OF BAYTOWN, a municipal corporation located in Harris and Chambers Counties, Texas, (the City ) and the BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT, created under Chapter 377 of the Texas Local Government Code, as amended, (the Act ) and located in Harris County, Texas, (the District ). For and in consideration of the mutual covenants herein contained, it is agreed as follows: Section 1. Representations and Warranties of District. a) The District is engaged in an on-going effort to provide new resources to plan, acquire, establish, develop, construct and/or renovate one or more development projects beneficial to the District, which includes the incorporated limits of the City lying within Harris County. b) The District covenants that it shall actively work to productively coordinate its activities with the City in an effort to reduce duplication of services. c) The District represents and warrants that it has been properly created and is duly authorized pursuant to the Act to enter into this Agreement. Section 2. Description of Program. The City, with the assistance of the District as herein specified, agrees to design and construct Phase VI of the Goose Creek Trail Project, which will connect Bush Terrace Park to the Animal Control building underneath the Highway 146 flyovers including a pedestrian crossing at Decker Drive. Once Complete the trail will connect from Bayland Island Marina to Baker Road at Hutto Parkway. Section 3. Reports. The City shall prepare and submit to the District within 120 days after the end of each fiscal year during the term of this Agreement a verbal or brief written report describing the services performed by the City pursuant to this Agreement during the previous year along with a summary of expenditures for the previous fiscal year. Section 4. Approvals. The District understands, hereby directs and authorizes the City to make any Project clarifications and/or modifications as may be necessary as determined by the City in its sole discretion. Section 5. Funds to be provided by the District. For and in consideration of the services to be provided by the City in furtherance of this Agreement, the District shall tender funds to the City in an amount not to exceed TWO HUNDRED FIVE THOUSAND AND NO/100 DOLLARS ($205,000.00). All payments required to be made herein shall be payable on or before 30 days after the District receives an invoice therefor from the City. Agreement for Funding of the Goose Creek Trail Phase VI Project, Page 1

102 Section 6. Term. This Agreement shall be effective on October 1, 2016, and shall expire thirty (30) days after final completion and acceptance of the Project by the City, unless sooner terminated by either party hereto pursuant to the terms hereof. Section 7. Termination for Cause. A party may terminate its performance under this Agreement only upon default by the other party. Default by a party shall occur if the party fails to perform or observe any of the terms and conditions of this Agreement required to be performed or observed by that party. Should such a default occur, the party against whom the default has occurred shall have the right to terminate all or part of its obligations under this Agreement as of the 30 th day following the receipt by the defaulting party of a notice describing such default and intended termination, provided: (1) such termination shall be ineffective if within said 30-day period the defaulting party cures or has commenced the cure of the default, or (2) such termination may be stayed, at the sole option of the party against whom the default has occurred, pending cure of the default. Upon the termination of this Agreement, both parties shall be relieved of their respective obligations herein stated, except for those referenced in Section 9 hereinbelow. This Agreement shall not be subject to termination for convenience. Section 8. Force Majeure. Any prevention, delay, nonperformance, or stoppage due to any of the following causes shall excuse nonperformance for the period of any such prevention, delay, nonperformance, or stoppage, except the obligations imposed by this Agreement for the payment of funds allocated for the District s programs. The causes referred to above are strikes, lockouts, labor disputes, failure of power, acts of God, acts of public enemies of this State or of the United States, riots, insurrections, civil commotion, inability to obtain labor or materials or reasonable substitutes for either, governmental restrictions or regulations or controls, casualties or other causes beyond the reasonable control of the party obligated to perform. Section 9. Refund and Payment upon Termination. Upon termination of this Agreement pursuant to Section 7 hereof due to an uncured default by the City, the City hereby agrees to refund all unexpended, unappropriated monies previously paid by the District to the City pursuant to this Agreement. If at the time of termination the District owes the City monies, the District shall remit to the City the appropriate amount computed as of the effective date of the termination. Upon termination of this Agreement pursuant to Section 7 hereof due to an uncured default by the District, the District hereby agrees to pay the total amount committed in Section 5 hereof on or before the effective date of the termination. Section 10. Parties in Interest. This Agreement shall bind and benefit the City and the District and shall not bestow any rights upon any third parties. Section 11. Non-waiver. Failure of either party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing thereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce, by an appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. Agreement for Funding of the Goose Creek Trail Phase VI Project, Page 2

103 Section 12. Compliance with Applicable Laws. The parties hereto shall comply with all rules, regulations, and laws of the United States of America, the State of Texas, and all laws, regulations, and ordinances of the City of Baytown as they now exist or may hereafter be enacted or amended. Section 13. Choice of Law; Venue. This Agreement is subject to and shall be construed in accordance with the laws of the State of Texas, the laws of the federal government of the United States of America and all rules and regulations of any regulatory body or officer having jurisdiction. This Agreement is performable in Harris County, Texas. Section 14. Notices. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address described below or at such other address as the receiving party may have theretofore prescribed by notice to the sending party: District Baytown Municipal Development District Attn: President, Board of Directors P.O. Box 424 Baytown, Texas Fax: (281) City City of Baytown Attn: City Manager P.O. Box 424 Baytown, Texas Fax: (281) Section 15. Audits. The City and the District may, at any reasonable time, conduct or cause to be conducted an audit of the other parties records and financial transactions. The cost of said audit will be borne by the entity requesting the audit. The City and the District shall make available all of its records in support of the audit. Section 16. Ambiguities. In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. Section 17. Captions. The captions of the sections and subsections, if any, of this Agreement are for convenience and ease of reference only and do not define, limit, augment or describe the scope, content or intent of this Agreement or of any part or parts of this Agreement. Section 18. Entire Agreement. This Agreement contains all the agreements of the parties relating to the subject matter hereof and is the full and final expression of the agreement between the parties. Any oral representations or modifications concerning this instrument are of no force or effect excepting a subsequent modification in writing signed by all the parties hereto. Agreement for Funding of the Goose Creek Trail Phase VI Project, Page 3

104 Section 19. Assignment or Transfer of Rights or Obligations. The City shall not sell, assign, or transfer any of its rights or obligations under this Agreement in whole or in part without prior written consent of the District. Section 20. Severability. All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. Section 21. Authority. The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. IN WITNESS WHEREOF, the parties have made and executed this Agreement in multiple copies, each of which shall be an original and effective on the 1 st day of October, CITY OF BAYTOWN BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT RICHARD L. DAVIS City Manager ATTEST: STEPHEN H. DONCARLOS President ATTEST: LETICIA BRYSCH City Clerk APPROVED AS TO FORM: LETICIA BRYSCH Assistant Secretary APPROVED AS TO FORM: IGNACIO RAMIREZ, SR. City Attorney IGNACIO RAMIREZ, SR. General Counsel R:\Karen\Files\City Council\Municipal Development District\Contracts\Contracts 2016\GooseCreekTrailPhaseVI ImprovementsContract.doc Agreement for Funding of the Goose Creek Trail Phase VI Project, Page 4

105 BAYTOWN CITY COUNCIL MEETING 7. d. Meeting Date: 08/11/2016 Subject: Consider Authorizing an Interlocal Agreement with the Municipal Development District for Improvements to the Evergreen Park Clubhouse Prepared for: Scott Johnson, Parks and Recreation Prepared by: Scott Johnson, Parks and Recreation Department: Parks and Recreation Information ITEM Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for improvements to the Evergreen Park Clubhouse. PREFACE This proposed ordinance authorizes an interlocal agreement with the Baytown Municipal Development District for expenditures up to $800,000 for improvements to the Evergreen Park Clubhouse. The acquisition of the former Evergreen Golf Course included the large clubhouse. The Parks and Recreation Department plans to use the clubhouse for a rental facility that can be used for weddings, large group meetings and small conferences and retreats. The building needs extensive repairs and maintenance before we are able to rent the facility as desired. Through this interlocal agreement, the MDD will provide funding for repairs to the building so that the same can be used and serviceable for events. The first phase of the project will include AC, roof repairs, flooring, as well as kitchen and restroom renovations. The project also includes bringing the building up to current code, including fire protection. The project will be overseen by Parks and Recreation employees. Funding for this project will be available October 1, RECOMMENDATION Staff recommends approval. Fiscal Impact Fiscal Year: 2017 Acct Code: PRMD4505 Source of Funds (Operating/Capital/Bonds): MDD

106 Funds Budgeted Y/N: Y Amount Needed: $800, Fiscal Impact (Additional Information): Ordinance - Evergreen Park Clubhouse Exhibit A - Evergreen Park Clubhouse Attachments

107 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR FUNDING OF IMPROVEMENTS TO THE EVERGREEN PARK CLUBHOUSE; 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 the Interlocal Agreement with the Baytown Municipal Development District for funding of improvements to the Evergreen Park Clubhouse. A copy of said agreement is attached hereto as Exhibit A, and incorporated herein for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 11 th day of August, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Ordinances\2016\August 11\MDDAgreement4EvergreenParkClubhouse.doc

