CITY COUNCIL REGULAR MEETING THURSDAY, MAY 28, :30 P.M. CITY COUNCIL CHAMBER 2401 MARKET STREET BAYTOWN, TEXAS AGENDA

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1 CITY OF BAYTOWN NOTICE OF MEETING CITY COUNCIL REGULAR MEETING THURSDAY, MAY 28, :30 P.M. CITY COUNCIL CHAMBER 2401 MARKET STREET BAYTOWN, TEXAS AGENDA CALL TO ORDER AND ANNOUNCEMENT OF QUORUM PLEDGE AND INVOCATION Council Member Mercedes Renteria III, District No. One 1. MINUTES a. Consider approving the minutes of the City Council Regular Meeting held on April 23, b. Consider approving the minutes of the City Council Special Meeting held on April 29, c. Consider approving the minutes of the City Council Special Meeting held on April 30, d. Consider approving the minutes of the City Council Special Meeting held on May 07, RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Present a proclamation designating May as Motorcycle Safety and Awareness Month. b. Present a Proclamation designating June as Hurricane Preparedness Month in Baytown. c. Recognize the Baytown Cricket Club for winning the South East Texas Cricket League Spring Tournament on May 3, 2015.

2 d. Recognize City of Baytown Employees for their years of service (5, 10, 15, plus years). 3. MAYOR AND EXXONMOBIL SUMMER YOUTH WORK PROGRAM a. Consider a resolution accepting a donation from Exxon Mobil Corporation in support of the Mayor and ExxonMobil Summer Youth Work Program. b. Consider an ordinance authorizing the 2015 Mayor and ExxonMobil Summer Youth Work Program. 4. PROPOSED ORDINANCES a. Consider an ordinance authorizing a professional service agreement with Transmap Corporation for a pavement condition assessment and asset inventory project. b. Consider an ordinance authorizing Change Order No. 1 to the Texas Ave. Streetscape Phase 2 Project with Jerdon Enterprise, LP. c. Consider an ordinance amending Chapter 38 "Fire Prevention and Protection" of the Code of Ordinances, Baytown, Texas, to repeal Article VI "Fireworks" and to add a new Article VI "Explosives, Fireworks, and Pyrotechnics" in order to provide regulations and permitting requirements for fireworks, pyrotechnics, and explosives within the City's jurisdiction, and amending Section "Fees" of the Code to establish permit fees therefor. d. Consider an ordinance authorizing a refund of utility service overpayments made by Spring Meadow Municipal Utility District. 5. DISCUSSIONS a. Receive and discuss the 2015 Charter Review Committee's Final Report. 6. 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 Amendment No. 8 to the Interlocal Agreement with Harris County for Circulator Bus Service in the City of Baytown.

3 b. Consider an ordinance awarding the Annual Cement Stabilized Sand Contract to Megasand Enterprises Inc. c. Consider an ordinance authorizing the purchase of playground equipment for Bowie School Park Special Needs Playground project from Lone Star Recreation, Inc., representing Landscape Structures, Inc., through the Texas Local Government Purchasing Cooperative (Buy Board). 7. APPOINTMENTS a. Consider six (6) appointments to the Baytown Municipal Development District (MDD). 8. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Section of the Texas Government Code to deliberate the offer of a financial or other incentive to a business prospect that the City seeks to have locate, stay, or expand in or near the City and with which the governmental body is conducting economic development negotiations. 9. MANAGER'S REPORT Notice is hereby given in accordance with Section of the Texas Government Code, the City Council of the City of Baytown may receive a report about items of community interest from City staff and/or a member of the City Council, but no action or possible action shall be taken or discussed concerning the subject of such report, except as provided by Section of the Texas Government Code. a. The Sterling Municipal Library will host its Summer Reading Kickoff on Saturday, June 6, 2015, from 10:00 a.m. - 4:00 p.m. 10. ADJOURN PUBLIC NOTICE IS GIVEN THAT IN ADDITION TO ANY EXECUTIVE SESSION LISTED ABOVE, THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION AT ANY TIME AS AUTHORIZED BY THE TEXAS GOVERNMENT CODE SECTIONS TO DISCUSS ANY OF THE MATTERS LISTED ABOVE. THE CITY OF BAYTOWN IS COMMITTED TO COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT. REASONABLE ACCOMMODATIONS AND EQUAL ACCESS TO COMMUNICATIONS WILL BE PROVIDED UPON REQUEST. FOR ASSISTANCE PLEASE CALL , FAX , OR CONTACT VIA RELAY TEXAS AT 711 OR FOR TYY SERVICES. FOR MORE INFORMATION CONCERNING RELAY TEXAS, PLEASE VISIT:

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5 BAYTOWN CITY COUNCIL MEETING 1. a. Meeting Date: 05/28/2015 Subject: Consider Approving the Minutes of the City Council Regular Meeting held on April 23, Prepared for: Leticia Brysch, City Clerk's Office Prepared by: Omega Jones, City Clerk's Office Department: City Clerk's Office Information ITEM Consider approving the minutes of the City Council Regular Meeting held on April 23, PREFACE Consider approving the minutes of the City Council Regular Meeting held on April 23, 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. April 23, 2015 CC Draft Minutes Attachments

6 D R A F T MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 23, 2015 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, April 23, 2015, at 6:30 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Robert Hoskins David McCartney Chris Presley Terry Sain Stephen H. DonCarlos Ron Bottoms Ignacio Ramirez Leticia Brysch Keith Dougherty Council Member Council Member Council Member Council Member Mayor Acting City Manager City Attorney City Clerk Sergeant at Arms Mayor DonCarlos convened the April 23, 2015, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present with the exception of Council Members Capetillo and Renteria who were both absent. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Hoskins. 1. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Mr. Xavier Herrera requested to appear before the Council to introduce himself as the government/liaison for the Harris County District Clerk's Office and give a brief overview of their services to the community. Mr. Herrera was not present. b. Present a proclamation designating May 2-10, 2015, as National Travel and Tourism Week. Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented a proclamation designating May 2-10, 2015, as National Travel and Tourism Week. c. Present a proclamation designating May 3-9, 2015, as Public Service Recognition Week.

7 City Council Regular Meeting Minutes April 23, 2015 Page 2 of 20 Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented a proclamation designating May 3-9, 2015, as Public Service Recognition Week. d. Recognize City of Baytown Employee's for their years of service (5, 10, 15, plus years). Director of Human Resources, Carol Flynt presented the agenda item and recognized City of Baytown Employee's for their years of service (5, 10, 15, plus years). 5 Years: Meghan Reed - Finance, Budget Officer Jose Pastrana - Director of Engineering Kimberlynn McCormick - Communications, Telecommunicator 25 Years: Daniel Danek - Police, Patrol Officer 35 Years: Roger Clifford - Assistant Police Chief 2. CONTINUATION OF JUVENILE CURFEW ORDINANCE a. Conduct a second public hearing giving all interested persons the right to appear and be heard on the need to continue the City's juvenile curfew ordinance. At 6:53 P.M., Mayor DonCarlos opened and conducted a second public hearing giving all interested persons the right to appear and be heard on the need to continue the City's juvenile curfew ordinance. Acting City Manager Bottoms stated that every three (3) years the City has to update the curfew ordinance which is from 11:00 P.M. to 6:00 A.M., during the week and from midnight to 6:00 A.M., on the weekends. He stated that the ordinance is a tool that the police department uses to assist with monitoring the night hour activities. With there being no one registered to speak, Mayor DonCarlos closed the second public hearing at 6:54 P.M. b. Consider an ordinance continuing the juvenile curfew ordinance found in Chapter 66 "Offenses," Article IV "Curfew for Minors" of the Code of Ordinances, Baytown, Texas. A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,833. The vote was as follows:

8 City Council Regular Meeting Minutes April 23, 2015 Page 3 of 20 Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Mayor Pro Tem Chris Presley Nays: None Other: Council Member Brandon Capetillo (Absent), Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO. 12,833 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CONTINUING CHAPTER 66 "OFFENSES," ARTICLE IV "CURFEW FOR MINORS" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 3. EVERGREEN POINT GOLF COURSE a. Receive a report concerning the Evergreen Point Golf Course feasibility study. Acting City Manager Bottoms presented the agenda item and introduced Mr. Richard Singer of the National Golf Foundation who provided a presentation of the feasibility study of the Evergreen Golf Course. Mr. Singer stated that the National Golf Foundation is a municipal golf facility consultant and they look at opportunities for the public sector to see how golf best fits into the overall community offering. He stated that they looked at the option of continuing to operate the evergreen golf course as it is currently and the option of making significant changes to the property to allow other uses of adjacent properties. He stated that the evergreen golf course has the basic design features and location to be a successful public golf course, but that the City should expect to put capital into significant upgrades and improvements to the property. Mr. Singer stated that in order to bring the property as it is currently to quality status, there will be required renovations and upgrades ranging in the amount from $2.6 million to $5.2 particularly to the greens and overall turf quality as they are the highest priority for replacement. He stated that the clubhouse could be retained but improved with face lift items. He further stated that considering all preliminary expense estimates that the golf course is capable of covering its day-to-day on site expenses, but is not capable of covering the direct cost of any large-scale capital reduction (debt service). He stated that it is likely to operate with a continued need for City subsidies to cover any capital costs associated with acquisition upgrade and reopening. He stated that they provided for recommendation three (3) "As-Is" upgrade programs with estimates of $5.2 for premium, $3.8 for above average, and $2.6 for serviceable. Additionally, he stated that the irrigation system is the highest costs in each program as it keeps the turf in healthy condition and is critical to the property to date.

9 City Council Regular Meeting Minutes April 23, 2015 Page 4 of 20 During further discussion, Mr. Singer stated for consideration purposes that there was a general decline in the overall demand for golf in this local market and the immediate local Baytown area did not show characteristics for high golf participation. He also stated that the history of the participants of the evergreen golf course were from across the Fred Hartman Bridge and not really service the Baytown residents. He stated that they recommended the following for the golf course: to proceed only if direct acquisition expense cold be held to minimum leaving capital for upgrades and renovation; upon acquisition, operate the golf course through Parks & Recreation with Pirates Bay Water Park model so as to maximize community use; take an above-average market placement, targeting both locals and destination golfers; operate with "municipal oriented" programs such as programs with discounts for City residents, beginner programs, leagues, tournaments, outings, and a strong junior program, etc., in which, along with existing customers will help stimulate less-traditional segments to participate in golf; and make an extensive marketing plan with focus on electronic marketing (website, , social media, smartphone, etc.). Mr. Singer stated that they provided a preliminary financial analysis which estimated 29,000 to 38,000 rounds of golf to be played in the period and that the City must adopt a program so playing fees (green fees, cats, prepaid, etc.) are increased regularly to keep up with inflation. He stated that the City should expect the golf maintenance budget to be about $1.1 million for operation and projects facility revenue in the range of $1.3 to $1.5 million between the years of He further stated that the golf course could cover its day-to-day on-site expenses, but probably will not be able to cover large-scale capital cost to acquire and renovate the property. Mr. Singer stated that they considered alternatives to include freeing up some property to allow adjacent development with the idea that the changes would help offset some of the costs. He stated that the change will require construction of seven (7) to twelve (12) new golf holes, but without changes to the basic flow and structure of the property. He stated that this would require more property so the estimated upgrades would be around $8 million. He further stated that anytime adjusting this property is considered, they recommend expanding the practice and the golf learning amenities. During further discussion, Mayor DonCarlos inquired as to who would manage the facility. Mr. Singer stated that they recommended hiring a PGA or golf professional to run the facility as an onsite manager and maybe have some assistant golf professional to assist with the day-to-day operations. Mayor DonCarlos inquired of Mr. Singer if the figures that were submitted included the expansion of the kitchen/dining area for future meetings and if their report included the possibility of expanding the dining area. Mr. Singer stated that their figures did not include an expansion of the clubhouse as part of their review, but that they did look at opportunities for expansion in which the footprint is there for expansion on a smaller scale. Mayor DonCarlos inquired if a residential area surrounding a golf course tends to help maintain the traffic flow of the course and if golfers tend to live near the golf course. Mr. Singer stated that years ago about fifty percent of the participation on the course was from the golf community and currently the participation is about twenty to twenty-five percent. Mayor DonCarlos further stated that he recommended having this course as a first class facility.

10 City Council Regular Meeting Minutes April 23, 2015 Page 5 of 20 Council Member Presley requested a definition of minimal as it relates to NGF s recommendation that the acquisiton expense be minimal and inquired if NGF considered $4 to $5 million minimal for a golf course property with regards to acquisition. In response to Council Member Presley's inquiry, Mr. Singer stated that $4 to $5 million may be a little high and that in their report regarding this type of project they provided a preliminary figure of about $2.5 million based on calculated earnings. Council Member Sain inquired as to what would be reasonable green fees in regards to this project. Mr. Singer stated that their recommended green fees for this project were under the $50 threshold but with flexibility. Council Member Hoskins inquired if it would be advantageous to add another nine (9) hole field somewhere. Mr. Singer stated that an advantage to adding a nine (9) hole would be that it would have the excess demand capacity, but stated that this project is not quite ready for that addition just yet. Mr. Singer also stated that it would be an advantage because if this location has tournaments and outings it would facilitate those events and still allow community residents the opportunity to play on a regular basis, as well as, be used as an educational tool. b. Discuss the redevelopment of the Evergreen Point Golf Course. Mike Fiuzat, Matt Wells and Matt Stoops all registered to speak before the public hearing. Mr. Mike Fiuzat, President and CEO of Foothills Resources, stated that it appears according to some of the maps that it may be areas west of the golf course that could affect in or overlap where Foothills has oil and gas leases and substantial oil and gas infrastructure in its daily operations including wells, tank batteries and flow lines. He requested that as plans move forward with this project that they would have the opportunity to participate in the discussions. Acting City Manager Bottoms stated that during the previous agenda item, the consultant presented a proposed layout on the viability of the course, including the costs of refurbishing/reconfiguring the course and the costs for operating the course. He stated that the City has been working with the buyer of the golf course, as well as the current owner, to accommodate a new housing development and still provide for a municipal owned and operated golf course. He stated that the estimated cost of the proposed new layout of the golf course is $7.8 million and the land acquisition for the redevelopment is at around $4.7 million with a total cost estimated at around $12.5 million. He further stated that the funding source for this project would include a bond election to the voters and the sales tax dollars from the Municipal Development District (MDD) to pay the debt service, so that there is no tax implicated to the community. Mr. Matt Stoops stated that he works with the land planning firm, BGE Kerry Gilbert & Associates, and that one of the first projects that he worked on was the Evergreen Golf Course years ago. He stated that one of their typical features is to have the golf course work around the pods of homes that are developed which integrates the residential and the golf course into a single community. He further stated that their concept design for this project is to have the golf

11 City Council Regular Meeting Minutes April 23, 2015 Page 6 of 20 course wrapped through the residential pods that are developed, as well as maintain the golf course in and around the evergreen fairways. Mayor DonCarlos inquired as to what happens within a project when there is production near developmental areas. In response to Mayor DonCarlos's inquiry, Mr. Stoops stated that they build in landscape buffers around the production site to screen them from view but while maintaining access to the facilities. Mr. Stoops further stated that they have various ways of working around wells on the property and with regards to pipelines found that it s most effective to route pedestrian trails that are independent to roadways through residential communities. Mr. Matt Wells stated that he was representing Texas Capital, the developer of the tracts. He stated that they purchased their first tracts of land that's included in this design back in 2012 because they believed in the economic development in Baytown. He stated that they are planning a mixed use master planned community under one brand with one look and uniformed signage for this project. The consensus of the council members was that they were in favor of moving forward with this project and bringing it before the voters. During further discussion, Mayor DonCarlos stated that there were three (3) different earnest money contracts associated with this project with the one related to agenda item 3.d. being with Hazelwood. He further requested an explanation of the other two (2). Acting City Manager Bottoms stated that in order to move the project further, the city would have to purchase additional property, therefore the contracts are for the purchase of the 198 acres of property which is west of the current golf course from PS II Management, the purchase of property from the Wells for the property that they're purchasing from the Hazelwoods, and for the purchase of the 25 acres of property along evergreen that the Hazelwoods own that's not part of the agreement between them and the Wells. During further discussion, Mayor DonCarlos inquired of Mr. Fiuzat if he had any environmental concerns related to his operations that would be impacted by this project. Mr. Fiuzat state that he wasn't aware of any environment issues that would impact this project, but requested that they be included in the conversation in which they haven't been up to this point. He stated that although he appreciates that the development can work around the infrastructure, there are accessibility issues as well as the everyday traffic regarding the day-to-day operations which is a caution for safety purposes. Council Member McCartney requested of Mr. Wells, if there s an assurance that if a problem arises that the project could still move forward. Mr. Wells stated that all parties involved have plans to work together to make this project happen. He further stated that although the current plan is the general concept, it will change with the overall goal to improve the south side of Baytown. c. Consider an ordinance authorizing an earnest money contract with PS II Management, LLC, for the purchase of approximately 198 acres off of Evergreen Road, out of Tracts 4R and 4T, Abstract 65 of the William Scott Survey, Harris County, Texas.

