February 12, 2019 City Council Regular Meeting 7:00 p.m.

Transcription

1 February 12, 2019 City Council Regular Meeting 7:00 p.m.

2 Julie Masters, Mayor Charles Suderman Bruce Henderson Walter Wilson AGENDA City of Dickinson CITY COUNCIL REGULAR MEETING Wally Deats, Mayor Pro Tem Louis Decker William H. King III Chris Heard, City Administrator February 12, 2019 NOTICE is hereby given of a REGULAR MEETING of the City Council for the City of Dickinson, County of Galveston, State of Texas, to be held on Tuesday, February 12, 2019, at 7: 00 p. m. at: 4403 Highway 3, Dickinson, Texas for the purpose of considering the following numbered items. The City Council of the City of Dickinson, Texas, reserves the right to meet in a closed session on any of the below items should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. ITEM 1.) CALL TO ORDER AND CERTIFICATION OF A QUORUM ITEM 2.) INVOCATION ITEM 3.) PLEDGE OF ALLEGIANCE ITEM 4.) PROCLAMATIONS A. ITEM 5.) ANNOUNCEMENTS AND PRESENTATIONS: A. Council Comments. ITEM 6.) REPORTS: A. Update on Public Works Projects ( Interim Director of Public Works Ron Sullivan). ITEM 7.) PUBLIC COMMENTS: At this time, any person with city -related business may speak to the Council. In compliance with the Texas Open Meetings Comments from the public Act, The City Council may not deliberate. should be limited to a maximum of three ( 3) minutes per individual speaker. ITEM 8.) CONSENT AGENDA: CONSIDERATION AND POSSIBLE ACTION: The following items are considered routine by the City Council and will be enacted by one motion. There will not be a separate discussion on these items unless a Council member requests, in which event, the item will be removed from the consent agenda and discussed after the consent agenda. A. Approval of the Minutes of the Regular Council Meeting of January 22, February 12, 2019 Regular Council Meeting Agenda Page 1 of 4

3 B. Resolution Number XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING SUBMISSION OF A GRANT APPLICATION FOR THE CRIME VICTIM ASSISTANCE PROGRAM TO THE OFFICE OF THE GOVERNOR OF THE STATE OF TEXAS; AGREEING TO PROVIDE MATCHING FUNDS FOR THE PROJECT; AUTHORIZING THE MAYOR TO ACT AS THE CITY' S AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY' S PARTICIPATION IN THE PROGRAM; PROVIDING FOR INCORPORATION OF PREAMBLE; AND PROVIDING FOR AN EFFECTIVE DATE. C. Resolution Number XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, REJECTING COMPETITIVE SEALED BIDS FOR CSB# 1815, MUSEUM REPAIRS; PROVIDING FOR THE INCORPORATION OF PREAMBLE; AND PROVIDING AN EFFECTIVE DATE. D. Resolution Number XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS APPOINTING PRIMARY AND ALTERNATE REPRESENTATIVES TO THE GALVESTON COUNTY TRANSIT DISTRICT BOARD OF; AND PROVIDING AN EFFECTIVE DATE. E. Resolution Number XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, AUTHORIZING FUNDING FOR A NEW AIR CONDITIONING COMPRESSOR AT CITY HALL; PROVIDING FOR INCORPORATION OF PREAMBLE; AND PROVIDING AN EFFECTIVE DATE. ITEM 9.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ordinance Number XXX AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD ON MAY 4, 2019, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY A PROPOSITION RELATING TO THE REAUTHORIZATION OF THE LOCAL SALES AND USE TAX IN THE CITY OF DICKINSON AT THE RATE OF ONE- FOURTH OF ONE PERCENT TO CONTINUE PROVIDING REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS; DESIGNATING ONE ( 1) ELECTION PRECINCT WITHIN THE CITY; DESIGNATING ONE ( 1) POLLING PLACE; PROVIDING FOR THE APPOINTMENT OF A PRESIDING ELECTION JUDGE AND ALTERNATE PRESIDING ELECTION JUDGE; ESTABLISHING OTHER PROCEDURES FOR CONDUCTING THE ELECTION; AND PROVIDING AN EFFECTIVE DATE. ( Second of Three Readings) February 12, 2019 Regular Council Meeting Agenda Page 2 of 4

4 ITEM 10.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ordinance Number XXX AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, CORRECTING A TYPOGRAPHICAL ERROR IN AN AMENDMENT TO CHAPTER 18, ZONING, OF THE CODE OF ORDINANCES OF THE CITY OF DICKINSON, TEXAS AS MADE ON NOVEMBER 11, 2008 BY ORDINANCE NUMBER , TO REPLACE REFERENCES TO 307 FM 646 NORTH WITH THE CORRECT ADDRESS OF 351 FM 646 NORTH; AND PROVIDING AN EFFECTIVE DATE. ( First of Three Readings) ITEM 11.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Resolution Number XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT BETWEEN THE CITY OF DICKINSON, TEXAS ( CITY), AND GALVESTON COUNTY, TEXAS COUNTY) FOR THE MILLING OF CASA GRANDE STREET AND FOR THE PROVISION OF HOT MIX ASPHALT MATERIALS FOR THE CITY TO USE FOR REPAVING; PROVIDING FOR THE INCORPORATION OF PREAMBLE; AUTHORIZING EXECUTION OF THE AGREEMENT BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. ITEM 12.) EXECUTIVE SESSION: The City Council will now hold a closed executive meeting pursuant to the provision of Chapter 551, Government Code, Vernon' s Texas Codes annotated, in accordance with the authority contained in: A. Section Consultation with Attorney regarding pending litigation, specifically the Armstrong lawsuit, and matters in which the duty of the City Attorney requires to be discussed in closed meeting. B. Section Consultation with Attorney regarding pending litigation, and matters in which the duty of the City Attorney requires to be discussed in closed meeting. C. Section Personnel Matter Discussion to Deliberate the Appointment, Employment, Evaluation, Reassignment, Duties, Discipline or Dismissal of the City Administrator. ITEM 13.) RECONVENE ITEM 14.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Matters Discussed in Executive Session. ITEM 15.) ADJOURN February 12, 2019 Regular Council Meeting Agenda Page 3 of 4

5 CERTIFICATION This is to certify that a copy of the Notice of the Regular City Council meeting for Tuesday, February 12, 2019, was posted on the bulletin board at City Hall, 4403 Highway 3, Dickinson, Texas, on this the 8th day of February, 2019, prior to 7: 00 p. m. Alun W. Thomas, City Secretary Immo In compliance with the Americans with Disabilities Act, the City of Dickinson will provide reasonable accommodations for disabled persons attending City Council Meetings. Requests should be received at least 24 hours prior to the scheduled meeting, by contacting the City Secretary' s office at , or by FAX at February 12, 2019 Regular Council Meeting Agenda Page 4 of 4