108 Exhibit "A" AGREEMENT FOR FUNDING OF IMPROVEMENTS TO THE EVERGREEN PARK CLUBHOUSE STATE OF TEXAS COUNTY OF HARRIS This Agreement for Funding of Improvements to the Evergreen Park Clubhouse(the Agreement ) is made by and between the CITY OF BAYTOWN, a municipal corporation located in Harris and Chambers Counties, Texas, (the City ) and the BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT, created under Chapter 377 of the Texas Local Government Code, as amended, (the Act ) and located in Harris County, Texas, (the District ). For and in consideration of the mutual covenants herein contained, it is agreed as follows: Section 1. Representations and Warranties of District. a) The District is engaged in an on-going effort to provide new resources to plan, acquire, establish, develop, construct and/or renovate one or more development projects beneficial to the District, which includes the incorporated limits of the City lying within Harris County. b) The District covenants that it shall actively work to productively coordinate its activities with the City in an effort to reduce duplication of services. c) The District represents and warrants that it has been properly created and is duly authorized pursuant to the Act to enter into this Agreement. Section 2. Description of Program. The City, with the assistance of the District as herein specified, agrees to make improvements to the Evergreen Park Clubhouse, including air conditioning, roof repairs, flooring, kitchen and restroom renovations, and fire code requirements (the Project ). Section 3. Reports. The City shall prepare and submit to the District within 120 days after the end of each fiscal year during the term of this Agreement a verbal or brief written report describing the services performed by the City pursuant to this Agreement during the previous year along with a summary of expenditures for the previous fiscal year. Section 4. Approvals. The District understands, hereby directs and authorizes the City to make any Project clarifications and/or modifications as may be necessary as determined by the City in its sole discretion. Section 5. Funds to be provided by the District. For and in consideration of the services to be provided by the City in furtherance of this Agreement, the District shall tender funds to the City in an amount not to exceed EIGHT HUNDRED THOUSAND AND NO/100 DOLLARS ($800,000.00). All payments required to be made herein shall be payable on or before 30 days after the District receives an invoice therefor from the City. Section 6. Term. This Agreement shall be effective on October 1, 2016, and shall expire thirty (30) days after final completion and acceptance of the Project by the City, unless sooner terminated by either party hereto pursuant to the terms hereof. Agreement for Funding of Improvements to the Evergreen Park Clubhouse, Page 1

109 Section 7. Termination for Cause. A party may terminate its performance under this Agreement only upon default by the other party. Default by a party shall occur if the party fails to perform or observe any of the terms and conditions of this Agreement required to be performed or observed by that party. Should such a default occur, the party against whom the default has occurred shall have the right to terminate all or part of its obligations under this Agreement as of the 30 th day following the receipt by the defaulting party of a notice describing such default and intended termination, provided: (1) such termination shall be ineffective if within said 30-day period the defaulting party cures or has commenced the cure of the default, or (2) such termination may be stayed, at the sole option of the party against whom the default has occurred, pending cure of the default. Upon the termination of this Agreement, both parties shall be relieved of their respective obligations herein stated, except for those referenced in Section 9 hereinbelow. This Agreement shall not be subject to termination for convenience. Section 8. Force Majeure. Any prevention, delay, nonperformance, or stoppage due to any of the following causes shall excuse nonperformance for the period of any such prevention, delay, nonperformance, or stoppage, except the obligations imposed by this Agreement for the payment of funds allocated for the District s programs. The causes referred to above are strikes, lockouts, labor disputes, failure of power, acts of God, acts of public enemies of this State or of the United States, riots, insurrections, civil commotion, inability to obtain labor or materials or reasonable substitutes for either, governmental restrictions or regulations or controls, casualties or other causes beyond the reasonable control of the party obligated to perform. Section 9. Refund and Payment upon Termination. Upon termination of this Agreement pursuant to Section 7 hereof due to an uncured default by the City, the City hereby agrees to refund all unexpended, unappropriated monies previously paid by the District to the City pursuant to this Agreement. If at the time of termination the District owes the City monies, the District shall remit to the City the appropriate amount computed as of the effective date of the termination. Upon termination of this Agreement pursuant to Section 7 hereof due to an uncured default by the District, the District hereby agrees to pay the total amount committed in Section 5 hereof on or before the effective date of the termination. Section 10. Parties in Interest. This Agreement shall bind and benefit the City and the District and shall not bestow any rights upon any third parties. Section 11. Non-waiver. Failure of either party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing thereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce, by an appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. Section 12. Compliance with Applicable Laws. The parties hereto shall comply with all rules, regulations, and laws of the United States of America, the State of Texas, and all laws, regulations, and ordinances of the City of Baytown as they now exist or may hereafter be enacted or amended. Agreement for Funding of Improvements to the Evergreen Park Clubhouse, Page 2

110 Section 13. Choice of Law; Venue. This Agreement is subject to and shall be construed in accordance with the laws of the State of Texas, the laws of the federal government of the United States of America and all rules and regulations of any regulatory body or officer having jurisdiction. This Agreement is performable in Harris County, Texas. Section 14. Notices. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address described below or at such other address as the receiving party may have theretofore prescribed by notice to the sending party: District Baytown Municipal Development District Attn: President, Board of Directors P.O. Box 424 Baytown, Texas Fax: (281) City City of Baytown Attn: City Manager P.O. Box 424 Baytown, Texas Fax: (281) Section 15. Audits. The City and the District may, at any reasonable time, conduct or cause to be conducted an audit of the other parties records and financial transactions. The cost of said audit will be borne by the entity requesting the audit. The City and the District shall make available all of its records in support of the audit. Section 16. Ambiguities. In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. Section 17. Captions. The captions of the sections and subsections, if any, of this Agreement are for convenience and ease of reference only and do not define, limit, augment or describe the scope, content or intent of this Agreement or of any part or parts of this Agreement. Section 18. Entire Agreement. This Agreement contains all the agreements of the parties relating to the subject matter hereof and is the full and final expression of the agreement between the parties. Any oral representations or modifications concerning this instrument are of no force or effect excepting a subsequent modification in writing signed by all the parties hereto. Section 19. Assignment or Transfer of Rights or Obligations. The City shall not sell, assign, or transfer any of its rights or obligations under this Agreement in whole or in part without prior written consent of the District. Agreement for Funding of Improvements to the Evergreen Park Clubhouse, Page 3

111 Section 20. Severability. All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. Section 21. Authority. The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. IN WITNESS WHEREOF, the parties have made and executed this Agreement in multiple copies, each of which shall be an original and effective on the 1 st day of October, CITY OF BAYTOWN BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT RICHARD L. DAVIS City Manager ATTEST: STEPHEN H. DONCARLOS President ATTEST: LETICIA BRYSCH City Clerk APPROVED AS TO FORM: LETICIA BRYSCH Assistant Secretary APPROVED AS TO FORM: IGNACIO RAMIREZ, SR. City Attorney IGNACIO RAMIREZ, SR. General Counsel R:\Karen\Files\City Council\Municipal Development District\Contracts\Contracts 2016\EvergreenParkClubhouseImprovementsContract.doc Agreement for Funding of Improvements to the Evergreen Park Clubhouse, Page 4

112 BAYTOWN CITY COUNCIL MEETING 7. e. Meeting Date: 08/11/2016 Subject: Consider Authorizing an Interlocal Agreement with the Municipal Development District for improvements to Evergreen Park Prepared for: Scott Johnson, Parks and Recreation Prepared by: Scott Johnson, Parks and Recreation Department: Parks and Recreation Information ITEM Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for improvements to Evergreen Park. PREFACE This proposed ordinance authorizes an interlocal agreement with the Baytown Municipal Development District for improvements to Evergreen Park in an amount not to exceed $165, This project would upgrade the newly purchased Evergreen Park and add several park amenities to the former golf course. The first phase of the park development would include over 800 feet of connecting trails, an 18-hole disc golf course, foot golf course, park benches, trash cans and a drinking fountain. Design for the park improvements will be provided in-house and funding for this project will be available October 1, RECOMMENDATION Staff recommends approval. Fiscal Impact Fiscal Year: 2017 Acct Code: PRMD4501 Source of Funds (Operating/Capital/Bonds): MDD Funds Budgeted Y/N: Y Amount Needed: $165, Fiscal Impact (Additional Information):

113 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR FUNDING OF IMPROVEMENTS AT EVERGREEN PARK; 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 the Interlocal Agreement with the Baytown Municipal Development District for funding of improvements at Evergreen Park. A copy of said agreement is attached hereto as Exhibit A, and incorporated herein for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 11 th day of August, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Ordinances\2016\August 11\MDDAgreement4EvergreenParkImprovements.doc

