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

Transcription

1 CITY OF BAYTOWN NOTICE OF MEETING CITY COUNCIL REGULAR MEETING THURSDAY, APRIL 11, :30 P.M. CITY COUNCIL CHAMBER 2401 MARKET STREET BAYTOWN, TEXAS AGENDA CALL TO ORDER AND ANNOUNCEMENT OF QUORUM Council Member Brandon Capetillo, District No. Three 1. MINUTES a. Consider approving the minutes of the City Council Work Session and Regular Meeting held on March 28, RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Consider a proposed resolution accepting a donation from Exxon Mobil Corporation in support of the Mayor's Summer Youth Work Program. b. Consider a resolution accepting a donation from Exxon Mobil Corporation in support of the Children, Literacy, Reading and Cultural Enrichment Programs of Sterling Municipal Library. c. Consider a resolution accepting an Exxon Mobil donation for the Eddie V. Gray Wetlands Education and Recreation Center's Wetlands Ecology Program and the Baytown Nature Center's Environmental Education Program. d. The City of Baytown Parks and Recreation Department received the 2013 Lone Star Recreation Programming Achievement Award, Class III for the "Nurture Nature Series" program. e. Present the 3rd and 4th of July Celebration schedule and entertainment for f. Present a proclamation designating April 14-20, 2013, as National Public Safety Telecommunications Week. g. Present a proclamation designating April 14-20, 2013, as National Library Week. h. Present a proclamation designating April as National Safe Digging Month.

2 3. PROPOSED ORDINANCES a. Consider an ordinance of the first reading of the annexation of approximately acres located along the south I-10 feeder road approximately 2,000 feet west of State Highway 146. b. Consider an ordinance awarding a construction contract to Angel Brothers Enterprises, LTD for the Ferry Road Sanitary Sewer Improvement Project. c. Consider an ordinance authorizing the 2013 Mayor and ExxonMobil Summer Youth Work Program. 4. PROPOSED RESOLUTIONS a. Consider a resolution authorizing the City to submit a continuation grant application for the Police Department in response to the General Victim Assistance - Direct Services Programs Solicitation from the Criminal Justice Division (CJD) of the Texas Governor's Office through the Houston-Galveston Area Council (H-GAC) to fund one full-time Victim Services Program Coordinator and one full-time Case Worker. 5. CONSENT All Consent Agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. a. Consider an ordinance authorizing a license agreement with Quick Deal Enterprises, Inc., for the irrigation of the Gateway Monument Project. b. Consider an ordinance authorizing a letter agreement with John M. Fitzgerald Family Trust regarding the conveyance of an easement to the City in exchange for the maintenance of a four-inch force main to be located in public rights-of-way. c. Consider an ordinance authorizing a letter agreement concerning the transfer of acres off Bayway Drive to the Eola Cox Estate. d. Consider an ordinance authorizing the municipal maintenance agreement with the State of Texas through the Texas Department of Transportation concerning the maintenance and operation of state highways within that portion of the City lying within Chambers County. e. Consider an ordinance authorizing a license agreement with the Friends of the Baytown Nature Center for a community garden at the RTC park property on W. Texas Avenue. f. Consider an ordinance authorizing the purchase of one (1) 2013 Pierce Quantum Pumper Truck for the Fire Department through the Houston-Galveston Area Council.

3

4 BAYTOWN CITY COUNCIL MEETING 1. a. Meeting Date: 04/11/2013 Subject: Consider Approving the Minutes of the City Council Work Session and Regular Meeting for March 28, Prepared for: Leticia Brysch Prepared by: Omega Jones, City Clerk's Office Department: City Clerk's Office Information ITEM Consider approving the minutes of the City Council Work Session and Regular Meeting held on March 28, PREFACE Consider approving the minutes of the City Council Work Session and Regular Meeting held on March 28, RECOMMENDATION Staff recommends approval. Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact Fiscal Impact (Additional Information): There is no fiscal impact associated with this item.

5 D R A F T MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN March 28, 2013 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, March 28, 2013, 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 Mercedes Renteria Terry Sain Stephen H. DonCarlos Robert D. Leiper Ron Bottoms Kevin Troller Ignacio Ramirez Leticia Brysch Keith Dougherty Council Member Council Member Council Member Council Member Council Member Mayor City Manager Deputy City Manager Assistant City Manager City Attorney City Clerk Sergeant at Arms Mayor DonCarlos convened the March 28, 2013, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present with the exception of Council Member Scott Sheley who was absent. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Capetillo. 1. MINUTES a. Consider approving the minutes of the City Council Regular Meeting held on March 14, A motion was made by Mayor Pro Tem Terry Sain and seconded by Council Member David McCartney approving the March 14, 2013, City Council 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, Mayor Pro Tem Terry Sain Other: Council Member Mercedes Renteria III (Abstain), Council Member Scott Sheley (Absent)

6 City Council Regular Meeting Minutes March 28, 2013 Page 2 of 17 Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS City Manager Leiper recommended that the agenda be taken out of order to consider item 2.f. 2.f. Recognize the March of Remembrance event on Saturday, April 6, Reverend Jim Gill, Interim Pastor of the Faith Presbyterian Church in Baytown registered to speak regarding agenda item 2.f. and stated that on Saturday, April 6th, from 1-4 P.M., there would be a Holocaust March of Remembrance prayer walk. Mayor DonCarlos stated that he signed a proclamation memorializing the event on behalf of the city and would be presenting it to them. a. Mr. Arnold Crawford requested to address Council to discuss persons attaching flyers to vehicles in parking lots. Mr. Crawford was not present. b. Mr. Tommy Sawyer requested to address Council to discuss H.R. 129 Glass-Steagall bill. Mr. Sawyer stated that the Glass-Steagall bill was a law on the books for 60 years and made it against the law for the federal government to back speculation on banking (such as Wall Street), but was repealed in He stated that he wanted to bring this before the local representatives to endorse for the bill to be returned. c. Present a proclamation designating April 1-6, 2013, as Community Development Week. Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented to June Tyler and the Community Development Advisory Committee (CDAC) a proclamation designating April 1-6, 2013, as Community Development Week. d. Present a proclamation designating March 28, 2013 as "Texas Pie Lady Day" in honor of long-time Baytown resident Helen Smith. Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented to Helen Smith a proclamation designating March 28, 2013 as "Texas Pie Lady Day" in honor of long-time Baytown resident Helen Smith.

7 City Council Regular Meeting Minutes March 28, 2013 Page 3 of 17 e. Recognize the four age group winners and the overall winner of the 2013 Trash-Off art contest. Melissa Sorenson, President of Keep Baytown Beautiful presented the agenda item and stated that the winner's for the 4th Annual Youth Art Competition for the Keep Baytown Beautiful Trash Off are as follows: K-2nd Grade: Gabby Washington, 1st Place Ruby Duran, 2nd Place Esmeralda Villalon, 3rd Place 3rd-5th Grade: Daniela Mendoza, 1st Place Glynnis Lozano, 2nd Place Sebastian Esquibel, 3rd Place 6th-8th Grade: Jessica Zavla, 1st Ghalesy Carreon, 2nd 9th -12th Grade: Brianna Rivera, 1st Place Daisy Campos, 2nd Place Overall Winner: Desiree Toutai g. Recognize City of Baytown employees for their Years of Service (5, 10, 15 plus years). City Manager Leiper presented the agenda item and recognized City of Baytown employees for their Years of Service (5, 10, 15 plus years). 5 Years: Martin Shupla, Librarian II Rachel Ashley, Paramedic Marti Lechner, Animal Services Coordinator Ryan Guidry, Meter Technician II Kelly Carpenter, Director of Planning & Community Development 10 Years: Daniel McWilliams, Patrol Officer 20 Years: Michael Wooster, Fire Equipment Operator

8 City Council Regular Meeting Minutes March 28, 2013 Page 4 of Years: Randall Rhodes, Patrol Officer 3. PROPOSED ORDINANCES a. Consider an ordinance authorizing a Development Agreement with Chevron Phillips Chemical Company LP., Harris County, the Baytown Redevelopment Authority and the Reinvestment Zone Number One, City of Baytown, Texas, for reimbursement of public improvements for the TIRZ Sjolander Road Project. City Manager Leiper presented the agenda item and stated that this public project would help facilitate the construction of Chevron Phillips 1-hexene unit and the ethane cracking unit. He stated that the estimated construction cost for the widening of Sjolander Road is $6,900,000, which includes a $500,000 contingency. He stated that this agreement provides the terms and conditions for reimbursement of Chevron Phillips for 100% of the funds advanced for the public improvement. He stated that Harris County designed and will construct the public improvements based upon plans and specifications approved by the City. He stated that once the improvements are completed and approved by the City's engineer, the City will accept the improved roadway and be responsible thereafter for its maintenance. City Manager Leiper stated that this development agreement was considered by Harris County Commissioners Court and the TIRZ and Baytown Redevelopment Authority Board on March 26, A motion was made by Council Member David McCartney and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,217. 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 Other: Council Member Scott Sheley (Absent) Approved ORDINANCE NO. 12,217 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A DEVELOPMENT AGREEMENT WITH CHEVRON PHILLIPS CHEMICAL COMPANY LP., HARRIS COUNTY, THE BAYTOWN REDEVELOPMENT AUTHORITY AND THE REINVESTMENT ZONE NUMBER ONE, CITY OF BAYTOWN, TEXAS, FOR REIMBURSEMENT OF PUBLIC IMPROVEMENTS FOR THE TIRZ SJOLANDER ROAD PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

9 City Council Regular Meeting Minutes March 28, 2013 Page 5 of 17 b. Consider an ordinance authorizing the Second Amendment to the Interlocal Agreement with Harris County, the City of Baytown, and Reinvestment Zone Number One, City of Baytown, Texas, for Harris County's participation in TIRZ Sjolander Road Project. City Manager Lieper presented the agenda item and stated that Ordinance No. 12,218 amends the agreement with Harris County to allow for Chevron's advanced payment and reimbursement. A motion was made by Council Member Robert C. Hoskins and seconded by Mayor Pro Tem Terry Sain approving Ordinance No. 12,218. 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 Other: Council Member Scott Sheley (Absent) Approved ORDINANCE NO. 12,218 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN HARRIS COUNTY, CITY OF BAYTOWN, AND REINVESTMENT ZONE NUMBER ONE, CITY OF BAYTOWN, TEXAS, FOR HARRIS COUNTY S PARTICIPATION IN THE TIRZ FOR THE SJOLANDER ROAD PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. REPORTS a. Receive the 2012 Racial Profiling Report. City Manager Leiper presented the agenda item and Assistant Chief Holden presented the 2012 Racial Profiling report. Chief Holden stated that there were 12,466 vehicle stops and of that number of stops made the percentages were as follows: 45% of the White race, 30% of the Hispanic race, 21% of the Black race,.9% of the Asian race,.43% of the Middle Eastern race, and.22% of the Native American race.