6 ITEM 1 Call to Order and Certification of a Quorum

7 MEETING DATE: February 12, 2019 Regular Meeting CITY OF DICKINSON, TEXAS CITY COUNCIL MEETING ATTENDANCE LIST MAYOR/COUNCIL PRESENT ABSENT MAYOR JULIE MASTERS POS. 1: COUNCILMEMBER CHARLES SUDERMAN POS. 2: COUNCILMEMBER BRUCE HENDERSON POS. 3: COUNCILMEMBER WALTER WILSON POS. 4: COUNCILMEMBER WALLY DEATS POS. 5: COUNCILMEMBER LOUIS DECKER POS. 6: COUNCILMEMBER WILLIAM KING ALSO IN ATTENDANCE: City Attorney David W. Olson City Administrator Chris Heard Assistant City Administrator/CFO Stephanie Russell City Secretary Alun W. Thomas Director of Community Dev. Zachary Meadows Interim Public Works Director Ronald Sullivan Police Chief Ron Morales EMS Director Derek Hunt Fire Marshal Burt Heddles Court Administrator Irma Rivera Library Director Julianne Lane Bayou Animal Services Manager Sarah Saunders Intern Gethorio Davidson

8 ITEM 2 Invocation

9 ITEM 3 Pledge of Allegiance

10 ITEM 4 Proclamations

11 ITEM 5 Announcements and Presentations

12 ITEM 5A Council Comments

13 ITEM 6 Reports

14 ITEM 6A Update on Public Works Projects

15 ITEM 7 Public Comments

16 ITEM 8 Consent Agenda

17 ITEM 8A

18 Julie Masters, Mayor Charles Suderman Bruce Henderson Walter Wilson MINUTES City of Dickinson CITY COUNCIL REGULAR MEETING Wally Deats, Mayor Pro Tem Louis Decker William H. King III Chris Heard, City Administrator January 22, 2019 The Dickinson City Council met in a duly called and announced REGULAR MEETING on Tuesday, January 22, 2019, at 7:00 p.m. The meeting was held in the City Council Chambers located at 4403 Highway 3, Dickinson, Galveston County, Texas, and was held for the purpose of considering the following items: ITEM 1.) CALL TO ORDER AND CERTIFICATION OF A QUORUM Mayor Masters called the meeting to order at 7:00 p.m. City Secretary Alun Thomas called roll and certified a quorum. Council Members present were as follows: Mayor Julie Masters, Mayor Pro-Tem Wally Deats, and Council Members Charles Suderman, Bruce Henderson, Walter Wilson, Louis Decker, and William H. King, III. Also present were City Attorney David Olson, City Administrator Chris Heard, Assistant City Administrator/Chief Financial Officer Stephanie Russell, Director of Community Development Zachary Meadows, Interim Director of Public Works Ronald Sullivan, Police Chief Ron Morales, Police Captain Melvin Mason, Police Captain Jay Jaekel, Police Captain Oscar Stoker, Library Director Julianne Lane, Assistant Library Director Kathy Soehl, Assistant to the Public Works Director Andrew Crawford, and Intern Gethorio Davidson. ITEM 2.) INVOCATION Pastor Jerrod Dawsey from Bethel Evangelistic Church gave the invocation. ITEM 3.) PLEDGE OF ALLEGIANCE Council Member Decker led the Pledge of Allegiance. ITEM 4.) PROCLAMATIONS None. ITEM 5.) ANNOUNCEMENTS AND PRESENTATIONS: A. Swearing-In of New Police Officers: Clinton Brown, Lisa Chandler, and Yesenia Gonzalez. Police Chief Ron Morales introduced the new officers, and Mayor Julie Masters administered the oath of office to each officer. January 22, 2019 Regular Council Meeting Minutes Page 1 of 8

19 B. Council Comments. Welcome and thank you to all for attending the meeting. It is hoped that everyone enjoyed Martin Luther King Jr. Day, commemorating the life of and the great civil rights progress made by Martin Luther King Jr. Thank you to Mary Dunbaugh for her work in helping to preserve and promote the historical significance that African Americans had in Dickinson. Congratulations to the new police officers, and congratulations to Police Captain Oscar Stoker on his recent promotion from Sergeant. Work on cleaning up and packing away equipment from Festival of Lights continues, and help is still needed. The Knights of Columbus will host a fish fry on February 1, March 1, and then every Friday for the subsequent 7 weeks. Condolences to the Topfer family on the loss of Bob Topfer. The cleanup and de-snagging of Dickinson Bayou is underway. Thank you to Zachary Weeks for taking and sharing photographs of the work. Council Member Decker expressed his desire for the bayou to also be desilted. A retirement party for Steve Krone and James Johnson will be held at the VFW hall starting at 6:30 p.m. on Thursday night, and is open to all. Emergency Management Coordinator David Popoff has helped to establish a Chef s Table Charities Point of Distribution at Ziegler s to support Federal employees who are impacted by the government shutdown. Progress is being made on the new animal shelter, which should be complete by June or July. Donations are being accepted. On May 4, the City will hold elections for three council positions and a proposed renewal of the City s Street Maintenance Sales Tax. Council Member Deats announced that he had filed for reelection. Condolences to the Rowan family on the loss of James Rowan. Last Friday, Council Member King attended the Houston-Galveston Area Council s annual meeting, and this Friday he will attend Bay Area Houston Economic Partnership s Quasar Banquet. Thank you to Mayor Masters and City Administrator Chris Heard for hosting the Harvey recovery application fair at City Hall. Thank you to Assistant City Administrator Stephanie Russell for her continued presence at Houston-Galveston Area Council s meetings. Dickinson Economic Development Corporation is doing well. ITEM 6.) REPORTS: A. Update on Activities of the Houston-Galveston Area Council (Council Member King). January 22, 2019 Regular Council Meeting Minutes Page 2 of 8

20 Council Member King provided an update on the meetings of December 11, 2018 and January 15, 2019, discussed Houston-Galveston Area Council s ongoing programs and hurricane recovery efforts, and addressed the questions of Council. B. City Administrator s Report (City Administrator Chris Heard). City Administrator Chris Heard distributed a report entitled The NEWS and NOTES Bulletin, said that he would like to present the bulletin at least once per month. Mr. Heard introduced the City s newest employees, Library Director Julianne Lane, Facilities Manager Ray Stutzman (not present), and Intern Gethorio Davidson; along with two interim, contracted workers, Interim Director of Public Works Ron Sullivan, and Interim Dickinson Economic Development Coordinator Alison Benton. Mr. Heard answered questions regarding his report. Council Member Deats asked for more frequent and more informative briefings from the City Administrator, and Council Member Suderman asked for the next City Administrator s report to contain an update on the proposed expansion of the police department s building. ITEM 7.) PUBLIC COMMENTS: At this time, any person with city-related business may speak to the Council. In compliance with the Texas Open Meetings Act, The City Council may not deliberate. Comments from the public should be limited to a maximum of three (3) minutes per individual speaker. Mary Dunbaugh, 2701 Colonial Drive, Dickinson, Texas Mr. Dunbaugh spoke as President of Dickinson Historical Society. She said that there are several groups in town that are concerned about the proposed design of the forthcoming replacement pedestrian bridge at the park, noting that the current design has been in place for about 30 years. If a lack of funding is the motivation behind the simpler design of the proposed replacement bridge, Ms. Dunbaugh continued, Dickinson Historical Society would be willing to help raise funds to cover the difference. ITEM 8.) CONSENT AGENDA: CONSIDERATION AND POSSIBLE ACTION: The following items are considered routine by the City Council and will be enacted by one motion. There will not be a separate discussion on these items unless a Council member requests, in which event, the item will be removed from the consent agenda and discussed after the consent agenda. A. Approval of the Minutes of the Regular Council Meeting of January 8, January 22, 2019 Regular Council Meeting Minutes Page 3 of 8