114 Exhibit "A" AGREEMENT FOR FUNDING OF IMPROVEMENTS AT EVERGREEN PARK STATE OF TEXAS COUNTY OF HARRIS This Agreement for Funding of Improvements at Evergreen Park (the Agreement ) is made by and between the CITY OF BAYTOWN, a municipal corporation located in Harris and Chambers Counties, Texas, (the City ) and the BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT, created under Chapter 377 of the Texas Local Government Code, as amended, (the Act ) and located in Harris County, Texas, (the District ). For and in consideration of the mutual covenants herein contained, it is agreed as follows: Section 1. Representations and Warranties of District. a) The District is engaged in an on-going effort to provide new resources to plan, acquire, establish, develop, construct and/or renovate one or more development projects beneficial to the District, which includes the incorporated limits of the City lying within Harris County. b) The District covenants that it shall actively work to productively coordinate its activities with the City in an effort to reduce duplication of services. c) The District represents and warrants that it has been properly created and is duly authorized pursuant to the Act to enter into this Agreement. Section 2. Description of Program. The City, with the assistance of the District as herein specified, agrees to make improvements at Evergreen Park, including over 800 feet of connecting trails, an 18-hole disc golf course, a foot golf course, park benches, trash cans and a drinking fountain (the Project ). Section 3. Reports. The City shall prepare and submit to the District within 120 days after the end of each fiscal year during the term of this Agreement a verbal or brief written report describing the services performed by the City pursuant to this Agreement during the previous year along with a summary of expenditures for the previous fiscal year. Section 4. Approvals. The District understands, hereby directs and authorizes the City to make any Project clarifications and/or modifications as may be necessary as determined by the City in its sole discretion. Section 5. Funds to be provided by the District. For and in consideration of the services to be provided by the City in furtherance of this Agreement, the District shall tender funds to the City in an amount not to exceed ONE HUNDRED SIXTY-FIVE THOUSAND AND NO/100 DOLLARS ($165,000.00). All payments required to be made herein shall be payable on or before 30 days after the District receives an invoice therefor from the City. Section 6. Term. This Agreement shall be effective on October 1, 2016, and shall expire thirty (30) days after final completion and acceptance of the Project by the City, unless sooner terminated by either party hereto pursuant to the terms hereof. Agreement for Funding of Improvements at Evergreen Park, Page 1

115 Section 7. Termination for Cause. A party may terminate its performance under this Agreement only upon default by the other party. Default by a party shall occur if the party fails to perform or observe any of the terms and conditions of this Agreement required to be performed or observed by that party. Should such a default occur, the party against whom the default has occurred shall have the right to terminate all or part of its obligations under this Agreement as of the 30 th day following the receipt by the defaulting party of a notice describing such default and intended termination, provided: (1) such termination shall be ineffective if within said 30-day period the defaulting party cures or has commenced the cure of the default, or (2) such termination may be stayed, at the sole option of the party against whom the default has occurred, pending cure of the default. Upon the termination of this Agreement, both parties shall be relieved of their respective obligations herein stated, except for those referenced in Section 9 hereinbelow. This Agreement shall not be subject to termination for convenience. Section 8. Force Majeure. Any prevention, delay, nonperformance, or stoppage due to any of the following causes shall excuse nonperformance for the period of any such prevention, delay, nonperformance, or stoppage, except the obligations imposed by this Agreement for the payment of funds allocated for the District s programs. The causes referred to above are strikes, lockouts, labor disputes, failure of power, acts of God, acts of public enemies of this State or of the United States, riots, insurrections, civil commotion, inability to obtain labor or materials or reasonable substitutes for either, governmental restrictions or regulations or controls, casualties or other causes beyond the reasonable control of the party obligated to perform. Section 9. Refund and Payment upon Termination. Upon termination of this Agreement pursuant to Section 7 hereof due to an uncured default by the City, the City hereby agrees to refund all unexpended, unappropriated monies previously paid by the District to the City pursuant to this Agreement. If at the time of termination the District owes the City monies, the District shall remit to the City the appropriate amount computed as of the effective date of the termination. Upon termination of this Agreement pursuant to Section 7 hereof due to an uncured default by the District, the District hereby agrees to pay the total amount committed in Section 5 hereof on or before the effective date of the termination. Section 10. Parties in Interest. This Agreement shall bind and benefit the City and the District and shall not bestow any rights upon any third parties. Section 11. Non-waiver. Failure of either party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing thereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce, by an appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. Section 12. Compliance with Applicable Laws. The parties hereto shall comply with all rules, regulations, and laws of the United States of America, the State of Texas, and all laws, regulations, and ordinances of the City of Baytown as they now exist or may hereafter be enacted or amended. Agreement for Funding of Improvements at Evergreen Park, Page 2

116 Section 13. Choice of Law; Venue. This Agreement is subject to and shall be construed in accordance with the laws of the State of Texas, the laws of the federal government of the United States of America and all rules and regulations of any regulatory body or officer having jurisdiction. This Agreement is performable in Harris County, Texas. Section 14. Notices. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address described below or at such other address as the receiving party may have theretofore prescribed by notice to the sending party: District Baytown Municipal Development District Attn: President, Board of Directors P.O. Box 424 Baytown, Texas Fax: (281) City City of Baytown Attn: City Manager P.O. Box 424 Baytown, Texas Fax: (281) Section 15. Audits. The City and the District may, at any reasonable time, conduct or cause to be conducted an audit of the other parties records and financial transactions. The cost of said audit will be borne by the entity requesting the audit. The City and the District shall make available all of its records in support of the audit. Section 16. Ambiguities. In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. Section 17. Captions. The captions of the sections and subsections, if any, of this Agreement are for convenience and ease of reference only and do not define, limit, augment or describe the scope, content or intent of this Agreement or of any part or parts of this Agreement. Section 18. Entire Agreement. This Agreement contains all the agreements of the parties relating to the subject matter hereof and is the full and final expression of the agreement between the parties. Any oral representations or modifications concerning this instrument are of no force or effect excepting a subsequent modification in writing signed by all the parties hereto. Section 19. Assignment or Transfer of Rights or Obligations. The City shall not sell, assign, or transfer any of its rights or obligations under this Agreement in whole or in part without prior written consent of the District. Agreement for Funding of Improvements at Evergreen Park, Page 3

117 Section 20. Severability. All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. Section 21. Authority. The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. IN WITNESS WHEREOF, the parties have made and executed this Agreement in multiple copies, each of which shall be an original and effective on the 1 st day of October, CITY OF BAYTOWN BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT RICHARD L. DAVIS City Manager ATTEST: STEPHEN H. DONCARLOS President ATTEST: LETICIA BRYSCH City Clerk APPROVED AS TO FORM: LETICIA BRYSCH Assistant Secretary APPROVED AS TO FORM: IGNACIO RAMIREZ, SR. City Attorney IGNACIO RAMIREZ, SR. General Counsel R:\Karen\Files\City Council\Municipal Development District\Contracts\Contracts 2016\EvergreenParkImprovementsContract.doc Agreement for Funding of Improvements at Evergreen Park, Page 4

118 BAYTOWN CITY COUNCIL MEETING 7. f. Meeting Date: 08/11/2016 Subject: Consider Authorizing an Interlocal Agreement with the MDD for the construction of a special needs playground at Travis School Park Prepared for: Scott Johnson, Parks and Recreation Prepared by: Scott Johnson, Parks and Recreation Department: Parks and Recreation Information ITEM Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for the development and construction of a special needs playground at William B. Travis Elementary School Park. PREFACE This proposed ordinance authorizes an interlocal agreement with the Baytown Municipal Development District for expenditures up to $50,000 for the development and construction of a special needs playground at William B. Travis Elementary School Park. The City of Baytown is partnering with the Goose Creek CISD to establish a special needs playground at William B. Travis Elementary School Park. This effort will include the installation of park playground equipment that is made specifically for special needs children. The City's contribution includes the design of the playground and the installation of the playground equipment. Several service clubs also plan to participate in this project. This is the second special needs playground project. The first was dedicated in September 2015, at James Bowie Elementary School Park. Design for the park improvements will be provided in house and funding for this project will be available October 1, RECOMMENDATION Staff recommends approval. Fiscal Impact Fiscal Year: 2017 Acct Code: PRMD3410 Source of Funds (Operating/Capital/Bonds): MDD

119 Funds Budgeted Y/N: Y Amount Needed: $50, Fiscal Impact (Additional Information): Ordinance - Playground Exhibit A - Playground Attachments

120 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR FUNDING OF THE SPECIAL NEEDS PLAYGROUND PROJECT AT WILLIAM B. TRAVIS ELEMENTARY SCHOOL PARK; 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 the Interlocal Agreement with the Baytown Municipal Development District for funding of the Special Needs Playground Project at William B. Travis Elementary School Park. A copy of said agreement is attached hereto as Exhibit A, and incorporated herein for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 11 th day of August, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Ordinances\2016\August 11\MDDAgreement4SpecialNeedsPlaygroundProject.doc