12 City Council Regular Meeting Minutes April 23, 2015 Page 7 of 20 d. Consider an ordinance authorizing an earnest money contract with Hazelwood Enterprises, Incorporated,, for the purchase of approximately 25 acres off of Evergreen Road, out of Tracts 4I, Abstract 65 of the William Scott Survey, Harris County, Texas. e. Consider an ordinance authorizing an earnest money contract with Wells Holdings, Inc., for the purchase of approximately 124 acres off of Evergreen Road, out of Tracts 4G and 4H, Abstract 65 of the William Scott Survey, Harris County, Texas. Acting City Manager Bottoms stated that agenda items 3.c., 3.d., and 3.e. are necessary for this project to move forward as previously discussed and City Attorney Ignacio Ramirez stated that all three items could be considered together. Mr. Ramirez further stated that all three (3) earnest money contracts are essentially the same in each case with the exception of different acres and prices. However, he stated that they are all contingent upon the city trying to purchase the properties necessary to build the golf course and /or reconfigure it. He further stated that the contingencies are based on the following: the approval from Council, the citizens approval at the bond election, the environmental, the city's inability to purchase the golf course as a whole, and if the city is able to purchase the other two properties for the project. Mr. Ramirez stated that the election will be on November 3rd and a closing set for November 18th or within seven days after any objections with a drop date of December 31st. Council Member Presley stated that the consultants recommended acquisition price was $2.5 to $3 million and the city's acquisition cost is $4.7 and requested an explanation of the discrepancy. He also inquired if the City's cost was the same as Mr. Wells cost on a per acre basis as conveyed from Acting City Manager Bottoms. In response to Council Member Presley's question regarding the city having the same costs as Mr. Wells, Acting City Manager Bottoms stated that to his understanding the City's cost and Mr. Wells costs were the same. In response to the descrepancy inquiry, Mayor DonCarlos stated that the $2.5 million was for purchasing the golf course only and the $4.7 million included the extra tracts of property which was also confirmed for clarity by Mr. Singer. A motion was made by Council Member David McCartney and seconded by Mayor Pro Tem Chris Presley approving Ordinance No. 12,834. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Mayor Pro Tem Chris Presley Nays: None Other: Council Member Brandon Capetillo (Absent), Council Member Mercedes Renteria III (Absent) Approved

13 City Council Regular Meeting Minutes April 23, 2015 Page 8 of 20 ORDINANCE NO. 12,834 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN EARNEST MONEY AGREEMENT WITH PS II MANAGEMENT, LLC, FOR THE PURCHASE OF APPROXIMATELY 198 ACRES OFF OF EVERGREEN ROAD, OUT OF TRACTS 4R AND 4T, ABSTRACT 65 OF THE WILLIAM SCOTT SURVEY, HARRIS COUNTY, TEXAS; AUTHORIZING PAYMENT OF A PURCHASE PRICE FOR SUCH PROPERTY IN AN AMOUNT NOT TO EXCEED ONE MILLION SIX HUNDRED EIGHTY-THREE THOUSAND AND NO/100 DOLLARS ($1,683,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 12,835 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN EARNEST MONEY AGREEMENT WITH HAZELWOOD ENTERPRISES, INCORPORATED, FOR THE PURCHASE OF APPROXIMATELY 25 ACRES OFF OF EVERGREEN ROAD, OUT OF TRACT 41, ABSTRACT 65 OF THE WILLIAM SCOTT SURVEY, HARRIS COUNTY, TEXAS; AUTHORIZING PAYMENT OF A PURCHASE PRICE FOR SUCH PROPERTY IN AN AMOUNT NOT TO EXCEED TWO HUNDRED SEVENTY-SIX THOUSAND THREE HUNDRED TWENTY AND NO/100 DOLLARS ($276,320.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 12,836 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN EARNEST MONEY AGREEMENT WITH TEXAS CAPITAL DEVELOPMENT CORPORATION, INC., FOR THE PURCHASE OF APPROXIMATELY 124 ACRES OFF OF EVERGREEN ROAD, OUT OF TRACTS 4G AND 4H, ABSTRACT 65 OF THE WILLIAM SCOTT SURVEY, HARRIS COUNTY, TEXAS; AUTHORIZING PAYMENT OF A PURCHASE PRICE FOR SUCH PROPERTY IN AN AMOUNT NOT TO EXCEED TWO MILLION SEVEN HUNDRED TWENTY-EIGHT THOUSAND AND NO/100 DOLLARS ($2,728,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

14 City Council Regular Meeting Minutes April 23, 2015 Page 9 of 20 f. Consider a resolution expressing the City Council's intent to call a bond election for the purchase of property for a golf course and related amenities together with the construction, reconfiguration and/or renovation of the same no earlier than 90 days prior to the November 3rd municipal election. Ms. Kelly Haas registered to speak before the public hearing. She stated that she's a resident of Evergreen Fairways and asked that during the negotiations and purchase of land that the City place a deed restriction that the property would be used as a golf course and/or a green space to guarantee that the unique integrity and environment of their neighborhood that is currently there remains. She further stated that the home owners filed a lawsuit, but if there s a written guarantee in the deed or some sort of preservation that the area around their neighborhood is going to be a green space than the lawsuit would be dropped. Mayor DonCarlos inquired for clarity that once the land is acquired that it would be dedicated as a park. Acting City Manager Bottoms stated for clarity that the land would be dedicated as a park. A motion was made by Council Member David McCartney and seconded by Mayor Pro Tem Chris Presley approving Resolution No The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Mayor Pro Tem Chris Presley Nays: None Other: Council Member Brandon Capetillo (Absent), Council Member Mercedes Renteria III (Absent) Approved RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, EXPRESSING TO CALL A BOND ELECTION FOR THE PURCHASE OF PROPERTY FOR A GOLF COURSE AND RELATED AMENITIES TOGETHER WITH THE CONSTRUCTION, RECONFIGURATION AND/OR RENOVATION OF THE SAME NO EARLIER THAN NINETY (90) DAYS PRIOR TO THE NOVEMBER 3 RD MUNICIPAL ELECTION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

15 City Council Regular Meeting Minutes April 23, 2015 Page 10 of REZONING OF APPROXIMATELY 209 ACRES OF LAND FROM OPEN SPACE/RECREATION (OR) TO MIXED RESIDENTIAL AT LOW TO MEDIUM DENSITIES DISTRICT (SF2) a. Conduct a public hearing concerning a proposed amendment to the official zoning map to rezone approximately 209 acres, located at 1530 Evergreen Road and legally described as tracts 4A, 4G, and 4H, William Scott Survey, Abstract No. 65, Harris County, Texas, more commonly known as Evergreen Point Golf Club from an Open Space/Recreation (OR) District to a Mixed Residential at Low to Medium Densities (SF2) District. At 8:59 P.M., Mayor DonCarlos opened and conducted a public hearing concerning a proposed amendment to the official zoning map to rezone approximately 209 acres, located at 1530 Evergreen Road and legally described as tracts 4A, 4G, and 4H, William Scott Survey, Abstract No. 65, Harris County, Texas, more commonly known as Evergreen Point Golf Club from an Open Space/Recreation (OR) District to a Mixed Residential at Low to Medium Densities (SF2) District. Director of Planning and Development, Tiffany Foster stated that this item is the public hearing to rezone the 209 acres of the existing golf course from open space recreational to single family 2 which allows for residential housing as well as a golf course. She stated that the Planning and Zoning Commission voted to recommend approval to City Council to amend the zoning district designation from OR to SF2. Cathy Kemper, Robert Pelle, John Hellums, Tim Hazelwood, Steve Rech, and Kay Hazelwood all registered to speak before the public hearing. Ms. Cathy Kemper passed on speaking before the public hearing. Mr. Robert Pelle stated that he's a resident of Evergreen Fairways and that he still has concerns about the uncertainties. He stated that he recommended that any new development adjacent to the golf course be protected either through deed restrictions or zoning. He stated that the golf course should be rezoned as open space recreational which protects the site and all of the property values on both sides of the golf course. He stated that there are not enough answers to make a decision whether to rezone to SF2 and recommended to table this item until there's more information. Mr. John Hellums stated that he's a resident of Evergreen Fairways and also a board member of the Evergreen Fairways Homeowners Association. He stated that he supports the decision to keep the golf course open. Mr. Tim Hazelwood stated that Hazelwood Enterprises Inc., (HEI) have tried to keep the facility going, but it has become too much of a burden to continue to operate, therefore they support the rezoning of the property to SF2 in order to move forward with the project. Mr. Steve Rech and Ms. Kay Hazelwood both passed on the opportunity to speak.

16 City Council Regular Meeting Minutes April 23, 2015 Page 11 of 20 At 9:09 P.M., Mayor DonCarlos closed the public hearing. b. Consider an ordinance regarding a proposed amendment to the official zoning map to rezone approximately 209 acres, located at 1530 Evergreen Road and legally described as tracts 4A, 4G, and 4H, William Scott Survey, Abstract No. 65, Harris County, Texas, more commonly known as Evergreen Point Golf Club from an Open Space/Recreation (OR) District to a Mixed Residential at Low to Medium Densities (SF2) District. Mayor DonCarlos stated that there's been a considerable amount of work done to answer the concerns of the Evergreen residents on this matter, particularly in regards to the earnest money contracts which means that nothing happens on this property until the public votes to spend the money to maintain and keep the golf course in place. He stated that he supports the rezoning of the property to allow for the project to move forward. Additionally, Mayor DonCarlos stated that although this is a lot of money for the project, there's a solid financial plan where the project can move forward without a tax increase, therefore this will not be an additional burden to the residents at all. A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,837. The vote was made by a show of raising their right hands as follows: Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Mayor Pro Tem Chris Presley Nays: None Other: Council Member Brandon Capetillo (Absent), Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO. 12,837 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO REZONE APPROXIMATELY 209 ACRES, LOCATED AT 1530 EVERGREEN ROAD AND LEGALLY DESCRIBED AS TRACTS 4A, 4G, AND 4H, WILLIAM SCOTT SURVEY, ABSTRACT NO. 65, HARRIS COUNTY, TEXAS, MORE COMMONLY KNOWN AS EVERGREEN POINT GOLF CLUB FROM AN OPEN SPACE/RECREATION (OR) DISTRICT TO A MIXED RESIDENTIAL AT LOW TO MEDIUM DENSITIES (SF2) DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.

17 City Council Regular Meeting Minutes April 23, 2015 Page 12 of PROPOSED ORDINANCES a. Consider an ordinance awarding a construction contract for the 2007 Street Bond Program - Year 6, to Angel Brothers Enterprises, Ltd. A motion was made by Mayor Pro Tem Chris Presley and seconded by Council Member David McCartney approving Ordinance No. 12,838. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member David McCartney, Council Member Terry Sain, Mayor Pro Tem Chris Presley Nays: None Other: Council Member Brandon Capetillo (Absent), Council Member Robert C. Hoskins (Abstain), Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO. 12,838 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 2007 STREET BOND PROGRAM, YEAR 6 IN AN AMOUNT NOT TO EXCEED FOUR MILLION ONE HUNDRED TWENTY-NINE THOUSAND THIRTY-ONE AND NO/100 DOLLARS ($4,129,031.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the Public Highway At-Grade Crossing Improvement Agreement with Union Pacific Railroad Company for the relocation and upgrade of the warning equipment at the existing North Main and Lobit Street crossing. Acting City Manager Bottoms presented the agenda item and stated that Ordinance No. 12,839 authorizes the Public Highway At-Grade Crossing Improvement Agreement with Union Pacific Railroad Company ("UPRR") for the improvements at the existing North Main and Lobit Street crossing to get the credits necessary from safety perspective to establish the quiet zone. He stated that the estimated cost due to UPRR under this agreement is $225,000 and there will be additional costs on the City's end. A motion was made by Mayor Pro Tem Chris Presley and seconded by Council Member David McCartney approving Ordinance No. 12,839. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Mayor Pro Tem Chris Presley

18 City Council Regular Meeting Minutes April 23, 2015 Page 13 of 20 Nays: None Other: Council Member Brandon Capetillo (Absent), Council Member Mercedes Renteria III (Absent) Approved ORDINANCE NO. 12,839 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE ACTING CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE PUBLIC HIGHWAY AT-GRADE CROSSING IMPROVEMENT AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY FOR THE RELOCATION AND UPGRADE OF THE WARNING EQUIPMENT AT THE EXISTING NORTH MAIN AND LOBIT STREET CROSSING; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWO HUNDRED TWENTY-FIVE THOUSAND TWO HUNDRED FIFTY-NINE AND NO/100 DOLLARS ($225,259.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. PROPOSED RESOLUTIONS a. Consider a resolution suspending CenterPoint Energy's proposed effective date related to its Statement of Intent to increase rates filed on or about March 27, 2015, and authorizing participation in Texas Coast Utilities Coalition, a coalition of similarly situated municipalities represented by the law firm of Herrera & Boyle, PLLC. Assistant Attorney, Karen Horner stated that the City received the statement of intent to increase rates on March 27, 2015, and that the City have the options to take no action and on May 01, 2015, CenterPoint s proposed rates go into effect; deny CenterPoint s proposed increase in rates; or suspend CenterPoint s proposed effective date for 90 days to allow for review of CenterPoint s proposed increase through exercise of the City s original jurisdiction over CenterPoint s rates, services, and operations within the City. A motion was made by Council Member Robert C. Hoskins and seconded by Mayor Pro Tem Chris Presley approving Resolution No to suspend the rates for 90 days. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Mayor Pro Tem Chris Presley Nays: None

19 City Council Regular Meeting Minutes April 23, 2015 Page 14 of 20 Other: Council Member Brandon Capetillo (Absent), Council Member Mercedes Renteria III (Absent) Approved RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SUSPENDING THE EFFECTIVE DATE FOR NINETY (90) DAYS IN CONNECTION WITH THE STATEMENT OF INTENT FILED BY CENTERPOINT ENERGY RESOURCES CORP., D/B/A CENTERPOINT ENERGY ENTEX AND CENTERPOINT ENERGY TEXAS GAS TEXAS COAST DIVISION ON OR ABOUT MARCH 27, 2015; AUTHORIZING PARTICIPATION IN A COALITION OF SIMILARLY SITUATED CITIES; AUTHORIZING PARTICIPATION IN RELATED RATE PROCEEDINGS; AUTHORIZING THE RETENTION OF SPECIAL COUNSEL; REQUIRING THE REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. REPORTS a. Receive the City of Baytown's Quarterly Financial and Investment Reports for the Quarter Ending March 31, Finance Director, Louise Richman presented the agenda item and stated that the sales tax for the first six (6) months were 18% ahead of last year, as well as, doing 6% better than budgeted. She stated with regards to the revenues that the property tax, general funds, and the debt service funds are approximately $1.3 million higher than the same period last year. She stated that the water and sewer fund is at 52% of budget and that the aquatics numbers will begin in May. She further stated that the expenditures were tracking according to budget. Additionally, Ms. Richman stated that the portfolio was just under $144 million with a yield of.1863%. 8. CONSENT A motion was made by Mayor Pro Tem Chris Presley and seconded by Council Member David McCartney approving the consent agenda items 8.a. through 8.k. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Mayor Pro Tem Chris Presley Nays: None

20 City Council Regular Meeting Minutes April 23, 2015 Page 15 of 20 Other: Council Member Brandon Capetillo (Absent), Council Member Mercedes Renteria III (Absent) Approved a. Consider an ordinance authorizing an Industrial District Agreement with Home Depot U.S.A., Inc. ORDINANCE NO. 12,840 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 HOME DEPOT U.S.A., INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing an Industrial District Agreement with JSW Steel (USA) Inc. ORDINANCE NO. 12,841 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 JSW STEEL (USA) INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance authorizing the renewal of the Annual Concrete Raising Services Contract to Superior Grouting Services, Inc. ORDINANCE NO. 12,842 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL CONCRETE RAISING CONTRACT WITH SUPERIOR GROUTING SERVICES, INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE SUM OF ONE HUNDRED SIXTY THOUSAND AND NO/100 DOLLARS ($160,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing the renewal of the Annual No-Lead Brass Fittings Contract to ACT Pipe and Supply, Inc.

21 City Council Regular Meeting Minutes April 23, 2015 Page 16 of 20 ORDINANCE NO. 12,843 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL NO-LEAD BRASS FITTINGS CONTRACT WITH ACT PIPE AND SUPPLY, INC., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED NINETY-FOUR THOUSAND ONE HUNDRED FIVE AND 20/100 DOLLARS ($94,105.20); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the renewal of the Annual Wood Grinding and Material Handling Services Contract with Novus Wood Group, L.P. ORDINANCE NO. 12,844 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE WOOD GRINDING AND MATERIAL HANDLING SERVICES CONTRACT WITH NOVUS WOOD GROUP, L.P., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWO HUNDRED TWENTY-THREE THOUSAND TWO HUNDRED FIVE AND NO/100 DOLLARS ($223,205.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing the closeout, final payment and release of retainage for the Emmett Hutto Signal Improvements Project. ORDINANCE NO. 12,845 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE EMMETT HUTTO SIGNAL IMPROVEMENTS PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF SIXTY- NINE THOUSAND EIGHT HUNDRED EIGHTY-EIGHT AND 40/100 DOLLARS ($69,888.40) TO SOUTHWEST SIGNAL SUPPLY, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider a proposed ordinance granting a pipeline permit to Exxon Mobil Corporation.

22 City Council Regular Meeting Minutes April 23, 2015 Page 17 of 20 ORDINANCE NO. 12,846 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A PIPELINE PERMIT TO EXXON MOBIL CORPORATION TO INSTALL ONE NEW TWELVE-INCH PIPELINE IN AN EXISTING PIPELINE COORIDOR; 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 approving expenditure through the Texas Local Government Purchasing Cooperative (Buyboard) with Progressive Commercial Aquatics, Inc., to purchase and install the Town Square Fountain. ORDINANCE NO. 12,847 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THIRTY-EIGHT THOUSAND FORTY-FIVE AND NO/100 DOLLARS ($438,045.00) TO PROGRESSIVE COMMERCIAL AQUATICS, INC., THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD) FOR THE PURCHASE AND INSTALLATION OF THE TOWN SQUARE FOUNTAIN MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance approving a budget amendment to the Baytown Crime Control and Prevention District s Fiscal Year Budget for expenditures related to election services for the Baytown Crime Control and Prevention District's continuation election to be held on Tuesday, November 03, ORDINANCE NO. 12,848 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING BUDGET AMENDMENTS TO THE FISCAL YEAR BUDGET SUBMITTED BY THE BOARD OF DIRECTORS OF THE BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance approving the reprogramming of funds contained in the Baytown Fire Control, Prevention, and Emergency Medical Services District s Fiscal Year Budget for (1) expenditures related to election services for the Baytown Fire Control, Prevention, and Emergency Medical Services District's continuation election to be held on Tuesday, November 03, 2015, and (2) for the purchase of one (1) 2015 Chevrolet C3500 Diesel Chassis with a Frazer Type I 12' Box.

23 City Council Regular Meeting Minutes April 23, 2015 Page 18 of 20 ORDINANCE NO. 12,849 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING A BUDGET AMENDMENT TO THE FISCAL YEAR BUDGET SUBMITTED BY THE BOARD OF DIRECTORS OF THE BAYTOWN FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider an ordinance authorizing the purchase of one (1) 2015 Chevrolet C liter Diesel Chassis and Frazer Type 1 12 Generator Powered Module through the Houston-Galveston Area Council for the Baytown Fire Department. ORDINANCE NO. 12,850 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED THIRTY- NINE THOUSAND SEVENTY-FIVE AND NO/100 DOLLARS ($139,075.00) TO KNAPP CHEVROLET, INC., THROUGH THE HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF A 2015 CHEVROLET C LITER DIESEL CHASSIS AND FRAZER TYPE 1 12 GENERATOR POWERED MODULE FOR THE FIRE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 9. MANAGER'S REPORT a. Pirates Bay Water Park opens for its sixth season on Saturday, May 2 nd. The water park will be open weekends in May including Memorial Day. Daily operations begin Saturday, June 6 th from 10:00 A.M. to 7:00 P.M. Acting City Manager Bottoms presented the agenda item and stated that the Pirates Bay Water Park opens for its sixth season on Saturday, May 2 nd. He stated that the water park will be open weekends in May including Memorial Day and begin its daily operations Saturday, June 6 th. b. The City of Baytown Parks and Recreation Department will celebrate Arbor Day on Friday, April 24, 2015, at the Eddie V. Gray Wetlands Education and Recreation Center from 9:00 A.M. to 4:00 P.M. Acting City Manager Bottoms stated that the City of Baytown Parks and Recreation Department will celebrate Arbor Day on Friday, April 24, The event will begin at 9:00 A.M. to 4:00 P.M. at the Eddie Gray Wetlands Center located at 1724 Market Street.

24 City Council Regular Meeting Minutes April 23, 2015 Page 19 of 20 c. The 34th Annual Baytown Special Olympics Track Meet will be held on Saturday, April 25, 2015, at the Goose Creek Memorial Stadium, 6001 East Wallisville Road, Baytown, Texas. Acting City Manager Bottoms stated that the 34th Annual Baytown Special Olympics Track Meet will be held on Saturday, April 25th, at the Goose Creek Memorial Stadium, located at 6001 East Wallisville Road. Opening Ceremonies will begin at 9:30 A.M. 10. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Section of the Texas Government Code to seek the advice of the City Attorney on legal matters concerning a Chapter 380 Economic Development Agreement and land use issues. b. Recess into and conduct an executive session pursuant to Texas Government Code, Section to deliberate the potential purchase of real property for an economic development project. At 9:25 P.M., Mayor DonCarlos recessed into and conducted an executive session pursuant to Section of the Texas Government Code to seek the advice of the City Attorney on legal matters concerning a Chapter 380 Economic Development Agreement and land use issues and pursuant to Texas Government Code, Section to deliberate the potential purchase of real property for an economic development project. At 9:52 P.M., Mayor DonCarlos reconvened the Open Meeting of the City Council Regular Meeting and announced that in accordance with Section of the Texas Open Meetings Act, no action was taken in the Executive Session. 11. MOTIONS a. Consider approving Dereck Todd, Rick Davis, Ron Bottoms, Susan Guthrie and Vince Capell as the five (5) finalists for the position of City Manager. Mayor DonCarlos stated that Dereck Todd was removed from this item as he was hired at another city; therefore the motion would be to approve Ron Bottoms, Rick Davis, Susan Guthrie and Vince Capell as the four (4) finalists for the position of City Manager. A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving the names of the four finalists for the position of City Manager: Ron Bottoms, Rick Davis, Susan Guthrie, and Vince Capell. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Mayor Pro Tem Chris Presley

25 City Council Regular Meeting Minutes April 23, 2015 Page 20 of ADJOURN Nays: None Other: Council Member Brandon Capetillo (Absent), Council Member Mercedes Renteria III (Absent) Approved A motion was made by Council Member Robert C. Hoskins and seconded by Mayor Pro Tem Chris Presley adjourning the April 23, 2015, City Council Regular Meeting. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Terry Sain, Mayor Pro Tem Chris Presley Nays: None Other: Council Member Brandon Capetillo (Absent), Council Member Mercedes Renteria III (Absent) Approved With there being no further business to discuss, Mayor DonCarlos adjourned the April 23, 2015, City Council Regular Meeting at 9:52 P.M. Leticia Brysch, City Clerk City of Baytown

26 BAYTOWN CITY COUNCIL MEETING 1. b. Meeting Date: 05/28/2015 Subject: Consider Approving the Minutes of the City Council Special Meeting held on April 29, Prepared for: Leticia Brysch, City Clerk's Office Prepared by: Omega Jones, City Clerk's Office Department: City Clerk's Office Information ITEM Consider approving the minutes of the City Council Special Meeting held on April 29, PREFACE Consider approving the minutes of the City Council Special Meeting held on April 29, 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 the item. Attachments April 29, 2015 Draft City Council Special Meeting

27 D R A F T MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 29, 2015 The City Council of the City of Baytown, Texas, met in a Special Meeting on Wednesday, April 29, 2015, at 1:10 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Brandon Capetillo Robert Hoskins David McCartney Chris Presley Terry Sain Council Member Council Member Council Member Council Member Council Member Stephen H. DonCarlos Mayor Kevin Troller Leticia Brysch Deputy City Manager City Clerk Mayor DonCarlos convened the April 29, 2015, City Council Special Meeting with a quorum present at 1:10 P.M., all members were present with the exception of Council Member Renteria who was absent. 1. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Section of the Texas Government Code to deliberate the appointment of a City Manager. At 1:10 P.M., Mayor DonCarlos recessed into and conducted an executive session pursuant to Section of the Texas Government Code to deliberate the appointment of a City Manager.