21 Council Member Henderson made a motion to approve the Consent Agenda and Council Member Deats seconded the motion. There being no discussion, Mayor Masters called for the vote. VOTE: 6 AYES (Suderman, Henderson, Wilson, Deats, Decker, King) 0 NAYS MOTION PASSED ITEM 9.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ordinance Number (Zoning Case SUP ) AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, ORDINANCE NUMBER , AS HERETOFORE AMENDED, TO GRANT SPECIFIC USE PERMIT NUMBER SUP ALLOWING THE APPLICANT TO USE THE PROPERTY FOR A BAR; SUCH PROPERTY BEING LEGALLY DESCRIBED AS ± 2.08 ACRES IN ABSTRACT 1 M AUSTIN SURVEY SW PT OF LOT 130 (130-1) THAMANS 1ST SUBDIVISION AND ABSTRACT 1 M AUSTIN SURVEY PART OF LOT 130 (130-4) THAMANS 1ST SUBDIVISION, MORE COMMONLY KNOWN AS 1001 FM 646, GENERALLY LOCATED NORTH OF 2ND STREET AND EAST OF FM 646 IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS, PRESENTLY ZONED GENERAL COMMERCIAL ( GC ); PROVIDING FOR THE INCORPORATION OF PREAMBLE; DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION HEREOF; AND PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Second of Three Readings) Council Member Suderman made a motion to approve the ordinance in two readings, and Council Member King seconded the motion. Council discussed whether the address should denote that the address is on FM 646 N. After the brief discussion during which the City Attorney said that either address denotation would be acceptable, Council Member Suderman amended his motion to include changing the address to 1001 FM 646 N, and Council Member King seconded the amended motion. There being no further discussion, Mayor Masters called for the vote. VOTE: 6 AYES (Suderman, Henderson, Wilson, Deats, Decker, King) 0 NAYS MOTION PASSED ITEM 10.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ordinance Number (Zoning Case SUP ) AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, AMENDING THE COMPREHENSIVE January 22, 2019 Regular Council Meeting Minutes Page 4 of 8

22 ZONING ORDINANCE OF THE CITY, ORDINANCE NUMBER , AS HERETOFORE AMENDED, TO GRANT SPECIFIC USE PERMIT NUMBER SUP ALLOWING THE APPLICANT TO USE THE PROPERTY FOR A BAR; SUCH PROPERTY BEING LEGALLY DESCRIBED AS ± ACRES IN ABSTRACT 19 PERRY & AUSTIN TRACT 67 (67-5), GENERALLY LOCATED SOUTH OF FM 517 AND WEST OF BENTWOOD BAY DRIVE IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS, PRESENTLY ZONED GENERAL COMMERCIAL ( GC ); PROVIDING FOR THE INCORPORATION OF PREAMBLE; DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION HEREOF; AND PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Second of Three Readings) Council Member Deats made a motion to approve the ordinance in two readings, and Council Member Hederson seconded the motion. There being no discussion, Mayor Masters called for the vote. VOTE: 6 AYES (Suderman, Henderson, Wilson, Deats, Decker, King) 0 NAYS MOTION PASSED ITEM 11.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Resolution Number A RESOLUTION OF THE CITY OF DICKINSON, TEXAS, PROVIDING FOR THE HOLDING OF A GENERAL ELECTION ON MAY 4, 2019 FOR THE PURPOSE OF ELECTING THREE (3) COUNCIL MEMBERS FOR POSITIONS 2, 4 & 6; PROVIDING DETAILS RELATING TO THE HOLDING OF SUCH ELECTION; PROVIDING FOR THE INCORPORATION OF PREAMBLE AND AN EFFECTIVE DATE. Council Member Wilson made a motion to approve the resolution, and Council Member Decker seconded the motion. There being no discussion, Mayor Masters called for the vote. VOTE: 6 AYES (Suderman, Henderson, Wilson, Deats, Decker, King) 0 NAYS MOTION PASSED ITEM 12.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ordinance Number XXX-2019 AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD ON MAY 4, 2019, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY A PROPOSITION RELATING TO THE January 22, 2019 Regular Council Meeting Minutes Page 5 of 8

23 REAUTHORIZATION OF THE LOCAL SALES AND USE TAX IN THE CITY OF DICKINSON AT THE RATE OF ONE-FOURTH OF ONE PERCENT TO CONTINUE PROVIDING REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS; DESIGNATING ONE (1) ELECTION PRECINCT WITHIN THE CITY; DESIGNATING ONE (1) POLLING PLACE; PROVIDING FOR THE APPOINTMENT OF A PRESIDING ELECTION JUDGE AND ALTERNATE PRESIDING ELECTION JUDGE; ESTABLISHING OTHER PROCEDURES FOR CONDUCTING THE ELECTION; AND PROVIDING AN EFFECTIVE DATE. (First of Three Readings) Council Member King made a motion to approve the first reading of the ordinance, and Council Member Decker seconded the motion. Council Member Deats confirmed with City Attorney David Olson that the General Election and Special Election, although separate elections, would appear on the same ballot. There being no further discussion, Mayor Masters called for the vote. VOTE: 6 AYES (Suderman, Henderson, Wilson, Deats, Decker, King) 0 NAYS MOTION PASSED ITEM 13.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Resolution Number A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, AUTHORIZING AND APPROVING THE PURCHASE OF FIVE (5) NEW PUBLIC SAFETY VEHICLES FOR DICKINSON POLICE DEPARTMENT FROM LAKE COUNTRY CHEVROLET THROUGH HGACBUY COOPERATIVE CONTRACT NUMBER VE11-18 IN AN AMOUNT NOT TO EXCEED $152,480, AND AUTHORIZING AND APPROVING THE PURCHASE OF RADIOS AND EMERGENCY EQUIPMENT IN AN AMOUNT NOT TO EXCEED $19,304 PER VEHICLE. Council Member Suderman made a motion to approve the resolution, and Council Member Decker seconded the motion. Council Member Henderson questioned why Council had to approve the purchases, given that they were already included in this year s budget. Assistant City Administrator/Chief Financial Officer Stephanie Russell noted that the purchase price exceeds $50,000 so the City s purchasing policy requires this additional approval from Council. Police Chief Ron Morales, Captain Jay Jaekel, and Lieutenant Frank Price addressed questions of Council regarding police vehicle costs, disposal of equipment attached to police patrol vehicles, and the proposed use of the vehicles. Captain Jaekel informed Council that four of the vehicles would be patrol vehicles, and one would be for Emergency Management Coordinator January 22, 2019 Regular Council Meeting Minutes Page 6 of 8