10 City Council Regular Meeting Minutes March 28, 2013 Page 6 of CONSENT A motion was made by Council Member David McCartney and seconded by Council Member Brandon Capetillo approving consent agenda items 5.a. through 5.k. 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 Other: Council Member Scott Sheley (Absent) Approved a. Consider an ordinance authorizing an Industrial District Agreement with Borusan Mannesmann Pipe U.S., Inc. ORDINANCE NO. 12,219 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 BORUSAN MANNESMANN PIPE U.S., INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing an Industrial District Agreement with Cedar Crossing Mountain West LLC. ORDINANCE NO. 12,220 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 CEDAR CROSSING MOUNTAIN WEST LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance amending Chapter 30 "Emergency Services," Article III "Emergency Medical Service" of the Code of Ordinances, Baytown, Texas, to transfer the responsibilities concerning the emergency medical services operations of the City to the Fire Department. ORDINANCE NO. 12,221 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 30 EMERGENCY SERVICES, ARTICLE III EMERGENCY MEDICAL SERVICE, DIVISION 1 GENERALLY, SECTION DEFINITIONS AND APPEALS, SUBSECTION (A), AND DIVISION 3 SERVICES, SECTION PERSONS

11 City Council Regular Meeting Minutes March 28, 2013 Page 7 of 17 AUTHORIZED TO ENGAGE IN SERVICE, SUBSECTION (A) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO PLACE THE RESPONSIBILITIES FOR THE ARTICLE UNDER THE FIRE DEPARTMENT; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. d. Consider an ordinance amending Chapter 78 "Personnel" Article IV "Police Officer, Firefighter Classifications" of the Code of Ordinances, Baytown, Texas, to update the general statement of duties, the distinguishing features of the class, examples of work, and the qualifications for each classification in the Fire Department. ORDINANCE NO. 12,222 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 78 PERSONNEL, ARTICLE IV POLICE OFFICER, FIREFIGHTER CLASSIFICATIONS, DIVISION 3 FIREFIGHTERS SERVICE GROUP, SUBDIVISION II NON-CIVIL SERVICE, SECTION FIRE CADET, SUBSECTION (E) AND SECTION FIRE ACADEMY TRAINEE, SUBSECTION (E); AND SUBDIVISION III CIVIL SERVICE OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO UPDATE THE GENERAL STATEMENT OF DUTIES, THE DISTINGUISHING FEATURES OF THE CLASS, EXAMPLES OF WORK, AND THE QUALIFICATIONS FOR EACH CLASSIFICATION IN THE FIRE DEPARTMENT; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance prescribing the number of positions in each classification in "Service Group - Fire." ORDINANCE NO. 12,223 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION IN THE FIRE DEPARTMENT; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

12 City Council Regular Meeting Minutes March 28, 2013 Page 8 of 17 f. Consider an ordinance approving the Baytown Area Water Authority's partial release of retainage for the BAWA Power Distribution System Improvement Project. ORDINANCE NO. 12,224 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING BAYTOWN AREA WATER AUTHORITY S PARTIAL RELEASE OF RETAINAGE IN THE AMOUNT OF SIXTY-TWO THOUSAND EIGHT HUNDRED FORTY-THREE AND 47/100 DOLLARS ($62,843.47) TO T&C CONSTRUCTION, INC., FOR THE BAWA POWER DISTRIBUTION SYSTEM PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider Granting a Pipeline Permit to Targa NGL Pipeline LLC. ORDINANCE NO. 12,225 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A PIPELINE PERMIT TO TARGA NGL PIPELINE COMPANY LLC, TO INSTALL ONE NEW 12-INCH PIPELINE; ESTABLISHING THE AMOUNT OF THE BOND; AUTHORIZING AND DIRECTING THE DIRECTOR OF ENGINEERING TO ISSUE THE PERMIT THEREFOR; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing Change Order No. 1 for the 2013 Annual Waterline Rehabilitation Contract with PM Construction & Rehab, L.P. ORDINANCE NO. 12,226 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 1 WITH PM CONSTRUCTION & REHAB, L.P., FOR THE 2013 ANNUAL WATERLINE REHABILITATION CONTRACT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWO HUNDRED FIFTY THOUSAND NO/100 DOLLARS ($250,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance awarding the housing reconstruction projects located at 2204 New Jersey Street and 3110 Michigan Street. ORDINANCE NO. 12,227 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AWARDING THE CONTRACT FOR THE HOUSING RECONSTRUCTION PROJECTS LOCATED AT 2204 NEW JERSEY STREET AND 3110 MICHIGAN STREET TO MLG

13 City Council Regular Meeting Minutes March 28, 2013 Page 9 of 17 CONSTRUCTION INC., FOR THE SUM OF ONE HUNDRED TWELVE THOUSAND ONE HUNDRED FORTY- EIGHT AND NO/100 DOLLARS ($112,148.00); AUTHORIZING PAYMENT THEREOF; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing the purchase of twenty (20) Panasonic semirugged laptop computers from CDW-G. ORDINANCE NO. 12,228 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FORTY-FIVE THOUSAND FORTY-SIX AND 60/100 DOLLARS ($45,046.60) TO CDW-G FOR THE PURCHASE OF TWENTY (20) PANASONIC SEMI-RUGGED LAPTOP COMPUTERS THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES FOR THE POLICE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider a resolution authorizing the City of Baytown to apply to the Office of National Drug Control Policy for a 2013 grant for the Houston High Intensity Drug Trafficking Area Program. RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE OFFICE OF NATIONAL DRUG CONTROL POLICY FOR A 2013 GRANT FOR THE HOUSTON HIGH INTENSITY DRUG TRAFFICKING AREA PROGRAM IN THE AMOUNT OF FOUR HUNDRED THIRTEEN THOUSAND THREE HUNDRED EIGHTEEN AND NO/100 DOLLARS ($413,318.00); 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. 6. PROPOSED RESOLUTIONS a. Consider a resolution naming the East Baker Road Extension Project. City Manager Leiper presented the agenda item and stated that staff was directed by Council at the last Council meeting, to bring an item to the next Council meeting allowing for discussion and action be taken regarding the naming of the resulting road of the East Baker Road Extension Project.

14 City Council Regular Meeting Minutes March 28, 2013 Page 10 of 17 City Manager Leiper stated that because this item is for a new road that is going directly to Council, it is not necessary to submit a form for naming a street, but stated that a form for naming a street needs to be submitted if a citizen wanted to rename a street. Bill Daily registered to speak regarding agenda item 6.a. and stated that he recommended naming the new road as Crockett Blvd. City Manager Leiper stated that in 90 days the item would be put back on agenda for consideration therefore; no action was taken on this item. b. Consider a resolution amending the City Council's Rules of Procedure. City Manager Leiper presented the agenda item to discuss the following amendments concerning (i) calling a person out of order, (ii) scheduling of the second meeting in November, (iii) limiting repetitive comments, (iv) providing for one citizen communication per citizen per meeting, and (v) requiring only three council members (instead of a quorum) to take certain actions. He stated that the proposed changes to the Council Rules of Procedure were: Add Section 3.3 (f) Authority given to the presiding officer to exercise control over persons disrupting the meeting; 1st time by advising them that they are out of order, 2nd time order them to stop and if they continue to violate the rule they would be removed immediately, and the 3rd time order them to leave the meeting and the sergeant at arms could remove that person if they refused to leave the meeting. Add Section 3.4 (d) Repetitious comments will be prohibited; if someone repeats the same or substantially the same argument or talks about the same items at successive meetings or within the same meeting then the chair could call that person out of order. The person is allowed to make written comments to Council in which Council may or may not take action as Council deem appropriate. Revise Section Add 4.1 Council's second meeting in November will be: The Monday in November immediately preceding Thanksgiving, or the date of the canvass of the November election Revise Sections 4.2, 4.3, and 4.4 Work Sessions, Special Meetings and Emergency Meetings may be call by three (3) member of Council Revise Section 5.3 The presiding officer shall preserve order by preventing repetitious comments Revise Section 6.2 (e) (1) (a) Clarifies that the a person must meet the time requirement in order to be put on the citizens communications for an item not listed on the agenda; and

15 City Council Regular Meeting Minutes March 28, 2013 Page 11 of 17 (c) Citizen Communication will be limited to one (1) Citizen communication per citizen per meeting and City Manager Leiper clarified that a person could sign up to for speak as many items on the agenda, but in terms of bringing a new agenda item for discussion the person could only bring one (1) new agenda item per meeting. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member David McCartney approving Resolution No as amended to remove the proposed item 3.3 (f). 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 Other: Council Member Scott Sheley (Absent) Approved RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE CITY COUNCIL RULES OF PROCEDURE; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. APPEALS a. Conduct an appeal hearing concerning the February 4, 2013, decision of the Tow Truck Committee ordering a 60-day suspension of Target Towing, owned by Mr. Anas Ahmad from the City of Baytown non-consent tow list for alleged violations of the City of Baytown Code of Ordinance, Chapter 102, Article III. At 7:26 P.M., Mayor DonCarlos conducted an appeal hearing concerning the February 04, 2013, decision of the Tow Truck Committee ordering a 60-day suspension of Target Towing, owned by Mr. Anas Ahmad from the City of Baytown non-consent tow list for alleged violations of the City of Baytown Code of Ordinance, Chapter 102, Article III. All testifying participants were sworn in by Mayor DonCarlos. Mayor DonCarlos moved forward allowing to hear opening statements. City Clerk, Leticia Brysch presented an opening statement and stated that the appeal was regarding the decision made by the Tow Truck Committee on February 04, 2013, to suspend Target Towing owned by Mr. Ahmad for 60 days from the City's non-consent tow list for violations to the City's tow truck code and contract. She stated that the violations were sending a driver to a scene with a suspended driver s license as well as having warrants for his arrest on

16 City Council Regular Meeting Minutes March 28, 2013 Page 12 of 17 two runs; and failing to provide the City with the driver s state license and information as required per the code. Mrs. Brysch stated that the following people were available as witnesses: Jason Cozza, Deputy City Clerk, Sergeant Lee Hendricks, Commercial Vehicle Units and Tow Truck Vehicle Inspector, Ray Pheris, Communications Coordinator, John Tacito, Baytown Police Patrol Officer, Eileen Hall, Tow Truck Committee Chairperson, B.C. Hudman, Committee Member and Porter Flewellen, Committee Member. Mr. Thomas Niederhofer presented an opening statement and stated that Mr. Ahmad and Target Towing were not disputing the occurrence of the violations and stipulate that the violations did occur. He stated that the appeal strictly goes to the severity through the magnitude of the penalty that was imposed. Mr. Niederhofer stated that the penalty in terms of revenue was approximately $10,000 to $15,000. He stated that the violations were in overtly and an oversight and requested for Council to consider a reduction in the penalty proposed by the Committee. Mayor DonCarlos moved forward allowing hearing testimonies from witnesses. Mrs. Brysch stated that because the appellant did not deny the accusations she would move forward with the stipulation of facts. She stated that on February 04, 2013, the City of Baytown Tow Truck Committee (the "Committee") met and held a hearing to consider the alleged violations of the City of Baytown Code of Ordinances, Chapter 102, Article III by Target Towing. She stated that notice was sent to Mr. Ahmad regarding the hearing on January 25, 2013, which was ten days prior to the hearing and required per the code. She stated that the notice was posted in the notice board and the City's website, as per the open meetings act. Mrs. Brysch stated that following the hearing and after hearing statements made by staff and Ms. Snyder, the Office Manager for Target Towing, the Committee unanimously voted to suspend Target Towing from the City's non-consent tow list for a period of 60 days. Mrs. Brysch stated that Mr. Ahmad was not present at the hearing. During Officer John Tacito's testimony, he stated that on two separate occasions he stopped Mr. Pena. He stated that on one of the stops, he was told by the EMS and Fire Department drivers that Mr. Pena was driving erratically on his way to the scene so when Mr. Pena showed up to the scene where he was, he requested for his identification and asked him to leave the scene. Officer Tacito stated that a few minutes later Mr. Pena showed up to another scene that he was at, in which at this time he (Officer Tacito) was aware that Mr. Pena had a suspended license and warrants and therefore arrested him. Officer Tacito stated that about two weeks later Mr. Pena showed up to a scene where he was working and he checked his license again, finding that he had a suspended license and warrants resulting in him being arrested again. Mayor DonCarlos extended to Mr. Niederhofer the opportunity to cross examine Officer Tacito, but stated that he did not have any questions. Mrs. Brysch stated that the instances in which Officer Tacito spoke of, violates state law to which Mr. Pena plead guilty to. She stated that the Tow Truck Agreement states that any operator and any member of his company will follow all state and local laws, codes, agreement, etc. and that the City's contract holds the owner responsible for everything that happens with their permit. Mrs. Brysch stated that in addition to the issues with the suspended license and