28 City Council Special Meeting Minutes April 29, 2015 Page 2 of 2 At 4:27 P.M., Mayor DonCarlos reconvened the Open Meeting of the City Council Regular Meeting and announced that in accordance with Section of the Texas Open Meetings Act, no action was taken in the Executive Session. 2. ADJOURN With there being no further business to discuss, Mayor DonCarlos adjourned the April 29, 2015, City Council Special Meeting at 4:27 P.M. Leticia Brysch, City Clerk City of Baytown

29 BAYTOWN CITY COUNCIL MEETING 1. c. Meeting Date: 05/28/2015 Subject: Consider Approving the Minutes of the City Council Special Meeting held on April 30, Prepared for: Leticia Brysch, City Clerk's Office Prepared by: Omega Jones, City Clerk's Office Department: City Clerk's Office Information ITEM Consider approving the minutes of the City Council Special Meeting held on April 30, PREFACE Consider approving the minutes of the City Council Special Meeting held on April 30, 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. Attachments April 30, 2015 Draft City Council Special Meeting Minutes

30 D R A F T MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 30, 2015 The City Council of the City of Baytown, Texas, met in a Special Meeting on Thursday, April 30, 2015, at 10:08 A.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Brandon Capetillo Robert Hoskins David McCartney Chris Presley Terry Sain Council Member Council Member Council Member Council Member Council Member Stephen H. DonCarlos Mayor Leticia Brysch City Clerk Mayor DonCarlos convened the April 30, 2015, City Council Special Meeting with a quorum present at 10:08 A.M., all members were present with the exception of Council Member Renteria who was absent and Council Member Sain who was arrived late. 1. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Section of the Texas Government Code to deliberate the appointment of a City Manager. At 10:08 A.M., Mayor DonCarlos recessed into and conducted an executive session pursuant to Section of the Texas Government Code to deliberate the appointment of a City Manager. At 4:27 P.M., Mayor DonCarlos reconvened the Open Meeting of the City Council Regular Meeting and announced that in accordance with Section of the Texas Open Meetings Act, no action was taken in the Executive Session.

31 City Council Special Meeting Minutes April 30, 2015 Page 2 of 2 2. ADJOURN With there being no further business to discuss, Mayor DonCarlos adjourned the April 30, 2015, City Council Special Meeting at 4:27 P.M. Leticia Brysch, City Clerk City of Baytown

32 BAYTOWN CITY COUNCIL MEETING 1. d. Meeting Date: 05/28/2015 Subject: Consider Approving the minutes of the City Council Special Meeting held on May 07, Prepared for: Leticia Brysch, City Clerk's Office Prepared by: Omega Jones, City Clerk's Office Department: City Clerk's Office Information ITEM Consider approving the minutes of the City Council Special Meeting held on May 07, PREFACE Consider approving the minutes of the City Council Special Meeting held on May 07, 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. Attachments May 07, 2015 Draft City Council Special Meeting Minutes

33 D R A F T MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN May 07, 2015 The City Council of the City of Baytown, Texas, met in a Special Meeting on Thursday, May 07, 2015, at 5:01 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Brandon Capetillo Robert Hoskins David McCartney Chris Presley Terry Sain Council Member Council Member Council Member Council Member Council Member Stephen H. DonCarlos Mayor Ron Bottoms Ignacio Ramirez Leticia Brysch Keith Dougherty Acting City Manager City Attorney City Clerk Sergeant at Arms Mayor DonCarlos convened the May 07, 2015, City Council Special Meeting with a quorum present at 5:01 P.M., all members were present with the exception of Council Member Renteria who was absent. 1. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Section of the Texas Government Code to deliberate the appointment of a City Manager. At 5:01 P.M., Mayor DonCarlos recessed into and conducted an executive session pursuant to Section of the Texas Government Code to deliberate the appointment of a City Manager.

34 City Council Special Meeting Minutes May 07, 2015 Page 2 of 2 At 6:03 P.M., Mayor DonCarlos reconvened the Open Meeting of the City Council Regular Meeting and announced that in accordance with Section of the Texas Open Meetings Act, no action was taken in the Executive Session. 2. ADJOURN With there being no further business to discuss, Mayor DonCarlos adjourned the May 07, 2015, City Council Special Meeting at 6:03 P.M. Leticia Brysch, City Clerk City of Baytown

35 BAYTOWN CITY COUNCIL MEETING 2. a. Meeting Date: 05/28/2015 Subject: Present a Proclamation designating May as Motorcycle Safety and Awareness Month. Prepared by: Rachel Philo, Administration Department: Administration Information ITEM Present a proclamation designating May as Motorcycle Safety and Awareness Month. PREFACE May kicks off Motorcycle Safety Awareness Month, an initiative supported by the National Highway Traffic Safety Administration (NHTSA). With the arrival of spring, motorcycle riders are hitting the highways and byways, and this serves as a reminder to all drivers to be mindfully aware to share the road. According to NHTSA, motorcyclists were 25 times more likely than passenger vehicle occupants to die in a crash and five times more likely to be injured based on miles traveled. The risks are real. Motorcycle safety is a two-way street. Automobile drivers need to be vigilant to look for motorcycles, recognizing that motorcyclists have all the same rights and privileges. But, they can be harder to see, behave differently, and are far more vulnerable to road hazards and impacts. Simple things like always using your turn signal, even if you don't see another vehicle around, and scrupulously checking mirrors and blind spots before changing lanes can avert disaster. Motorcycle riders need to likewise be mindful that they are at risk. Following the lessons learned in motorcycle safety courses goes a long way to reduce danger. Situational awareness is key, as is simply staying visible. Generous following distances, bright-colored clothing and DOT-compliant helmets do make a difference. RECOMMENDATION

36 BAYTOWN CITY COUNCIL MEETING 2. b. Meeting Date: 05/28/2015 Subject: Present a Proclamation designating June as Hurricane Preparedness Month in Baytown. Prepared by: Rachel Philo, Administration Department: Administration Information ITEM Present a Proclamation designating June as Hurricane Preparedness Month in Baytown. PREFACE Hurricanes are an annual threat to the Gulf Coast and have been since recorded history. These tropical cyclones have caused billions of dollars in damages, and taken thousands of American lives across the past 100 years. Damage from hurricanes can be reduced and even prevented by acknowledging their threat and preparing homes, businesses and communities for their impact. Actions such as shielding glass windows with plywood or shutters, reinforcing garage doors, and building structures to withstand hurricane wind forces all reduce the impact, cost and human tragedy. Hurricane season starts on June 1st and ends November 31st every year. Predictions as to the number of hurricanes in a given season are really meaningless, since the only storm that truly matters to a community is the one that hits them. Mayor DonCarlos and the City Council encourage all Baytonians to prepare their families, homes and businesses for the annual threat of hurricanes. RECOMMENDATION

37 BAYTOWN CITY COUNCIL MEETING 2. c. Meeting Date: 05/28/2015 Subject: Recognize the Baytown Cricket Club for winning the South East Texas Cricket League Spring Tournament Prepared for: Scott Johnson, Parks and Recreation Prepared by: Scott Johnson, Parks and Recreation Department: Parks and Recreation Information ITEM Recognize the Baytown Cricket Club for winning the South East Texas Cricket League Spring Tournament on May 3, PREFACE The Baytown Cricket Club representative, Sanjay Pipalia, provided the following information: The Wayne Gray Sports Complex has been a great boon to the Baytown Cricket Club. The City Council provided a perfect facility where the game of cricket thrives and entertains our cricket loving community in Baytown and the surrounding area. The Baytown Cricket Club is part of the South East Texas Cricket League (SETCL), which includes 7 teams from Lake Charles, Beaumont, Port Arthur and Baytown. Weekly practices, as well as league tournaments, are held at the Baytown pitch. We were greatly honored to host the finals of SETCL spring tournament, which was played on May 3, 2015, between the Baytown Cricket Club and the Lake Charles Eagles. It was an exciting and fun-filled match, ultimately won by the Baytown Cricket Club. Batting first, after winning the toss, the Lake Charles Eagles posted a score of 106 runs in 20 overs. In reply, Baytown reached the target in 18 overs and won the match by 4 wickets. The whole team played very well and it was a team effort to bring the trophy home. The Baytown Cricket Club is grateful to the City of Baytown for providing this wonderful and very useful facility. RECOMMENDATION Team Picture Attachments

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40 BAYTOWN CITY COUNCIL MEETING 2. d. Meeting Date: 05/28/2015 Subject: Service Awards Prepared for: Carol Flynt, Human Resources Prepared by: Samantha Villalon, Human Resources Department: Human Resources Information ITEM Recognize City of Baytown Employees for their years of service (5, 10, 15, plus years). PREFACE 5 YEAR HIRE DATE DEPT POSITION Jose Garza 5/3/2010 Health Storm Water Engineer Hanchal Small 5/4/2010 Public Works Equipment Operator - Streets & Drainage Francis Coronado 5/10/2010 Health Administrative Support Specialist Adam Beaty 5/24/2010 Public Works Wastewater Operator II Robert Hernandez 5/28/2010 Health Mosquito Control Technician 10 YEAR HIRE DATE DEPT POSITION Alfred Duran 5/2/2005 Fire Lieutenant 15 YEAR HIRE DATE DEPT POSITION Teresa McArthur 5/9/2000 Police Jail Supervisor David Holland 5/16/2000 Police Patrol Officer Chad Billeaud 5/16/2000 Police Patrol Officer Suzanne McDonald 5/16/2000 Police Detention Officer Edgar Elizondo 5/22/2000 Police Patrol Officer 20 YEAR HIRE DATE DEPT POSITION Ronald Mullen 5/1/1995 Public Works Wastewater Operator III Gerald Gutierrez 5/16/1995 Public Works Wastewater Superintendent 25 YEAR HIRE DATE DEPT POSITION Celia Martinez 4/16/1990 Library Circulation Services Supervisor James Burgess 5/31/1990 Fire Equipment Operator RECOMMENDATION

41 BAYTOWN CITY COUNCIL MEETING 3. a. Meeting Date: 05/28/2015 Subject: Consider accepting a donation from Exxon Mobil Corporation in the amount of $50,000 Prepared for: Ron Bottoms, City Management Prepared by: Leticia Brysch, City Clerk's Office Department: City Management Information ITEM Consider a resolution accepting a donation from Exxon Mobil Corporation in support of the Mayor and ExxonMobil Summer Youth Work Program. PREFACE This proposed resolution accepts a $50,000 donation from Exxon Mobil Corporation in support of the Mayor and ExxonMobil Summer Youth Work Program. 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): Donation will be used to fund Summer Youth Work Program. Resolution - Accepting Donation Attachments

42 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 28 th day of May, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney \\cobfs01\legal\karen\files\city Council\Resolutions\2015\May 28\AcceptingDonation4SummerYouthProgram.doc

43 BAYTOWN CITY COUNCIL MEETING 3. b. Meeting Date: 05/28/2015 Subject: Consider Authorizing the 2015 Mayor and ExxonMobil Summer Youth Work Program. Prepared for: Ron Bottoms, City Management Prepared by: Leticia Brysch, City Clerk's Office Department: City Management Information ITEM Consider an ordinance authorizing the 2015 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 eight years, the Program has served over 200 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 other critical and helpful 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 200 students served, all have graduated high school and over 70% have continued to college. Of the 70% attending college, 50% of them 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, Comcast, 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 25 students and assign them to various departments throughout the City. The Program runs from June 22 to August 14, The cost of the Program will be provided solely through donations and is not expected to exceed $100,000. No City funds will be used to support this program. RECOMMENDATION

44 Staff recommends approval. Ordinance - Summer Youth Program Attachments

45 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 eight (8) years the Mayor and ExxonMobil Summer Youth Work Program (the Program ) has served over 200 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 2015, 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 22, 2015, 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 28 th 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\Council Meeting PDF's\2015\May 28\MayorsSummerYouthProgram.doc

46 BAYTOWN CITY COUNCIL MEETING 4. a. Meeting Date: 05/28/2015 Subject: Consider an Ordinance Authorizing a Professional Service Agreement for a Pavement Condition Assessment and Asset Inventory Project. Prepared for: Jose Pastrana, Engineering Prepared by: Linda Newsted, Engineering Department: Engineering Information ITEM Consider an ordinance authorizing a professional service agreement with Transmap Corporation for a pavement condition assessment and asset inventory project. PREFACE This ordinance authorizes a professional service agreement with Transmap Corporation for a pavement condition assessment and asset inventory project in the amount of $195, Three firms submitted qualifications and made presentations to City staff in Engineering and Public Works. Below is a complete list of objectives for this project: Complete a citywide pavement condition assessment Raw data will be collected of 320 centerline miles of street in Baytown using an ON-SIGHT HD mapping vehicle. Using the new Laser Crack Measurement System (LCMS), advanced inspections of the street including the International Roughness Index (IRI) and rutting data will be completed. The pavement condition will be captured using a total of 4160 laser points. Using Army Corps of Engineers and the American Public Works Association standards, pavement will be inspected and conditions will be documented for each segment of roadway in Baytown. Besides ride quality and rutting, pavement distresses will be identified for both asphalt and concrete streets. MicroPaver will be used to identify the pavement condition index score for each segment of roadway. Transmap will meet with City staff to understand current and potential future pavement maintenance techniques. This information, in addition to the PCI score, construction dates, materials used, traffic counts, maintenance costs, etc., will be used to develop a five-year pavement maintenance plan for the City. Inventory the following City assets into the City's GIS system to provide up-to-date information and allow for better maintenance planning of assets: Street Signs Drop/Curb Inlets Manholes Pavement Markings

47 Fire Hydrants Water Valves ADA Ramps Curb and Gutter Pavement Striping Sidewalks (this includes where the City is missing sidewalks) Sidewalk Failure Locations Estimated completion time for the pavement condition assessment is three months and completion time for the entire project is six and a half months. This project will be vital to ensuring the City gets the best bang for the buck with future pavement maintenance spending. It will also provide valuable information to assist City staff in making decisions about the maintenance of pavement and other City-maintained assets. RECOMMENDATION Staff recommends approval. Fiscal Impact Fiscal Year: Acct Code: See Notes Source of Funds (Operating/Capital/Bonds): Operating/Capital Funds Budgeted Y/N: Y Amount Needed: $195, Fiscal Impact (Additional Information): Street Maintenance Sales Tax: ($113,404.83) General Fund: ($32,365.61) ($15,000.00) ($10,000.00) Water and Sewer Fund: ($25,000) Ordinance - Transmap Contract Exhibit A - Transmap Agreement Attachments

48 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN AGREEMENT FOR PROFESSIONAL SERVICES WITH TRANSMAP CORPORATION FOR A PAVEMENT CONDITION ASSESSMENT AND ASSET INVENTORY PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED NINETY-FIVE THOUSAND SEVEN HUNDRED SEVENTY AND 44/100 DOLLARS ($195,770.44); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************************************** BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the Acting City Manager to execute and the City Clerk to attest to an Agreement for Professional Services with Transmap Corporation for a pavement condition assessment and asset inventory project. A copy of said agreement is attached hereto as Exhibit A, and incorporated herein for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes payment in accordance with the agreement authorized in Section 1 hereof in an amount not to exceed ONE HUNDRED NINETY-FIVE THOUSAND SEVEN HUNDRED SEVENTY AND 44/100 DOLLARS ($195,770.44). 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 28 th day of May, 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\2015\May 28\Agreement4ProfessionalServiceswithTransmapCorporation.doc

49 Exhibit "A" STATE OF TEXAS COUNTY OF HARRIS AGREEMENT FOR PROFESSIONAL SERVICES This Agreement (this "Agreement") entered into by and between Transmap Corporation, (hereinafter "the Professional") and the City of Baytown, a home-rule municipality located in Harris and Chambers Counties, Texas (the "City"). 1. Scope of Services/Professional Fees This Agreement authorizes Professional to perform a pavement management and asset management services (the "Work") for and on behalf of the City. The compensation for Professional shall not exceed ONE HUNDRED NINETY-FIVE THOUSAND SEVEN HUNDRED SEVENTY AND 44/100 DOLLARS ($195,770.44) and shall be on the basis described in Exhibit "A." The time schedules for the Work are attached as Exhibit "B." The scope of the Work is as denoted in Exhibit "C." Each of these Exhibits "A" through "C" is incorporated into this Agreement by reference for all purposes. 2. Progress Reports Professional shall provide written progress reports to the City regarding the Work and oral reports as requested. Such progress report shall identify the projected time and cost required by the Professional to complete the remaining phases of the Work required under this Agreement. 3. Personnel of the Professional a. Professional's Project Manager Professional shall designate Craig A. Schorling, GISP, to serve as Project Manager for the Work performed under this Agreement. Any change of Project Manager shall require thirty days' advance written approval from the City's Representative. b. Data on Professional's Employees Prior to commencement of the Work, Professional shall forward to the City a detailed resume of the personnel that will be assigned to the Work. c. Rejection of Professional's Employees The City reserves the right to approve or reject from the Work any employees of the Professional. 4. Designation and Duties of the City's Representative a. The City's Director of Public Works or his designee shall act as the City's Representative. Agreement for Professional Services, Page 1

50 b. The City's Representative shall use his best efforts to provide nonconfidential City records for Professional's usage on the Work and to provide access to City's property and easements. However, the City does not guarantee the accuracy or correctness of the documents so provided. Nothing contained herein shall be construed to require the City to provide such records in any certain format. The format in which the existing data and documentation will be provided shall be at the sole discretion of the City. 5. Standards of Performance a. The Professional shall perform all services under this Agreement with the care and skill ordinarily used by members of Professional s profession practicing under the same or similar circumstances, time and locality. Professional shall be responsible for the technical accuracy of its services and documents resulting therefrom, and the City shall not be responsible for discovering deficiencies therein. Professional shall correct such deficiencies without additional compensation. b. Codes and Standards (1) All references to codes, standards, environmental regulations and/or material specifications shall be to the latest revision, including all effective supplements or addenda thereto, as of the date that the order for any necessary equipment is made by the City or that the construction specified is bid by the City. (2) All materials furnished on any City project shall be in accordance with ASTM, ACI, TxDOT, and AASHTO specifications, and with other recognized standards. Proprietary material or other materials for which no generally recognized standards exist may be used provided there has been at least five years of proven experience in the field, and such satisfactory documentation has been approved by the City's Representative. (3) The Work shall be designed and furnished in accordance with the most current codes and/or standards adopted by city, state, or federal government or in general custom and usage by the profession. (4) The codes and standards used in the profession set forth minimum requirements. These may be exceeded by the Contractor or the Professional if superior methods are available for successful operation of equipment and/or for the construction project on which the Work is performed. Any alternative codes or regulations used shall have requirements that are equivalent or better than those in the above listed codes and regulations. The Professional shall state the alternative codes and regulations used. Agreement for Professional Services, Page 2