24 David Popoff. There being no further discussion, Mayor Masters called for the vote. VOTE: 6 AYES (Suderman, Henderson, Wilson, Deats, Decker, King) 0 NAYS MOTION PASSED ITEM 14.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Resolution Number A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, AUTHORIZING AND APPROVING THE PURCHASE OF A COMPLETE PATROL VEHICLE DASH CAMERA AND BODY CAMERA SYSTEM FOR DICKINSON POLICE DEPARTMENT FROM WATCHGUARD VIDEO THROUGH HGACBUY COOPERATIVE CONTRACT NUMBER EF04-17 IN AN AMOUNT NOT TO EXCEED $106,975. Council Member Wilson made a motion to approve the resolution with the reference to vehicles that is in section three removed, and Council Member King seconded the motion. There being no discussion, Mayor Masters called for the vote. VOTE: 6 AYES (Suderman, Henderson, Wilson, Deats, Decker, King) 0 NAYS MOTION PASSED ITEM 15.) EXECUTIVE SESSION: The City Council will now hold a closed executive meeting pursuant to the provision of Chapter 551, Government Code, Vernon s Texas Codes annotated, in accordance with the authority contained in: A. Section Consultation with Attorney regarding pending litigation, specifically the Armstrong lawsuit, and matters in which the duty of the City Attorney requires to be discussed in closed meeting. Mayor Masters recessed the meeting at 8:30 p.m. ITEM 16.) RECONVENE Mayor Masters reconvened the regular meeting at 8:41 p.m. ITEM 17.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Discussed in Executive Session. Matters None. January 22, 2019 Regular Council Meeting Minutes Page 7 of 8

25 ITEM 18.) ADJOURN Council Member Wilson made a motion to adjourn the meeting at 8:41 p.m., and Council Member King seconded the motion. There being no discussion, Mayor Masters called for the vote. VOTE: 6 AYES (Suderman, Henderson, Wilson, Deats, Decker, King) 0 NAYS MOTION PASSED PASSED, APPROVED AND ADOPTED this the 12th day of February, ATTEST: Julie Masters, Mayor Alun W. Thomas, City Secretary January 22, 2019 Regular Council Meeting Minutes Page 8 of 8

26 ITEM 8B

27 MEETING DATE: February 12, 2019 TOPIC: Resolution Number XXX-2019 Dickinson City Council Agenda Item Data Sheet BACKGROUND: RECOMMENDATION: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING SUBMISSION OF A GRANT APPLICATION FOR THE CRIME VICTIM ASSISTANCE PROGRAM TO THE OFFICE OF THE GOVERNOR OF THE STATE OF TEXAS; AGREEING TO PROVIDE MATCHING FUNDS FOR THE PROJECT; AUTHORIZING THE MAYOR TO ACT AS THE CITY'S AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE PROGRAM; PROVIDING FOR INCORPORATION OF PREAMBLE; AND PROVIDING FOR AN EFFECTIVE DATE. The Office of the Governor of the State of Texas requires that the governing body of each local government issue a resolution approving the submission of grant applications for the Crime Victim Assistance Program. The Police Department is in the process of applying for the Victims of Crime Act (VOCA) grant to fund the existing Crime Victim s Assistance program. The total grant project amount is $169,233. The total cash match is $31,608 (a $4,241 increase over FY grant years). Continuation grants are now allowed to apply for funds in 2-year increments. If approved, this will be the 11 th year of funding. It is proposed to budget the cash match in the FY operating budgets. Staff recommends approval of the Resolution. ATTACHMENTS: Resolution Number XXX-2019 FUNDING ISSUES: Not applicable no dollars are being spent or received. Full amount already budgeted in Acct/Project# Not budgeted, if approved, the following will be included in the FY 2020 & 2021 Budgets. FINANCE VERIFICATION OF FUNDING: SUBMITTING STAFF MEMBER: CITY ADMINISTRATOR APPROVAL: Chief Ron Morales APPROVAL YES NO ACTIONS TAKEN READINGS PASSED 1 st 2 nd 3 rd PAGE 1 OF 1 OTHER

28 RESOLUTION NUMBER XXX-2019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING SUBMISSION OF A GRANT APPLICATION FOR THE CRIME VICTIM ASSISTANCE PROGRAM TO THE OFFICE OF THE GOVERNOR OF THE STATE OF TEXAS; AGREEING TO PROVIDE MATCHING FUNDS FOR THE PROJECT; AUTHORIZING THE MAYOR TO ACT AS THE CITY'S AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE PROGRAM; PROVIDING FOR INCORPORATION OF PREAMBLE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council finds it in the best interest of the citizens of the City of Dickinson, Galveston County, Texas (the City ) that the Crime Victim Assistance Program be operated for Fiscal Year 2019; and WHEREAS, the City Council agrees that the City will provide applicable matching funds for the said project as required by the Victims of Crime Act ( VOCA ) Grant application; and WHEREAS, the City Council agrees that in the event of loss or misuse of the Criminal Justice Division funds, the City Council assures that the funds will be returned to the Criminal Justice Division in full; and WHEREAS, the City Council designates the Mayor of the City of Dickinson as the grantee s authorized official with the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, THAT: Section 1. The facts and statements contained in the preamble are hereby found to be true and correct and are incorporated herein and made a part hereof for all purposes. Section 2. The City Council hereby authorizes submission of the grant application for the Crime Victim Assistance Program to the Office of the Governor, Criminal Justice Division. Section 3. The Mayor is hereby designated as the City's Authorized Representative to act in all matters in connection with this application and the City's participation in the Crime Victim Assistance Program. CITY OF DICKINSON, TEXAS RESOLUTION NUMBER XXX-2019 Page 1 of 2

29 Section 4. passage. This Resolution shall become effective immediately upon its DULY PASSED AND APPROVED this 12 th day of February, Julie Masters, Mayor City of Dickinson, Texas ATTEST: Alun W. Thomas, City Secretary City of Dickinson, Texas APPROVED AS TO FORM AND CONTENT: David W. Olson, City Attorney City of Dickinson, Texas CITY OF DICKINSON, TEXAS RESOLUTION NUMBER XXX-2019 Page 2 of 2