17 City Council Regular Meeting Minutes March 28, 2013 Page 13 of 17 warrants, Target Towing failed to provide the City with Mr. Pena s information and add him as one of their drivers on their application and permit, which is a requirement under the code. She stated that Ms. Snyder testified at the hearing that she (Ms. Snyder) wasn't aware that she hadn't submitted the related paperwork. Mrs. Brysch stated that by not submitting paperwork for Mr. Pena, the City had no way of knowing that he was not in compliance because he didn't actually exist in the City s records of documentation and the only way the City was made aware of this issue was because of the complaint submitted by Officer Tacito to the City Clerk's office. Mayor DonCarlos requested to hear from the Chairperson. During Ms. Hall's testimony, she stated that her decision was based on the concern that the tow truck company was not taking the business contract serious and he should be held accountable. During further discussion, Mayor DonCarlos inquired as to what were the charges for the warrants for Mr. Pena and Council Member Renteria inquired if there were any guidelines on the actions taken regarding violations of tow truck rules. In regards to the Mayor's question, Mrs. Brysch stated that the warrants were for speeding, no insurance and unknown charge. Council Member McCartney inquired of when Mr. Pena's license was suspended. Mrs. Brysch stated that she did not have information as to when Mr. Pena's license were suspended, but that the officer encountered him in October and in December. Additionally, Mrs. Brysch stated that Ms. Snyder testified that at some point they were aware of Mr. Pena s suspended license and warrants; therefore there was enough time to remedy the situation. In regards to Council Member Renteria's question, Mrs. Brysch stated that the code is broad when referencing the duties it gives for penalties, but stated that in the past the committee would review the companies and the owner's past history with a holistic approach for penalties. She stated that the code gives the committee four instances when they may revoke or suspend for up to 1 year: (1) violation of any state, federal, or local law (2) any violation to the tow truck agreement, (3) any violation to the permit application, and (4) towing a vehicle to storage outside of the city limits. Mrs. Brysch stated that Target Towing violated three of the four options in the code regarding suspension. Additionally, Mrs. Brysch stated that Target Towing was not currently active and had been removed from the non-consent tow list, as they did not have a valid certificate of liability insurance on file in the City Clerk's office. During further discussion, an inquiry was made regarding if the City would have been responsible in the event an incident would have occurred while Mr. Pena was towing the vehicle. City Attorney, Ignacio Ramirez stated that the City would be liable, especially if the city was aware of the driver s violations and allowed that person to continue. An inquiry was made that if the officer on the scene was made aware of the towing company that would be of assistance and if it was a violation for another towing company to show up on the scene afterwards. Mrs. Brysch stated that the officer is aware of the towing company that is dispatched to the scene and that another towing company could not be within 500 feet of the scene if they were not called out to that scene. Mr. Ramirez also stated that a violation of the distance requirement was a criminal offense and the driver could be ticketed at the scene. Mayor DonCarlos extended to Mr. Niederhofer the opportunity to cross examine Mrs.

18 City Council Regular Meeting Minutes March 28, 2013 Page 14 of 17 Brysch. Mr. Niederhofer asked Mrs. Brysch, that if the meeting in which the penalties were accessed was the first meeting upon which this particular issue had been on the agenda. Mrs. Brysch stated that the time in which this particular issue was first on the agenda was in November, in which a hearing was scheduled for December 03, 2012, at which date the committee did not have quorum, therefore the meeting did not happen resulting in another meeting being scheduled for February 04, Mr. Niederhofer inquired of Mrs. Brysch if there was record to show whether or not Mr. Ahmad was there. Mrs. Brysch stated that there was no documentation because there wasn't a meeting held. During further discussion, there was an inquiry made to Mr. Niederhofer regarding the implying or belief of the harsh punishment was because of personal animosity. Mr. Niederhofer stated that at the December 3rd meeting, Mr. Ahmad signed in and was prepared to provide an explanation of his side of the story, but it didn't happen because there was no official meeting. Mr. Niederhofer stated that when he heard the report from the staff of Target Towing that there were comments that were made which could appear or at least to imply personal animosity, he felt constraint to mention it. During Mr. Ahmad's testimony he stated that he met Mr. Gerardo Pena (the Driver) for the first time in October and upon considering employing Mr. Pena, he (Mr. Pena) provided him (Mr. Ahmad) with a valid Texas driver's license and TDLR license. Mr. Ahmad stated that their procedure is to submit the driver's license number to the insurance carrier to them, in which he submitted to his liability insurance carrier and did not receive any notification from carrier that the driver was not insured. Mr. Ahmad stated that he became aware that Mr. Pena's license was suspended once he was arrested and was not aware of it prior to the arrest. He stated that he fired Mr. Pena after the second time he was arrested, October 22nd. Mr. Ahmad stated that if the suspension is upheld, his revenue loss would be in excess of $14,000 per month, which includes storage and may jeopardize the viability of his business. Mrs. Brysch asked Mr. Ahmad for clarification regarding whether or not he had checked Mr. Pena's driver's license upon hiring him. Mr. Ahmad stated that he received a call that it was clear to hire Mr. Pena and that Mr. Pena's driver's license and TDLR license is on file at his office in which he submitted to the insurance company via telephone. He stated that they are not required to check if a driver has warrants and that the insurance company is responsible for informing them of that and if they can't insure them. Mr. Ahmad stated that once the insurance company cleared Mr. Pena he began to work. Mr. Ahmad stated that his name is on the permit and he signed the contract for the company, but did not provide the city with the documentation of the driver which violates the contract resulting in the company not being in compliance. Mr. Ahmad stated that he understood that it was his responsibility to submit the paperwork to the city. During further discussion, an inquiry was made as to when Mr. Pena's license was suspended. Mrs. Brysch stated that the only information provided regarding Mr. Pena's license suspension is when he was arrested for a suspended license by Officer Tacito in October and then again in December. Mr. Ahmad stated that once they were aware of the issue in October, they discussed it with Mr. Pena and he explained that he had a surcharge that he was supposed to pay. Mr. Ahmad stated that Mr. Pena set up payment arrangements to pay the surcharge and the company paid it for him and they received something from the insurance company in writing that he was cleared

19 City Council Regular Meeting Minutes March 28, 2013 Page 15 of 17 so he was allowed to continue to work. Mr. Ahmad stated they were not aware that Mr. Pena defaulted on his payment arrangement until he was arrested for the second time resulting in him being terminated. Council Member Renteria stated that he felt that the owner was sincere in his statements and meant no harm or ill will to the City. He further stated that while he concurred with Council that there should be some punishment, it did not need be so severe as to put Mr. Ahmad s business in jeopardy. Mayor DonCarlos moved forward allowing for closing arguments. Mrs. Brysch stated that the penalty made by the Tow Truck Committee was with consideration regarding the health, safety, and welfare of the citizens of the community and in doing so sent a message to the entities that it is essential that they follow all guidelines of the contract agreed upon. Mr. Niederhofer stated that the appellant does not dispute the occurrence of the violations, but requested that the decision of the committee be modified so that a lesser penalty may be imposed. Mayor DonCarlos closed the appeal hearing at 8:20 P.M. b. Consider affirming, reversing or modifying the decision of the Tow Truck Committee ordering a 60-day suspension of Target Towing, owned by Anas Ahmad from the City of Baytown non-consent tow list for alleged violations(s) of the City of Baytown Code of Ordinance, Chapter 102, Article III. During discussion it was stated that the information regarding when Mr. Pena s license were suspended was available for the Council. Officer Lee Hendricks provided the information regarding when Mr. Pena's license were suspended and stated that the first suspension in which Mr. Pena was arrested on begin on March 01, 2010 and was lifted on 10/25/2012, three (3) days after his arrest on 10/22/2012. He stated that another suspension went into effect on 10/24/2012 and there are currently seven active suspensions on his record. A motion was made by Mayor Pro Tem Terry Sain and seconded by Council Member Robert C. Hoskins to affirm the decision of the Tow Truck Committee ordering a 60-day suspension of Target Towing, owned by Anas Ahmad from the City of Baytown non-consent tow list. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tem Terry Sain Nays: Council Member Mercedes Renteria III Other: Council Member Scott Sheley (Absent)

20 City Council Regular Meeting Minutes March 28, 2013 Page 16 of 17 Approved 8. MANAGER'S REPORT a. The 2013 Trash Off Baytown will take place on Saturday, April 6, 2013, from 9:00 A.M. to 2:00 P.M. City Manager Leiper presented the agenda item and stated that Trash Off Baytown would take place on April 06, Clean up will take place from 9 A.M. to 2 P.M. There will be four (4) drop off locations around the city: 1) Bay Plaza Parking Lot (2300 N. Alexander, at James Bowie); 2) Former St. Paul s Methodist Church (7915 Bayway Dr.); 3) Sterling High School (300 W. Baker Rd.); and 4) Bergeron Park (1684 Louisiana) This is the ONLY Tire drop-off site. b. Reminder that City Offices are closed on Friday, March 29, 2013, in observance of Good Friday. City Manager Leiper presented the agenda item and stated that City offices will be closed this Friday, March 29, 2013, in observance of Good Friday. He stated that regarding the bond sales, the GO's were below 3% and the Certificate of Obligations (CO's) was at 3.02%. City Manager Leiper stated that the 2013 warrant round-up from February 18 - March 10, 2013, results cleared more warrants, fines, and face values. Additionally, he stated that April 11th would be the last meeting in the Council Chamber before starting renovations at which the April 25th meeting and all meetings through June would be at Lee College, in Tucker Hall. He stated that all other meetings would be moved to the Hullum or the Community Conference rooms and the projected first Council meeting would be at City Hall on July 11th. 9. ADJOURN A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Robert C. Hoskins adjourning the March 28, 2013, City Council Regular Meeting. The vote was as follows:

21 City Council Regular Meeting Minutes March 28, 2013 Page 17 of 17 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 Other: Council Member Scott Sheley (Absent) Approved With there being no further business to discuss, Mayor DonCarlos adjourned the March 28, 2013, City Council Regular Meeting at 8:43 P.M. Leticia Brysch, City Clerk City of Baytown

22 BAYTOWN CITY COUNCIL MEETING 2. a. Meeting Date: 04/11/2013 Subject: Consider accepting a donation from Exxon Mobil in the amount of $50,000 for the Mayor's Summer Youth Work Program Prepared for: Bob Leiper Prepared by: Leticia Brysch, City Clerk's Office Department: City Management Information ITEM Consider a proposed resolution accepting a donation from Exxon Mobil Corporation in support of the Mayor's Summer Youth Work Program. PREFACE The proposed resolution accepts a $50,000 donation from Exxon Mobil Corporation in support of the Mayor's Summer Youth Work Program. This item supports the City's vision of a community of which we can all be proud. RECOMMENDATION Staff recommends approval. Attachments Resolution - ExxonMobil Summer Youth Work Program