51 (5) Professional agrees the services will reflect the professional standards, procedures and performances common in the industry for this project. Professional further agrees that any analysis, reports, preparation of drawings, the designation or selection of materials and equipment, the selection and supervision of personnel and the performance of other services under this contract will be pursuant to the standard of performance common in the profession. (6) Professional shall promptly correct any defective analysis caused by Professional at no cost to City. The City's approval, acceptance, use of or payment for all or any part of Professional's services hereunder or of the Work itself shall in no way alter Professional's obligations or the City's rights under this Agreement. 6. Schedule Professional shall not proceed with the Work or any stage thereof until written notice to proceed is provided by the City's Representative. 7. Instruments of Service Upon execution of this Agreement, Professional grants to the City an ownership interest in the Instruments of Service. Professional shall obtain similar interests from the City and Professional s consultants consistent with this Agreement. As noted in Articles 5 & 11, Professional shall be required to tender to City all Instruments of Service. With such ownership interest, it is expressly understood by the parties hereto that the City may use the Instruments of Service for any purposes which the City sees fit, including, but not limited to, subsequent construction, reconstruction, alteration, and/or repairs of the Project. As a condition to the City s use of the Instruments of Service, the City hereby expressly agrees to remove Professional s name and all references to Professional and its consultants from the Documents. Provided that this Agreement is not terminated for cause by the City, the City shall release any and all claims which the City could make arising out of or in connection with any reuse of the documents by the City. 8. Insurance Professional shall procure and maintain at its sole cost and expense for the duration of the Agreement, insurance against claims for injuries to person or damages to property which may arise from or in connection with the performance of the Work hereunder by Professional, its agents, representatives, volunteers, employees or subconsultants. a. Professional s insurance coverage shall be primary insurance with respect to the City, its officials, employees and agents. Any insurance or self-insurance maintained by the City, its officials, employees or agents shall be considered in excess of Professional s insurance and shall not contribute to it. Further, Professional shall include all subconsultants, agents and assigns as additional insureds under its policy or shall furnish separate certificates and endorsements for each such person or entity. All coverages for subconsultants and assigns shall be subject to all of the requirements stated herein. Agreement for Professional Services, Page 3

52 The following is a list of standard insurance policies along with their respective minimum coverage amounts required in this Agreement: 1. Commercial General Liability General Aggregate: $2,000,000 Products & Completed Operations Aggregate: $2,000,000 Personal & Advertising Injury: $1,000,000 Per Occurrence: $1,000,000 Fire Damage $300,000 Coverage shall be at least as broad as ISO CG No coverage shall be deleted from standard policy without notification of individual exclusions being attached for review and acceptance. 2. Business Automobile Policy Combined Single Limits: $1,000,000 Coverage for Any Auto 3. Errors and Omissions Limit: $1,000,000 for this project. Claims-made form is acceptable Coverage will be in force for one (1) year after completion of the Project. 4. Workers Compensation Statutory Limits Employer s Liability $500,000 Waiver of Subrogation required. b. The following shall be applicable to all policies of insurance required herein. 1. Insurance carrier for all liability policies must have an A.M. Best Rating of B+:VIII or better. 2. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. 3. Liability policies must be on occurrence form. Errors and Omissions can be on claims-made form. 4. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Agreement for Professional Services, Page 4

53 5. The City, its officers, agents and employees are to be added as Additional Insureds to all liability policies, with the exception of the Workers Compensation and Errors and Omissions Policies required herein. 6. Upon request and without cost to the City, certified copies of all insurance polices and/or certificates of insurance shall be furnished to the City. 7. Upon request and without cost to the City, loss runs (claims listing) of any and/or all insurance coverages shall be furnished to the City. 8. All insurance required herein shall be secured and maintained in a company or companies satisfactory to the City, and shall be carried in the name of Professional. Professional shall provide copies of insurance policies and endorsements required hereunder to the City on or before the effective date of this Agreement. 9. Indemnification and Release PROFESSIONAL AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES (HEREINAFTER REFERRED TO AS THE CITY ) FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY TO OR DEATH OF ANY PERSON, FOR DAMAGE TO ANY PROPERTY, OR FOR ANY BREACH OF CONTRACT, ARISING OUT OF, OR IN CONNECTION WITH THE WORK DONE BY PROFESSIONAL UNDER THIS CONTRACT CAUSED BY THE SOLE OR JOINT NEGLIGENCE OF PROFESSIONAL. IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH PROFESSIONAL AND THE CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY PROFESSIONAL TO INDEMNIFY AND PROTECT THE CITY FROM THE CONSEQUENCES OF PROFESSIONAL'S OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS THE SOLE OR A CONCURRING CAUSE OF THE RESULTING INJURY, DEATH OR DAMAGE. SUCH INDEMNITY SHALL NOT APPLY, HOWEVER, TO LIABILITY ARISING FROM THE PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OF PERSONS THAT IS CAUSED BY OR RESULTS FROM THE NEGLIGENCE OF THE CITY. IN THE EVENT THAT ANY ACTION OR PROCEEDING IS Agreement for Professional Services, Page 5

54 BROUGHT AGAINST THE CITY FROM WHICH THE CITY IS INDEMNIFIED, PROFESSIONAL FURTHER AGREES AND COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO THE CITY. THE INDEMNITY PROVIDED FOR IN THIS ARTICLE IX SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. By this Agreement, the City does not consent to litigation or suit, and the City hereby expressly revokes any consent to litigation that it may have granted by the terms of this Contract or any other contract or agreement, any charter, or applicable state law. Nothing herein shall be construed so as to limit or waive the City s sovereign immunity. Professional assumes full responsibility for its work performed hereunder and hereby releases, relinquishes and discharges the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether they be either of the parties hereto, their employees, or other third parties) and any loss of or damage to property (whether the property be that of either of the parties hereto, their employees, or other third parties) that is caused by or alleged to be caused by, arising out of, or in connection with Professional's work to be performed hereunder. This release shall apply with respect to Professional s work regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance. 10. Subcontractors and Subconsultants Professional shall receive written approval of the City's Representative prior to the use of any subcontractors or subconsultants. A copy of all proposed contracts with subconsultants and/or subcontractors shall be given to the City before execution of such contracts. 11. Termination of Professional The City, besides all other rights or remedies it may have, shall have the right to terminate this Agreement without cause upon ten (10) days written notice from the City Manager to Professional of the City's election to do so. Furthermore, the City may immediately and without notice terminate this Agreement if Professional breaches this Agreement. A breach of this Agreement shall include, but not be limited to, the following: (a) (b) (c) (d) failing to pay insurance premiums, liens, claims or other charges; failing to pay any payments due the city, state, or federal government from Professional or its principals, including, but not limited to, any taxes, fees, assessments, liens, or any payments identified in this Agreement; the institution of voluntary or involuntary bankruptcy proceeding against Professional; the dissolution of Professional; Agreement for Professional Services, Page 6

55 (e) (f) (g) refusing or failing to prosecute the Work or any separable part, with the diligence that will ensure its completion within the time specified in this Agreement; failing to complete work wthin the time period specified in this Agreement; and/or the violation of any provision of this Agreement. Upon delivery of any notice of termination required herein, Professional shall discontinue all services in connection with the performance of the Agreement. Within ten (10) days after receipt of the notice of termination, Professional shall submit a final statement showing in detail the services satisfactorily performed and accepted and all other appropriate documentation required herein for payment of services. At the same time that the final statement is tendered to the City, Professional shall also tender all of Professional s work product, whether complete or not, in an acceptable form and format to the City s Representative. No final payment will be made until all work product is so tendered. If this Agreement is terminated for cause, Professional shall be liable for any damage to the City resulting therefrom. This liability includes any increased costs incurred by the City in completing Professional's work. The rights and remedies of the City in this section are in addition to any other rights and remedies provided by law or under this Agreement. 12. Records Within ten days of the City's request and at no cost to the City, the City will be entitled to review and receive a copy of all documents that indicate work on the Project that is subject to this Agreement. 13. Supervision of Professional Professional is an independent contractor and the City neither reserves nor possesses any right to control the details of the Work performed by Professional under the terms of this Agreement. 14. Billing The City shall have thirty (30) days to pay Professional's bills from the date of receipt of such bills. All bills must identify with specificity the work or services performed and the date(s) of such work or services. In the event of a disputed or contested invoice, the parties understand and agree that the City may withhold the portion so contested, but the undisputed portion will be paid. The Professional shall invoice the City for work performed no more than once a month. 15. Indebtedness. If Professional, at any time during the term of this agreement, incurs a debt, as the word is defined in section of the Code of Ordinances of the City of Baytown, it shall immediately notify the City s Director of Finance in writing. If the City s Director of Finance becomes aware that the Professional has incurred a debt, the City s Director of Finance shall immediately notify the Professional in writing. If the Professional does not pay the debt within 30 days of either such notification, the City s Director of Finance may deduct funds in an amount equal to the debt from any payments owed to the Professional under this Agreement, and the Professional waives any recourse therefor. Agreement for Professional Services, Page 7

56 16. Reputation in the Community Professional shall retain a high reputation in the community for providing professional pavement management services. Professional shall forward a copy of any current petition or complaint in any court of law which (a) asserts a claim for $50,000 or more for errors or omissions in providing similar services services and/or (b) seeks to deny the Professional the right to provide such services or any other services in the state of Texas. 17. Payroll and Basic Records a. Professional shall maintain payrolls and basic payroll records during the course of the work performed under this Agreement and shall preserve them for a period of three years from the completion of the work called for under this Agreement for all personnel working on such work. Such records shall contain the name and address of each such employee, social security number, correct classification, hourly rates of wages paid, daily and weekly number of hours worked, deductions made and actual wages paid. b. Professional shall make the records required to be maintained under the preceding subsection (a) of this section available at no cost to the City for inspection, copying or transcription or its authorized representatives within fifteen days of the City s request therefor. Professional shall permit such representatives to interview Professional's employees during working hours on the job. 18. Governing Law This Agreement has been made under and shall be governed by the laws of the state of Texas. The parties further agree that performance and all matters related thereto shall be in Harris County, Texas. 19. Notices Unless otherwise provided in this Agreement, any notice provided for or permitted to be given must be in writing and delivered in person or by depositing same in the United States mail, postpaid and registered or certified, and addressed to the party to be notified, with return receipt requested, or by delivering the same to an officer of such party. Notice deposited in the mail as described above shall be conclusively deemed to be effective, unless otherwise stated in this Agreement, from and after the expiration of three (3) days after it is so deposited. For the purpose of notice, the addresses of the parties shall be as follows unless properly changed as provided for herein below: For the City: CITY OF BAYTOWN Attn: City Manager P. O. Box 424 Baytown, Texas FAX: Agreement for Professional Services, Page 8

57 For the Professional: TRANSMAP CORPORATION 3366 Riverside Drive, Suite 103 Upper Arlington, Ohio Each party shall have the right from time to time at any time to change its respective address and each shall have the right to specify a new address, provided that at least fifteen (15) days' written notice is given of such new address to the other party. 20. No Third Party Beneficiary This Agreement shall not bestow any rights upon any third party, but rather, shall bind and benefit Professional and the City only. 21. No Right to Arbitration Notwithstanding anything to the contrary contained in this Agreement, the City and Professional hereby agree that no claim or dispute between the City and Professional arising out of or relating to this Agreement shall be decided by any arbitration proceeding including, without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1-14), or any applicable State arbitration statute, including, but not limited to, the Texas General Arbitration Act, provided that in the event that the City is subjected to an arbitration proceeding notwithstanding this provision, Professional consents to be joined in the arbitration proceeding if Professional's presence is required or requested by the City of complete relief to be recorded in the arbitration proceeding. 22. Waiver No waiver by either party to this Agreement of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. 23. Complete Agreement This Agreement represents the entire and integrated agreement between the City and Professional in regard to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either whether written or oral, on the subject matter hereof. This Agreement may only be amended by written instrument approved and executed by both of the parties. The City and Professional accept and agree to these terms. 24. No Assignment Professional may not sell or assign all or part interest in this Agreement to another party or parties without the prior express written approval of the City Manager of such sale or assignment. The City may require any records or financial statements necessary in its opinion to ensure such sale or assignment will be in the best interest of the City. Agreement for Professional Services, Page 9

58 25. Headings The headings used in this Agreement are for general reference only and do not have special significance. 26. Severability All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. 27. Ambiguities In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. 28. Authority The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies, each of which shall be deemed to be an original, but all of which shall constitute but one and the same Agreement on the day of, 2015, the date of execution by the Acting City Manager of the City of Baytown. TRANSMAP CORPORATION (Signature) (Printed Name) (Title) CITY OF BAYTOWN ATTEST: RON BOTTOMS, Acting City Manager LETICIA BRYSCH, City Clerk Agreement for Professional Services, Page 10

59 APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney STATE OF TEXAS COUNTY OF HARRIS Before me on this day personally appeared, in his/her capacity as of Transmap Corporation, on behalf of such corporation, known to me; proved to me on the oath of ; or proved to me through his/her current {description of identification card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person} (check one) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN before me this day of, Notary Public in and for the State of Texas \\cobfs01\legal\karen\files\contracts\transmap Corporation\Agreement.doc Agreement for Professional Services, Page 11

60 EXHIBIT A COMPENSATION Services of Professional required under this Agreement shall not exceed ONE HUNDRED NINETY-FIVE THOUSAND SEVEN HUNDRED SEVENTY AND 44/100 DOLLARS ($195,770.44) based upon the following: Task Description Units No. of Extended Unit Price Units Price Task 1 Citywide Pavement Management Services 1a ON-SIGHT'M Raw Data Collection, Centerline 320 $99.00 includes LiDAR Miles $31, b Advanced Inspection Processing Lump Sum 1 $4, Profilometer $4, c Advanced Inspection processing 2D Lump Sum 1 $6, processing $6, d Network Setup and Review Hours 10 $99.00 $ e Pavement Inspection Samples 5,638 $5.88 $33, f MicroPAVER Load Lump Sum 1 $1, $1, g Advanced MicroPAVER database Lump Sum 1 $6, Design $6, h GIS Integration Hours 12 $99.00 $1, i Pavement Management Practices Day 2 $1, Definition Boot Camp $3, j Pavement Reporting Hours 44 $ $5, k MicroPAVER Software Software 1 $1, $1, MicroPAVER Software Additional Two (2) Licenses Lump Sum 1 $ $ l On-Site MicroPAVER Software Days 3 $3, $9, m Transmap Project Management Hours 135 $99.00 $13, n ArcGIS Server Web-Based Image Viewer 6 months 1 0 $0.00 Subtotal Task 1 $120, Task 2 -- Assets 2a Linear assets Centerline Miles 320 $63.00 $20, b Point Utility Assets Centerline Miles 320 $69.00 $22, c Point Traffic Assets Centerline Miles 320 $74.00 $23, d Project Management Hours 93 $99.00 $9, Subtotal Task 2 $75, Total $195, The above-referenced not to exceed amount includes all expenses that Professional may incur as part of this project, including, but not limited to, all costs associated with parking, mileage, deliveries, and copies. The parties hereto agree and understand that the City shall not be liable and the Professional shall not make a claim against the City for any such expenses.

61 Additional Services Professional will perform additional services, if any, at a price agreed upon by the parties in writing prior to the performance of such services. The City shall not be responsible or liable for any additional services performed by the Professional unless such additional services have been approved in writing prior to the performance of the same.

62 EXHIBIT B SCHEDULE OF WORK The Professional shall perform all of the services required herein within 195 calendar days of the effective date of this Agreement, based upon the following: Task Task 1 Pavement Management Services Task 2 -- Assets Completion 120 calendar days from the effective date of this Agreement 195 calendar days from the effective date of this Agreement

63 EXHIBIT C SCOPE OF WORK A. Generally: The City desires that an assessment be performed on the street conditions within the City of Baytown, including the linear, utility and traffic assets. Professional shall provide the City professional services, outlined in the scope of services below, to perform the tasks necessary for such assessment. B. Basic Services: The Professional shall perform the scope of services, which contains the following tasks, as more particularly described in Exhibit C-1, which is attached hereto and incorporated herein for all intents and purposes. Task Task Description Task 1 Pavement Management Services 1a ON-SIGHT TM Raw Data Collection, includes LiDAR 1b Advanced Inspection: IRI/Rutting 1c Advanced Inspection Processing/2D 1d Network Setup and Review 1e Pavement Inspection 1f MicroPAVER Load 1g Advanced MicroPAVER Database Design 1h GIS Integration 1i Pavement Boot Camp 1j Pavement Reporting 1k MicroPAVER Software 1l On-Site MicroPAVER Training 1m Project Management: Pavement 1n ArcGIS Online Viewer (Media Hosting) Task 2 -- Assets 2a Linear assets 2b Point Utility Assets 2c Point Traffic Assets 2d Project Management: Assets C. Additional Services: The City shall not be responsible or liable for any additional services performed by the Professional unless such additional services have been approved in writing prior to the performance of the same. Professional will perform additional services at a price agreed upon by the parties in writing prior to the performance of such services based upon the rate schedule indicated in Exhibit A.

64 Exhibit "C-1" Exhibit C-1 May 20, 2015 City of Baytown, Texas Pavement Condition and Asset Management Project Scope of Services Prepared For: Nick Woolery Interim Public Works Director City of Baytown 2123 Market Street Baytown, TX Prepared By: Craig Schorling, GISP Vice President Transmap Corporation 3366 Riverside Drive, Suite 103 Upper Arlington, OH 43221

65 Version 1.0 Project Scope of Services Outline Introduction Project Setup Kick Off Meeting Centerline Review Mobilization Task 1 - Pavement Condition Assessment 1a - ON-SIGHT Mobile Mapping 1b - Advanced Inspections: IRI/Rutting 1c - Advanced Inspection Processing/2D 1d - Network Setup and Review 1e - Pavement Inspection 1f - MicroPAVER Load 1g - Advanced MicroPAVER Design 1h - GIS Integration 1i - Pavement Boot Camp 1j - Pavement Reporting 1k - MicroPAVER Software 1l - MicroPAVER Training 1m - Project Management: Pavement 1n - ArcGIS Online Viewer (Media Hosting) Task 2 - Assets 2a-2c - Point and Linear Assets 2d - Project Management: Assets Optional Service Advanced Inspection Processing 3D Conclusion

66 Introduction Transmap would like to thank the City of Baytown for choosing Transmap as the provider for their Pavement Condition and Asset Management Project. This scope of services will act as the foundation for the project. Excellent project management and understanding of the project are essential to ensure that Transmap has addressed all of the City s needs. This document will act as Transmap s project narrative to the City for the collection and analysis of pavement distress data. Project Team Representatives The following table represents the current list of project participants, along with their phone numbers and addresses. Baytown Name Project Role Telephone Nick Woolery Public Works Director nick.woolery@baytown.org Jose Pastrana Director of Engineering jose.pastrana@baytown.org Transmap Howard Luxhoj Project Principal hluxhoj@transmap.com Craig Schorling Account Manager cschorling@transmap.com Chris Crocker Project Manager ccrocker@transmap.com Michael Weakley Project Manager mweakley@transmap.com Project Setup The setup process is the initial step for any project. Below are the items associated with the setup for the City of Baytown s Pavement Condition and Asset Management Project. Kick Off Meeting The project kick off meeting will be in person and on site at the City of Baytown. Transmap will have, at the very least, a Project Manager or Account Manager on site. The goals for the kick off are to meet with technical staff members and Project Managers to discuss overall timeline, reporting requirements, technical exchange, and team member responsibilities. The technical exchange will happen both on site and remotely to facilitate any project materials needed by Transmap or the City. One major goal of the kick off meeting is to ensure that all roads in the project network are scheduled to be driven. The kick off meeting is scheduled to be a high level meeting lasting from 1-2 hours.