121 Exhibit "A" AGREEMENT FOR FUNDING OF THE SPECIAL NEEDS PLAYGROUND PROJECT AT WILLIAM B. TRAVIS ELEMENTARY SCHOOL PARK STATE OF TEXAS COUNTY OF HARRIS This Agreement for Funding of a Special Needs Playground Project at William B. Travis Elementary (the Agreement ) is made by and between the CITY OF BAYTOWN, a municipal corporation located in Harris and Chambers Counties, Texas, (the City ) and the BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT, created under Chapter 377 of the Texas Local Government Code, as amended, (the Act ) and located in Harris County, Texas, (the District ). For and in consideration of the mutual covenants herein contained, it is agreed as follows: Section 1. Representations and Warranties of District. a) The District is engaged in an on-going effort to provide new resources to plan, acquire, establish, develop, construct and/or renovate one or more development projects beneficial to the District, which includes the incorporated limits of the City lying within Harris County. b) The District covenants that it shall actively work to productively coordinate its activities with the City in an effort to reduce duplication of services. c) The District represents and warrants that it has been properly created and is duly authorized pursuant to the Act to enter into this Agreement. Section 2. Description of Program. The City, with the assistance of the District as herein specified, agrees to design and construct the Special Needs Playground Project at William B. Travis Elementary School Park, which will include the installation of specific park playground equipment that is specially made for special needs children (the Project ). Section 3. Reports. The City shall prepare and submit to the District within 120 days after the end of each fiscal year during the term of this Agreement a verbal or brief written report describing the services performed by the City pursuant to this Agreement during the previous year along with a summary of expenditures for the previous fiscal year. Section 4. Approvals. The District understands, hereby directs and authorizes the City to make any Project clarifications and/or modifications as may be necessary as determined by the City in its sole discretion. Section 5. Funds to be provided by the District. For and in consideration of the services to be provided by the City in furtherance of this Agreement, the District shall tender funds to the City in an amount not to exceed FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00). All payments required to be made herein shall be payable on or before 30 days after the District receives an invoice therefor from the City. Agreement for Funding of the Special Needs Playground Project at William B. Travis Elementary School Park, Page 1

122 Section 6. Term. This Agreement shall be effective on October 1, 2016, and shall expire thirty (30) days after final completion and acceptance of the Project by the City, unless sooner terminated by either party hereto pursuant to the terms hereof. Section 7. Termination for Cause. A party may terminate its performance under this Agreement only upon default by the other party. Default by a party shall occur if the party fails to perform or observe any of the terms and conditions of this Agreement required to be performed or observed by that party. Should such a default occur, the party against whom the default has occurred shall have the right to terminate all or part of its obligations under this Agreement as of the 30 th day following the receipt by the defaulting party of a notice describing such default and intended termination, provided: (1) such termination shall be ineffective if within said 30-day period the defaulting party cures or has commenced the cure of the default, or (2) such termination may be stayed, at the sole option of the party against whom the default has occurred, pending cure of the default. Upon the termination of this Agreement, both parties shall be relieved of their respective obligations herein stated, except for those referenced in Section 9 hereinbelow. This Agreement shall not be subject to termination for convenience. Section 8. Force Majeure. Any prevention, delay, nonperformance, or stoppage due to any of the following causes shall excuse nonperformance for the period of any such prevention, delay, nonperformance, or stoppage, except the obligations imposed by this Agreement for the payment of funds allocated for the District s programs. The causes referred to above are strikes, lockouts, labor disputes, failure of power, acts of God, acts of public enemies of this State or of the United States, riots, insurrections, civil commotion, inability to obtain labor or materials or reasonable substitutes for either, governmental restrictions or regulations or controls, casualties or other causes beyond the reasonable control of the party obligated to perform. Section 9. Refund and Payment upon Termination. Upon termination of this Agreement pursuant to Section 7 hereof due to an uncured default by the City, the City hereby agrees to refund all unexpended, unappropriated monies previously paid by the District to the City pursuant to this Agreement. If at the time of termination the District owes the City monies, the District shall remit to the City the appropriate amount computed as of the effective date of the termination. Upon termination of this Agreement pursuant to Section 7 hereof due to an uncured default by the District, the District hereby agrees to pay the total amount committed in Section 5 hereof on or before the effective date of the termination. Section 10. Parties in Interest. This Agreement shall bind and benefit the City and the District and shall not bestow any rights upon any third parties. Section 11. Non-waiver. Failure of either party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing thereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce, by an appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. Agreement for Funding of the Special Needs Playground Project at William B. Travis Elementary School Park, Page 2

123 Section 12. Compliance with Applicable Laws. The parties hereto shall comply with all rules, regulations, and laws of the United States of America, the State of Texas, and all laws, regulations, and ordinances of the City of Baytown as they now exist or may hereafter be enacted or amended. Section 13. Choice of Law; Venue. This Agreement is subject to and shall be construed in accordance with the laws of the State of Texas, the laws of the federal government of the United States of America and all rules and regulations of any regulatory body or officer having jurisdiction. This Agreement is performable in Harris County, Texas. Section 14. Notices. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address described below or at such other address as the receiving party may have theretofore prescribed by notice to the sending party: District Baytown Municipal Development District Attn: President, Board of Directors P.O. Box 424 Baytown, Texas Fax: (281) City City of Baytown Attn: City Manager P.O. Box 424 Baytown, Texas Fax: (281) Section 15. Audits. The City and the District may, at any reasonable time, conduct or cause to be conducted an audit of the other parties records and financial transactions. The cost of said audit will be borne by the entity requesting the audit. The City and the District shall make available all of its records in support of the audit. Section 16. Ambiguities. In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. Section 17. Captions. The captions of the sections and subsections, if any, of this Agreement are for convenience and ease of reference only and do not define, limit, augment or describe the scope, content or intent of this Agreement or of any part or parts of this Agreement. Section 18. Entire Agreement. This Agreement contains all the agreements of the parties relating to the subject matter hereof and is the full and final expression of the agreement between the parties. Any oral representations or modifications concerning this instrument are of no force or effect excepting a subsequent modification in writing signed by all the parties hereto. Agreement for Funding of the Special Needs Playground Project at William B. Travis Elementary School Park, Page 3

124 Section 19. Assignment or Transfer of Rights or Obligations. The City shall not sell, assign, or transfer any of its rights or obligations under this Agreement in whole or in part without prior written consent of the District. Section 20. Severability. All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. Section 21. Authority. The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. IN WITNESS WHEREOF, the parties have made and executed this Agreement in multiple copies, each of which shall be an original and effective on the 1 st day of October, CITY OF BAYTOWN BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT RICHARD L. DAVIS City Manager ATTEST: STEPHEN H. DONCARLOS President ATTEST: LETICIA BRYSCH City Clerk APPROVED AS TO FORM: LETICIA BRYSCH Assistant Secretary APPROVED AS TO FORM: IGNACIO RAMIREZ, SR. City Attorney IGNACIO RAMIREZ, SR. General Counsel R:\Karen\Files\City Council\Municipal Development District\Contracts\Contracts 2016\SpecialNeedsPlayground@TravisElementary.doc Agreement for Funding of the Special Needs Playground Project at William B. Travis Elementary School Park, Page 4

125 BAYTOWN CITY COUNCIL MEETING 7. g. Meeting Date: 08/11/2016 Subject: Consider an Interlocal Agreement with the Municipal Development District for cleanup on Goose Creek Prepared for: Scott Johnson, Parks and Recreation Prepared by: Leticia Brysch, City Clerk's Office Department: Parks and Recreation Information ITEM Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for cleanup on Goose Creek. PREFACE This proposed ordinance authorizes an interlocal agreement with the Baytown Municipal Development District for expenditures of up to $20,000 for the cleanup of Goose Creek. To address the community image issues with the remaining objects in Goose Creek from the Decker bridge to the Business 146 bridge, the project will provide $20,000 to remove tires, shopping carts and other discarded junk that has been dumped into Goose Creek. This is the second year of this project. Last year, contractors removed: 2 boats, 11 car fenders, 8 shopping carts and 265 tires. Funding will be available October 1, RECOMMENDATION Staff recommends approval. Fiscal Impact Fiscal Year: 2017 Acct Code: PRMD2206 Source of Funds (Operating/Capital/Bonds): MDD Funds Budgeted Y/N: Y Amount Needed: 20, Fiscal Impact (Additional Information):

126 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR FUNDING OF THE GOOSE CREEK CLEANUP PROJECT; 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 the Interlocal Agreement with the Baytown Municipal Development District for funding of the Goose Creek Cleanup Project. A copy of said agreement is attached hereto as Exhibit A, and incorporated herein for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 11 th day of August, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Ordinances\2016\August 11\MDDAgreement4GooseCreekCleanupProject.doc

127 Exhibit "A" AGREEMENT FOR FUNDING OF THE GOOSE CREEK CLEANUP PROJECT STATE OF TEXAS COUNTY OF HARRIS This Agreement for Funding of the Goose Creek Cleanup Project (the Agreement ) is made by and between the CITY OF BAYTOWN, a municipal corporation located in Harris and Chambers Counties, Texas, (the City ) and the BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT, created under Chapter 377 of the Texas Local Government Code, as amended, (the Act ) and located in Harris County, Texas, (the District ). For and in consideration of the mutual covenants herein contained, it is agreed as follows: Section 1. Representations and Warranties of District. a) The District is engaged in an on-going effort to provide new resources to plan, acquire, establish, develop, construct and/or renovate one or more development projects beneficial to the District, which includes the incorporated limits of the City lying within Harris County. b) The District covenants that it shall actively work to productively coordinate its activities with the City in an effort to reduce duplication of services. c) The District represents and warrants that it has been properly created and is duly authorized pursuant to the Act to enter into this Agreement. Section 2. Description of Program. The City, with the assistance of the District as herein specified, agrees to remove tires, shopping carts, and other debris that has been dumped into Goose Creek (the Project ). Section 3. Reports. The City shall prepare and submit to the District within 120 days after the end of each fiscal year during the term of this Agreement a verbal or brief written report describing the services performed by the City pursuant to this Agreement during the previous year along with a summary of expenditures for the previous fiscal year. Section 4. Approvals. The District understands, hereby directs and authorizes the City to make any Project clarifications and/or modifications as may be necessary as determined by the City in its sole discretion. Section 5. Funds to be provided by the District. For and in consideration of the services to be provided by the City in furtherance of this Agreement, the District shall tender funds to the City in an amount not to exceed TWENTY THOUSAND AND NO/100 DOLLARS ($20,000.00). All payments required to be made herein shall be payable on or before 30 days after the District receives an invoice therefor from the City. Section 6. Term. This Agreement shall be effective on October 1, 2016, and shall expire thirty (30) days after final completion and acceptance of the Project by the City, unless sooner terminated by either party hereto pursuant to the terms hereof. Agreement for Funding of the Goose Creek Cleanup Project, Page 1