23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING A DONATION IN THE AMOUNT OF FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) FROM EXXON MOBIL CORPORATION FOR THE MAYOR SUMMER YOUTH PROGRAM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************************************** BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby accepts a donation in the amount of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) from Exxon Mobil Corporation for the Mayor Summer Youth Program. Section 2: This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 11 th day of April, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Resolutions\2013\April 11\AcceptingDonation4SummerYouthProgram.doc

24 BAYTOWN CITY COUNCIL MEETING 2. b. Meeting Date: 04/11/2013 Subject: Consider Accepting Exxon Mobil Donation for Sterling Municipal Library. Prepared for: Katherine Brown Prepared by: Michelle Gorrell-Trent, Library Department: Library Information ITEM Consider a resolution accepting a donation from Exxon Mobil Corporation in support of the Children, Literacy, Reading and Cultural Enrichment Programs of Sterling Municipal Library. PREFACE This proposed resolution accepts a $15,500 donation from Exxon Mobil Corporation in support of the Children, Literacy, Reading and Cultural Enrichment Programs of Sterling Municipal Library. The funds are donated are proposed for such programs as follows: Science Materials (Primarily for Children) $5,500 Reading and Cultural Enrichment $10,000 This item supports the City's vision of a community of which we can all be proud. RECOMMENDATION Staff recommends approval. Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact (Additional Information): The $15,500 will be credited to a Special Revenue fund for the Library. Attachments Resolution - ExxonMobil Donation for Children Literacy Programs

25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING A DONATION IN THE AMOUNT OF FIFTEEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($15,500.00) FROM EXXON MOBIL CORPORATION IN SUPPORT OF THE CHILDREN, LITERACY, READING AND CULTURAL ENRICHMENT PROGRAMS OF STERLING MUNICIPAL LIBRARY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************************************** BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby accepts a donation in the amount of FIFTEEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($15,500.00) from Exxon Mobil Corporation in support of the Children, Literacy, Reading and Cultural Enrichment Programs of Sterling Municipal Library. Section 2: This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 11 th day of April, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Resolutions\2013\April 11\AcceptingDonation4ChildrenLiteracyReading&CulturalEnrichmentProgram.doc

26 BAYTOWN CITY COUNCIL MEETING 2. c. Meeting Date: 04/11/2013 Subject: Resolution: Accept Exxon Mobil Donation for Eddie V. Gray Wetlands Center and Baytown Nature Center - Parks and Recreation. Prepared for: Scott Johnson Prepared by: Scott Johnson, Parks and Recreation Department: Parks and Recreation Information ITEM Consider a resolution accepting an Exxon Mobil donation for the Eddie V. Gray Wetlands Education and Recreation Center's Wetlands Ecology Program and the Baytown Nature Center's Environmental Education Program. PREFACE This proposed resolution accepts a $60,000 contribution from Exxon Mobil supporting the Baytown Nature Center s Environmental Education Programs and the Eddie V. Gray Wetlands Education and Recreation Center s Wetlands Ecology Program. Each program will receive $30,000. The Baytown Nature Center s Environmental Education Program covers the annual cost to fund the BNC Naturalist, the BNC Assistant Naturalist, Tyke Hike, Senior Stroll, educational supplies, and interpretive signs. This is the 11th year of the funding of this program. The Naturalist and Assistant Naturalist provide an educational presence at BNC and have presented informative talks to several volunteer groups including safety presentations on venomous snakes and insects to industries and city departments. They also arranged several volunteer and Boy Scout projects at the BNC, and assist with the 5th and 7th grade programs at the Nature Center. The donation to the Eddie V. Gray Wetlands Education Center s Wetlands Ecology Program covers the annual costs to fund the 5th Grade Program, including personnel costs and educational supplies. The fund also is used to update and upgrade the exhibits in the Bob Craig Exhibit Hall s Wetlands Ecology Trail. This is the 14th year of the Wetlands Ecology Program at the Wetlands Center. Every 5th grader in Goose Creek CISD participates in the program each year. During the morning session the youth are taught about the wetlands and their benefits. After lunch the youth travel to the Baytown Nature Center where they experience firsthand what they learned at the Wetlands Center.

27 This item supports the City's vision of creating a community of which we can be proud. RECOMMENDATION Staff recommends approval. Fiscal Impact Fiscal Year: Acct Code: WC Source of Funds (Operating/Capital/Bonds): Donation Funds Budgeted Y/N: Y Amount Needed: Fiscal Impact (Additional Information): ExxonMobil donation of $30, to the Wetlands Center will be expended from account number WC (Fund 299-Wetlands Center Escrow) Fiscal Year: Acct Code: NC Source of Funds (Operating/Capital/Bonds): Donation Funds Budgeted Y/N: Y Amount Needed: Fiscal Impact (Additional Information): ExxonMobil donation of $30, to the Nature Center will be expended from account number NC (Fund 296-Baytown Nature Center) Attachments Resolution - ExxonMobil Donation for Wetlands

28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING A CONTRIBUTION FROM EXXON MOBIL CORPORATION IN THE AMOUNT OF SIXTY THOUSAND AND NO/100 DOLLARS ($60,000.00) SUPPORTING THE BAYTOWN NATURE CENTER S ENVIRONMENTAL EDUCATION PROGRAMS AND THE EDDIE V. GRAY WETLANDS EDUCATION AND RECREATION CENTER S WETLANDS ECOLOGY PROGRAM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************************************** BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby accepts a contribution from Exxon Mobil Corporation in the amount of SIXTY THOUSAND AND NO/100 DOLLARS ($60,000.00) supporting the Baytown Nature Center s Environmental Education Programs and the Eddie V. Gray Wetlands Education and Recreation Center s Wetlands Ecology Program. Section 2: This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 11 th day of April, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Resolutions\2013\April 11\AcceptingExxonDonation4Wetlands.doc

29 BAYTOWN CITY COUNCIL MEETING 2. d. Meeting Date: 04/11/2013 Subject: Recognition: 2013 Lone Star Recreation Programming Achievement Award. Prepared for: Scott Johnson Prepared by: Leticia Brysch, City Clerk's Office Department: Parks and Recreation Information ITEM The City of Baytown Parks and Recreation Department received the 2013 Lone Star Recreation Programming Achievement Award, Class III for the "Nurture Nature Series" program. PREFACE The City of Baytown Parks and Recreation Department received the 2013 Lone Star Recreation Programming Achievement Award, Class III for the "Nurture Nature Series" program. Staff received the award at the Texas Recreation and Park Society (TRAPS) Institute and Expo in Lubbock, Texas, on March 7, The year-long Nurture Nature Series, is a FREE workshop held monthly at the Baytown Nature Center, invites both adults and children to learn about nature themed topics in a small group, hands-on environment. The series culminates with the Nurture Nature Festival, a FREE day-long event that invites visitors to learn more about the plants and animals of Texas and the Gulf Coast region. Both the monthly series and the annual festival used local experts to present nature topics. Participants at the monthly series learned about such varied topics as Wildlife Photography, Geo-caching, Kayaking, Bird-watching, Wildlife Rehabilitation, Insects, Reptiles, Fishing, Art in Nature, Green Animals, and Creepy Critters. During the Nurture Nature Festival, local experts from both Crocodile Encounter and Texas Snakes and More were guest speakers, and exhibitors from the state, county, and local environmental education communities manned booths to educate the public on watersheds, nature centers, kayak fishing, wildlife, angler education, coral reefs and marine sanctuaries. Visitors also had fun catching live catfish, playing on the giant alligator inflatable and obstacle courses, digging for treasure in the coastal artifact dig, and looking for birds and other wildlife on guided nature tours. RECOMMENDATION

30 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. TRAPS Press Release Award Photo Attachments

31 March 13, 2013 CONTACT: Michal Anne Lord or Kristen McLaughlin Texas Recreation and Park Society (512) Fax: (512) FOR IMMEDIATE RELEASE LUBBOCK The City of Baytown was awarded the Lone Star Programming Achievement Class III Award from the Texas Recreation and Park Society (TRAPS) at the 2013 TRAPS Institute & EXPO Annual Awards Dinner March 7 at the Lubbock Memorial Civic Center in Lubbock. The Lone Star Award Programming Achievement Award is presented for the best new first-time recreation programs in five population categories. Baytown won the Class III Award for populations between 50,001 and 100,000. The award was given in recognition of the Nurture Nature Series, a free workshop held monthly at the Baytown Nature Center. Local experts served as speakers and exhibitors worked at booths, with the goal to educate the public about watersheds, nature centers, kayak fishing, coral reefs and more. The purpose of the series was to offer fun and educational workshops to help foster responsible stewardship through awareness of nature and all it has to offer. The series includes the Nurture Nature festival, which is a FREE day-long event where attendees learn about the plants and animals of Texas and the Gulf Coast region. The Nurture Nature Series meets a need that has been demonstrated through continued requests for educational programs. Scout groups, senior groups, preschools, local social clubs and other groups have all expressed interest in attending regularly scheduled environmental education programs. More than 1,000 community members participated in the program. ### The Texas Recreation and Park Society (TRAPS) is a nonprofit 501(c)3 educational and professional organization committed to advancing the field of parks, recreation and leisure services in Texas. There are approximately 2,000 professional and citizen-advocate members of the Texas Recreation and Park Society. For more information, visit

32

33 BAYTOWN CITY COUNCIL MEETING 2. e. Meeting Date: 04/11/2013 Subject: Presentation: rd and 4th of July Celebration. Prepared for: Scott Johnson Prepared by: Scott Johnson, Parks and Recreation Department: Parks and Recreation Information ITEM Present the 3rd and 4th of July Celebration schedule and entertainment for PREFACE The Parks and Recreation Department is proud to announce the schedule and entertainment line up for this year's 3rd and 4th of July Celebration. This year's event will begin rocking at 6:00 p.m., Wednesday, July 3rd; with Houston area band "Molly and the Ringwalds". The headliner for the evening, rock and roll legend Eddie Money, will take center stage at 8:00 p.m. Due to the intense heat during the afternoon, the start of the annual festival will begin at 4:30 p.m. with the opening of the vendor booths followed by the Annual 4th of July Parade at 5:30 p.m. The parade will start on Market Street and turn onto Lee Drive. Local musician "Breelan Angel" will kick off the entertainment at 4:30. The parade will be followed by country music legend, "Johnny Lee" at 6:00 p.m. Traditional July 4th Ceremonies will be at 7:45 p.m. This year s Headliner, Texas country music stars, The Randy Rogers Band, will take the stage at 8:00 p.m. followed by the Annual Fireworks Extravaganza at 9:30 p.m. The fireworks will be accompanied with patriotic music by DJ Mike. RECOMMENDATION Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Fiscal Impact

34 Funds Budgeted Y/N: Amount Needed: Fiscal Impact (Additional Information): There is no fiscal impact associated with this agenda item. Schedule of Events Attachments

35 2013 BAYTOWN JULY 4 TH BICENTENNIAL PARK 1001 MARKET STREET TWO DAYS OF FREE ENTERTAINMENT! WEDNESDAY, JULY 3 RD 6:00 7:30 PM MOLLY AND THE RINGWALDS 8:00 9:30 PM EDDIE MONEY THURSDAY, JULY 4 TH 4:30 5:30 PM BREELAN ANGEL 5:30 6:00 PM 4 th of July Parade 6:00 7:30 PM JOHNNY LEE 7:45 8:00 PM 4 th of July Ceremony 8:00 9:30 PM THE RANDY ROGERS BAND 9:30 10:00 PM Fireworks Extravaganza featuring music by DJ Mike 10:00 PM Event Ends VENDOR BOOTH SPACES ARE AVAILABLE FOR PURCHASE FOR CRAFTS, GAMES AND FOOD! PLEASE CALL BAYTOWN PARKS & RECREATION AT (281) OR VISIT OUR WEBSITE AT BICENTENNIAL PARK IS LOCATED AT THE CORNER OF MARKET STREET & LEE DRIVE IN BAYTOWN. EASILY ACCESSIBLE FROM STATE HIGHWAY 146, TEXAS AVENUE EXIT, AND FROM INTERSTATE 10, SPUR 330 EXIT. AMPLE PARKING IS AVAILABLE AT LEE COLLEGE AND OTHER NEARBY FACILITIES.