67 Centerline Review Transmap has performed an initial review on the digital GIS centerline that was provided by the City. Transmap will produce maps for the the kick off meeting, allowing for the City to accept the roads that will be driven and analyzed as part of the road network. It is very important at the start of the project to get acceptance of the roads to be driven. As of the date of this scope, the centerline review statistics are below: Participant # of Segments # of Centerline Miles Minimum Length FT Maximum Length FT Average Length FT Std. Deviation FT Baytown , Mobilization Transmap will mobilize the ON-SIGHT system to the project area. In addition, the ground control network and a quality control network will be established. Mobilization activities include: Deploying a Transmap ON-SIGHT mapping vehicle, equipment, and required staff (driver and operator) to Baytown, authority notice letter about mobile mapping vehicle (sent to client and local authorities), installing, configuring, and calibrating the camera equipment and on-board data management hardware/software, installing, configuring, and calibrating the on-board global positioning and inertial navigation system equipment, and setting up an external Quality Control (QC) network with quality control points. Transmap will establish an external ground control network to be utilized in support of field data capture quality control efforts. The purpose of the ground control network is to provide the GPS corrections necessary to ensure GIS sub-meter accuracy throughout the project. Deliverables: Kick Off Meeting Centerline Review Mobilization Project Manager will set up the kick off meeting and deliver a recap document after the meeting Transmap will send and bring maps for review in the kick off meeting Transmap will notify the City when the mobile mapping vehicle will be mobilized to the project area. We will send a notice to the City that has information about the vehicle, so the City can notify the authorities and constituents about it. Task 1 - Citywide Pavement Condition Assessment Task 1a - ON-SIGHT Mobile Mapping (Data Collection) The raw data collection portion of the project must begin before any extraction of data. Transmap will drive all roads identified in the project area using our ON-SIGHT HD mapping vehicle. The vehicle has a new 4K Laser Crack Measurement System (LCMS), a Ladybug5 6-camera panoramic image system, and a point cloud laser (vehicle-based LiDAR). The point cloud laser gives real-time positioning of assets within the roadways. Point cloud data is useful for measuring heights, offsets, and intensity values of assets. The vehicle has a robust GPS/INS solution that has dramatically improved accuracy and efficiency. Transmap will drive our ON-SIGHT vehicle along 320 centerline miles of roads within the project area of the City. The image database will be collected for each roadway specified by the City in both directions (one-way streets excluded), enabling a full 360-degree view of each roadway in the network. The vehicle

68 will make multiple passes on roads that have 2 or more travel lanes in one direction. Transmap will deliver the Ladybug5 panoramic view of the roads to the City, which will be accessed through our webbased image viewer. For pavement management, Transmap will be running a 4K LCMS system that will produce downward facing images to be delivered to the City. The LCMS images will also be available to view on our web-based image viewer. Transmap will QC the images obtained by the mapping vehicle to ensure that they are satisfactory and to meet the objective of the project. To ensure the highest quality images, image capture activities will not be performed during low-light or adverse weather conditions. In-field image quality control will be performed for the purpose of identifying groups of images that may be unacceptable for feature extraction. Unacceptable images will be re-collected. The specified route network will be compared against that of which has been imaged to ensure that no route segments have been overlooked. Missing route segments will be re-driven and imaged. Route segments may not be imaged when they are not accessible due to construction, temporary or permanent closures, or they may not exist as indicated in the supplied base data sets. Task 1b - Advanced Inspections: IRI/Rutting A unique element of the Transmap Hybrid Approach is our new Laser Crack Measurement System (LCMS). This 4K system has two laser line projectors with more than 2000 points per laser. A total of 4160 laser points are used to capture pavement condition. The LCMS will detect and analyze cracks, lane markings, potholes, macro-texture, patches, raveling, rutting and International Roughness Index (IRI) data, and cross slope. The LCMS captures surface conditions up to a 4m (13.1 foot) width and Transmap will drive in both directions for a complete view of all surface distresses. The vehicle is capable of collecting data at speeds up to 62 mph and acquires both 3D and intensity (image) data of the road surface with 1mm resolution Foot Width 3D Crack Analysis The International Roughness Index (IRI) and rutting data will be collected for the left wheel track, the right wheel track, and the average of the two wheel tracks in a manner which meets all ASTM E950 standards. The equipment captures continuous pavement data as the vehicle drives along a roadway. The points are far more advanced than a typical 3 or 5 point laser and will capture IRI data across 13.1 feet of the surface, without the operator having to worry about the vehicle being exactly in the wheel paths for rutting. The rutting depth will be delivered as minimum, maximum, and average per wheel path. The IRI data will be delivered as a value over the whole section of pavement. The IRI data represents the total anticipated vertical movement a vehicle would experience over a given stretch of road. The data is acquired from the profiler and delivered as a field in the centerline file segment by segment.

69 Single Point IRI/Rutting Collection LCMS Point IRI/Rutting Collection Additional Information: IRI Multiple stops and slow speeds are not recommended in the ASTM E950 spec for roughness collection. Additional Information: Rutting Full 4,000 point profile for each lane is collected Construction techniques of alleys and thin residential roads can cause erroneous rutting profiles. QA/QC Advanced Inspection System The following table represents the rigorous QA/QC our system goes through to ensure the best quality results from our advanced inspections. Calibration Table (Quality Control/Quality Assurance of Profiler) Distance Calibration Performed to calibrate the distance measurement instrument - Performed every 1-2 weeks Validation Object Laser Calibration Accelerometer Calibration Accelerometer Repeatability Performed to ensure the accuracy of each height sensor on the profiler - Performed every 2-3 weeks Performed to mathematically compute the optimum levelness of the laser sensors mounted on the vehicle - Performed whenever a sensor is added, changed, or removed from the vehicle Performed to cancel out the effect of weight shifting in the van - Performed every day and/or whenever there is a shift of weight change in the vehicle Performed before the start of every project by running an ODOT IRI test area 10 times to test the repeatability of the IRI system

70 Task 1c - Advanced Inspection Processing/2D Transmap s ON-SIGHT vehicle is equipped with the newest Laser Crack Measurement System (LCMS), which uses laser line projectors, high speed cameras, and advanced optics to acquire high resolution 2D and 3D profiles of the road. The LCMS captures surface conditions up to a 4m (13.1 foot) width and is broken up in 10m lengths. Transmap will drive in both directions for a complete view of all surface distresses. Transmap will deliver a complete Crack Map of surface distress data. A Crack Map shows the cracking of a road over a.jpeg image. The images can be viewed as a link in the Esri (GIS) system. The following is an example of a 2D image. Task 1d - Network Setup and Review Transmap will create the unique network that is required for the pavement management system (MicroPAVER). This process defines the road network as a pavement network. From the basemap, Transmap will create the network, branches, sections, and samples that will be used as the foundation for the Pavement Management System. During this task, Transmap will integrate any pertinent centerline data that the City might want in MicroPAVER. Samples Samples are the lowest order of the defined pavement network. All samples must belong to a network, branch, and section. The length of the sample area will depend on the width of roadway. The ASTM goal is to have sample areas between 1,500 sq.ft. and 3,500 sq.ft. Transmap will not perform any pavement inspections at the center of intersections. All sample areas will be offset from intersections. All segments will have a least one sample. Entire segments that are equal to or less than 75 feet in length will be samples. However, resulting PCI scores may not be consistent with the remainder of the roadway (branch).

71 How Each Sample is Created Samples are measured based on the lane configuration for each sample. For each case where there are only two through lanes in opposing directions (e.g. residential street), and the total width is less than 26 feet, the entire width of the road will be measured with the corresponding length. In cases where there are multiple lanes (through or turn), Transmap will measure the rightmost through lane in the increasing milepost direction. In this case, the lane width along with total road width will be recorded and the length of the sample will be based on the lane width. If there is a median in the sample area, then the rightmost lane will be measured in the increasing milepost direction. In cases where the centerline is divided for a road, each half of the road will be treated as its own route and measuring will follow the same format as explained earlier. Standard Roadways # of Lanes Sample Width (feet) Road Section Width (feet) Example 1 (One Centerline) 2 through opposing directions < 26 <26 Standard Example 1 The following example is the standard sample layout for roads with two through lanes in opposing directions. Non-Standard Roadways # of Lanes Lane Width / Sample Width (feet) Road Section Width (feet) Example 2 (One Centerline) Example 3 (Two Centerlines) 4 non-divide median-divide 10 20

72 Four Lane Non-Divide Example 2 The following example has the sample in the increasing milepost direction on the rightmost through lane. The centerline is represented by one line. Median-Divide Example 3 The following example has samples on both of the rightmost through lanes because the centerline is represented by two lines. Sample Analysis for the City Transmap has reviewed the City s GIS centerline file and found that a total 320 miles will be driven. If the sample area is not concrete or asphalt, it will not be analyzed and will be not valid. We will use the best representative area to perform our analysis. This means that the worst and the best areas will not be used, but that a good representative sample of the whole section will be used. Task 1e - Pavement Inspection Transmap works closely with APWA to ensure pavement data is collected and implemented using ASTM standards (D6433). Transmap uses the US Army Corps of Engineers Paver Distress Identification Manual as a guideline for pavement inspections. Pavement conditions for each segment will be documented

73 through the use of a digital pavement condition rating form designed to capture the distress type, severity, and frequency directly within the established pavement condition data mode. Transmap uses a unique Hybrid Approach to capture the pavement distress data. Through the use of our new LCMS system and our walkout QA/QC, Transmap can measure widths, lengths, and square footage of all surface distress data. Transmap will collect distress information along 320 miles of asphalt/concrete roadway. Surface distress types will be captured and interpreted from the LCMS system for designated centerline miles of roadway driven by the Transmap vehicle. Additional IRI ride quality and rutting measurements will also be provided by the LCMS System. The following table reflects the distress types that Transmap will collect for the project: Asphalt Pavement Distresses Distress Concrete Collection Distress Alligator Cracking Potholes Transverse/Longitudinal Cracking Edge Cracking Weathering Raveling Block Cracking Patching & Utility Cut Patching Bumps & Sags Depressions Corrugations Slab Count Slab Width Slab Length Corner Breaks Patching Divided Slab Linear Cracking Popouts Joint Seal Damage Durability Cracking Corner Spalling Road Profiler Collection Joint Spalling Rutting Shrinkage Cracks Ride Quality

74 Pavement Distress Data QA/QC Transmap has a 20% QA/QC methodology set up in the office and a 5-10% method set up for boots-onthe-ground. The in-office QA/QC consists of randomly selecting 20% of all valid samples and verifying sample areas and distresses measured in these samples. The field QA/QC boots-on-the-ground occurs after all of the pavement network and samples are loaded into MicroPAVER to produce a PCI value for each segment. The purpose of field QA/QC is to verify that the distresses measured via images in the office align with what actually exists in the pavement. Transmap will select random samples to verify, while also focusing on roads that exhibit notable deviations from segment to segment. After the field QA/QC, Transmap updates the samples with any changes found in the field and re-loads MicroPAVER to produce the final PCI values for each roadway segment. Transmap follows ASTM D6433 methods of measuring distress data. Both the office and field QA/QC are designed to check for any inconsistencies with the analyzed samples. Task 1f - MicroPAVER Load Transmap has written scripts for automated loading of the City s centerline file and distress data into MicroPAVER. Transmap loads MicroPAVER twice during the project. Once the initial pavement analysis is complete, Transmap will run results through MicroPAVER to establish a raw Pavement Condition Index (PCI). Transmap can deliver the raw PCI values but does not recommend using these results for final budgets. After the initial load, Transmap will perform our field verification walkout. After the walkout, distress data may be updated and re-run though MicroPAVER to establish a final PCI for delivery. The second time will be after the walkout is completed and after all of the ride quality and rutting data has been processed. Task 1g - Advanced MicroPAVER Database Design Transmap will provide the City with a turn-key MicroPAVER solution. From the information provided in the Boot Camp we will populate PAVER with the proper costs so the City can run their own M&R scenarios. Transmap will also build performance models for asphalt and concrete that will provide the initial foundation of pavement life cycles. User defined fields will be created in PAVER to support any additional GIS data that the City will need in PAVER to support their pavement management solution. Task 1h - GIS Integration After the final PCI data is created, Transmap will integrate the PCI data with the City s centerline file. Transmap will also be linking the pavement distress data to the City s centerline when we create the network. The distress data will be part of a polygon geodatabase that will be delivered to the City. Task 1i - Pavement Boot Camp The Boot Camp is customized for every client and is designed as a half-day, fact-finding meetings on-site with the client. The Boot Camp gives the client and Transmap an understanding about which pavement reports the client needs and which legacy data Transmap needs to collect to achieve these reports. Transmap has successfully managed Boot Camps for many customers. This process is considered necessary in establishing a proper PMS project from the beginning. During the Boot Camp, we will review any current maintenance and rehabilitation (M&R) practices that the City is using. The main focus will be to gather information on M&R practices and pricing. Transmap will suggest some preventative treatments that might best fit the project area and will use this information to gather regional cost data for the alternative methods of pavement practices. The Boot Camp will be the foundation for the reporting task. The following list represents examples of which information Transmap will discuss in the Boot Camp: Functional class - The class or group of roads that the road belongs to. MicroPAVER uses the

75 following classes: Principal, Arterial, Collector, Industrial, Residential, Primary, Secondary, and Tertiary Traffic count data Budgets - Current pavement rehabilitation budgets Material costs - Typical cost of materials for rehabilitation M&R practices - Types of rehabilitation or reconstruction practices the City is performing. Some examples are: Microsurfacing, Cape Seals, Slurry Seals, Hot-In-Place Recycling, etc. ArcGIS Online site - Transmap media site. Transmap will host the geodatabase data in the cloud. The site is created to assist in the tracking of the project deliverables Overall digital centerline file - We will review the final centerline file that was provided by the City Construction dates - Approximate or actual major M&R dates per roadway segment Family grouping - Information on how the City wants roads to be grouped in order to have the correct deterioration model for each family Task 1j - Pavement Reporting Reports should not only be words on paper but large maps with multiple colors that depict different scenarios. It is this style that has supported many Transmap customers when requesting budgets that can achieve the standard level of M&R required by their constituents. Transmap will have an understanding of which reports the City needs from the Boot Camp. Transmap will need information on maintenance and rehabilitation activities. This information, along with construction dates, will be loaded into MicroPAVER to help produce candidate maps that will predict what future PCI results will look like in a do nothing scenario. These reports will allow the City to see how creating logical candidate lists and maps will help in evaluating treatments based on PCI and deterioration models instead of windshield studies or resident phone calls. Transmap has the ability to link the MicroPAVER data to the digital centerline file to produce maps of various maintenance scenarios. For example, PCI maps can be broken out based on roadway classification to evaluate how traffic count affects PCI value. Once all maintenance practices and costs have been determined, Transmap can start building reports over time based on how long certain treatments extend the life of the pavement. Transmap prefers to have different reporting styles and will not simply produce standard text reports. All reporting data will be integrated to the centerline file to produce plots for City review. Standard delivery for reporting is listed below: Overall project report (summary of findings) Branch condition report Section condition report Distress report PCI maps Rutting maps IRI maps M&R recommended 5 year work plan (based on current budget and recommended budget) Recommended treatments for each segment Maps and spreadsheets of 5 year work plan Task 1k - MicroPAVER Software APWA has released the newest version of MicroPAVER 7.x. Transmap will purchase one MicroPAVER software license for the City. The license will be in the name of the City. Each license comes with two desktop installations and a year of support from APWA. Transmap will purchase the newest version of MicroPAVER available at the time of purchase.

76 Task 1l - MicroPAVER Training Transmap will provide up to 5 City employees with a 2-day, on-site training of MicroPAVER 1. This training will cover the basic MicroPAVER functions of the advanced reporting solutions within MicroPAVER. The training will be performed on the City s actual data that is collected during the project. MicroPAVER 1 training will occur after the project data has been loaded into MicroPAVER. The City will supply a computer for each trainee and the room where the training will take place. Transmap will install MicroPAVER on each computer and refresh the databases as necessary. The class will cover: 1. Overview of PAVER - Selection tools and drop downs 2. Inventory - Network, surface type, user defined fields 3. Work Tracking - History, construction dates 4. PCI Field Inspection/Data Entry 5. Standard Paver Reports 6. Prediction Modeling 7. Condition Analysis 8. System Tables 9. Work Planning Task 1m - Project Management: Pavement Transmap will create project management reports, project milestones, project goals, and keep the City informed on the progress of the project. Transmap will also provide monthly status reports and maps. Most project management will be done remotely except for the kick off meeting. Transmap will utilize the web, , and voice for most project management tasks. The Project Managers are responsible for the allocation of staff for a timely completion of the project and report to the Account Manager and Project Principal on the status of the project. Task 1n- ArcGIS Online Viewer (Media Hosting) Once the image collection process is complete and all data is processed, Transmap will post all images on our ArcGIS Online web-based image viewer. This viewer allows the City to log on to a web page and view the basemap, orthophotography, image locations, pavement sample data, and all extracted assets from the project. Transmap uses this site to allow the City to see the progress of the project. Transmap will host the image links (media) for up to six months after completion of the project. The City will be responsible for having the space necessary to load the Transmap media on their servers. Transmap can assist the City in setting up the media on their servers. Deliverables 1a - ON-SIGHT Data Collection 1b - Advanced Inspections: IRI/Rutting Transmap will deliver the van image, which is a geodatabase of the vehicle path with an image link, to the Transmap media site. A drive-coded geodatabase of the centerline file is also included. Transmap will deliver all images and LiDAR data on an internal SATA hard drive. A download cable (USB to SATA) can be provided. The data acquired from the LCMS will be processed and the rutting data will be loaded into MicroPAVER. The following maps will be delivered to the City: Average section IRI and rutting. The final pavement centerline that is delivered to the City will have average IRI and rutting per segment. Standard

77 pavement images will also be delivered as part of the media viewer. 1c - Advanced Inspection Processing 2D 1d - Network Setup and Review 1e - Pavement Inspection 1f - MicroPAVER Load 1g - Advanced MicroPAVER Database Design 1h - GIS Integration 1i - Pavement Boot Camp 1j - Pavement Reporting 1k - MicroPAVER Software 1l - MicroPAVER Training 1m - Project Management 1n - ArcGIS Online Media Hosting Transmap will deliver a complete Crack Map of surface distress data. A Crack Map shows the cracking of a road over a.jpeg image. The images can be viewed as a link in the Esri (GIS) system. Transmap will deliver a pavement centerline with the network information as attributes. This data will also reside in MicroPAVER. Transmap will deliver a geodatabase of the polygon inspection areas with analyzed distress data as attributes. Transmap will load the network and all distress data into MicroPAVER Transmap will supply the City of a complete export file efile from MicroPAVER Pavement centerline will be delivered with network and PCI values. Transmap will be on-site at the City for the Boot Camp. We will prepare an agenda and a meeting recap will be delivered to the City. Transmap will post all reporting in the cloud so the City can review. After the City reviews, Transmap will print the official report and supporting maps for delivery. Transmap will purchase one individual license from APWA. Training will be performed on-site at the City. Each participant will receive a training manual (up to 5 City participants). Transmap will supply the City with monthly project status reports along with maps and ArcGIS Online tracking. Transmap will create a web link for the City to view images and data on ArcGIS Online. This can be viewed from multiple users but not edited.