128 Section 7. Termination for Cause. A party may terminate its performance under this Agreement only upon default by the other party. Default by a party shall occur if the party fails to perform or observe any of the terms and conditions of this Agreement required to be performed or observed by that party. Should such a default occur, the party against whom the default has occurred shall have the right to terminate all or part of its obligations under this Agreement as of the 30 th day following the receipt by the defaulting party of a notice describing such default and intended termination, provided: (1) such termination shall be ineffective if within said 30-day period the defaulting party cures or has commenced the cure of the default, or (2) such termination may be stayed, at the sole option of the party against whom the default has occurred, pending cure of the default. Upon the termination of this Agreement, both parties shall be relieved of their respective obligations herein stated, except for those referenced in Section 9 hereinbelow. This Agreement shall not be subject to termination for convenience. Section 8. Force Majeure. Any prevention, delay, nonperformance, or stoppage due to any of the following causes shall excuse nonperformance for the period of any such prevention, delay, nonperformance, or stoppage, except the obligations imposed by this Agreement for the payment of funds allocated for the District s programs. The causes referred to above are strikes, lockouts, labor disputes, failure of power, acts of God, acts of public enemies of this State or of the United States, riots, insurrections, civil commotion, inability to obtain labor or materials or reasonable substitutes for either, governmental restrictions or regulations or controls, casualties or other causes beyond the reasonable control of the party obligated to perform. Section 9. Refund and Payment upon Termination. Upon termination of this Agreement pursuant to Section 7 hereof due to an uncured default by the City, the City hereby agrees to refund all unexpended, unappropriated monies previously paid by the District to the City pursuant to this Agreement. If at the time of termination the District owes the City monies, the District shall remit to the City the appropriate amount computed as of the effective date of the termination. Upon termination of this Agreement pursuant to Section 7 hereof due to an uncured default by the District, the District hereby agrees to pay the total amount committed in Section 5 hereof on or before the effective date of the termination. Section 10. Parties in Interest. This Agreement shall bind and benefit the City and the District and shall not bestow any rights upon any third parties. Section 11. Non-waiver. Failure of either party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing thereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce, by an appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. Section 12. Compliance with Applicable Laws. The parties hereto shall comply with all rules, regulations, and laws of the United States of America, the State of Texas, and all laws, regulations, and ordinances of the City of Baytown as they now exist or may hereafter be enacted or amended. Agreement for Funding of the Goose Creek Cleanup Project, Page 2

129 Section 13. Choice of Law; Venue. This Agreement is subject to and shall be construed in accordance with the laws of the State of Texas, the laws of the federal government of the United States of America and all rules and regulations of any regulatory body or officer having jurisdiction. This Agreement is performable in Harris County, Texas. Section 14. Notices. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address described below or at such other address as the receiving party may have theretofore prescribed by notice to the sending party: District Baytown Municipal Development District Attn: President, Board of Directors P.O. Box 424 Baytown, Texas Fax: (281) City City of Baytown Attn: City Manager P.O. Box 424 Baytown, Texas Fax: (281) Section 15. Audits. The City and the District may, at any reasonable time, conduct or cause to be conducted an audit of the other parties records and financial transactions. The cost of said audit will be borne by the entity requesting the audit. The City and the District shall make available all of its records in support of the audit. Section 16. Ambiguities. In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. Section 17. Captions. The captions of the sections and subsections, if any, of this Agreement are for convenience and ease of reference only and do not define, limit, augment or describe the scope, content or intent of this Agreement or of any part or parts of this Agreement. Section 18. Entire Agreement. This Agreement contains all the agreements of the parties relating to the subject matter hereof and is the full and final expression of the agreement between the parties. Any oral representations or modifications concerning this instrument are of no force or effect excepting a subsequent modification in writing signed by all the parties hereto. Section 19. Assignment or Transfer of Rights or Obligations. The City shall not sell, assign, or transfer any of its rights or obligations under this Agreement in whole or in part without prior written consent of the District. Section 20. Severability. Agreement for Funding of the Goose Creek Cleanup Project, Page 3

130 All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. Section 21. Authority. The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. IN WITNESS WHEREOF, the parties have made and executed this Agreement in multiple copies, each of which shall be an original and effective on the 1 st day of October, CITY OF BAYTOWN BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT RICHARD L. DAVIS City Manager ATTEST: STEPHEN H. DONCARLOS President ATTEST: LETICIA BRYSCH City Clerk APPROVED AS TO FORM: LETICIA BRYSCH Assistant Secretary APPROVED AS TO FORM: IGNACIO RAMIREZ, SR. City Attorney IGNACIO RAMIREZ, SR. General Counsel R:\Karen\Files\City Council\Municipal Development District\Contracts\Contracts 2016\GooseCreekCleanupContract.doc Agreement for Funding of the Goose Creek Cleanup Project, Page 4

131 BAYTOWN CITY COUNCIL MEETING 7. h. Meeting Date: 08/11/2016 Subject: Consider Authorizing an Interlocal Agreement with the MDD for Public Restrooms at Jenkins Park and the Wayne Gray Sports Complex Prepared for: Scott Johnson, Parks and Recreation Prepared by: Scott Johnson, Parks and Recreation Department: Parks and Recreation Information ITEM Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for the replacement of the Jenkins Park Restroom and the installation of a new restroom at the Wayne Gray Sports Complex. PREFACE This proposed ordinance authorizes an interlocal agreement with the Baytown Municipal Development District for expenditures of up to $330,000 for the replacement of the Jenkins Park Restroom and the installation of a new restroom at the Wayne Gray Sports Complex. The public restroom at Jenkins Park was constructed in the 1990's. The restroom will be replaced with a new pre-constructed restroom near the same location. The new restroom will be equipped with a water fountain and doors that will automatically close and lock when the park is closed. A new restroom facility is planned to be installed at the Wayne Gray Sports Complex near the playground area outside of the Pirates Bay Water Park. The restroom will be open to park users year round. The facility will provide a restroom for water park guests that are waiting to enter Pirates Bay and alleviate the need to request to enter the park to use the restroom while waiting in line. Both buildings will be pre-engineered and constructed by local standards and codes. Funding will be available October 1, RECOMMENDATION Staff recommends approval. Fiscal Impact Fiscal Year: 2017 Acct Code: PRMD4160

132 Source of Funds (Operating/Capital/Bonds): MDD Funds Budgeted Y/N: Y Amount Needed: $330, Fiscal Impact (Additional Information): Ordinance - Restrooms Exhibit A - Restrooms Attachments

133 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR FUNDING THE REPLACEMENT OF THE JENKINS PARK RESTROOM AND THE INSTALLATION OF A NEW RESTROOM AT THE WAYNE GRAY SPORTS COMPLEX; 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 the Interlocal Agreement with the Baytown Municipal Development District for funding the replacement of the Jenkins Park restroom and the installation of a new restroom at the Wayne Gray Sports Complex. A copy of said agreement is attached hereto as Exhibit A, and incorporated herein for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 11 th day of August, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Ordinances\2016\August 11\MDDAgreement4RestroomReplacement&InstallationProject.doc

134 Exhibit "A" AGREEMENT FOR FUNDING THE REPLACEMENT OF THE JENKINS PARK RESTROOM AND THE INSTALLATION OF A NEW RESTROOM AT THE WAYNE GRAY SPORTS COMPLEX STATE OF TEXAS COUNTY OF HARRIS This Agreement for Funding the Replacement of the Jenkins Park Restroom and the Installation of a New Restroom at the Wayne Gray Sports Complex (the Agreement ) is made by and between the CITY OF BAYTOWN, a municipal corporation located in Harris and Chambers Counties, Texas, (the City ) and the BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT, created under Chapter 377 of the Texas Local Government Code, as amended, (the Act ) and located in Harris County, Texas, (the District ). For and in consideration of the mutual covenants herein contained, it is agreed as follows: Section 1. Representations and Warranties of District. a) The District is engaged in an on-going effort to provide new resources to plan, acquire, establish, develop, construct and/or renovate one or more development projects beneficial to the District, which includes the incorporated limits of the City lying within Harris County. b) The District covenants that it shall actively work to productively coordinate its activities with the City in an effort to reduce duplication of services. c) The District represents and warrants that it has been properly created and is duly authorized pursuant to the Act to enter into this Agreement. Section 2. Description of Program. The City, with the assistance of the District as herein specified, agrees to replace the Jenkins Park Restroom and to install a new restroom at the Wayne Gray Sports Complex (the Project ). The Project will include a water fountain and restroom doors that automatically close and lock when the parks are closed. Section 3. Reports. The City shall prepare and submit to the District within 120 days after the end of each fiscal year during the term of this Agreement a verbal or brief written report describing the services performed by the City pursuant to this Agreement during the previous year along with a summary of expenditures for the previous fiscal year. Section 4. Approvals. The District understands, hereby directs and authorizes the City to make any Project clarifications and/or modifications as may be necessary as determined by the City in its sole discretion. Section 5. Funds to be provided by the District. For and in consideration of the services to be provided by the City in furtherance of this Agreement, the District shall tender funds to the City in an amount not to exceed THREE HUNDRED THIRTY THOUSAND AND NO/100 DOLLARS ($330,000.00). All payments required to be made herein shall be payable on or before 30 days after the District receives an invoice therefor from the City. Agreement for Funding the Replacement of the Jenkins Park Restroom and the Installation of a New Restroom at the Wayne Gray Sports Complex, Page 1