30 ITEM 8C

31 Dickinson City Council Agenda Item Data Sheet MEETING DATE: February 12, 2019 TOPIC: BACKGROUND: RESOLUTION NUMBER XXX-2019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, REJECTING COMPETITIVE SEALED BIDS FOR CSB#1815, MUSEUM REPAIRS; PROVIDING FOR THE INCORPORATION OF PREAMBLE; AND PROVIDING AN EFFECTIVE DATE. The City of Dickinson s Historical Railroad Depot Museum was flooded during Hurricane Harvey and in need of repairs. Therefore, staff advertised Competitive Sealed Bid (CSB) #1815 on Wednesday, September 12, 2018 and Wednesday, September 19, 2018 in the Galveston Daily News. One bid was received in response to solicitation which was publicly opened on Thursday, September 27, 2018, at 10:15 a.m. RECOMMENDATION: The one bid came in at $92,596 which was $59,000 over the original insurance estimate. Therefore, staff recommends rejecting the bid. Texas Local Government Code (f) authorizes the governing body to reject bids. In addition, the instructions for CSB#1815 states that The City further reserves the right to reject all qualifications submitted, or accept qualifications deemed most advantageous to the City. With the approval of this action, staff recommends revising the scope and to soliciting quotes for the repairs. Staff recommends approval of Resolution Number XXX-2019 ATTACHMENTS: Bid Submitted by KR Allen Construction Resolution Number XXX-2019 FUNDING ISSUES: Not applicable no dollars are being spent or received. Full amount already budgeted in Acct/Project# Not budgeted FINANCE VERIFICATION OF FUNDING: SUBMITTING STAFF MEMBER: Stephanie Russell, Assistant City Administrator/CFO CITY ADMINISTRATOR APPROVAL: APPROVAL YES NO ACTIONS TAKEN READINGS PASSED 1 st 2 nd 3 rd PAGE 1 OF 1 OTHER

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38 RESOLUTION NUMBER XXX-2019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, REJECTING COMPETITIVE SEALED BIDS FOR CSB#1815, MUSEUM REPAIRS; PROVIDING FOR THE INCORPORATION OF PREAMBLE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Dickinson s Historical Railroad Depot Museum was flooded during Hurricane Harvey and in need of repairs; and WHEREAS, the City of Dickinson advertised Competitive Sealed Bid (CSB) #1815 on Wednesday, September 12, 2018 and Wednesday, September 19, 2018 in the Galveston Daily News; and WHEREAS, one bid was received in response to solicitation which was publicly opened on Thursday, September 27, 2018, at 10:15 a.m.; and WHEREAS, Texas Local Government Code (f) authorizes the governing body to reject bids; and and WHEREAS, staff has examined the submittal and recommends rejecting the bid; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, THAT: Section 1. The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. Section 2. The bid, having been reviewed by the City Council of the City of Dickinson, is found not to in the best interests of the City of Dickinson and its citizens, is hereby in all things rejected. Section 3. passage. This Resolution shall become effective immediately upon its DULY PASSED AND APPROVED on this the 12th day of February Julie Masters, Mayor City of Dickinson, Texas ATTEST: APPROVED TO FORM AND CONTENT: Alun W. Thomas, City Secretary City of Dickinson, Texas David Olson, City Attorney City of Dickinson, Texas CITY OF DICKINSON, TEXAS RESOLUTION NUMBER XXX-2019 Page 1 of 1

39 ITEM 8D

40 Dickinson City Council Agenda Item Data Sheet MEETING DATE February 12, 2019 TOPIC: BACKGROUND: Resolution Number XXX-2019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS APPOINTING PRIMARY AND ALTERNATE REPRESENTATIVES TO THE GALVESTON COUNTY TRANSIT DISTRICT BOARD OF DIRECTORS; AND PROVIDING AN EFFECTIVE DATE. On June 22, 2010, by Resolution Number , the City of Dickinson joined the Galveston County Transit District ( GCTD ) as a member City. On February 28, 2017, by Resolution Number , the City Council appointed then Management Assistant Bryan Milward and Council Member Bruce Henderson as the primary and alternate representatives, respectively, to the Governing Board of the GCTD. RECOMMENDATION: With Mr. Milward s departure from the City, the City Council needs to appoint a new primary representative, and Director of Community Development Zachary Meadows is both willing to serve in that capacity and, in his role at the City, professionally invested in resolving transit issues in Dickinson. Staff recommends approval of the Resolution. ATTACHMENTS: Resolution Number XXX-2019 FUNDING ISSUES FINANCE VERIFICATION OF FUNDING: Not applicable no dollars are being spent or received. Full amount already budgeted in Acct/Project# Not budgeted. SUBMITTING STAFF MEMBER CITY ADMINISTRATOR APPROVAL Alun W. Thomas, City Secretary APPROVAL YES NO ACTIONS TAKEN READINGS PASSED 1 st 2 nd 3 rd PAGE 1 OF 1 OTHER

41 RESOLUTION NUMBER XXX-2019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS APPOINTING PRIMARY AND ALTERNATE REPRESENTATIVES TO THE GALVESTON COUNTY TRANSIT DISTRICT BOARD OF; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Galveston County Transit District (GCTD) is a Rural and Urban Transit District created pursuant to Chapter 458 of the Texas Transportation Code; and WHEREAS, on April 13, 2010, pursuant to Chapter 458 of the Texas Transportation Code, the Galveston County Commissioners' Court formally called a Rural Public Transportation Conference and invited all incorporated cities within Galveston County to discuss the potential benefits of a county-wide urban-rural transit district; and WHEREAS, the City of Dickinson through the Gulf Coast Center provides urban and rural transit services within Galveston County; and WHEREAS, the GCTD was created to promote and facilitate regional public transit services within Galveston County; and WHEREAS, the City of Dickinson, Texas is a participating municipality within the GCTD pursuant to Resolution Number duly passed and approved by the City Council on June 22, 2010; and WHEREAS, on February 28, 2017, by Resolution Number , the City Council appointed then Management Assistant Bryan Milward and Council Member Bruce Henderson as the primary and alternate representatives to the Governing Board of the GCTD; and WHEREAS, Mr. Milward has since left the City, and the City of Dickinson, Texas desires to continue to provide representation to serve on the Board of the GCTD; and WHEREAS, the City Council now finds that a new primary representative of the Governing Board of the GCTD should be appointed, that Director of Community Development Zachary Meadows should be appointed to serve in that capacity, and Council Member Bruce Henderson should continue as the alternate representative of the Governing Board of the GCTD. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, THAT: Section 1. The facts and matters set forth in the preamble of this Resolution are hereby found to be true and correct. CITY OF DICKINSON, TEXAS RESOLUTION NUMBER XXX-2019 Page 1 of 2

42 Section 2. The City Council of the City of Dickinson, Texas hereby appoints Director of Community Development Zachary Meadows as the primary member and Council Member Bruce Henderson as the alternate member of the Governing Board of the Galveston County Transit District. Section 3. This Resolution shall become effective immediately upon its passage. DULY PASSED AND APPROVED this the 12th day of February, ATTEST: Alun W. Thomas, City Secretary City of Dickinson, Texas Julie Masters, Mayor City of Dickinson, Texas APPROVED AS TO FORM AND CONTENT: David W. Olson, City Attorney City of Dickinson, Texas CITY OF DICKINSON, TEXAS RESOLUTION NUMBER XXX-2019 Page 2 of 2