36 BAYTOWN CITY COUNCIL MEETING 2. f. Meeting Date: 04/11/2013 Subject: Present a Proclamation designating April 14-20, 2013 as National Public Safety Telecommunications Week. Prepared for: Nick Woolery Prepared by: Rachel Philo, Administration Department: Administration Information ITEM Present a proclamation designating April 14-20, 2013, as National Public Safety Telecommunications Week. PREFACE National Public Safety Telecommunications Week is designated as a time when citizens can thank public safety men and women who respond to emergency calls and dispatch emergency professionals and equipment during times of crisis. Americans can show gratitude to call takers, dispatchers, technicians that maintain radio and emergency phone systems, communications staff trainers, communications center personnel, and other public safety telecommunications staff across the country who work tirelessly, often behind the scenes, to help you during emergencies. RECOMMENDATION Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact (Additional Information): There is no fiscal impact. Fiscal Impact

37 BAYTOWN CITY COUNCIL MEETING 2. g. Meeting Date: 04/11/2013 Subject: Present a Proclamation designating April 14-20, 2013, as National Library Week. Prepared for: Nick Woolery Prepared by: Rachel Philo, Administration Department: Administration Information ITEM Present a proclamation designating April 14-20, 2013, as National Library Week. PREFACE Today s libraries can help you and your family discover a new and exciting world through collections, digital resources and more. Whether you come for homework or job searches, help with citizenship issues or finances, adult education classes or to find the best books for young readers, libraries are a great place to spend quality time and connect with loved ones and friends. RECOMMENDATION

38 BAYTOWN CITY COUNCIL MEETING 2. h. Meeting Date: 04/11/2013 Subject: Present a Proclamation designating April as National Safe Digging Month. Prepared for: Nick Woolery Prepared by: Rachel Philo, Administration Department: Administration Information ITEM Present a proclamation designating April as National Safe Digging Month. PREFACE Building a deck? Planting a tree? Installing a mailbox? 811 is the number you should call before you begin any digging project. 811, a federally-mandated national "Call Before You Dig" number, was created to help protect you from unintentionally hitting underground utility lines while working on digging projects. People digging often make risky assumptions about whether or not they should get their utility lines marked due to concerns about project delays, costs and previous calls about other projects. These assumptions can be life-threatening. Every digging job requires a call even small projects like planting trees or shrubs. If you hit an underground utility line while digging, you can harm yourself or those around you, disrupt service to an entire neighborhood and potentially be responsible for fines and repair costs. RECOMMENDATION

39 BAYTOWN CITY COUNCIL MEETING 3. a. Meeting Date: 04/11/2013 Subject: Consider the First Reading of Annexation of Approximately Acres. Prepared for: Kelly Carpenter Prepared by: Tiffany Foster, Planning and Development Services Department: Planning and Development Services Information ITEM Consider an ordinance of the first reading of the annexation of approximately acres located along the south I-10 feeder road approximately 2,000 feet west of State Highway 146. PREFACE This proposed ordinance is the first reading for the annexation of property located along the south I-10 feeder road approximately 2,000 feet west of State Highway 146, legally known as a portion of land out of the William Bloodgood League Survey, A-4, Chambers County, Texas. On February 14, 2013, the City Council approved a resolution granting the petition from Ryan and Chad Fitzgerald for voluntary annexation of approximately acres. The land is currently vacant and the petitioners plan to develop a recreational vehicle park and several commercial out-parcels on the property. This annexation is required in order to extend the necessary utilities to the site. City Council directed staff to complete a Service Plan, which was completed on February 21, Notice of the first and second public hearings was published in the February 24, 2013, issue of the Baytown Sun and posted on the City of Baytown's notice boards and website on February 21, The first and second public hearings were held at the March 14, 2013, City Council meeting. The second reading of the ordinance and completion of annexation proceedings is scheduled for May 23, A map is included in the packet showing the location of the property. This proposed development supports the Council's vision of encouraging and increasing greenfield development. RECOMMENDATION Staff recommends approval. Fiscal Year: Acct Code: Fiscal Impact

40 Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact (Additional Information): There is no fiscal impact associated with this item at this time. Map Ordinance - Annexation of 10+ acres Exhibit A - Metes and Bounds Exhibit B - Service Plan Attachments

41 PROPOSED ANNEXATION OF ACRES LOCATED ALONG INTERSTATE 10 WEST OF SH 146. INTERSTATE HIGHWAY 10 PROPOSED ANNEXATION AREA STATE HIGHWAY 146 Legend ,000 Feet 1:5,000 Revised: 5-February-2013 by Andrew Allemand Chambers2012 City Limits

42 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF APPROXIMATELY ACRES LOCATED ALONG THE SOUTH I-10 FEEDER ROAD APPROXIMATELY 2,000 FEET WEST OF STATE HIGHWAY 146, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. ************************************************************************************* WHEREAS, there being no request for an "on-site" hearing, two public hearings before the City Council of the City of Baytown, Texas, where all interested persons were provided with an opportunity to be heard on the proposed annexation of the property described in Section 1 of this ordinance, were held, during the City Council meeting on the 14 th day of March, 2013, in the City Council Chamber of the City Hall of the City of Baytown, Texas, which date is not more than forty (40) nor less than twenty (20) days prior to the institution of annexation proceedings; and WHEREAS, notices of the first and second public hearings were published in a newspaper having general circulation in the City of Baytown, Texas, and in the below described territories on the 24 th day of February, 2013, which date is not more than twenty (20) nor less than ten (10) days prior to the date of such public hearings; and WHEREAS, notice of the first and second public hearings were posted on the City of Baytown s notice board and website on the 21 st day of February, 2013, which date is not more than twenty (20) nor less than ten (10) days prior to the dates of the public hearings; and WHEREAS, each notice posted on the City of Baytown s notice board and website remained posted until the date of the hearing referenced in the notice; and WHEREAS, the total corporate area of the City of Baytown, Texas, on the 1st day of January, 2013, was square miles; and and WHEREAS, the population of the City of Baytown, Texas, is approximately 72,876 inhabitants; WHEREAS, the below-described property lies within the extraterritorial jurisdiction of the City of Baytown, Texas; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the following described land and territories lying adjacent to and adjoining the City of Baytown are hereby added and annexed to the City of Baytown, Texas, and shall hereinafter be included within the boundary limits of the City of Baytown, Texas, and present boundary limits of such City, at the various points contiguous to the areas hereinafter described, are altered and amended so as to include said areas within the corporate limits of the City of Baytown, Texas, to-wit: SEE EXHIBIT "A" Section 2: The above described territories and the areas so annexed shall be a part of the City of Baytown, Texas, and the property so added hereby shall bear its pro rata of the taxes levied by the City of Baytown, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens of the City of Baytown and shall be bound by the acts, ordinances, resolutions, and regulations of the City of Baytown, Texas. Section 3: In accordance with Texas Local Government Code Annotated , as amended, the service plan prepared by the City for providing municipal services to the annexed areas is

43 hereby approved and is attached hereto as Exhibit B, and is incorporated herein by this reference for all intents and purposes. Section 4: This ordinance shall be published and passed in the manner provided in Article 1, Section 9, of the Charter of the City of Baytown, Texas. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 11 th day of April, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney INTRODUCED, READ and PASSED on the SECOND AND FINAL READING this the 23 rd day of May, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Ordinances\2013\April 11\Annexationof10.01Acres.doc 2

44 Exhibit "A" STATE OF TEXAS) COUNTY OF CHAMBERS) FIELD NOTES of a acre tract of land situated in the William Bloodgood League, Abstract No. 4, Chambers County, Texas, being out of and a part of acres conveyed to John D. Fitzgerald, et al, by James Jennische by deed dated December 11, 1975, and recorded in Volume 376 at Page 426 of the Deed Records of Chambers County, Texas, and a acre tract of land conveyed to John M. Fitzgerald Family Trust by Mable M. Fitzgerald, et al, by deed dated January 5, 1996, and recorded in Volume 303 at Page 70 of the Official Public Records of Chambers County, Texas. This acre tract is more particularly described by metes and bounds as follows, to-wit: NOTE: BEARINGS ARE BASED ON DEED BEARINGS AND FOUND MONUMENTS IN THE EAST LINE OF A ACRE EASEMENT CONVEYED TO HOUSTON LIGHTING AND POWER COMPANY BY ELDA E. FITZGERALD, ET AL, BY DEED DATED SEPTEMBER 14, 1968, AND RECORDED IN VOLUME 302 AT PAGE 124 OF THE DEED RECORDS OF CHAMBERS COUNTY, TEXAS, AND A ACRE TRACT OF LAND CONVEYED TO HOUSTON LIGHTING AND POWER COMPANY BY JOHN M. FITZGERALD, ET UX, BY DEED DATED MARCH 26, 1969, AND RECORDED IN VOLUME 305 AT PAGE 252 OF THE DEED RECORDS OF CHAMBERS COUNTY, TEXAS. REFERENCE IS MADE TO PLAT OF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION. COMMENCING at a H.L.& P. disc found for the Northeast corner of said acre easement, in the North line of said acres, and in a curve in the South right of way line of Interstate 10, 300 foot wide right of way. THENCE in an Easterly direction with the North line of said acres, the South line of I-10, and said curve to the left, having a central angle of , a radius of feet, an arc length of feet, and a chord bearing and distance of North East feet to a ½ inch iron rod set for the Northwest corner and PLACE OF BEGINNING of this tract of land. THENCE in an Easterly direction with the North line of this tract of land, the North line of said acres, the South line of I-10, and said curve to the left, having a central angle of , a radius of feet, an arc length of feet, and a chord bearing and distance of North East feet to a ½ inch iron rod set for the Northeast corner of this tract of land. THENCE South West with an East line of this tract of land, over and across said acres, at a distance of feet set a ½ inch iron rod on line, in all a total distance of feet to a point in the centerline of a gully for an angle corner of this tract of land. PAGE NO ACRES

45 THENCE in an Easterly direction with the North lines of this tract of land, and the centerline of said gully the following courses: North East, feet; South East, feet; South East, feet; South East, feet; North East, feet; South East, feet; South East, feet to a point for the most Southerly Northeast corner of this tract of land. THENCE South West with an East line of this tract of land, at a distance of feet set a ½ inch iron rod on line, in all a total distance of feet to a ½ inch iron rod set for the Southeast corner of this tract of land. THENCE North West with the South line of this tract of land a distance of feet to a ½ inch iron rod set for the Southwest corner of this tract of land. THENCE North East with the West line of this tract of land, over and across said acres and acres a distance of feet to the PLACE OF BEGINNING, containing within said boundaries acres of land, more or less. SURVEYED: August, SURVEYOR S CERTIFICATE I, Michael W. Chandler, Reg. Professional Land Surveyor Number 5292 do hereby certify that the foregoing field notes were prepared from an actual survey made on the ground under my supervision on the date shown and that all lines, boundaries and landmarks are accurately described therein. WITNESS my hand and seal at Mont Belvieu, Texas, this the 20th., day of August, A.D., REG. PROFESSIONAL LAND SURVEYOR NO FDN