135 Section 6. Term. This Agreement shall be effective on October 1, 2016, and shall expire thirty (30) days after final completion and acceptance of the Project by the City, unless sooner terminated by either party hereto pursuant to the terms hereof. Section 7. Termination for Cause. A party may terminate its performance under this Agreement only upon default by the other party. Default by a party shall occur if the party fails to perform or observe any of the terms and conditions of this Agreement required to be performed or observed by that party. Should such a default occur, the party against whom the default has occurred shall have the right to terminate all or part of its obligations under this Agreement as of the 30 th day following the receipt by the defaulting party of a notice describing such default and intended termination, provided: (1) such termination shall be ineffective if within said 30-day period the defaulting party cures or has commenced the cure of the default, or (2) such termination may be stayed, at the sole option of the party against whom the default has occurred, pending cure of the default. Upon the termination of this Agreement, both parties shall be relieved of their respective obligations herein stated, except for those referenced in Section 9 hereinbelow. This Agreement shall not be subject to termination for convenience. Section 8. Force Majeure. Any prevention, delay, nonperformance, or stoppage due to any of the following causes shall excuse nonperformance for the period of any such prevention, delay, nonperformance, or stoppage, except the obligations imposed by this Agreement for the payment of funds allocated for the District s programs. The causes referred to above are strikes, lockouts, labor disputes, failure of power, acts of God, acts of public enemies of this State or of the United States, riots, insurrections, civil commotion, inability to obtain labor or materials or reasonable substitutes for either, governmental restrictions or regulations or controls, casualties or other causes beyond the reasonable control of the party obligated to perform. Section 9. Refund and Payment upon Termination. Upon termination of this Agreement pursuant to Section 7 hereof due to an uncured default by the City, the City hereby agrees to refund all unexpended, unappropriated monies previously paid by the District to the City pursuant to this Agreement. If at the time of termination the District owes the City monies, the District shall remit to the City the appropriate amount computed as of the effective date of the termination. Upon termination of this Agreement pursuant to Section 7 hereof due to an uncured default by the District, the District hereby agrees to pay the total amount committed in Section 5 hereof on or before the effective date of the termination. Section 10. Parties in Interest. This Agreement shall bind and benefit the City and the District and shall not bestow any rights upon any third parties. Section 11. Non-waiver. Failure of either party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing thereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce, by an appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. Agreement for Funding the Replacement of the Jenkins Park Restroom and the Installation of a New Restroom at the Wayne Gray Sports Complex, Page 2

136 Section 12. Compliance with Applicable Laws. The parties hereto shall comply with all rules, regulations, and laws of the United States of America, the State of Texas, and all laws, regulations, and ordinances of the City of Baytown as they now exist or may hereafter be enacted or amended. Section 13. Choice of Law; Venue. This Agreement is subject to and shall be construed in accordance with the laws of the State of Texas, the laws of the federal government of the United States of America and all rules and regulations of any regulatory body or officer having jurisdiction. This Agreement is performable in Harris County, Texas. Section 14. Notices. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address described below or at such other address as the receiving party may have theretofore prescribed by notice to the sending party: District Baytown Municipal Development District Attn: President, Board of Directors P.O. Box 424 Baytown, Texas Fax: (281) City City of Baytown Attn: City Manager P.O. Box 424 Baytown, Texas Fax: (281) Section 15. Audits. The City and the District may, at any reasonable time, conduct or cause to be conducted an audit of the other parties records and financial transactions. The cost of said audit will be borne by the entity requesting the audit. The City and the District shall make available all of its records in support of the audit. Section 16. Ambiguities. In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. Section 17. Captions. The captions of the sections and subsections, if any, of this Agreement are for convenience and ease of reference only and do not define, limit, augment or describe the scope, content or intent of this Agreement or of any part or parts of this Agreement. Section 18. Entire Agreement. This Agreement contains all the agreements of the parties relating to the subject matter hereof and is the full and final expression of the agreement between the parties. Any oral representations or modifications concerning this instrument are of no force or effect excepting a subsequent modification in writing signed by all the parties hereto. Agreement for Funding the Replacement of the Jenkins Park Restroom and the Installation of a New Restroom at the Wayne Gray Sports Complex, Page 3

137 Section 19. Assignment or Transfer of Rights or Obligations. The City shall not sell, assign, or transfer any of its rights or obligations under this Agreement in whole or in part without prior written consent of the District. Section 20. Severability. All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. Section 21. Authority. The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. IN WITNESS WHEREOF, the parties have made and executed this Agreement in multiple copies, each of which shall be an original and effective on the 1 st day of October, CITY OF BAYTOWN BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT RICHARD L. DAVIS City Manager ATTEST: STEPHEN H. DONCARLOS President ATTEST: LETICIA BRYSCH City Clerk APPROVED AS TO FORM: LETICIA BRYSCH Assistant Secretary APPROVED AS TO FORM: IGNACIO RAMIREZ, SR. City Attorney IGNACIO RAMIREZ, SR. General Counsel R:\Karen\Files\City Council\Municipal Development District\Contracts\Contracts 2016\Restrooms@Jenkins&WayneGrayParksContract.doc Agreement for Funding the Replacement of the Jenkins Park Restroom and the Installation of a New Restroom at the Wayne Gray Sports Complex, Page 4

138 BAYTOWN CITY COUNCIL MEETING 7. i. Meeting Date: 08/11/2016 Subject: Consider Authorizing an Interlocal Agreement with the Municipal Development District for expenditures for Baytown Sports League Improvements Prepared for: Scott Johnson, Parks and Recreation Prepared by: Leticia Brysch, City Clerk's Office Department: Parks and Recreation Information ITEM Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for improvements to the Baytown sports league facilities. PREFACE This proposed ordinance authorizes an interlocal agreement with the Baytown Municipal Development District for expenditures up to $50,000 for improvements to the Baytown sports league facilities. This agreement will provide funding for several improvement projects at the City s various little league facilities. The repairs/improvements include fencing repairs, dugout repairs and concession/restroom repairs as needed. Funding will be available on October 1, RECOMMENDATION Staff recommends approval. Fiscal Impact Fiscal Year: 2017 Acct Code: PRMD1106 Source of Funds (Operating/Capital/Bonds): MDD Funds Budgeted Y/N: Y Amount Needed: 50, Fiscal Impact (Additional Information): Attachments

139 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR IMPROVEMENTS TO THE BAYTOWN SPORTS LEAGUE FACILITIES; 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 the Interlocal Agreement with the Baytown Municipal Development District for improvements to the Baytown sports league facilities. A copy of said agreement is attached hereto as Exhibit A, and incorporated herein for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 11 th day of August, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Ordinances\2016\August 11\MDDAgreement4BaytownSportsLeagueFacilities.doc

140 Exhibit "A" AGREEMENT FOR FUNDING OF IMPROVEMENTS TO BAYTOWN SPORTS LEAGUE FACILITIES STATE OF TEXAS COUNTY OF HARRIS This Agreement for Funding of Improvements to Baytown Sports League Facilities (the Agreement ) is made by and between the CITY OF BAYTOWN, a municipal corporation located in Harris and Chambers Counties, Texas, (the City ) and the BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT, created under Chapter 377 of the Texas Local Government Code, as amended, (the Act ) and located in Harris County, Texas, (the District ). For and in consideration of the mutual covenants herein contained, it is agreed as follows: Section 1. Representations and Warranties of District. a) The District is engaged in an on-going effort to provide new resources to plan, acquire, establish, develop, construct and/or renovate one or more development projects beneficial to the District, which includes the incorporated limits of the City lying within Harris County. b) The District covenants that it shall actively work to productively coordinate its activities with the City in an effort to reduce duplication of services. c) The District represents and warrants that it has been properly created and is duly authorized pursuant to the Act to enter into this Agreement. Section 2. Description of Program. The City, with the assistance of the District as herein specified, agrees to make improvements to sports league facilities, including fencing repairs, dugout repairs and concession/restroom repairs as needed (the Project ). Section 3. Reports. The City shall prepare and submit to the District within 120 days after the end of each fiscal year during the term of this Agreement a verbal or brief written report describing the services performed by the City pursuant to this Agreement during the previous year along with a summary of expenditures for the previous fiscal year. Section 4. Approvals. The District understands, hereby directs and authorizes the City to make any Project clarifications and/or modifications as may be necessary as determined by the City in its sole discretion. Section 5. Funds to be provided by the District. For and in consideration of the services to be provided by the City in furtherance of this Agreement, the District shall tender funds to the City in an amount not to exceed FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00). All payments required to be made herein shall be payable on or before 30 days after the District receives an invoice therefor from the City. Agreement for Funding of Improvements to Baytown Sports League Facilities, Page 1