78 Task 2 - Assets Task 2a-2c - Point and Linear Assets The following table represents the point and linear assets that will be extracted on the 320 centerline miles of roads within the project area, using our ON-SIGHT imagery and ground-based LiDAR. The assets will be based on XY coordinates and will be delivered in an Esri geodatabase: XY coordinates will be in State Plane Coordinate System, US survey feet. Standard attribute data will be collected for each asset. Linear assets are measured by a Start and Stop XY coordinate where the actual asset starts and stops. The linear linework will be spatially corrected to the City s orthophotography. Asset Attributes Point Asset - Signs Point Asset - Drop/Curb Inlets Point Asset - Manhole Point Asset - Pavement Marking Point Asset - Fire Hydrant Point Asset - Water Valve Point Asset - ADA Ramp Point Asset - Sidewalk Failure Location Linear Asset - Sidewalk Linear Asset - Curb & Gutter Linear Asset - Striping Street name, unique ID, unique ID (street centerline), MUTCD code, post type, facing direction, daytime condition (good, fair, poor), flashers (yes, no) Street name, unique ID, unique ID (street centerline) Street name, unique ID, unique ID (street centerline) Street name, unique ID, unique ID (street centerline), type, color, condition (good, poor) Street name, unique ID, unique ID (street centerline), color Street name, unique ID, unique ID (street centerline) Street name, unique ID, unique ID (street centerline), truncated dome (yes, no), color Street name, unique ID, unique ID (street centerline), Street name, unique ID, unique ID (street centerline), type (concrete, paver, none), average width, none Street name, unique ID, unique ID (street centerline), type, condition coordinates Street name, unique ID, unique ID (street centerline), type (solid, dash, mini-skip), color, condition (good, poor)

79 Asset QA/QC Point and linear assets are collected using photogrammetry and GPS recorded by the mobile mapping vehicle. To ensure spatial accuracy when extracting X,Y coordinates, the raw GPS is processed in crossreference to a known, static, GPS station. The processing of the GPS assures that ninety percent of the derived horizontal coordinates within 35 feet from the imaging vehicle will fall within 1 meter of the known reference coordinates. Linear objects (sidewalks) are measured as start and end X,Y locations. Through our GIS integration, the lines are then drawn to best match the orientation of the linear object with the City s orthophotography. Transmap s standard QA/QC process for all asset data begins with a thorough analysis of spatial accuracy. All road names and associated attribute fields are examined for accuracy and completeness. Coded attribute domains ensure data integrity by constraining inputs to values that are valid for that particular field. These domain values are defaulted to Transmap s standard unless instructed otherwise. Task 2d - Project Management: Assets Transmap will create project management reports, project milestones, project goals, and keep the City informed on the progress of the project. Transmap will also provide monthly status reports and maps. Most project management will be done remotely except for the kick off meeting. Transmap will utilize the web, , and voice for most project management tasks. The Project Managers are responsible for the allocation of staff for a timely completion of the project. They will report to the Account Manager and Project Principal on the status of the project. Deliverables 2a-2c - Point and Linear Assets 2d - Project Management Assets All assets will be delivered in an Esri geodatabase. Transmap will supply the City with monthly project status reports along with maps and ArcGIS Online tracking.

80 Optional Service Advanced Inspection Processing/3D Transmap s vehicle is capable of collecting data at speeds up to 62 mph and acquires both 3D and intensity (image) data of the road surface with 1mm resolution. This allows for the characterization and visualization of high quality images and shape (textures) of the road surface. The high precision Inertial Measurement Units (IMUs) are added to each of the LCMS sensors in order to allow us to collect and report Longitudinal Grade, Horizontal Cross Fall (cross slope), and Super Elevation of curves. Conclusion Transmap is excited to have been selected to provide professional services to the City of Baytown. We are confident that we can provide the tools necessary for the City to make intelligent decisions regarding its pavement and asset life cycles. Transmap helps communities turn data into knowledge. With this knowledge, the City will be able to produce budget scenarios, work orders, maps, and many other management strategies necessary to improve overall efficiency.

81 BAYTOWN CITY COUNCIL MEETING 4. b. Meeting Date: 05/28/2015 Subject: Consider Authorizing Change Order No. 1 to the Texas Ave. Streetscape Phase 2 Project. Prepared for: Jose Pastrana, Engineering Prepared by: Linda Newsted, Engineering Department: Engineering Information ITEM Consider an ordinance authorizing Change Order No. 1 to the Texas Ave. Streetscape Phase 2 Project with Jerdon Enterprise, LP. PREFACE This proposed ordinance authorizes Change Order No. 1 to the Texas Avenue Streetscape Phase 2 Project (the "Streetscape Project") with Jerdon Enterprise, LP, in the amount of $266, This change order expands the scope of the Streetscape Project to include additional concrete work needed in the Town Square Project. Since the Streetscape Project included unit pricing for concrete work, this change order will afford the City the opportunity to take advantage of such pricing in the Town Center Project without causing a delay in the schedule of either project. Since the Streetscape Project and the Town Square Project are to be constructed and completed simultaneously; authorizing the contractor to perform the additional work is also beneficial from a scheduling perspective. This change increases the project total cost to $1,484, RECOMMENDATION Staff recommends approval. Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Y Amount Needed: 266,530 Fiscal Impact (Additional Information): STMD Attachments

82 Site Map Ordinance - Change Order No. 1 Exhibit A - Change Order No. 1

83

84 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 1 WITH JERDON ENTERPRISE, INC., FOR THE TEXAS AVENUE STREETSCAPE PHASE 2 PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT OF TWO HUNDRED SIXTY-SIX THOUSAND FIVE HUNDRED THIRTY AND NO/100 DOLLARS ($266,530.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************************************************ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council does hereby authorize Change Order No. 1 with Jerdon Enterprise, Inc., for the Texas Avenue Streetscape Phase 2 Project. A copy of said change order is attached hereto, marked Exhibit A and made a part hereof for all intents and purposes. Section 2: That the City Council of the City of Baytown hereby authorizes the payment in an amount of TWO HUNDRED SIXTY-SIX THOUSAND FIVE HUNDRED THIRTY AND NO/100 DOLLARS ($266,530.00) to Jerdon Enterprise, Inc., for the change order authorized in Section 1 hereinabove. Section 3: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 28 th day of May, 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\2015\May 28\ChangeOrderNo1forTexasAvenueStreetscapePhase 2Project.doc

85 Exhibit "A"

86 BAYTOWN CITY COUNCIL MEETING 4. c. Meeting Date: 05/28/2015 Subject: Proposed Amended Fireworks, Pyrotechnics and Explosives Ordinance Prepared for: Bill Vola, Emergency Management Prepared by: Bill Vola, Emergency Management Department: Emergency Management Information ITEM Consider an ordinance amending Chapter 38 "Fire Prevention and Protection" of the Code of Ordinances, Baytown, Texas, to repeal Article VI "Fireworks" and to add a new Article VI "Explosives, Fireworks, and Pyrotechnics" in order to provide regulations and permitting requirements for fireworks, pyrotechnics, and explosives within the City's jurisdiction, and amending Section "Fees" of the Code to establish permit fees therefor. PREFACE The city s current fireworks ordinance was written in Baytown has significantly increased in population, density and area since that ordinance was written. Equipment, processes, and licensure requirements are significantly different today than they were nearly 20 years ago. Our current fireworks ordinance is completely silent on the use of pyrotechnics, whether indoors or outdoors. Nationwide, numerous unfortunate incidents leading to multiple deaths have occurred due to unsafe or unregulated use of indoor pyrotechnics. Most significant in the U.S. was a 2003 pyrotechnics-triggered fire inside The Station nightclub in Rhode Island during a Great White rock concert. One hundred patrons in that nightclub were killed and more than 200 others injured in what remains the fourth most deadly nightclub fire in American history. This proposed ordinance establishes essentially the same general safety standards for pyrotechnics as for fireworks, when a pyrotechnic display is outdoors. When the pyrotechnics display is intended to take place inside of a building or structure, that indoor pyrotechnic display may only take place in a building which is protected by an approved fire sprinkler system throughout, for the safety of the occupants present. The City s existing ordinances are also silent on the use of explosives, except for the recent revisions to Chapter 62-5 (m) for oil & gas wells, which prohibits blasting for seismic testing. This proposed ordinance would codify the City s past practice of not allowing the use of explosives for mining; above ground, surface, below ground or underwater testing; or any other explosives use except for demolition of buildings (implosions) or structures, and would prohibit the storage of explosives in the jurisdiction.

87 This ordinance revision will establish a permitting process for any explosives demolition of a building or structure, with an application, comprehensive design, and fees to offset the costs of public safety analysis. It will establish security standards for the blasting area and requires that the contractor provide for police and fire/rescue service standby protection at all times when explosives are on site, at the contractor s expense. This revision also updates the insurance coverage and bonding requirements for fireworks, pyrotechnics and explosives use to reflect the current costs of loss and litigation, as recommended by the city s Risk Manager. Additionally, this ordnance will amend Chapter 2, Article V, Division 1, Section of the City Code to establish permit fees for fireworks, pyrotechnics, and explosives permits. RECOMMENDATION Staff recommends approval. Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: N Amount Needed: Fiscal Impact (Additional Information): NONE Ordinance - Explosives Attachments

88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING CHAPTER 38 FIRE PREVENTION AND PROTECTION ARTICLE VI FIREWORKS, OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AMENDING CHAPTER 38 FIRE PREVENTION AND PROTECTION OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, BY ADDING A NEW ARTICLE TO BE NUMBERED AND ENTITLED ARTICLE VI EXPLOSIVES, FIREWORKS AND PYROTECHNICS TO PROVIDE REGULATIONS AND PERMITTING REQUIREMENTS FOR THE SAFE USE OF FIREWORKS, PYROTECHNICS AND EXPLOSIVES AND TO PROHIBIT THE STORAGE OF FIREWORKS, PYROTECHNICS, AND EXPLOSIVES WITHIN THE CITY'S JURISDICTION; AMENDING CHAPTER 2 ADMINISTRATION, ARTICLE V FINANCE, DIVISION 1 GENERALLY, SECTION FEES FOR VARIOUS CITY SERVICES, SUBSECTION (3) FIRE SERVICES OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD AN APPLICATION FEES FOR A FIREWORKS OR PYROTECHNICS PERMIT AND AN EXPLOSIVES PERMIT; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. ****************************************************************************** BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That Chapter 34 Fire Prevention and Protection, Article VI Fireworks, of the Code of Ordinances, Baytown, Texas, is hereby repealed. Section 2: That Chapter 34 Fire Prevention and Protection of the Code of Ordinances, Baytown, Texas, is hereby amended by adding a new article to be numbered and entitled Article VI Explosives, Fireworks and Pyrotechnics, which article shall read as follows: CHAPTER 38. FIRE PREVENTION AND PROTECTION ARTICLE VI. EXPLOSIVES, FIREWORKS AND PYROTECHNICS Sec Definitions. DIVISION 1. GENERALLY The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Blaster means a person who: 1

89 1. either a. detonates or otherwise effects the explosion of an explosive and is employed by a user or b. personally supervises another engaged in that activity; and 2. holds the appropriate licenses, permits and credentials necessary to receive, possesses and use explosives in accordance with all applicable federal and state laws and regulations. Explosive means any substance, or combination of substances, the primary or common purpose of which is detonation or rapid combustion and which is capable of a relatively instantaneous or rapid release of gas and heat. The term explosive includes, but is not limited to, the following: 1. Explosives as defined in Title 18 of the United States Code, 2. Dynamite, nitroglycerine, picric acid, lead azide, fulminate of mercury, propellant explosives, detonating primers, blasting caps, commercial boosters, ammonium nitrate-fuel oil mixture (blasting agent), or any explosives as defined in Section 841 of Title 18 of the United States Code and published pursuant to Section of Title 27 of the Code of Federal Regulations, and 3. Substances determined to be division 1.1, 1.2, 1.3, 1.5 or 1.6 explosives as classified in Section of Title 49 (1999) of the Code of Federal Regulations. The term explosive does not include the following: 1. small arms ammunition, 50 pounds or less of black powder or smokeless small arms powder, 25,000 small arms ammunition percussion caps or primers used for small arms; 2. products being transported on any railway, navigable waters, or federal highway which is compliant with United States Department of Transportation regulations for their safe transport; or 3. energetic materials used by military or licensed public safety explosive ordinance disposal technicians or law enforcement officers in the execution of their sanctioned training or official duties. Fire chief shall mean the chief of the city s fire department. Fireworks means any composition or device: 2

90 1. designed for entertainment to produce a visible or audible effect by combustion, explosion, deflagration, or detonation; and 2. listed by Section of Title 27 of the Code of Federal Regulations as Division 1.4, commonly referred to as Class 1.4G explosives. The term fireworks does not include the following: 1. a toy pistol, toy cannon, toy gun, or other device that uses paper or plastic caps in sheets, strips, rolls, or individual caps that contain not more than an average of 25 hundredths of a grain of explosive composition per cap and that is packed and shipped under 49 C.F.R. Part 173 (1996); 2. a model rocket or model rocket motor designed, sold, and used to propel recoverable aero models; 3. a propelling or expelling charge consisting of a mixture of sulfur, charcoal, and potassium nitrate; 4. novelties or trick noisemakers; 5. pyrotechnic signaling devices or distress signals for marine, aviation, or highway use in emergency situations; 6. a fusee or a railway torpedo by a railroad; 7. Small arms ammunition, black powder or smokeless small arms powder used for loading small arms ammunition; or 8. the sale of blank cartridges for: (a) use in a radio, television, film, or theater production; (b) a signal or ceremonial purpose in an athletic event; or (c) an industrial or construction purpose. Fireworks 1.3G means a large fireworks device: 1. primarily designed to produce visible or audible effects by combustion, deflagration, or detonation; and 2. classified as a 1.3G explosive by the department in 49 C.F.R. Part 173 (1996). Fireworks 1.4G means a small fireworks device: 3

91 1. primarily designed to produce visible or audible effects by combustion, deflagration, or detonation; 2. that complies with the construction, labeling, and chemical composition requirements of the United States Consumer Product Safety Commission in 16 C.F.R. Part 1507 (1996), or the most recently adopted version of that rule; and 3. that is classified by the department in 49 C.F.R. Part 173 (1996). Items classified as 1.4G explosives are consumer fireworks allowed by federal law or regulations to be sold for use by the general public. These are formerly known as Class C common fireworks. Flame effects means a stationary or hand-held device of solid, liquid, or gas, designed specifically to produce an open flame when ignited to display a thermal, physical, visual, or audible phenomenon as defined in NFPA Standard 160. Such devices include paraffin wax candles, LPG candles, torches, and LPG burners. Flame effects operator means an individual who, by experience, training, or examination, has demonstrated the skill and ability to safely assemble, conduct, or supervise flame effects in accordance with V.T.C.A., Occupations Code, Instantaneous or rapid release means substance, or combination of substances, when ignited, burn at rates faster than the speed of sound (1,116 feet per second or 340 meters per second at sea level on a Standard Day). Jurisdiction shall mean and include the territory within the city s limits and territory within 5,000 feet outside of the city s limits. NFPA Standard 1126 means the edition of the National Fire Protection Association, Standard 1126, Standard for the Use of Pyrotechnics before a Proximate Audience. NFPA Standard 160 means the edition of the National Fire Protection Association, Standard 160, Standard for Flame Effects Before an Audience. Pyrotechnic operator means an individual who, by experience, training, and examination, has demonstrated the necessary skill and ability for safely assembling, discharging, and supervising public displays of Fireworks 1.3G or Fireworks 1.4G. Pyrotechnic special effects operator means an individual who, by experience, training, and examination, has demonstrated the necessary skill and ability for safely assembling, discharging, and supervising proximate displays of Fireworks 1.3G or Fireworks 1.4G Pyrotechnics mean devices or products which use controlled exothermic chemical reactions that are timed to create the effects of heat, gas, sound, dispersion of aerosols, emission of visible electromagnetic radiation, or a combination of these effects to provide the maximum 4

92 effect from the least volume. Pyrotechnics are commonly used in the entertainment, music, theatrical, video and movie industries to create visible and/or audible special effects. The term pyrotechnics does not include the use of a pyrotechnic device by a military or law enforcement organization in the execution of their sanctioned training or official duties. Pyrotechnician is a person who currently holds one or more of the following licenses issued by the state fire marshal s office: 1. pyrotechnic operator s license 2. pyrotechnic special effects operator s license, or 3. flame effects operator s license, User means a person who, as the final consumer, uses an explosive. DIVISION 2. OFFENSES Sec Sale, storage, possession or distribution prohibited. Except as provided in this article, it shall be unlawful for any person to manufacture, store, sell, distribute, possess or offer for sale or distribution any kind or character of explosives, pyrotechnics, fireworks, firecrackers, torpedoes, sky rockets, Roman candles, or any other similar thing within the jurisdiction. Sec Unlawful discharge, ignition, display, or detonation. Except as provided in this article, it shall be unlawful for any person without a permit, to: 1. Ignite, detonate, cast, throw, discharge or explode any, firecracker, torpedo, sky rocket, Roman candle or any other similar firework or to cause to be ignited, detonated, cast, thrown, discharged, or exploded any substance of an explosive or pyrotechnical nature above, below, within, or upon any land, structure, body of water, or any other place within the jurisdiction; 2. Ignite, detonate, or cause to be ignited or detonated, any pyrotechnic charge or device above, below, within or upon any land, structure, body of water or any other place within the jurisdiction; or 3. Detonate, or cause to be detonated any explosive above, below, within or upon any land, structure, body of water or any other place within the jurisdiction. Sec Exceptions. This division shall not apply to: 5

93 1. A display of fireworks made under the terms and conditions of this article if such display is properly permitted by the fire chief upon compliance with this article. 2. A pyrotechnical use made under the terms and conditions of this article, when such display is properly permitted by the fire chief upon compliance with this article. 3. Use of explosives for a controlled demolition of a structure made under the terms and conditions of this article, when such demolition is permitted upon compliance with this article. Sec Penalty for violation. Any person violating any provision of this article shall, upon conviction be punished by a fine as provided in section Sec Permit application. DIVISION 3. PERMITS Any person desiring to engage in conduct described by section must first make application to the fire chief for a fireworks, pyrotechnics, or explosives use permit at least fourteen (14) calendar days prior to the date of the proposed display or pyrotechnic use and at least thirty (30) calendar days for the use of explosives. Applications must be verified under oath on forms supplied by the fire chief and shall include or be accompanied by the following information: 1. Date of the application; 2. Name, address, address and phone number of the applicant; 3. Name, address, address and cell phone number of the applicant s emergency contact; 4. Type of permit sought; 5. Description of materials to be used along with a detailed explanation of the process and method to be used; 6. Location, type and description of structure to be demolished if an explosives use permit is sought; 6

94 7. Name, address, address and phone number of owner of the property where the display or use will be conducted along with a signed and notarized statement of authorization for the display or use; 8. Name, address, address, phone number of all applicable federal and state permittees or licensees, including their permit or license type, and permit or license number and copy of their current permit(s) or license(s) together with their state issued driver s license or identification card; 9. Name, address, address and cell phone number of the applicant s emergency contact; 10. Scale site plan depicting the following as applicable: a. the specific site where the fireworks display will be fired or launched, including all properties, structures, streets/roads, fire hydrants, bodies of water and other significant terrain features within 1,000 feet of the site from which the fireworks will be launched, b. the features of the structure where the pyrotechnics display is to be triggered including all tables, stages, seating, aisles, columns or other obstructions to egress, all required exits and means of egress such as steps, stairs, elevators, hallways or other exiting components, the locations of all air conditioning, electrical, gas, water and fire sprinkler shutoffs, all fire and security alarm control and annunciator panels, all fire department connections for the fire sprinkler system and all fire hydrants located within 400 feet of any exterior portion of the structure where the pyrotechnical display is requested; or c. the specific site where the structure will be demolished, including all properties, structures, fire hydrants, telephone poles, pipelines, streets/roads, bodies of water and any other significant terrain features within 1,500 feet of any portion of the exterior of that structure. 11. Proposed safety plan for on and off-site risks and actions; 12. Proposed traffic plan; 13. The date and commencement time and the ending time of the fireworks or pyrotechnic display or use of explosives; 14. An insurance certificate meeting the requirements of section ; 15. A non-refundable application fee as established in section of this code; 7