46 Exhibit "B" February 22, 2013 SUMMARY Proposed annexation: ETJ, annexation of property approximately acres located on the south side of the I-10 feeder road west of State Highway 146, located in the William Bloodgood League Survey, Abstract 4, Chambers County, Texas. Existing Land Use: Vacant Service Impact resulting from annexation: Fire Department: same level of services as to other developments in similar area. Fire Response Time for receipt of call until 1 st due company arrival is 6 minutes 12 seconds. Time exceeding 10 minutes significantly increases fire spread and decreases rescue, fire control, and property conservation measures. To improve the service delivery performance annexation area, initial investment for constructing new building, equipment and personnel: $3,892,000; recurring cost: $1,105,805. Assigned to Fire Station 6. Police Department: Without personnel increase, additional land area increases response times to existing City of Baytown citizens and businesses. Assigned to Police District 5. Health/Emergency Medical Services Department indicates that the continued incremental annexations of property combined with the increased demands of service from citizens have caused a complete saturation of staff s capacity to provide service. To continue to provide the same level of services to any additional annexations, without reducing the services to existing citizens, additional personnel in Environmental Health and Neighborhood Protection at a cost of approximately $150,000 will be needed. (See attached Service Plan). Building indicates that the added area will increase the workload of inspections for new construction, remodel, additions and repairs requiring inspections. The amount of time it entails to meet the daily requirements for inspections could increase with the development of each addition of land area and could necessitate the addition of employees as well as the vehicular requirement to meet those needs. Parks and Recreation, Engineering, and Public Works Departments: No additional impact. Means of Accomplishment: Annexation will be accomplished from existing city limit line. Public Input: Public hearings are scheduled for March 14, 2013.

47 BAYTOWN CITY COUNCIL MEETING 3. b. Meeting Date: 04/11/2013 Subject: Consider Awarding a Construction Contract for Ferry Road Sanitary Sewer Improvement Project. Prepared for: Jose Pastrana Prepared by: Linda Newsted, Engineering Department: Engineering Information ITEM Consider an ordinance awarding a construction contract to Angel Brothers Enterprises, LTD for the Ferry Road Sanitary Sewer Improvement Project. PREFACE This proposed ordinance awards a construction contract to Angel Brothers Enterprises, LTD, for the construction of the Ferry Road Sanitary Sewer Improvement Project, in the amount of $634,003.00, which includes the base bid and alternates 1, 3, 5, 6, 7, 8, and 9 together with a $45,000 owner's contingency. The project scope consists of providing the necessary labor, materials, equipment and supervision to install approximately 1,950 linear feet of 8-inch gravity sanitary sewer, 1,050 linear feet of 12-inch gravity sewer, abandon approximately 3,700 linear feet of existing 36-inch, and approximately 700 linear fee of existing eight-inch (8") gravity sanitary sewers and manholes, which includes plugging and filling with flowable fill, install a new lift station and force main to serve the church located along Ferry Road, and relocate existing sanitary sewer service leads to the new gravity sanitary sewer lines. The scope also includes modifications to the Cedar Bayou Lift Station, Raccoon Lift Station, and East District Wastewater Treatment Plant SCADA controls. Four (4) bids were received and publicly opened on April 4, 2013, at 2:00 p.m. in the City Council Chambers. This project supports the City of Baytown s Infrastructure Maintenance and Improvement vision by improving the level of services and infrastructure. RECOMMENDATION Staff recommends approval. Fiscal Year: Fiscal Impact

48 Acct Code: Source of Funds (Operating/Capital/Bonds): CIPF & CO Interest Funds Budgeted Y/N: Amount Needed: $634, Fiscal Impact (Additional Information): Attachments Ordinance - Ferry Road Sanitary Sewer Improvement Project Site Map Indebtedness Certification

49 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH ANGEL BROTHERS ENTERPRISES, LTD, FOR THE FERRY ROAD SANITARY SEWER IMPROVEMENT PROJECT; AUTHORIZING PAYMENT OF A SUM OF SIX HUNDRED THIRTY-FOUR THOUSAND THREE AND NO/100 DOLLARS ($634,003.00), INCLUSIVE OF A FORTY-FIVE THOUSAND AND NO/100 DOLLARS ($45,000.00) OWNER S CONTINGENCY; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ******************************************************************************************** WHEREAS, the City Council of the City of Baytown did advertise for bids for the Ferry Road Sanitary Sewer Improvement Project to be received on April 4, 2013; and WHEREAS, notice to bidders as to the time and place, when and where the bids would be publicly opened and read aloud was published pursuant to provisions of Texas Local Government Code Annotated ; and WHEREAS, all bids were opened and publicly read at City Hall at 2:00 o'clock p.m., Tuesday, April 4, 2013, as per published notice to bidders; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown hereby accepts the bid of Angel Brothers Enterprises, LTD, for the new Ferry Road Sanitary Sewer Improvement Project according to the plans and specifications set forth by the City s engineer for the base bid alternates 1, 3, 5, 6, 7, 8, and 9, and a FORTY-FIVE THOUSAND AND NO/100 DOLLARS ($45,000.00) owner s contingency and authorizes payment of an amount of SIX HUNDRED THIRTY-FOUR THOUSAND THREE AND NO/100 DOLLARS ($634,003.00); based upon the unit prices specified in the bid, and the City Manager and the City Clerk of the City are hereby authorized and directed to execute and attest to a contract with Angel Brothers Enterprises, LTD, for the above-described project, said contract containing the plans, specifications, and requirements of the City s engineer and appropriate bond requirements in accordance with the provisions of Texas Government Code, Chapter 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 specified in Section 1 hereof may not be increased by more than twenty-five percent (25%) including the contingency increase authorized in Section 2 hereof 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 April, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney \\cobfs01\legal\karen\files\city Council\Ordinances\2013\April 11\AwardFerryRoadSanitarySewerImprovementProject.doc

50

51

52

53 BAYTOWN CITY COUNCIL MEETING 3. c. Meeting Date: 04/11/2013 Subject: Consider Authorizing the 2013 Mayor and ExxonMobil Summer Youth Work Program. Prepared for: Bob Leiper Prepared by: Leticia Brysch, City Clerk's Office Department: City Management Information ITEM Consider an ordinance authorizing the 2013 Mayor and ExxonMobil Summer Youth Work Program. PREFACE The Mayor and ExxonMobil Summer Youth Work Program is designed to foster leadership and team-building in at-risk youth who attend school and/or live in the Goose Creek Consolidated Independent School District area. Over the past six years, the Program has served over 150 students, who have worked in various departments throughout the City assisting with typing, filing, shredding, cleaning public areas, painting, mowing, weed eating, landscaping and performing various other assignments. The goal of the Program is to help reduce the high school dropout rate by providing educational support to students years old by exposing them to many career opportunities and encouraging them to graduate high school and continue their education at the junior college or university level. Of the 150 students served over the past six years, 65% have graduated high school and continued to college. Of the 65%, 48% attended or are currently enrolled at Lee College. The success of the Program is largely due to the strong partnerships between the City of Baytown, ExxonMobil, Lee College, Chevron-Phillips, Bayer, YMCA, Communities in Schools and various other local businesses and community leaders who support and are committed to our youth. This year we propose to employ students. The Program dates are June 17 - August 9, The cost of the Program will be provided solely through donations and is not expected not to exceed $100,000. No City funds will be used to support this program. This item supports the City's vision of creating a community of which we can all be proud. RECOMMENDATION Staff recommends approval.

54 Fiscal Impact Fiscal Year: FY 13 Acct Code: Source of Funds (Operating/Capital/Bonds): Donations Funds Budgeted Y/N: Y Amount Needed: $100,000. Fiscal Impact (Additional Information): All funding will be provided by donations. Attachments Ordinance - Mayor & ExxonMobil Summer Youth Work Program

55 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE MAYOR AND EXXONMOBIL SUMMER YOUTH WORK PROGRAM; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ******************************************************************************************** WHEREAS, the Mayor s Summer Youth Work Program was re-created by Council as a pilot program in April of 2006; and WHEREAS, over the past six (6) years the Mayor and ExxonMobil Summer Youth Work Program (the Program ) has served over 150 students who have worked in various departments assisting with typing, filing, shredding, cleaning public areas, painting, traffic, public works, administrative support and various other assignments; and WHEREAS, in 2013, the City is expected to employ through the Program 25 youth between the ages of years old who reside in the Goose Creek Consolidated Independent School District area; and WHEREAS, the students selected for participation\ in the Program will begin work on Monday, June 17, 2013, and will be assigned to various departments to perform various non-hazardous jobs; and WHEREAS, the City Council of the City of Baytown believes the Program will be most beneficial to the youth of the Baytown area as well as to all citizens 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 authorizes the Mayor and ExxonMobil Summer Youth Work Program for the summer of Section 2: That the City Council of the City of Baytown authorizes funds in an amount not to exceed ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00) for the Program authorized in Section 1 hereinabove. Section 3: That the City Manager is hereby granted general authority to approve any Program changes involving a decrease or an increase in costs of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) or less; however, the original amount herein authorized may not be increased by more than twenty-five percent (25%). Section 4: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 11 th day of April, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Council Meeting PDF's\2013\April 11\MayorsSummerYouthProgram.doc

56 BAYTOWN CITY COUNCIL MEETING 4. a. Meeting Date: 04/11/2013 Subject: Consider Authorizing the Continuation of General Victim Assistance Grant. Prepared for: Keith Dougherty Prepared by: Leasa Lopez, Grants Department: Police Information ITEM Consider a resolution authorizing the City to submit a continuation grant application for the Police Department in response to the General Victim Assistance - Direct Services Programs Solicitation from the Criminal Justice Division (CJD) of the Texas Governor's Office through the Houston-Galveston Area Council (H-GAC) to fund one full-time Victim Services Program Coordinator and one full-time Case Worker. PREFACE This proposed resolution authorizes the City to submit a continuation Victim Services Project application for the Police Department in response to the General Victim Assistance - Direct Services Programs Solicitation from the Criminal Justice Division (CJD) of the Texas Governor's Office through the Houston-Galveston Area Council (H-GAC) for the FY 2014 period. The specific program will be decided by the State and will fall under the Federal General Victim Assistance Grant which provides funding for services to victims of crime. CJD funds have been in use by the City of Baytown for the past 13 years to fund one full-time Victim Services Program Coordinator/Case Manager. The expansion Case Worker position was approved to be added in FY2012. The Coordinator/Case Manager is responsible for the administration of the program, supervising current and future expansions of victim service programs, and providing direct services to victims. The expansion case-worker position allows an increase in the number of services provided, and an increase in the number of victims who are receiving those services in the City of Baytown. The Program Coordinator position is overseen by the Police Department, and the Case Worker is supervised by the Victim Services Program Coordinator/Case Manager. The City commits to a 20% local match which is available in the Police Department's General Fund Budget. The City agrees that in the event of loss or misuse of the CJD funds, the City will return such funds to the CJD. The City Manager will serve as the authorized official with the authority to apply for, accept, reject, alter, or terminate the grant. Grant Funds 80% $125,554 City Match 20% $31,389