43 ITEM 8E

44 Dickinson City Council Agenda Item Data Sheet MEETING DATE February 12, 2019 TOPIC BACKGROUND RESOLUTION XXX-2019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, AUTHORIZING FUNDING FOR A NEW AIR CONDITIONING COMPRESSOR AT CITY HALL; PROVIDING FOR INCORPORATION OF PREAMBLE; AND PROVIDING AN EFFECTIVE DATE. The air conditioning compressor that controls the northwest side of City Hall needs replacement. Staff solicited three quotes for the replacement and recommends awarding the lowest quote for $8,735 from Mackey Mechanical. This unanticipated expense was not included in the FY Budget and therefore requires Council approval of funding. RECOMMENDATION Funding is available in the Building Maintenance Fund. After taking into account the repairs made at the Central Fire Station and current appropriations, there is over $300,000 available in the fund. This resolution authorizing the funding for the new compressor and allows necessary change orders up to twenty five percent. Staff does not anticipate change orders, however; pre-approval is requested due to the short timeframe needed for completion. Staff recommends approval of the Resolution. ATTACHMENTS Quotes Resolution XXX-2019 FUNDING ISSUES Not applicable Not budgeted; however, funding is available in the Building Maintenance Fund Full Amount already budgeted. Funds to be transferred from Acct.# - - SUBMITTING STAFF MEMBER CITY ADMINISTRATOR APPROVAL Stephanie Russell, Assistant City Administrator/CFO APPROVAL YES NO ACTIONS TAKEN READINGS PASSED 1 st 2 nd 3 rd PAGE 1 OF 1 OTHER

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46 P.O. Box 1710 Dickinson TX Estimate 2/5/ FM 517, Dickinson TX City of Dickinson 4403 State Hwy. 3 Dickinson, TX Estimate created by MM/mi DESCRIPTION PROJECT Unit #2, Compressor Replacement of compressor for Carrier condenser model 38AKS , serial no. 3908G Unit #2, 460 volt, 3 phase Total 06ET Replacement compressor Liquid line filter drier, 30 cubic inch, 5/8" (2) RC-4864-HH sporlan high acid cores RX-Acid Scavenger Brazing materials Brass refrigerant fittings R22 refrigerant charge Materials and Labor 8, Crane to remove old compressor and install new compressor WARRANTY: 1 year compressor, 90 days labor Thank you and please let me know if you have any questions. Total $8, This proposal may be withdrawn by us if not accepted within 30 days. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practice. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our company is fully covered by Business Liability and Workman's Compensation Insurance. Regulated by The Texas Department of Licensing and Regulation, P.O. Box 12157,Austin TX 78711, TACLA4171C. ACCEPTANCE OF PROPOSAL: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature: Date

47 Vanderford Air, Inc. 207 W. FM 646 Dickinson, TX P: F: TACLA21258C Contract February 6, 2019 City of Dickinson 4403 Highway 3 Dickinson, TX Scope of work: Compressor replacement Includes: 1. Replacement compressor a. Carrier i. Model Number 38AKS ii. Serial Number 3908G40071 b. Remove existing compressor c. Install new compressor (OEM compressor) d. Weld in e. Replace core f. Remove old compressor 2. Include freight Contract City of Dickinson 4403 Highway 3 Dickinson, TX Mechanical installation based on the terms above to be completed for the agreed cost of: $9416 tax exempt Payment schedule is as follows: Due upon completion. X SIGNATURE ACCEPTING TERMS OF CONTRACT 207 W. FM 646, DICKINSON, TX PH. (281) FAX

48 Raymark A/C & Heating, Inc. DBA MARK S SERVICES Hwy. 59 Telephone P.O. Box 168 Fax Porter, Texas City of Dickinson Attention: Facilities February 6, 2019 Re: Compressor Change Out Proposal as Follows: To come out disconnect compressor and remove. To set new compressor in place (crane required) for Carrier condensing unit Model #38AKS Serial #3908G40071 (20 ton 460 volt). To include one (1) 30 cu. liquid line filter drier 5/8, along with two (2) suction side high acid replacement cores. To also add acid away to neutralize residual acid. To evacuate and charge refrigerant. Quote includes soldering materials, fittings as required, 1-year parts and labor warranty. Total Cost: $9, *Excludes additional parts & labor, if required. **Tax Exempt. Thank you, Mark Humphrey President Authorized signature required to start job.

49 RESOLUTION NUMBER XXX-2019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, AUTHORIZING FUNDING FOR A NEW AIR CONDITIONING COMPRESSOR AT CITY HALL; PROVIDING FOR INCORPORATION OF PREAMBLE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, an Air Conditioning Compressor at City Hall is in immediate need of replacement; and WHEREAS, the City has funds available in its Building Maintenance Fund for such repairs and has solicited three quotes in compliance with the City Purchasing Policy; and WHEREAS, staff recommends approval of funding and award of the Quote from Mackey Mechanical in the amount of $8,735 to begin repairs immediately; and WHEREAS, upon review and consideration of all matters attendant and related thereto, the City Council hereby finds and determines that it is in the best interests of the City of Dickinson and its citizens to approve such funding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, THAT: Section 1. The facts and matters set forth in the preamble of this Resolution are hereby found to be true and correct and are incorporated herein and made a part hereof for all purposes. Section 2. The Assistant City Administrator is hereby authorized to take all actions to execute, verify, acknowledge, certify to, file and deliver all such instruments and documents, including change orders up to twenty five percent of the original Quote, to complete the air conditioning repairs at City Hall that are in the judgment of the Assistant City Administrator to be appropriate in order to effect the purposes of the foregoing resolution. Section 3. passage. This Resolution shall become effective immediately upon its DULY PASSED AND APPROVED on this the 12th day of February Julie Masters, Mayor City of Dickinson, Texas ATTEST: APPROVED AS TO FORM AND CONTENT: Alun W. Thomas, City Secretary City of Dickinson, Texas David W. Olson, City Attorney City of Dickinson, Texas CITY OF DICKINSON, TEXAS RESOLUTION NUMBER XXX-2019 Page Solo

50 ITEM 9

51 Dickinson City Council Agenda Item Data Sheet MEETING DATE February 12, 2019 TOPIC: Ordinance Number XXX-2019 BACKGROUND: AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD ON MAY 4, 2019, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY A PROPOSITION RELATING TO THE REAUTHORIZATION OF THE LOCAL SALES AND USE TAX IN THE CITY OF DICKINSON AT THE RATE OF ONE-FOURTH OF ONE PERCENT TO CONTINUE PROVIDING REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS; DESIGNATING ONE (1) ELECTION PRECINCT WITHIN THE CITY; DESIGNATING ONE (1) POLLING PLACE; PROVIDING FOR THE APPOINTMENT OF A PRESIDING ELECTION JUDGE AND ALTERNATE PRESIDING ELECTION JUDGE; ESTABLISHING OTHER PROCEDURES FOR CONDUCTING THE ELECTION; AND PROVIDING AN EFFECTIVE DATE. This is the second reading of this Ordinance. In May of 2011, the voters of the City of Dickinson approved a local sales tax rate of ¼ cent to be used for street maintenance and repair. Under Chapter 327 of the Texas Tax Code, the street maintenance sales tax must be reauthorized by voters every 4 years, as it was in May of This ordinance calls for a special election to be held on May 4, 2019 at which voters can vote For or Against a proposition to reauthorize the sales tax. RECOMMENDATION: Staff recommends approval of the Ordinance. ATTACHMENTS: Ordinance Number XXX-2019 FUNDING ISSUES FINANCE VERIFICATION OF FUNDING: Not applicable Not budgeted Full Amount already budgeted in Account # Funds to be transferred from Acct.# - - SUBMITTING STAFF MEMBER CITY ADMINISTRATOR APPROVAL Alun W. Thomas, City Secretary APPROVAL YES NO ACTIONS TAKEN READINGS PASSED 1 st 2 nd 3 rd PAGE 1 OF 1 OTHER