95 16. A sworn statement or affirmation by the applicant that the information provided in the application is true and correct; and 17. Any and all additional information, drawings, pictures, designs, specifications, documents or other details that the fire chief shall request in support of his assessment of the public and life safety risks of the requested display or compliance with the conditions for a permit as set forth in this article. Sec Permit issuance or denial, term and transferability. (a) Fireworks or pyrotechnics permit. If, after an application for a fireworks or pyrotechnics permit is filed in accordance with section , the fire chief determines that: (1) The application complies in all respects with the terms of this article; and (2) The proposed display, use or detonation of fireworks or pyrotechnics: a. Will not create a nuisance; b. Will not be contrary to public safety, hazardous to property or dangerous to any person; c. Will comply with all respects with this article; and d. Is acceptable after considering the following factors: 1. The location of the display, use or detonation; 2. The amount of fireworks or pyrotechnics to be used; and 3. The pendency of other activities at and adjacent to the property on which the fireworks or pyrotechnics will be used; the fire chief will approve the application or approve the application with those conditions and restrictions that the fire chief deems necessary to ensure the public safety. If the application is approved, a permit shall be issued for the display, use, ignition or detonation by the fire chief. Such permit shall be for a period of time designated on the permit, but shall not exceed ten (10) calendar days. If the application is denied, the fire chief shall notify the applicant of the denial and the reasons therefor in writing. (b) Explosives permit. If, after an application for an explosives permit is filed in accordance with Section and after receiving input from the city engineer and the city s emergency manager, the fire chief determines that: 8

96 (1) The application complies in all respects with the terms of this article; and (2) The proposed use or detonation of explosives: a. Will not create a nuisance; b. Will not be contrary to public safety, hazardous to property or dangerous to any person; c. Will comply with all respects with this article; and d. Is acceptable after considering the following factors: 1. The location of the display, use or detonation; 2. The amount of fireworks or pyrotechnics to be used; and 3. The pendency of other activities at and adjacent to the property on which the fireworks or pyrotechnics will be used; the fire chief will approve the application or approve the application with those conditions and restrictions that the fire chief deems necessary to ensure the public safety. If the application is approved, a permit shall be issued for the display, use, ignition or detonation by the fire chief. Such permit shall be for a period of time designated on the permit, but shall not exceed ten (10) calendar days. If the application is denied, the fire chief shall notify the applicant of the denial and the reasons therefor in writing. (c) Non-transferability. A permit issued under this article is not transferable, assignable or divisible and it is a violation of this article for any person to attempt to do so. Sec Insurance, indemnity and bond required. (a) Insurance. (1) Fireworks or pyrotechnics permit. An applicant for a fireworks or pyrotechnics permit shall, at the time of making application and throughout the term of any resulting permit, maintain the following insurance coverages in full force and effect: a. Workers compensation insurance with statutory limits and a waiver of subrogation in favor of the city; b. Commercial general liability insurance with an aggregate of at least $1,000,000 per occurrence and at least 3,000,000 aggregate; and 9

97 c. Automobile liability insurance of no less than $1,000, combined single limits. (2) Explosives permits. An applicant for an explosives permit shall, at the time of making application and throughout the term of any resulting permit, maintain the following insurance coverages in full force and effect: a. Workers compensation insurance with statutory limits and a waiver of subrogation in favor of the city; b. Commercial general liability insurance with an aggregate of at least $3,000,000 per occurrence and at least 5,000,000 aggregate; and c. Automobile liability insurance of no less than $1,000, combined single limits. (3) General requirements. The following is applicable to all policies required by this section: a. General liability insurance shall be written by a carrier with an A:VIII or better rating in accordance with the current Best Key Rating Guide. b. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. c. Deductibles shall be listed on the certificate of insurance and are acceptable only on a per occurrence basis. d. Claims made policies will not be accepted. e. The City of Baytown, its officials, employees and volunteers, are to be added as "additional insured" to all liability policies. The coverage shall contain no special limitations on the scope of protection afforded to the owner, its officials, employees or volunteers. f. If the operator receives notice that any insurance policy required herein is suspended, voided, cancelled, reduced in coverage or in limits, the permittee shall provide the city prompt written notice by certified mail, return receipt requested. g. Upon request, certified copies of all insurance policies shall be furnished to the City of Baytown. h. Certificates of insurance must be delivered to the fire chief, evidencing all the required coverages, including endorsements, prior to the issuance 10

98 of permit under this article and must be updated prior to the policy termination or cancellation date. i. Any failure on part of the city to request required insurance documentation will not constitute a waiver of the insurance requirement specified herein. j. During the term of the permit issued under this article, the permittee will report, in a timely manner, to the fire chief any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. (b) Indemnity. Any permit issued under this article shall not be effective unless it contains the following: Permittee agrees to and shall indemnify, hold harmless and defend, the city, its officers, agents and employees, collectively referred to as "city," from and against any and all claims, losses, damages, causes of action, suits and liability of every kind, including all expenses of litigation, court costs, and attorneys' fees for injury to or death of any person, or for damage to any property, arising out of or in connection with the operations permitted herein, where such injuries, deaths or damages are caused by the concurrent negligence of the city and permittee and/or by the joint or sole negligence of the permittee. It is the expressed intention of the parties hereto, both permittee and the city, that the indemnity provided for in this paragraph is an indemnity by permittee to indemnify, protect and defend the city from the consequences of the city's own negligence, where that negligence and permittee's negligence are concurring causes of the injury, death or damage; and/or the permittee's joint and sole negligence. Furthermore, the indemnity provided for in this paragraph shall have no application to any claim, loss, damage, cause of action, suit and liability where the injury, death or damage results from the sole negligence of the city unmixed with the fault of any other person or entity. In the event that any action or proceeding is brought against the city by reason of any of the above, permittee further agrees and covenants to defend the action or proceeding by legal counsel acceptable to the city. This indemnity shall survive the revocation or expiration of the permit. (c) Bond. Before a permit is issued under this article, the applicant shall be required to tender to the city a $100, cash bond or other form of security acceptable to the city, the purpose of which is (i) to protect the city from any damages to traffic signs/markers, roads, bridges, drainage facilities, rights-of-way, and infrastructure owned by the city caused, in whole or in part, by permittee's operations and (ii) to ensure the safe removal, disposal and remediation of hazardous conditions caused, in whole or in part, by permittee s operations. In the event the city, at its sole and exclusive option, determines 11

99 that any repairs or remediation is required as a result of applicant's operations, the city shall make such repairs or perform such remediation activities and deduct the cost thereof from the cash bond amount without further notice to permittee. The city shall provide permittee a monthly accounting of all repairs and deductions made to the cash bond, which accounting shall be made only if a deduction has been made for which no prior accounting has been tendered. Upon expiration of one year from the effective date of the permit, the city shall refund any balance of the cash bond to permittee, upon written application for same. Should the costs to repair or replace damaged property exceed the amount of the cash bond, permittee shall reimburse the city for such costs within 30 days of the receipt of invoice. Costs not timely paid shall accrue interest at the rate of one percent per month. Sec Revocation of permits. (a) (b) (c) A violation of this article or any condition of a permit issued under this article shall constitute an immediate and emergency hazard to the public s safety. The fire chief has sole discretion to order the fireworks, pyrotechnics or explosives use or display immediately terminated and to revoke any such permit issued. Any permit for use or display of fireworks, pyrotechnics and/or explosives, which has been revoked for failure to adhere to requirements of the permit or failure to comply with this article, shall not be reinstated or re-issued and all fees, charges or costs paid for said permit shall be forfeited. Any permittee whose permit has been revoked shall be ineligible for any new permits authorized under this article for no less than 180 calendar days from the date of the revocation ordered herein. (d) Any permittee, who has been ordered to terminate a fireworks, pyrotechnics or explosives use or whose permit has been revoked in accordance with subsection (a), shall immediately and safely remove all fireworks, pyrotechnics and explosives from the jurisdiction. Should permittee fail to do so, the fire chief shall safely remove all fireworks, pyrotechnics and explosives from the jurisdiction at the permitee s expense, which expense may be deducted from the bond posted in accordance with section Sec Appeals. (a) (b) Under this article, any person aggrieved by the decision of the fire chief for denial or revocation of a permit may appeal such decision to the city manager by filing a written appeal with the city clerk within ten days after the fire chief issues notice of the denial or revocation. An appeal shall not stay the fire chief s decision on the denial or revocation of a license. 12

100 (c) (d) (e) The written request for an appeal shall set out in detail the grounds on which the denial or revocation is challenged. If an appeal is properly filed, the city manager shall hold a hearing, wherein he will receive oral and written testimony regarding the permit denial or revocation After hearing the appeal and considering oral and written testimony, the city manager may uphold, modify or reverse the decision of fire chief. The decision of the city manager shall be final and binding upon the city and the permittee. DIVISION 4. REGULATIONS Sec Limits for fireworks or pyrotechnics display. (a) (b) Any fireworks display authorized under this article shall be limited to an aerial display. The range of the aerial display shall not be more than 200 feet, and the fireworks shall be discharged vertically from launchers which meet NFPA 1126 Standard for the Use of Pyrotechnics Before a Proximate Audience. Any pyrotechnics display shall be conducted outdoors unless an indoor pyrotechnics display is: (1) conducted inside a structure having an approved, operational NFPA 13 compliant fire sprinkler system throughout the structure and (2) approved by the fire chief as noted on the permit. Sec Limitation on time and number of displays. (a) No permitted fireworks display shall commence prior to 1:00 p.m. or later than 10:00 p.m. However, fireworks displays may commence between the hours of 10:00 p.m. and 11:59 p.m. on December 31 of any year and between the hours of 12:00 midnight and 1:00 a.m. on January 1 of any year if such displays comply with all other requirements of this code. Any display authorized by this article shall be completed within one hour after the time the display commences, and no permit shall authorize more than one (1) display in a twenty-four hour period. (b) No permitted pyrotechnics display shall occur prior to 6:00 a.m. or after 11:59 p.m. on any day, unless the fire chief has approved a pyrotechnics display inside of a structure between the hours of 6:00 a.m. and 02:00 a.m. the next day. No permit shall authorize more than one (1) display within a 24 hour period. 13

101 (c) No permitted explosives shall be detonated prior to 7:00 a.m. or after 2:00 a.m., unless the fire chief has approved a detonation prior to or after those hours will serve the public safety. Sec Materials stored in jurisdiction. (a) Fireworks or pyrotechnics. The material to be used for a fireworks or pyrotechnics display authorized by this article shall not be stored within the jurisdiction but shall be brought in on the day of the display or use and shall be taken immediately to the place of display or use for further handling and storage. (b) Explosives. Explosives to be used for a controlled demolition shall not be stored within the jurisdiction prior to their placement in the structure to be demolished. No explosives shall be brought into the jurisdiction until the measures set forth in this section, and any others required by the police chief, have been installed and approved by the city s police chief. Sec Hazardous conditions prohibited. (a) (b) Fireworks or pyrotechnics use or display shall not be of such a character and so located, discharged, launched or ignited as to be hazardous or dangerous to persons or property as determined in the sole discretion of the fire chief. Explosives shall not be permitted to be used for the purposes of mining, underground or underwater, surface or aerial testing, weapons testing, excavation, or any other purposes within the jurisdiction, except as provided in this article. Sec Qualifications of persons handling fireworks, pyrotechnics, or explosives. (a) (b) Any person handling the display of fireworks or pyrotechnics authorized under this article shall be over the age of 18 and shall be an experienced pyrotechnic operator licensed and/or approved by the state fire marshal and the federal bureau of alcohol, tobacco, firearms and explosives. Any person not meeting these qualifications shall not possess, handle, ignite or detonate any fireworks, pyrotechnics or explosives. The names of the approved fireworks or pyrotechnic operators shall be designated on the permit issued. Any person receiving, transporting, possessing or using any permitted explosive under this article shall be over the age of 18 and shall be licensed and/or approved by the state fire marshal and the federal bureau of alcohol, tobacco, firearms and explosives in accordance with the requirements of Title 18 of the United States Code, Article 40. The names of the approved blasters shall be designated on the permit issued. 14

102 Sec Required personnel and safety measures. (a) (b) (c) (c) Fireworks. At each permitted display of fireworks authorized under this article, at least: one (1) city fire engine company, one (1) city transport ambulance, and three (3) city police officers, shall be on site at least 1 hour prior to, during, and at least 1 hour after the display. Pyrotechnics. At each permitted display or use of pyrotechnics authorized under this article, whether inside or outdoors, not less than two (2) city firefighters and two (2) city police officers shall be in attendance at least 1 hour prior to, during, and for at least 1 hour after the display or use has ended. Explosives. Prior to the placement of any explosives in a structure to be demolished, the structure shall be secured by a minimum of a six (6) foot high, chain link fence that completely encircles the entirety of the structure and is at least fifty (50) feet from any portion of that structure. The exterior of that structure and enclosed perimeter shall be lit by high intensity portable lights as approved by the city s police chief and each gate or opening in that security fence shall be staffed 24 hours a day by a state licensed, armed security. In addition, at least two (2) Baytown police officers will be assigned to patrol the perimeter of the site 24 hours a day. These lighting, gate and perimeter security measures shall remain in effect until the detonation has occurred and the site has been inspected and certified free of undetonated explosives, by the permittee. Costs for on-site public safety personnel and measures. The total expense of such firefighters, fire equipment, ambulances, police officers, police vehicles, fencing, lighting, and all private security equipment, measures and forces required to be on site by this article or as required by the fire chief or police chief shall be borne solely by the applicant and estimated costs from the city s fire and police departments for their personnel and equipment shall be paid in advance at the time of the receipt of the permit. The permittee is required to reimburse the city for all of the actual costs for all personnel at hourly overtime rates, equipment and vehicles at hourly rates as set forth by the city. All such costs shall be paid to the City within thirty (30) days of receipt of an invoice therefor. Sec Notification. (a) Written notice. Permittee shall notify in writing each owner, resident and/or business located within 1,000 feet of its planned display or use of fireworks or pyrotechnics, or explosives 24 to 48 hours prior to such display or use. Permittee shall also provide to such owner, resident, and/or business, in writing, the name of permittee's insurance carrier, the types and amount of insurance covering its proposed operations, the name and telephone number of an individual to contact in case of a claim for personal injury or property damage, and the procedure for obtaining a copy of permittee's insurance certificate. 15

103 (b) (c) (d) Published notification. Not more than fifteen (15) days or less than ten (10) days prior to use of fireworks, outdoor pyrotechnics or explosives, permittee shall place newspaper an advertisement in the official newspaper of the city of not less than three inches by four inches (3 4 ) describing the use of fireworks, outdoor pyrotechnics or explosives, the location of the use, and a toll-free telephone number where residents may call for more information. Utility notification. Whenever explosives are to be used in the vicinity of gas, electric, water, fire alarm, telephone, telegraph or stream utilities, the permittee shall notify the appropriate representatives of such utilities at least 24 hours in advance of commencement of operations specifying the location and intended time of such activity. Sign notification. Within 24 hours of the issuance of an explosives permit, permittee shall place signs on the property giving the public notice of the activities, including the name, address and 24-hour phone number of the person conducting the activities. The sign must be located within ten feet of the property line bordering a public highway, street, or road and must be constructed of durable material, maintained in good condition and have a surface area of not less than two square feet or more than four square feet. Lettering must not be less than three inches in height and block print, in a solid color that contrasts with the background. No permanent markings shall be made on trees, roads or any property not belonging to the operators, nor shall any signs be attached to tree in any fashion. Section 3: That Chapter 2 Administration, Article V Finance, Division 1 Generally, Section Fees for various city services, subsection (3) Fire services of the Code of Ordinances, Baytown, Texas, is hereby amended by adding an application fee for the fireworks or pyrotechnics permit and for the explosives permit, which addition shall read as follows: Sec Fees for various city services. CHAPTER 2. ADMINISTRATION ARTICLE V. FINANCE DIVISION 1. GENERALLY The fees set out below are adopted for the city services outlined herein: (3) Fire services. Any person applying to the city for a permit or approval for the following fire services shall pay to the city, prior to the issuance of the permit or obtaining an approval, the fee as indicated hereinbelow: Activity Fee... Miscellaneous... Fireworks or pyrotechnics permit $ Explosives Permit $

104 Section 4: Any person who fails to comply with any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief, administrative adjudication and revocation of licenses or permits. Section 5: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 6: If any provisions, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. Section 7: This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10) days after passage of this ordinance. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 28 th 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\2015\May 28\Explosives Ordinance 2015.docx 17

105 BAYTOWN CITY COUNCIL MEETING 4. d. Meeting Date: 05/28/2015 Subject: Consider authorizing customer credits for amounts overbilled for water & sewer service. Prepared for: Carl Currie, Finance Prepared by: Carl Currie, Finance Department: Finance Information ITEM Consider an ordinance authorizing a refund of utility service overpayments made by Spring Meadow Municipal Utility District. PREFACE Water and sewer billings for two utility accounts with Spring Meadow Municipal Utility District were over billed over the last 4 years due to inaccurate rooftop counts submitted by the District to the City's Utility Billing Division: 1.) Account proposed credit is for $36,957.07, which at correct billing amounts averaging about $40,000 per month over the last twelve months, will absorb the proposed credit in less than one month. This account's reported rooftops were 1,116 for the affected period and the actual rooftops during this period should have been 1,045 according to the District's management. 2.) Account proposed credit is for $296,520.57, which at correct billing amounts averaging about $56,000 per month over the last twelve months, will absorb the proposed credit in 5 to 6 months. This account's reported rooftops were 1,527 for the affected period and the actual rooftops during this period should have been 215 according to the District's management. Both accounts have been corrected in the City's Utility Billing system and are currently being issued bills at the correct rooftop counts as reported by the District. RECOMMENDATION Staff recommends approval. Fiscal Impact Fiscal Year: 2015 Acct Code: /46002 Source of Funds (Operating/Capital/Bonds): Operating Funds Budgeted Y/N: n

106 Amount Needed: $333, Fiscal Impact (Additional Information): Fiscal impact will be less revenue collected over the next five to six months, but these customer credits are necessary to reflect the amounts that should have been billed and collected over the last four years. Billing going forward is representative of customer's rooftop counts reported to Utility Billing. Attachments springmeadows credits Ordinance - Spring Meadows MUD Credits