57 Project Total 100% $156,943 This competitive formula grant program and application are consistent with the City's vision to be a community that places a high premium on the safety of its citizens. RECOMMENDATION Staff recommends approval. Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Operating Funds Budgeted Y/N: Amount Needed: $31,389. Fiscal Impact (Additional Information): This grant is funded with 80% grant funds and 20% city matching funds. The cash match will be supplied by the General Fund. Attachments Resolution - Continuation of General Victim Assistance Grant

58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO SUBMIT A CONTINUATION GRANT APPLICATION FOR THE POLICE DEPARTMENT IN RESPONSE TO THE GENERAL VICTIM ASSISTANCE DIRECT SERVICES PROGRAMS SOLICITATION FROM THE CRIMINAL JUSTICE DIVISION (CJD) OF THE TEXAS GOVERNOR'S OFFICE THROUGH THE HOUSTON-GALVESTON AREA COUNCIL (H-GAC) FOR FY 2014 PERIOD; AUTHORIZING A CASH MATCH IN AN AMOUNT NOT TO EXCEED THIRTY-ONE THOUSAND THREE HUNDRED EIGHTY-NINE AND NO/100 DOLLARS ($31,389.00); DESIGNATING AN AUTHORIZED REPRESENTATIVE; ASSURING PROPER USE AND MAINTENANCE OF GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************************************** WHEREAS, the City of Baytown (the City ) desires to continue its program for services to persons who are victims of crime; and WHEREAS, the specific program will be decided by the State and will fall under the Federal General Victim Assistance Grant which provides funding for services to victims of crime; and WHEREAS, these grant funds have been in use by the City of Baytown for the past 13 years to fund one full-time Victim Services Program Coordinator/Case Manager; and the expansion Case Worker position was approved in FY 2012; and WHEREAS, the Coordinator/Case Manager is responsible for the administration of the program, supervising current and future expansions of victim service programs, and providing direct services to victims; and WHEREAS, the expansion case-worker position allows an increase in the number of services provided, and an increase in the number of victims who are receiving those services in the City of Baytown; and WHEREAS, if approved, the continuation expansion project will fund the abovereferenced positions, which will allow an increase in the number of services provided, and an increase in the number of victims who are receiving those services in the City of Baytown; and WHEREAS, the City Council of the City of Baytown, Texas (the City Council ) finds it in the best interest of the citizens of Baytown that the Family Violence Counseling/Victim Services be operated for the Fiscal Year 2014; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:

59 Section 1: That the City Manager of the City of Baytown is hereby authorized to submit a continuation grant application for the Police Department in response to the General Victim Assistance - Direct Services Programs Solicitation from the Criminal Justice Division (CJD) of the Texas Governor's Office through the Houston-Galveston Area Council (H-GAC) for the FY 2014 period. Section 2: That pursuant to the terms of the grant referenced in Section 1 hereof, the City Council of the City of Baytown hereby authorizes a cash match in an amount not to exceed THIRTY-ONE THOUSAND THREE HUNDRED EIGHTY-NINE AND NO/100 DOLLARS ($31,389.00) for the Family Violence Counseling/Victim Services Project as required by the grant application. Section 3: 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 4: That in the event of loss or misuse of the Criminal Justice Division 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 5: This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this 11 th day of April, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Resolutions\2013\April 11\Grant4PDforVictimsofCrimeActContinuedFunding.doc 2

60 BAYTOWN CITY COUNCIL MEETING 5. a. Meeting Date: 04/11/2013 Subject: Consider Authorizing a License Agreement with Quick Deal Enterprises, Inc., for Irrigation for the Gateway Monument Project Prepared for: Scott Johnson Prepared by: Karen Horner, Legal Department: Parks and Recreation Information ITEM Consider an ordinance authorizing a license agreement with Quick Deal Enterprises, Inc., for the irrigation of the Gateway Monument Project. PREFACE This proposed ordinance authorizes a license agreement with Quick Deal Enterprises, Inc., for the irrigation of the Gateway Monument Project. As part of the Gateway Monument Project, the City desires to landscape around the monument. However, the site where the monument is to be located is not served with water for the irrigation of the landscape materials. Quick Deal owns property near the monument site and is willing to allow the City to install lines and facilities necessary for the City to obtain water for irrigation purposes from its private well. This license agreement establishes the terms and conditions by which City may install lines and facilities and obtain water from Quick Deal's property. The license agreement conveys an interest in the property which runs with the land. Generally, the agreement: 1. allows the City to install irrigation lines, a meter, and other appurtenances necessary to obtain water from the private well; 2. requires the City to restore the surface of the property where its facilities are installed; 3. obligates the City to pay the gallonage charge for nonresidential service of water used for irrigation of the gateway monument; 4. provides that the City must notify Quick Deal before performing any construction activities on its property; 5. prohibits Quick Deal from granting easements which may interfere with the City's use of its property as described in the agreement; and 6. requires Quick Deal to restrict access to that portion of its property when irrigation improvements are being installed, repaired or maintained by the City. This item supports the City's vision of creating a community of which we can all be proud by improving the appearance of the City of Baytown, creating beautiful streets, and creating a "sense of place."

61 RECOMMENDATION Staff recommends approval. Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Operating Funds Budgeted Y/N: Amount Needed: > $100 per month Fiscal Impact (Additional Information): Attachments Ordinance - License Agreement for Gateway Monument Project Exhibit A - License Agreement for Gateway Monument Project

62 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO ATTEST TO A LICENSE AGREEMENT WITH QUICK DEAL ENTERPRISES, INC., FOR THE IRRIGATION OF THE GATEWAY MONUMENT 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 License Agreement with Quick Deal Enterprises, Inc., for the irrigation of the Gateway Monument 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 April, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Ordinances\2013\April 11\LicenseAgreement4GatewayMonumentProject.doc

63 Exhibit "A"

64

65

66

67

68

69 BAYTOWN CITY COUNCIL MEETING 5. b. Meeting Date: 04/11/2013 Subject: Consider Authorizing an Letter Agreement with John M. Fitzgerald Family Trust Prepared for: Jose Pastrana Prepared by: Linda Newsted, Engineering Department: Engineering Information ITEM Consider an ordinance authorizing a letter agreement with John M. Fitzgerald Family Trust regarding the conveyance of an easement to the City in exchange for the maintenance of a four-inch force main to be located in public rights-of-way. PREFACE This proposed ordinance authorizes a letter agreement with John M. Fitzgerald Family Trust (the "Trust") regarding the conveyance of an easement to the City in exchange for the maintenance of a four-inch force main to be located in public rights-of-way. Generally, the agreement provides as follows: 1. within one year, the Trust will construct, in accordance with plans and specifications approved by the City Engineer, a 4-inch force main in the I-10 and Highway 146 rights-of-way to connect the owner's property with the City's lift station; 2. as consideration for the utility easement to be conveyed by the Trust and after the approval of the Trust's construction of the force main by the City Engineer, the City will assume maintenance and replacement responsibilities; 3. the Owner will convey a 1100' x 20' utility easement to the City within 30 days of receipt of a copy of a survey of the easement to be obtained by the City; and 4. the City must commence and diligently pursue construction of a waterline within the easement within five (5) years after the conveyance or the easement reverts back to the Trust upon request. This item supports the City's Infrastructure Maintenance and Improvement vision by providing adequate utilities. RECOMMENDATION Staff recommends approval. Fiscal Impact

70 Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact (Additional Information): There is no fiscal impact associated with this item. Site Map Ordinance - Fitzgerald Letter Agreement Exhibit A - Fitzgerald Letter Agreement Attachments

71

72 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER AGREEMENT WITH JOHN M. FITZGERALD FAMILY TRUST REGARDING THE CONVEYANCE OF AN EASEMENT TO THE CITY IN EXCHANGE FOR THE MAINTENANCE OF A FOUR-INCH FORCE MAIN TO BE LOCATED IN PUBLIC RIGHTS-OF-WAY; 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 a letter agreement with John M. Fitzgerald Family Trust regarding the conveyance of an easement to the City in exchange for the maintenance of a four-inch force main to be located in public rights-of-way. 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 April, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Ordinances\2013\April 11\FitzgeraldFamilyTrustLetterAgreement.doc

73 Exhibit "A"

74

75

76

77

78 BAYTOWN CITY COUNCIL MEETING 5. c. Meeting Date: 04/11/2013 Subject: Consider Authorizing the Transfer of acres off Bayway Drive to the Eola Cox Estate. Prepared for: Bob Leiper Prepared by: Karen Horner, Legal Department: City Management Information ITEM Consider an ordinance authorizing a letter agreement concerning the transfer of acres off Bayway Drive to the Eola Cox Estate. PREFACE This proposed ordinance authorizes a letter agreement concerning the the transfer of acres off Bayway Drive to the Eola Cox Estate (the "Estate"). This property is the site of the former Wooster Fire Station, to which the City obtained title when it annexed the Harris County Freshwater Supply District No. 8. On November 11, 1982, via Resolution No. 822, the City authorized the reversion of a 30-foot strip of land immediately south of the land subject to this transaction since it had no present or anticipated future need of the property. Approximately 30 years have passed since such reversion and the title to the acres remains at issue. The Estate recently approached the City in attempt to settle the title dispute. The City and the Estate have agreed, subject to the approval of the City Council, for the City to quitclaim the property in question to the Estate in exchange for the Estate's payment of $500 to the City. Such dollar amount was derived after evaluating many factors, including, but not limited to, the repairs made to the structure on the property as well as the maintenance, upkeep and taxes paid by the Estate. The Estate has tendered the monies to the City. This item supports the City's Development and Redevelopment vision by providing infill and redevelopment opportunities. RECOMMENDATION Staff recommends approval. Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Fiscal Impact

79 Funds Budgeted Y/N: Amount Needed: Fiscal Impact (Additional Information): Proceeds from this sale will be credited to the General Fund. Attachments Ordinance - Letter Agreement with Cox Estate Exhibit A - Letter Agreement with Cox Estate

80 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER AGREEMENT REGARDING THE TRANSFER OF ACRES OFF BAYWAY DRIVE TO THE EOLA COX ESTATE; 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 a letter agreement regarding the transfer of acres off Bayway Drive to the Eola Cox Estate. 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 April, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Ordinances\2013\April 11\EolaCoxEstateLetterAgreement.doc

81

82

83

84 BAYTOWN CITY COUNCIL MEETING 5. d. Meeting Date: 04/11/2013 Subject: Municipal Maintenance Agreement with TxDOT for incorporated limits within Chambers County. Prepared for: Bob Leiper Prepared by: Karen Horner, Legal Department: City Management Information ITEM Consider an ordinance authorizing the municipal maintenance agreement with the State of Texas through the Texas Department of Transportation concerning the maintenance and operation of state highways within that portion of the City lying within Chambers County. PREFACE This proposed ordinance authorizes the municipal maintenance agreement with the State of Texas through the Texas Department of Transportation ("TxDOT") concerning the maintenance and operation of state highways within that portion of the City lying within Chambers County. This agreement assigns the responsibilities regarding the maintenance and operation of the following non-controlled access highways: SH From the north city limits at IH10, south to the Chambers/Harris County line FM From the junction of SH 146, east to the city limits, and the following controlled access highways: IH From the Chambers/Harris County line, east to the east city limits. Generally, the agreement assigns responsibilities and establishes standards regarding traffic regulations, traffic signals, lighting systems, sidewalks; maintenance of traveled surfaces, mowing, litter pickup, drainage, snow and ice removal, and other items affecting the above-referenced controlled and non-controlled access highways. The agreement may be terminated if either party fails to fulfill its obligations under the Agreement after a 30 day cure period. This item supports the City's Infrastructure Maintenance and Improvement vision. RECOMMENDATION Staff recommends approval. Fiscal Impact