52 ORDINANCE NUMBER XXX-2019 AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD ON MAY 4, 2019, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY A PROPOSITION RELATING TO THE REAUTHORIZATION OF THE LOCAL SALES AND USE TAX IN THE CITY OF DICKINSON AT THE RATE OF ONE-FOURTH OF ONE PERCENT TO CONTINUE PROVIDING REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS; DESIGNATING ONE (1) ELECTION PRECINCT WITHIN THE CITY; DESIGNATING ONE (1) POLLING PLACE; PROVIDING FOR THE APPOINTMENT OF A PRESIDING ELECTION JUDGE AND ALTERNATE PRESIDING ELECTION JUDGE; ESTABLISHING OTHER PROCEDURES FOR CONDUCTING THE ELECTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in 2011, pursuant to Chapter 327 of the Texas Tax Code, the voters of the City of Dickinson approved a local sales tax rate of one-fourth of one-percent for street maintenance and repair; and WHEREAS, Section of the Texas Tax Code requires that such tax be reauthorized by the voters every four (4) years; and WHEREAS, in May 2015 the voters of the City of Dickinson voted to reauthorize the tax for an additional four (4) years; and WHEREAS, the ballot proposition proposes to reauthorize the local sales and use tax in the City of Dickinson, Texas at the rate of one-fourth of one percent to continue providing revenue for the maintenance and repair of municipal streets; and WHEREAS, the City Council of the City of Dickinson deems it in the best interest of the City to call a special election for the voters to consider a proposition relating to the reauthorization of one-fourth of one percent to continue providing revenue for maintenance and repair of municipal streets; and WHEREAS, the special election is to be submitted to the qualified voters of the City at a special election to be held in the City on Saturday, the 4th day of May, 2019; and WHEREAS, the Texas Election Code is applicable to said election, and in order to comply with said Code, an ordinance should be passed calling the election and establishing the procedures to be followed in said election, and designating the voting place for said election; and WHEREAS, the City of Dickinson (the City ) lies completely within the boundaries of Galveston County; CITY OF DICKINSON, TEXAS ORDINANCE NUMBER XXX-2019 Page 1 of 4

53 NOW, THEREFORE, BE IT ORDAINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS: Section 1. The facts and matters contained in the preamble are hereby found to be true and correct and are incorporated herein and made a part hereof for all purposes. Section 2. Special Election Ordered. A special election shall be held concurrently with the city general municipal election on Saturday, May 4, 2019, at which election there shall be submitted to the qualified voters of the City, for their action thereon, the following proposition regarding the reauthorization of a local sales and use tax in the City of Dickinson at the rate of one-fourth of one percent to continue providing revenue for maintenance and repair of municipal streets. The ballot for the election on such proposition shall conform to the requirements of the Texas Election Code with provision thereon permitting voters to vote "For" or "Against" the proposition. Such proposition is as follows: PROPOSITION No. 1 For or Against: A proposition relating to the reauthorization of the Local Sales and Use Tax in the City of Dickinson at the rate of one-fourth of one percent to continue providing revenue for maintenance and repair of municipal streets. PROPOSICIÓN 1 A Favor o En Contra: Una proposición relacionada con la re-autorización del Impuesto de Ventas y de Uso a un percentage de un cuarto del uno porciento para continuar manteniendo ingresos para el mantenimiento y arreglo de las calles municipales. Section 3. Ballots and Printed Materials. The ballots used for the election shall comply with the Texas Election Code and be in the form provided by the city to the Galveston County Election Officer (the Election Officer ) for use on the voting devices and ballots used by Galveston County. The official ballots, together with such other election materials as are required by the Texas Election shall be printed in both the English and Spanish languages and shall contain such provisions, markings and language as required by law. Section 4. Conduct of Election. The Election Officer and his/her employees and appointees, and the election judges, alternate judges and clerks properly appointed for the election, shall hold and conduct the election in the manner provided by the Election Services Contract and the law governing the holding of general elections in the State of Texas. CITY OF DICKINSON, TEXAS ORDINANCE NUMBER XXX-2019 Page 2 of 4

54 Section 5. Election Precinct and Polling Place. The present boundaries of the City of Dickinson, Texas shall constitute one (1) precinct for the election, and the polls shall be open for voting from 7:00 a.m. until 7:00 p.m. at the following polling places: POLLING PLACE City of Dickinson City Hall 4403 Highway 3 Dickinson, TX Section 6. Early Voting. Early voting by personal appearance shall be conducted by Galveston Elections Division Early Voting Clerk in accordance with the agreement with Galveston County as approved by Resolution of the City Council, and, in accordance with Sections and of the Texas Election Code, the Early Voting Clerk may appoint one or more deputy early voting clerks. Said clerks shall not permit anyone to vote early by personal appearance on any day that is not a regular working day for the Early Voting Clerk s office, and, under no circumstances, shall they permit anyone to vote early by personal appearance at any time when such office is not open to the public. Early voting shall occur at any Galveston County polling location. The Early Voting Clerk shall keep said office open for early voting by personal appearance from 8:00 a.m. until 5:00 p.m. Monday through Friday, on each day except Saturday and Sunday and official City holidays, commencing on Monday, April 22, 2019 and terminating on Tuesday, April 30, Extended hours for Early Voting shall be April 29 and April 30, 2019 from 7:00 a.m. to 7:00 p.m. Early voting shall be conducted in accordance with the requirements of the Texas Election Code. The Early Voting Clerk s mailing address to which ballot applications and ballots voted by mail may be send is Galveston County Clerk, P. O. Box 17253, Galveston, Texas Applications for early voting by mail shall be delivered to the Early Voting Clerk at th Street, Galveston, Texas in accordance with all rules and deadlines established by the Texas Election Code. The Early Voting Clerk, in accordance with the Texas Election Code, shall maintain a roster listing each person who votes early by personal appearance and each person to whom a ballot to be voted by mail is sent. The roster shall be maintained in a form approved by the Secretary of State. All ballots cast shall be counted by an Early Ballot Board. The Early Voting Ballot Board for said election shall be appointed by City Council. All expenditures necessary for the conduct of the election, the purchase of materials, and the employment of all election officials are hereby authorized in accordance with the Texas Election Code. The city secretary is hereby authorized and directed to furnish all necessary election supplies to conduct such election. CITY OF DICKINSON, TEXAS ORDINANCE NUMBER XXX-2019 Page 3 of 4