141 Section 6. Term. This Agreement shall be effective on October 1, 2016, and shall expire thirty (30) days after final completion and acceptance of the Project by the City, unless sooner terminated by either party hereto pursuant to the terms hereof. Section 7. Termination for Cause. A party may terminate its performance under this Agreement only upon default by the other party. Default by a party shall occur if the party fails to perform or observe any of the terms and conditions of this Agreement required to be performed or observed by that party. Should such a default occur, the party against whom the default has occurred shall have the right to terminate all or part of its obligations under this Agreement as of the 30 th day following the receipt by the defaulting party of a notice describing such default and intended termination, provided: (1) such termination shall be ineffective if within said 30-day period the defaulting party cures or has commenced the cure of the default, or (2) such termination may be stayed, at the sole option of the party against whom the default has occurred, pending cure of the default. Upon the termination of this Agreement, both parties shall be relieved of their respective obligations herein stated, except for those referenced in Section 9 hereinbelow. This Agreement shall not be subject to termination for convenience. Section 8. Force Majeure. Any prevention, delay, nonperformance, or stoppage due to any of the following causes shall excuse nonperformance for the period of any such prevention, delay, nonperformance, or stoppage, except the obligations imposed by this Agreement for the payment of funds allocated for the District s programs. The causes referred to above are strikes, lockouts, labor disputes, failure of power, acts of God, acts of public enemies of this State or of the United States, riots, insurrections, civil commotion, inability to obtain labor or materials or reasonable substitutes for either, governmental restrictions or regulations or controls, casualties or other causes beyond the reasonable control of the party obligated to perform. Section 9. Refund and Payment upon Termination. Upon termination of this Agreement pursuant to Section 7 hereof due to an uncured default by the City, the City hereby agrees to refund all unexpended, unappropriated monies previously paid by the District to the City pursuant to this Agreement. If at the time of termination the District owes the City monies, the District shall remit to the City the appropriate amount computed as of the effective date of the termination. Upon termination of this Agreement pursuant to Section 7 hereof due to an uncured default by the District, the District hereby agrees to pay the total amount committed in Section 5 hereof on or before the effective date of the termination. Section 10. Parties in Interest. This Agreement shall bind and benefit the City and the District and shall not bestow any rights upon any third parties. Section 11. Non-waiver. Failure of either party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing thereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce, by an appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. Agreement for Funding of Improvements to Baytown Sports League Facilities, Page 2

142 Section 12. Compliance with Applicable Laws. The parties hereto shall comply with all rules, regulations, and laws of the United States of America, the State of Texas, and all laws, regulations, and ordinances of the City of Baytown as they now exist or may hereafter be enacted or amended. Section 13. Choice of Law; Venue. This Agreement is subject to and shall be construed in accordance with the laws of the State of Texas, the laws of the federal government of the United States of America and all rules and regulations of any regulatory body or officer having jurisdiction. This Agreement is performable in Harris County, Texas. Section 14. Notices. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address described below or at such other address as the receiving party may have theretofore prescribed by notice to the sending party: District Baytown Municipal Development District Attn: President, Board of Directors P.O. Box 424 Baytown, Texas Fax: (281) City City of Baytown Attn: City Manager P.O. Box 424 Baytown, Texas Fax: (281) Section 15. Audits. The City and the District may, at any reasonable time, conduct or cause to be conducted an audit of the other parties records and financial transactions. The cost of said audit will be borne by the entity requesting the audit. The City and the District shall make available all of its records in support of the audit. Section 16. Ambiguities. In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. Section 17. Captions. The captions of the sections and subsections, if any, of this Agreement are for convenience and ease of reference only and do not define, limit, augment or describe the scope, content or intent of this Agreement or of any part or parts of this Agreement. Section 18. Entire Agreement. This Agreement contains all the agreements of the parties relating to the subject matter hereof and is the full and final expression of the agreement between the parties. Any oral representations or modifications concerning this instrument are of no force or effect excepting a subsequent modification in writing signed by all the parties hereto. Agreement for Funding of Improvements to Baytown Sports League Facilities, Page 3

143 Section 19. Assignment or Transfer of Rights or Obligations. The City shall not sell, assign, or transfer any of its rights or obligations under this Agreement in whole or in part without prior written consent of the District. Section 20. Severability. All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. Section 21. Authority. The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. IN WITNESS WHEREOF, the parties have made and executed this Agreement in multiple copies, each of which shall be an original and effective on the 1 st day of October, CITY OF BAYTOWN BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT RICHARD L. DAVIS City Manager ATTEST: STEPHEN H. DONCARLOS President ATTEST: LETICIA BRYSCH City Clerk APPROVED AS TO FORM: LETICIA BRYSCH Assistant Secretary APPROVED AS TO FORM: IGNACIO RAMIREZ, SR. City Attorney IGNACIO RAMIREZ, SR. General Counsel R:\Karen\Files\City Council\Municipal Development District\Contracts\Contracts 2016\BaytownSportsLeagueFacilityImprovementsContract.doc Agreement for Funding of Improvements to Baytown Sports League Facilities, Page 4

144 BAYTOWN CITY COUNCIL MEETING 7. j. Meeting Date: 08/11/2016 Subject: Delinquent Tax Collection Contract with Randall B. Strong Prepared for: Ignacio Ramirez, Legal Prepared by: Karen Horner, Legal Department: Legal Information ITEM Consider an ordinance authorizing an agreement with Randall B. Strong for the collection of delinquent taxes, payments in lieu of taxes and bankruptcy collections. PREFACE This proposed ordinance authorizes an agreement with Randall B. Strong for the collection of delinquent taxes, payments in lieu of taxes and bankruptcy collections. Mr. Strong has been the City's attorney for the collection of delinquent taxes since The agreement has been renewed several times since it was first awarded. Both the existing agreement and the proposed agreement contains the following annual collection performance standards, which Mr. Strong is meeting: 1. First year delinquent collections as a percentage of beginning levy balance: 55% 2. Second year delinquent collections as a percentage of beginning levy balance: 30% The proposed agreement as well as the past agreement includes the collection of delinquent industrial district payments and the handling of all bankruptcy filings for amounts due the City -- both those in which there are delinquent taxes and those that do not. As compensation for his services, Mr. Strong will continue to receive the additional penalty promulgated by the City, which is 20 percent of the taxes penalty and interest collected pursuant to the Tax Code. On July 27, 2016, the Finance Committee met and recommended that the agreement be awarded to Mr. Strong. RECOMMENDATION Staff recommends approval. Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Fiscal Impact

145 Amount Needed: Fiscal Impact (Additional Information): No fiscal impact. Ordinance - Tax Collection Contract Exhibit A - Tax Collection Contract Attachments

146 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN AGREEMENT WITH RANDALL B. STRONG FOR THE COLLECTION OF DELINQUENT TAXES AND PAYMENTS IN LIEU OF TAXES AND BANKRUPTCY COLLECTIONS; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF THE ADDITIONAL PENALTY PROMULGATED BY THE CITY COLLECTED PURSUANT TO THE TAX CODE; 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 an agreement with Randall B. Strong for the collection of delinquent taxes, payments in lieu of taxes and bankruptcy collections. 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 the amount of the additional penalty promulgated by the City collected pursuant to the Tax Code for the agreement authorized in Section 1 hereof. Section 3: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 11 th day of August, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Ordinances\2016\August 11\TaxCollectionContract.doc

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155 BAYTOWN CITY COUNCIL MEETING 7. k. Meeting Date: 08/11/2016 Subject: Renewing the Annual Installation and Repair of Traffic Signal Equipment Contract Prepared for: Kevin Harvill, Public Works Prepared by: Carla Hommel, Finance Department: Public Works Information ITEM Consider an ordinance authorizing the renewal of the Annual Installation and Repair of Traffic Signal Equipment Contract to Southwest Signal Supply, Inc. PREFACE This proposed ordinance authorizes the ninth renewal of the Annual Installation and Repair of Traffic Signal Equipment Contract to Southwest Signal Supply, Inc., in the amount of $133,600. The contract is from September 1, 2016, through August 31, Southwest Signal submitted a written request to renew the current contract for the same pricing, terms and conditions with no CPI increase. Services will include: new installation, trouble shooting, minor and major repairs which can not be performed in-house, preventative maintenance, rebuilding of traffic signals, and emergency repairs. Southwest Signal continues to provide excellent service. RECOMMENDATION Staff recommends approval. Fiscal Impact Fiscal Year: Acct Code: Varies Source of Funds (Operating/Capital/Bonds): varies Funds Budgeted Y/N: Y Amount Needed: 133,600 Fiscal Impact (Additional Information): Fiscal Year: Acct Code:

156 Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact (Additional Information): Org / Acct numbers vary among different projects throughout the term of the annual contract. Attachments Certificate Ordinance - Annual Installation and Repair of Traffic Signal Equipment Contract

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158 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL INSTALLATION AND REPAIR OF TRAFFIC SIGNAL EQUIPMENT CONTRACT WITH SOUTHWEST SIGNAL SUPPLY, INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY-THREE THOUSAND SIX HUNDRED AND NO/100 DOLLARS ($133,600.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************************************** WHEREAS, Southwest Signal Supply, Inc., was awarded the Annual Installation and Repair of Traffic Signal Equipment Contract on August 23, 2007, pursuant to competitive bidding procedures, which contract included an option by the parties to renew for additional oneyear periods; and WHEREAS, such contract was renewed on July 24, 2008, August 13, 2009, May 27, 2010, July 14, 2011, August 23, 2012, August 8, 2013, August 14, 2014, and September 10, 2015, and can be renewed for an additional one-year term; and WHEREAS, Southwest Signal Supply, Inc., has indicated its willingness to renew the contract for an additional year under the same terms and conditions; and WHEREAS, the Administration has reviewed the market conditions and recommends renewal as being in the best interest of the City; 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 renews the Annual Installation and Repair of Traffic Signal Equipment Contract with Southwest Signal Supply, Inc., for an additional one-year period. Section 2: That the City Council of the City of Baytown hereby authorizes payment in an amount not to exceed ONE HUNDRED THIRTY-THREE THOUSAND SIX HUNDRED AND NO/100 DOLLARS ($133,600.00) to Southwest Signal Supply, Inc., for the Annual Installation and Repair of Traffic Signal Equipment Contract. Section 3: That pursuant to the provisions of Texas Local Government Code Annotated , the City Manager is hereby granted general authority to approve any change order involving a decrease or an increase in costs of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) or less, subject to the provision that the original contract price may not be increased by more than twenty-five percent (25%) or decreased by more than twenty-five percent (25%) without the consent of the contractor to such decrease. Section 4: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown.

159 INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 11 th day of August, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Ordinances\2016\August 11\RenewAnnualInstallationandRepairofTrafficSignalEquipmentContract.docx 2

160 BAYTOWN CITY COUNCIL MEETING 7. l. Meeting Date: 08/11/2016 Subject: Versaterm Records Management System Renewal Prepared for: Edward Tomjack, Information Technology Services Prepared by: Edward Tomjack, Information Technology Services Department: Information Technology Services Information ITEM Consider an ordinance authorizing the annual renewal of Versaterm Records Management System software and support services contract. PREFACE This proposed ordinance authorizes payment to Versaterm Inc., in the amount of $32,078.00, for annual support and software maintenance of the Records Management System. This application is used by the Police Department. RECOMMENDATION Staff recommends approval. Fiscal Impact Fiscal Year: 2016 Acct Code: Source of Funds (Operating/Capital/Bonds): Operating Funds Budgeted Y/N: Y Amount Needed: $32, Fiscal Impact (Additional Information): Versaterm Invoice Certificate Ordinance - Versaterm Attachments

161 VERSATERM INC Carling Avenue, Ottawa, Ontario, Canada K2B 7G1 Tel: Fax: INVOICE # April 28, 2016 TO: ATTENTION: Baytown Police Department 3200 North Main Street Baytown, Texas Ed Tomjack Director of I.T. Services, City of Baytown REFERENCE: RMS Annual Software Maintenance and Support Services For Period October 1, 2016 to September 30, 2017 Versaterm RMS Licenses $ 14, Versaterm Mugshot Licenses $ 5, Versadex Crime Analysis Pkg & Versadex Data Mart $ 11, TOTAL: $ 32, U.S. TERMS: Net 30 days The evolution of integrated public safety systems

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163 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THIRTY-TWO THOUSAND SEVENTY-EIGHT AND NO/100 DOLLARS ($32,078.00) TO VERSATERM, INC., FOR ANNUAL SUPPORT AND SOFTWARE MAINTENANCE OF THE RECORDS MANAGEMENT SYSTEM; 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 hereby authorizes the payment of THIRTY-TWO THOUSAND SEVENTY-EIGHT AND NO/100 DOLLARS ($32,078.00) to Versaterm, Inc., for annual support and software maintenance for the records management system. Section 2: That pursuant to the provisions of Texas Local Government Code Annotated , the City Manager is hereby granted general authority to approve any change order involving a decrease or an increase in costs of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) or less, subject to the provision that the original contract price may not be increased by more than twenty-five percent (25%) or decreased by more than twenty-five percent (25%) without the consent of the contractor to such decrease. Section 3: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 11 th day of August, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Ordinances\2016\August 11\VersatermLicensesHardwareSoftware.doc

164 BAYTOWN CITY COUNCIL MEETING 7. m. Meeting Date: 08/11/2016 Subject: Consider Awarding three Housing Reconstruction Contracts under the HOME HRA Program. Prepared for: Tiffany Foster, Planning and Development Services Prepared by: June Tyler, Planning and Development Services Department: Planning and Development Services Information ITEM Consider an ordinance awarding the housing reconstruction projects located at 311 W. Gulf Street, 1804 Chesapeake Street and 1807 Texoma Street. PREFACE This proposed ordinance awards three housing reconstruction projects to Villarreal Y CIA, under the HOME Investment Partnerships Housing Rehabilitation Assistance Program for low-income persons. The project located at 311 W. Gulf Street, proposed in the amount of $58,500, is to construct a three bedroom, one bath, ADA compliant home measuring approximately 1,100-square-feet. The existing 840-square-foot home was built in This existing home requires extensive repairs that exceeds the Program's $25,000 limit for repairs. The estimate for repairs totaled over $40,800. Staff recommends demolishing and reconstructing the structure. An aerial map of 311 W. Gulf Street is attached. The project located at 1804 Chesapeake Street, proposed in the amount of $58,500, is to construct a three bedroom, one bath, ADA compliant home measuring approximately 1,100-square-feet. The existing 1,381-square-foot home was built in This existing home requires extensive repairs that exceeds the Program's $25,000 limit for repairs. The estimate for repairs totaled over $37,450. Staff recommends demolishing and reconstructing the structure. An aerial map of 1804 Chesapeake Street is attached. The project located at 1807 Texoma Street, proposed in the amount of $58,500, is to construct a three bedroom, one bath, ADA compliant home measuring approximately 1,100-square-feet. The existing 1,020-square-foot home was built in This existing home requires extensive repairs that exceeds the Program's $25,000 limit for repairs. The estimate for repairs totaled over $41,000. Staff recommends demolishing and reconstructing the structure. An aerial map of 1807 Texoma Street is attached.

165 In addition to the homes, funds will be used to construct fencing, driveway and sidewalks as needed. This bid is being awarded on the best value for the City based upon criteria enumerated in the bidding documents, including reputation of the bidder and the quality of the bidder's goods or services. In addition to being the best value, Villarreal Y CIA has satisfactorily completed housing reconstruction services for the City of Baytown. A copy of the bid tabulation is attached. Notices of the bid were published in the Baytown Sun and ed/mailed to approximately 40 contractors from a list of businesses that previously expressed interest in bidding on Community Development projects. Additionally, the bid was sent to Bid Ocean, Reed Construction Data, and CDC News. Combined these three agencies reaches over 1,000 area contractors. Three bids and two no bids were submitted. RECOMMENDATION Staff recommends approval. Fiscal Impact Fiscal Year: 2016 Acct Code: Source of Funds (Operating/Capital/Bonds): TDHCA HOME Funding Funds Budgeted Y/N: Y Amount Needed: 175,500 Fiscal Impact (Additional Information): 311 W. Gulf Aerial Map 1804 Chesapeake Aerial Map 1807 Texoma Aerial Map Bid Tabulation Certificate Ordinance - CDBG Reconstruction Attachments

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169 Bid Package 16-02a Home Reconstruction Projects 16-03, 16-04, & Bid Opening: July 14, 10:00 a.m. Bid Tabulation - Bids Received Villareal Y Cia 412 Arbor St. Baytown, TX MLG Construction 7402 Arnim St. Houston, TX Hope Resources LLC 2905 Lake East Dr. Ste. 150 Las Vegas,NV Item No. Demolition: Commercial Structures Unit of Measure Quantity Unit Price Unit Price Unit Price 1 Reconstruction 311 W. Gulf St. LS $58, $59, $80, Reconstruction 1804 Chesapeake St. LS $58, $59, $80, Reconstruction 311 W. Gulf St. LS $58, $59, $80, Alternate #1 Pour flatwork and driveway at both locations S.F. $8.50 $4.80 $10, Alternate #2 Provide chain link fence, with one gate, and removal of existing material at each location. L.F. $25.50 $17.00 $7, Alternate #3 Provide 6'-0" cedar fence, with one gate, and removal of existing material at each location. L.F. $20.00 $17.00 $9, Bid Bond: Yes Bid Bond: Yes Bid Bond: Yes Total Base Bid $175, $179,700 $240,000

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