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

86 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE THE MUNICIPAL MAINTENANCE AGREEMENT WITH THE STATE OF TEXAS THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION CONCERNING THE MAINTENANCE AND OPERATION OF STATE HIGHWAYS WITHIN THAT PORTION OF THE CITY LYING WITHIN CHAMBERS COUNTY; 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 the Municipal Maintenance Agreement with the State of Texas through the Texas Department of Transportation concerning the maintenance and operation of state highways within that portion of the City lying within Chambers County. 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 April, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Ordinances\2013\April 11\TxDOTMunicipalMaintenanceAgreement.doc

87 Exhibit "A"

88

89

90

91

92

93

94

95 BAYTOWN CITY COUNCIL MEETING 5. e. Meeting Date: 04/11/2013 Subject: Consider Community Garden License Agreement with Friends of the Baytown Nature Center. Prepared for: Ignacio Ramirez Prepared by: Karen Horner, Legal Department: Legal Information ITEM Consider an ordinance authorizing a license agreement with the Friends of the Baytown Nature Center for a community garden at the RTC park property on W. Texas Avenue. PREFACE This proposed ordinance authorizes a license agreement with the Friends of the Baytown Nature Center ("Friends") for the third year of a community garden at the RTC park property on W. Texas Avenue. The license is for a period of one year and requires the Friends to establish and operate a community garden program designed to improve the quality of life for the citizens of Baytown and to help educate adults and children about good nutrition, ecology and to provide organic food. During the term of the license, the Friends will be responsible for maintenance and other expenses associated with the program, except for water service. The City will provide certain water services, including up to 6,000 gallons per month of metered irrigation service. This proposed agreement is the same as the City Council approved in 2011 and This item supports the City's vision of creating a community of which we can be proud. RECOMMENDATION Staff recommends approval. Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Operating Funds Budgeted Y/N: Y Amount Needed: $1,000. Fiscal Impact (Additional Information):

96 Attachments Ordinance - Community Garden Exhibit A - Community Garden License Agreement

97 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A LICENSE AGREEMENT WITH THE FRIENDS OF THE BAYTOWN NATURE CENTER FOR A COMMUNITY GARDEN AT THE RTC PARK PROPERTY ON TEXAS AVENUE; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE THOUSAND AND NO/100 DOLLARS ($1,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************************************************* BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the City Manager to execute and the City Clerk to attest to a license agreement with the Friends of the Baytown Nature Center for a community garden at the RTC park property on Texas Avenue. A copy of the agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes payment in furtherance of the community garden in an amount not to exceed ONE THOUSAND AND NO/100 DOLLARS ($1,000.00) in accordance with the agreement authorized in Section 1 hereinabove. Section 3: That the City Manager is hereby granted general authority to approve a decrease or an increase in costs by FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) or less, provided that the amount authorized in Section 2 hereof may not be increased by more than twenty-five percent (25%). Section 4: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 11 th day of April, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Ordinances\2013\April 11\CommunityGardenProjectOrdinance.doc

98 Exhibit "A"

99

100

101

102

103

104

105

106

107

108

109

110

111 BAYTOWN CITY COUNCIL MEETING 5. f. Meeting Date: 04/11/2013 Subject: Consider Purchasing One (1) 2013 Pierce Quantum Pumper Truck. Prepared for: Shon Blake Prepared by: Victor Medrano, Fire Department: Fire Information ITEM Consider an ordinance authorizing the purchase of one (1) 2013 Pierce Quantum Pumper Truck for the Fire Department through the Houston-Galveston Area Council. PREFACE This proposed ordinance authorizes the purchase of one (1) 2013 Pierce Quantum Pumper Truck from Siddons-Martin Emergency Group through the Houston-Galveston Area Council (H-GAC) for a total amount of $622,456, inclusive of the H-GAC fee of $2,000, which is assessed per purchase order. The new pumper truck will be placed in service at Fire Station #1 and will be designated Engine #1. Ladder #1 will be placed in reserve status and will be utilized as necessary. RECOMMENDATION Staff recommends approval. Fiscal Impact Fiscal Year: 12/13 Acct Code: Source of Funds (Operating/Capital/Bonds): FCPEMSD Funds Budgeted Y/N: Y Amount Needed: 622,456 Fiscal Impact (Additional Information): Total amount for the new Pierce pumper is $622,456 inclusive of the H-GAC fee of $2,000 which is assessed per each purchase order. This pumper truck will be funded through the Fire Control Prevention and Emergency Medical Services District. Fire Truck Bid Letter Ordinance - Pumper Truck Attachments

112 3500 Shelby Lane Denton, Texas GDN P TXDOT Franchise No. A EIN: April 5, 2013 Baytown Fire & Rescue Fire Chief Shon Blake 201 East Wye Baytown, Texas RE: Proposal for One (1) new Pierce Quantum Pumper; EP Siddons Martin Emergency Group the licensed and authorized dealer for Pierce Manufacturing Inc. in the State of Texas is pleased to provide the following proposal for one (1) new Pierce Quantum Pumper; EP This proposal is based on the accompanying proposal specifications, which are tailored to meet your needs. The proposal pricing is based on current HGAC. One (1) New Pierce Quantum Pumper EP One (1) Quantum pumper $ 644, Chassis pre pay discount <$ 9,299.00> 100% pre pay discount <$ 12,481.00> Total cost with discounts $ 622, To take advantage of prepayment discounts, payment must be made by the prescribed date. The proposal pricing includes the delivery cost from our Appleton Wisconsin factory to your facility. Travel expenses for your personnel to travel to our factory for preconstruction and final acceptance are not included in this proposal. Delivery time for the proposed unit will be within 7 8 months from the date of order which will be the date a Purchase Order is received by Siddons Martin Emergency Group. This proposal is valid until October 15,2013. Tax is excluded from this proposal. In the event the purchasing organization is not exempt from Sales Taxes or any other applicable taxes and/or the proposed apparatus does not qualify for exempt status, it is the duty of the purchasing organization to pay any and all taxes due. Proposal for Customer Page 1 of 3

113 EP/Proposal Number Balance of sales price is due upon acceptance of the apparatus at the factory. Payment must be remitted to: Payment Mailing Address Payment Wiring Information Siddons Martin Emergency Group JP Morgan Chase Bank, N.A. P.O. Box Dallas, TX Dallas, TX Routing #: Account # Fed Tax ID Any changes to the original specification will be invoiced or credited as a separate transaction from the original proposal. A late fee of.033% of the sale price will be charged per day for overdue payments beginning ten (10) days after the payment is due for the first 30 days. The late fee increases to.044% per day until the payment is received. In the event of a Prepayment received after the due date above, the discount will be reduced by same percentages above increasing the cost of the apparatus. In the event this proposal is accepted and a purchase order is issued then cancelled or terminated by Customer before completion, Siddons Martin Emergency may charge a cancellation fee. The following charge schedule based on costs incurred may be applied: (a) 10% of the Purchase Price after order is accepted and entered by Pierce; (b) 20% of the Purchase Price after completion of the approval drawings; (c) 30% of the Purchase Price upon any material requisition. The cancellation fee may increase accordingly as costs are incurred as the order progresses through engineering and into manufacturing. Siddons Martin Emergency endeavors to mitigate any such costs through the sale of such product to another purchaser; however, the customer shall remain liable for the difference between the purchase price and, if applicable, the sale price obtained by Siddons Martin upon sale of the product to another purchaser, plus any costs incurred by Siddons Martin to conduct such sale. In an effort to ensure the above stated terms and conditions are understood and adhered to, Siddons Martin requires an authorized individual from the purchasing organization to sign and date this proposal and include it with any purchase order. Upon signing of this proposal, the terms and conditions stated herein will be considered binding and accepted by Customer. The terms and acceptance of this proposal will be governed by the laws of the state of Texas. Venue of any claim regarding this proposal will lie in the county Proposal for Customer Page 2 of 3

114 EP/Proposal Number Customer is located. No additional terms or conditions will be binding upon Siddons Martin Emergency Group unless agreed to in writing and signed by a duly authorized officer of Siddons Martin Emergency Group. Sincerely, James Campbell Sales Representative jcampbell@siddons martin.com I,, the authorized representative of Customer, agree to purchase the Truck Description and agree to the terms of this proposal. Signature Date Proposal for Customer Page 3 of 3

115 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SIX HUNDRED TWENTY-TWO THOUSAND FOUR HUNDRED FIFTY-SIX AND NO/100 DOLLARS ($622,456.00) TO SIDDONS- MARTIN EMERGENCY GROUP THROUGH THE HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) 2013 PIERCE QUANTUM PUMPER TRUCK FOR THE FIRE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. **************************************************************************************** WHEREAS, the City Council of the City of Baytown has approved an Interlocal Agreement which authorizes the Houston-Galveston Area Council to take bids for certain items on behalf of the City of Baytown; and WHEREAS, pursuant to such agreement, the Houston-Galveston Area Council has taken bids for one (1) Pierce Quantum Pumper Truck for the Fire Department; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown hereby authorizes the payment of SIX HUNDRED TWENTY-TWO THOUSAND FOUR HUNDRED FIFTY-SIX AND NO/100 DOLLARS ($622,456.00) to Siddons-Martin Emergency Group, through the Houston-Galveston Area Council for the purchase of one (1) 2013 Pierce Quantum Pumper Truck for the Fire Department. 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, provided that the original contract price may not be increased by more than twenty-five percent (25%) or decreased by more than twenty-five percent (25%) without the consent of the contractor to such decrease. Section 3: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 11 th day of April, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Ordinances\2013\April 11\HGACPumperTruck.doc

116

117 BAYTOWN CITY COUNCIL MEETING 6. a. Meeting Date: 04/11/2013 Subject: 32th Annual Baytown Special Olympics Track Meet. Prepared for: Scott Johnson Prepared by: Scott Johnson, Parks and Recreation Department: Parks and Recreation Information ITEM The 32nd Annual Baytown Special Olympics Track Meet will be held on Saturday, April 20, 2013, at the Goose Creek Memorial Stadium, 6001 East Wallisville Road, Baytown, Texas. PREFACE The 32nd Annual Baytown Special Olympics Track Meet will be held on Saturday, April 20th, at the Goose Creek Memorial Stadium, 6001 East Wallisville Road. Opening Ceremonies will begin at 9:30 a.m. and competition is scheduled to begin at 10:00 a.m. To volunteer, contact Holly Pinkston at or by at to register. 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 Special Olympics Flyer 2013 Special Olympics Volunteer Form Attachments

118 32 nd ANNUAL BAYTOWN SPECIAL OLYMPICS TRACK & FIELD MEET "LET ME WIN. BUT IF I CANNOT WIN, LET ME BE BRAVE IN THE ATTEMPT." Saturday, April 20, Goose Creek Memorial Stadium 6001 E. Wallisville Road OPENING CEREMONIES - 9:30 AM ~ COMPETITION BEGINS - 10:00 AM BE A SPONSOR OR VOLUNTEER AT THE EVENT THIS YEAR! For more information, please contact Baytown Parks and Recreation at (281) or via at pard@baytown.org.