55 Section 7. Notice of Election. The city secretary is hereby directed to provide notice of this election in accordance with the provisions of the Texas Election Code and returns of such notice shall be made as provided for in said Election Code. The Mayor is empowered to issue all necessary orders and writs for such election, and returns of such election shall be made to the city secretary immediately after the closing of the polls. Section 8. General. The Election Officer shall hold said election in accordance with the Texas Election Code and the Election Services Contract, and only resident qualified voters of the city shall be eligible to vote at said election. Returns of said election shall be made known as soon as possible after the closing of the polls; and the election returns shall be canvassed by the city council not earlier than May 7, 2019 nor later than May 15, The city secretary of the City of Dickinson, in consultation with the city attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Texas Election Code in carrying out and conducting the election, whether or not expressly authorized herein. Section 9. Effective Date; Election Code. This ordinance shall be in full force and effect from and after its passage on the date shown below; provided that if any term or provision of this Ordinance conflicts with, or is inconsistent with, the Texas Elections Code, the Texas Election Code shall govern and control and the Election Officer shall comply with the Texas Elections Code. PASSED AND APPROVED on first reading the 22nd day of January, PASSED AND APPROVED on second reading the day of, PASSED, APPROVED, AND ADOPTED on third and final reading this the day of, Julie Masters, Mayor City of Dickinson, Texas ATTEST: APPROVED AS TO FORM AND CONTENT: Alun W. Thomas, City Secretary City of Dickinson, Texas David W. Olson, City Attorney City of Dickinson, Texas CITY OF DICKINSON, TEXAS ORDINANCE NUMBER XXX-2019 Page 4 of 4

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57 Dickinson City Council Agenda Item Data Sheet MEETING DATE: February 12, 2019 TOPIC: Ordinance Number XXX-2019 AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, CORRECTING A TYPOGRAPHICAL ERROR IN AN AMENDMENT TO CHAPTER 18, ZONING, OF THE CODE OF ORDINANCES OF THE CITY OF DICKINSON, TEXAS AS MADE ON NOVEMBER 11, 2008 BY ORDINANCE NUMBER , TO REPLACE REFERENCES TO 307 FM 646 NORTH WITH THE CORRECT ADDRESS OF 351 FM 646 NORTH; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND: (This is the first of three readings) RECOMMENDATION: On November 11, 2008 the City Council of the City of Dickinson, Texas approved and adopted Ordinance to rezone a property on FM 646 and grant it a Specific Use Permit to allow it to be used for a child daycare facility. The Ordinance incorrectly listed the address for the property as 307 FM 646 North, whereas it should have been 351 FM 646 North. This proposed code change corrects this issue. Staff recommends approval of this Ordinance. ATTACHMENTS: Ordinance Number XXX-2019 FUNDING ISSUES: Not applicable no dollars are being spent or received. Full amount already budgeted in Acct/Project# Not budgeted. FINANCE VERIFICATION OF FUNDING: SUBMITTING STAFF MEMBER: CITY ADMINISTRATOR APPROVAL: Alun W. Thomas, City Secretary APPROVAL YES NO ACTIONS TAKEN READINGS PASSED 1 st 2 nd 3 rd PAGE 1 OF 1 OTHER

58 ORDINANCE NUMBER XXX-2019 AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, CORRECTING A TYPOGRAPHICAL ERROR IN AN AMENDMENT TO CHAPTER 18, ZONING, OF THE CODE OF ORDINANCES OF THE CITY OF DICKINSON, TEXAS AS MADE ON NOVEMBER 11, 2008 BY ORDINANCE NUMBER , TO REPLACE REFERENCES TO 307 FM 646 NORTH WITH THE CORRECT ADDRESS OF 351 FM 646 NORTH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 11, 2008 the City Council of the City of Dickinson, Texas approved and adopted Ordinance to rezone a property and grant it a Specific Use Permit to allow it to be used for a child daycare facility; and WHEREAS, said Ordinance contained a typographical error in the street address of the property, which should have referenced the correct address of 351 FM 646 North and is now in need of correction.. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, THAT: Section 1. The facts and matters set forth in the preamble of this Ordinance are hereby found to be true and correct and are incorporated herein and made a part hereof for all purposes. Section 2. Chapter 18, Zoning, of the Code of Ordinances of the City of Dickinson, Texas is hereby corrected to reflect that the rezoning and the issuance of a Specific Use Permit as ordained under Ordinance pertain to the address of 351 FM 646 North, and that no such rezoning or issuance of Specific Use Permit was intended to apply to the property located at 307 FM 646 North. Section 3. The Official Zoning District Map of the City shall be revised and amended to show the corrections authorized by this Ordinance as provided in Section 2 hereof. Section 4. This Ordinance shall become effective upon final reading and adoption of this Ordinance, in accordance with law. DULY PASSED AND APPROVED on first reading this day of, DULY PASSED AND APPROVED on second and final reading this day of, CITY OF DICKINSON, TEXAS ORDINANCE NUMBER XXX-2019 Page 1 of 2

59 DULY PASSED, APPROVED, AND ADOPTED on third and final reading this day of, 2019 ATTEST: Julie Masters, Mayor City of Dickinson, Texas Alun W. Thomas, City Secretary City of Dickinson, Texas APPROVED AS TO FORM AND CONTENT: David W. Olson, City Attorney City of Dickinson, Texas CITY OF DICKINSON, TEXAS ORDINANCE NUMBER XXX-2019 Page 2 of 2

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61 RESOLUTION NUMBER XXX-2019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT BETWEEN THE CITY OF DICKINSON, TEXAS (CITY), AND GALVESTON COUNTY, TEXAS (COUNTY) FOR THE MILLING OF CASA GRANDE STREET AND FOR THE PROVISION OF HOT MIX ASPHALT MATERIALS FOR THE CITY TO USE FOR REPAVING; PROVIDING FOR THE INCORPORATION OF PREAMBLE; AUTHORIZING EXECUTION OF THE AGREEMENT BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the paving on Casa Grande Street is in poor condition and is therefore in need of repair or replacement; and WHEREAS, the City and County desire to enter into an interlocal Agreement in order to facilitate to repair of the street; and WHEREAS, the Agreement, attached hereto as Exhibit A, would allow for the County to mill the paving on Casa Grande Street and to provide the City with the necessary hot mix asphalt material for the City to properly repave the street; and WHEREAS, the City Council has determined that it is in the best interest of the City of Dickinson to enter into the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, THAT: Section 1. The facts and statements contained in the preamble are hereby found to be true and correct and are incorporated herein and made a part hereof for all purposes. Section 2. The City Council, after review of the terms and conditions of the attached Agreement, hereby approves the terms of the agreement between the City of Dickinson and Galveston County. Section 3. The City Council also authorizes the Mayor to execute, and the City Secretary to attest, on behalf of the City of Dickinson, the agreement and all other documents in connection therewith. Section 4. This Resolution shall become effective immediately upon its passage. DULY PASSED, APPROVED AND ADOPTED on this the 12th day of February, Julie Masters, Mayor City of Dickinson, Texas ATTEST: APPROVED AS TO FORM AND CONTENT: Alun W. Thomas, City Secretary City of Dickinson, Texas David W. Olson, City Attorney City of Dickinson, Texas CITY OF DICKINSON, TEXAS RESOLUTION NUMBER XXX-2019 Page Solo

62 EXHIBIT A TO RESOLUTION XXX-2019

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