107 SPRING MEADOWS MUD BILLING CORRECTION REPORT 2015 *Billed for 1116 vs 1045 connections Consumption Used Billing Should Have Billed Billed Difference Total Per Thousand Date Water Sewer Water Sewer Water Sewer Overage 6,448 04/07/10 $29, $30, $44, $44, $14, $14, $28, ,314 05/10/10 $24, $25, $25, $25, $83.50 $82.13 $ ,080 06/07/10 $41, $41, $41, $42, $83.83 $82.31 $ ,249 07/02/10 $38, $38, $38, $38, $83.85 $82.49 $ ,281 08/09/10 $38, $38, $38, $38, $83.98 $82.55 $ ,709 09/03/10 $35, $35, $35, $35, $83.70 $82.36 $ ,115 10/04/10 $37, $37, $37, $37, $83.76 $82.29 $ ,096 11/08/10 $37, $37, $37, $37, $83.91 $82.45 $ ,289 12/06/10 $29, $29, $29, $29, $83.71 $82.34 $ ,384 01/10/11 $25, $25, $25, $25, $83.89 $82.55 $ ,755 02/07/11 $19, $19, $22, $19, $3, $87.33 $3, ,288 03/07/11 $21, $21, $21, $21, $88.83 $87.33 $ ,700 04/04/11 $23, $23, $23, $23, $88.83 $87.46 $ ,847 05/09/11 $28, $29, $28, $29, $88.47 $87.08 $ ,715 06/06/11 $42, $42, $42, $42, $88.59 $87.09 $ ,524 07/01/11 $55, $56, $55, $56, $88.98 $87.57 $ ,533 08/08/11 $46, $46, $46, $46, $88.66 $87.28 $ ,654 09/02/11 $37, $37, $37, $37, $88.58 $87.21 $ ,659 10/03/11 $13, $13, $13, $14, $88.69 $87.30 $ ,694 11/07/11 $18, $18, $18, $18, $88.56 $87.14 $ ,494 12/05/11 $33, $34, $31, $31, $2, $2, $5, ,673 01/09/12 $24, $24, $24, $24, $93.85 $92.41 $ ,468 02/06/12 $28, $28, $28, $28, $93.49 $92.08 $ ,749 03/05/12 $25, $25, $25, $25, $93.85 $92.48 $ ,896 04/09/12 $15, $15, $15, $16, $93.82 $92.46 $ ,252 05/07/12 $12, $12, $12, $12, $93.60 $92.14 $ ,722 06/04/12 $14, $15, $15, $15, $93.90 $92.51 $ ,006 07/09/12 $26, $26, $26, $26, $93.93 $92.54 $ ,004 08/06/12 $21, $21, $21, $21, $93.64 $92.19 $ ,121 09/10/12 $26, $27, $27, $27, $93.67 $92.29 $ ,922 10/08/12 $20, $21, $21, $21, $93.51 $92.06 $ ,439 11/05/12 $23, $23, $23, $23, $93.73 $92.28 $ ,877 12/10/12 $20, $20, $20, $20, $93.64 $92.20 $ ,750 01/07/13 $20, $20, $20, $20, $93.64 $92.21 $ ,179 02/04/13 $17, $17, $17, $17, $93.91 $92.54 $ ,738 03/04/13 $20, $20, $20, $20, $93.93 $92.53 $ ,146 04/08/13 $17, $17, $17, $17, $93.74 $92.35 $ ,419 05/06/13 $18, $18, $18, $18, $93.61 $92.18 $ ,531 06/10/13 $19, $19, $19, $19, $93.84 $92.40 $ ,515 07/08/13 $23, $24, $24, $24, $93.73 $92.34 $ ,148 08/05/13 $22, $22, $22, $22, $93.46 $92.04 $ ,637 09/09/13 $24, $24, $24, $24, $93.62 $92.26 $ ,920 10/07/13 $25, $26, $26, $26, $93.71 $92.33 $ ,964 11/04/13 $21, $21, $21, $21, $93.88 $92.51 $ ,030 12/02/13 $22, $22, $22, $22, $98.60 $98.68 $ ,685 01/06/14 $15, $15, $15, $15, $98.60 $98.62 $ ,135 02/03/14 $18, $18, $18, $18, $98.41 $98.44 $ ,639 03/10/14 $15, $15, $15, $15, $98.76 $98.71 $ ,593 04/07/14 $20, $20, $20, $20, $98.54 $98.44 $ ,165 05/05/14 $18, $18, $18, $18, $98.52 $98.54 $ ,415 06/09/14 $19, $19, $19, $19, $98.48 $98.48 $ ,422 07/07/14 $19, $19, $19, $19, $98.61 $98.62 $ ,384 08/04/14 $19, $19, $19, $19, $98.97 $98.90 $ ,217 09/08/14 $23, $23, $23, $23, $98.82 $98.86 $ ,585 10/06/14 $20, $20, $20, $20, $98.90 $98.93 $ ,420 11/03/14 $19, $19, $19, $19, $98.59 $98.55 $ ,587 12/01/14 $21, $21, $21, $21, $ $ $ ,391 01/05/15 $20, $20, $20, $20, $ $ $ Total Due For $36, Account #

108 SPRING MEADOWS MUD BILLING CORRECTION REPORT 2015 *Billed for 1527 vs 215 connections Consumption Used Billing Should Have Billed Billed Difference Total Per Thousand Date Water Sewer Water Sewer Water Sewer Overage 4,674 12/06/10 $21, $21, $22, $22, $1, $1, $2, /10/11 $1, $1, $6, $6, $5, $5, $10, /07/11 $1, $1, $10, $7, $9, $5, $14, /07/11 $1, $1, $7, $7, $5, $5, $11, /04/11 $1, $1, $7, $7, $5, $5, $11, /09/11 $1, $1, $7, $7, $5, $5, $11, /06/11 $4, $4, $8, $8, $4, $4, $9, /01/11 $1, $1, $7, $7, $5, $5, $11, /08/11 $1, $1, $7, $7, $5, $5, $11, /02/11 $4, $4, $8, $8, $4, $4, $9, ,099 10/03/11 $33, $33, $34, $35, $1, $1, $2, ,862 11/07/11 $13, $13, $14, $14, $1, $1, $2, /05/11 $1, $1, $6, $6, $5, $5, $10, /09/12 $1, $1, $10, $10, $8, $8, $17, /06/12 $1, $1, $10, $10, $8, $8, $17, /05/12 $1, $1, $10, $10, $8, $8, $17, ,289 04/09/12 $11, $11, $15, $15, $3, $3, $7, ,002 05/07/12 $15, $15, $17, $17, $1, $1, $3, ,824 06/04/12 $34, $34, $36, $36, $1, $1, $3, ,290 07/09/12 $16, $16, $18, $18, $1, $1, $3, ,995 08/06/12 $20, $20, $21, $22, $1, $1, $3, ,085 09/10/12 $20, $20, $22, $22, $1, $1, $3, ,047 10/08/12 $20, $20, $22, $22, $1, $1, $3, ,205 11/05/12 $21, $21, $23, $23, $1, $1, $3, ,577 12/10/12 $18, $18, $19, $19, $1, $1, $3, ,441 01/07/13 $17, $17, $19, $19, $1, $1, $3, ,322 02/04/13 $16, $16, $18, $18, $1, $1, $3, ,401 03/04/13 $17, $17, $19, $19, $1, $1, $3, ,312 04/08/13 $16, $16, $18, $18, $1, $1, $3, ,641 05/06/13 $18, $18, $20, $20, $1, $1, $3, ,848 06/10/13 $19, $19, $21, $21, $1, $1, $3, ,981 07/08/13 $25, $25, $26, $27, $1, $1, $3, ,381 08/05/13 $32, $32, $33, $34, $1, $1, $3, ,493 09/09/13 $17, $17, $19, $19, $1, $1, $3, ,522 10/07/13 $22, $23, $24, $24, $1, $1, $3, ,328 11/04/13 $16, $17, $18, $18, $1, $1, $3, ,835 12/02/13 $25, $26, $27, $27, $1, $1, $3, ,731 01/06/14 $25, $25, $27, $27, $1, $1, $3, ,330 02/03/14 $23, $23, $25, $25, $1, $1, $3, ,790 03/10/14 $25, $25, $27, $27, $1, $1, $3, ,016 04/07/14 $21, $21, $23, $23, $1, $1, $3, ,379 05/05/14 $23, $23, $25, $25, $1, $1, $3, ,615 06/09/14 $30, $30, $31, $31, $1, $1, $3, ,378 07/07/14 $34, $34, $35, $36, $1, $1, $3, ,846 08/04/14 $31, $31, $33, $33, $1, $1, $3, ,043 09/08/14 $37, $37, $39, $39, $1, $1, $3, ,331 10/06/14 $28, $28, $30, $30, $1, $1, $3, ,019 11/03/14 $26, $26, $28, $28, $1, $1, $3, ,998 12/01/14 $34, $34, $36, $36, $1, $1, $3, ,155 01/05/15 $23, $23, $25, $25, $1, $1, $3, Total Due For $296, Account # Total Due to MUD $333,477.64

109 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A REFUND OF THREE HUNDRED THIRTY-THREE THOUSAND FOUR HUNDRED SEVENTY-SEVEN AND 64/100 DOLLARS ($333,477.64) FOR OVERPAYMENT OF CERTAIN UTILITY ACCOUNTS OF SPRING MEADOWS MUNICIPAL UTILITY DISTRICT; AUTHORIZING PAYMENT OF SUCH REFUND THROUGH A CREDIT TO THE APPLICABLE UTILITY ACCOUNTS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************************************************ WHEREAS, over the past four (4) years the City of Baytown has overbilled Spring Meadows Municipal Utility District (the District ) on two (2) utility accounts due to inaccurate rooftop counts submitted by the District to the City's Utility Billing Division; and WHEREAS, the City and the District have agreed that the City shall credit the following accounts of the District for the total of the refunds authorized herein, which is as follows: No. Account Number Refund Due $36, $296, WHEREAS, it is expected that refunds authorized herein by crediting the appropriate accounts will be fully realized by the District within the following time periods: No. Account Number Estimated Time to Refund Monies < 1 month to 6 months WHEREAS, since discovery of the inaccurate rooftop counts, the City has corrected the accounts in the City's Utility Billing system and billings have been issued at the correct rooftop counts as reported by the District; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council does hereby authorize the refund in the amount of THREE HUNDRED THIRTY-THREE THOUSAND FOUR HUNDRED SEVENTY-SEVEN AND 64/100 DOLLARS ($333,477.64) to Spring Meadows Municipal Utility District for overpayment of utility billing account numbers and Section 2: That the City council hereby authorizes payment of the refund of the amount specified in Section 1 through crediting the accounts as indicated hereinbelow: No. Account Credit Number Authorized $36, $296,520.57

110 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 28 th day of May, 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\2015\May 28\SpringMeadowMUDRefund.doc 2

111 BAYTOWN CITY COUNCIL MEETING 5. a. Meeting Date: 05/28/2015 Subject: Receive Charter Review Committee Final Report - Charter Review Committee. Prepared for: Leticia Brysch, City Clerk's Office Prepared by: Leticia Brysch, City Clerk's Office Department: City Clerk's Office Information ITEM Receive and discuss the 2015 Charter Review Committee's Final Report. PREFACE This item allows the Council to receive and discuss the 2015 Charter Review Committee's Final Report regarding proposed amendments to the Charter of the City of Baytown. The Charter Review Committee consists of the following members: Chairman Don Murray, appointed by Mayor DonCarlos; Vice Chair Vivian Hemphill, appointed by Council Member Presley; Gilbert Hinojosa, appointed by Council Member Renteria; Randy Dickey, appointed by Council Member Capetillo; Cliff Clements, appointed by Council Member Sain; Pi-Yi Mayo, appointed by Council Member Hoskins; and Donna Winfrey-Varner, appointed by Council Member McCartney. The Committee had its first meeting on February 25, 2014, and held a total of 14 regular meetings and two special meetings. At the special meetings, the Committee conducted public hearings to receive public input. The Committee's final report with its recommendations regarding proposed amendments to the Charter is attached to this item for your review and consideration. RECOMMENDATION Attachments 2015 Charter Review Committee Final Report

112 CITY OF BAYTOWN 2015 CHARTER REVIEW COMMITTEE FINAL REPORT SUBMITTED TO CITY COUNCIL MAY 28, 2015 Page 1 of 96

113 TABLE OF CONTENTS REPORT PAGE Executive summary... 3 Introduction... 4 General observations... 6 Recommendations... 7 Conclusions APPENDICES PAGE 1. Committee Membership and Attestations Analysis Process Rationale for each Ballot Recommendation Support provided by Staff Public Meetings Article in The Baytown Sun Current Working Copy of the City Charter...62 Page 2 of 96

114 1. EXECUTIVE SUMMARY FINAL COMMITTEE REPORT The Charter Review Committee consisted of seven citizens appointed by the City Council. The assignment was to develop Charter change recommendations to Council for its consideration to be on the November 2015 ballot. Council requested very few specific issues to be examined so the Committee took it upon itself to examine the entire Charter. Overall, the Committee found the Charter to be out-of-date and that its condition was not fit to be the Charter of a great city like Baytown. Each of the 140 charter sections was thoroughly examined and discussed. The City staff provided invaluable assistance and support. In addition, the Committee held two public hearings to solicit citizen input and publically provided a process with questions to obtain citizens thoughts and ideas on key issues. A rigorous system was used to allow sorting and ranking of the changes that should be made to the Charter. The findings showed numerous sections were economically inefficient, not in the citizens best interest, inconsistent with modern business practices, inconsistent with current technology, obsolete, inconsistent with state law, etc. Therefore, many sections remained in need of significant modification and/or deletion. The finding of areas that should be changed was not the Committee s major challenge. The major challenge was to rank and prioritize all the areas that need changed. The Committee recommends that the Council consider putting a total of 23 separate items on the November 2015 ballot. These 23 items involve changes to or deletion of 30 Charter sections. These recommended items address the most needed changes of the above-mentioned problem areas. The remainder of this report goes into detail of the Committee s findings, general observations and recommendations as well as the process used for the analyses. The Committee appreciates the opportunity to have served the City in this endeavor. We stand ready to answer any and all questions from the Council, the citizens and the City staff. Page 3 of 96

115 2. INTRODUCTION This is the final report of the 2015 Baytown City Charter Review Committee. The body of the report covers the Committee s activities and the resulting observations and recommendations. The Committee patterned after that used by the 2014 Review Committee. Attached to the report are appendices which provide more detail on key aspects of the endeavor. The appendices will be referred to at various locations in the text. The entire Committee participated in the preparation of this final report. The Charter Review Committee consisted of seven citizens recommended separately by each City Council Member and the Mayor and approved by the City Council as a whole. (Appendix 1). At the first meeting, the Committee elected member Don Murray to be its Chairman. The City of Baytown was chartered in Since then there have been an untold number of changes in the City related to geography, population, technology, culture, state law, business practices, economic principles, etc. The Charter has been changed only four times in these 64+ years involving only 24 sections of the Charter. The current Committee s assignment was to develop Charter change recommendations to the Council for its consideration to be on the November 2015 ballot. Council requested very few specific issues to be examined so the Committee took it upon itself to examine the entire Charter. The Committee met first in January of With only one exception, monthly meetings were held throughout the ensuing 17 months. Member attendance at the meetings was excellent. A large amount of homework was also done by each Committee Member between meetings. All of the meetings were posted per the normal City meeting process. With the cooperation of The Baytown Sun, an article was published to publicize the activity. Public requests were also made for comments. The public was requested to submit either written or webpage responses to questions on a number key issues. Two public hearings were held to solicit additional citizen input. Overall, the Committee was disappointed in the amount of public participation. Only one citizen attended a regular Committee meeting; two citizens attended the public hearings on March 24 th, one attended the 3:00 p.m. hearing and the other attended the 7:00 p.m. hearing; and three citizens submitted written public comments. In spite of this level of public participation, the Committee tried hard to represent the citizens through the entire process. The City staff provided suggestions, comments and legal support during the process without attempting to influence the discussions of the Committee. The staff also obtained a significant amount of useful comparative data from other nearby cities. Extensive and detailed discussions were held on each of the 140 sections of the Charter. The end result is a set of recommendations based on the personal analyses of each Committee Member and the collective analysis of the Committee as a whole. There were times when we did not Page 4 of 96

116 agree on issues but we always either convinced ourselves of a single position or we agreed to disagree with a smiles on our faces. With one exception, the discussions lead to unanimous endorsement of every one of the Committee s recommendations. The Committee had a very interesting, rewarding and sometimes frustrating experience. Our group was very compatible and had the ability to work together and listen to each other. Page 5 of 96

117 3. GENERAL OBSERVATIONS Overall, the Committee found the Charter to be in need of further improvements. The finding of areas that should be changed was not the Committee s major challenge. The major challenge was to prioritize all the areas that need changing. The types of issues fall into a number of categories. These include being economically inefficient, not in the City s and citizens best interest, inconsistent with modern business practices, inconsistent with current technology, obsolete, difficult for the citizens to understand, out of step with peer cities, inconsistent with state law, etc. Many of the sections had more than one of these issues. Therefore, many sections were in need of modification and/or total deletion. Even though the Committee discussed each of the charter sections, the most intense and lengthy discussions centered around the issues of Council/Mayor salary, Council/Mayor term limits, the number and form of City Council districts, and the significance of consistency with state law. The Committee brings forward 23 recommended ballot items, which involve 30 charter sections for Council consideration. Appendix 3 lists each of these items and provides details on the rationale used by the Committee for each proposal. These are the sections that do or can have detrimental impact on the current operations of the City. There are a number of additional charter sections that have less significant negative impact. The potential 2018 Charter Review Committee could examine them further. The Committee attempted to make more comprehensive changes. The Committee considered the efficiency concept of blanket ballot items. These would be single ballot items proposing changes to numerous sections that had common issues such as being obsolete, being out of compliance with state law, etc. These sections would not necessarily be related to each other in terms of a single charter area or subject. The Committee was advised this was not proper. Unless a ballot item is related to a single Charter subject, the ballot item would itself be out of compliance with state law. Thus the Committee abandoned this strategy. This year s Committee was formed responding to the 2012 Charter change that requires the Council act to form a Committee 18 months before the date by which Council is required to call its regular Mayoral election. This year s Committee agrees with this process. We propose changes this year that continue the improvement of the Charter. Another Committee in 2018 could continue with further improvements. The staff support of the Committee was excellent. Many individuals from the Office of the City Manager, the Legal Department, and the Office of the City Clerk were involved. Each time the Committee met, the individuals extended their work day through the meetings. They provided needed information and answers to Committee questions without trying to influence the Committee deliberations. See Appendix 4 for more details on the staff support. Page 6 of 96

118 4. RECOMMENDATIONS The Committee recommends 30 charter changes combined into 23 ballot items covering a broad spectrum of issues. These are all recommended to be on the November 2015 ballot. Details about each ballot item are included in Appendix 3. Shown below are brief descriptions of each of the recommendations. They are listed in order of the charter section number that is involved. Each separate item is a stand-alone item which should be considered separately by the Council. SUMMARY OF RECOMMENDATIONS FOR THE BALLOT Section 3 Powers of the City Expands the current list of the powers of the City related to taxes and assessments, borrowing and appropriating funds, maintaining public works, causes of nuisances, construction regulation and use of streets. Deletes sue and to be sued clause due to sovereign immunity issues. Section 4 Special Provisions for Damage Suits Shortens time City is entitled to receive notice of a claim against it. Better preserves evidence and obtains information closer to the occurrence. Describes what must be in the notice. Affords City time to investigate a claim before a suit is filed. Clarifies that this section is not an unintentional waiver of the City s sovereign immunity. Removes sentence regarding statute of limitations. Section 8 Extending City Limits upon Petition Significantly shortens the section because language has been preempted by state law. Section 13 Qualifications Conforms the qualifications of persons desiring to run for the Office of Mayor or City Council Member to state and federal law. Changes the qualification pertaining to the voter registration requirement. Section 14 Compensation of Members of City Council Implements financial compensation. Section 15 Presiding Officer; Mayor Section 16 Vacancies in Council Changes language to combine these two sections into one to conform to law and to improve efficiency in the Charter. Section 17 - Powers Given to Council Removes language requiring redistricting after the adoption of the Charter since it is no longer necessary. Removes the establishment of administrative departments, as this is already covered in Section 22. Page 7 of 96

119 Expands the appointment powers of the City Council to all boards and commissions. Removes adoption of plats as being performed by the City Council, as Planning and Zoning Commission now handles plats. Makes the adoption, modification and carry out of plans concerning rehabilitation of blighted areas within the City more generic so that the same may be performed by various boards and commissions. Removes language\, which is already covered under adopted building codes. Section Fire Department Staffing Deletes from Charter and returns the responsibility to Council and staff where these types of management decisions belong. Section 24 - Appointment of Municipal Judge and Clerk Changes the word salary to compensation to allow for those contracted alternate judges who are not employees of the city. Removes last sentence regarding language that City Clerk shall be the clerk of the court, as the manner in which the clerk is appointed is covered under the Uniform Municipal Courts of Record Act, not the Charter. Section 25 - Induction of council into office; meeting of council Removes the reference to the incorrect uniform election date. Changes the number of required signatures from members of Council from four to three to call a special meeting. Four council members constitute a quorum. Section 42 Budget a public record & Section 126 Publicity of records Combines Section 42 with Section 126 since both refer to public records. Deletes phrase open to public inspection by anyone. Adds verbiage to Section 126 budget and budget message and all supporting schedules shall be a public record maintained in the city clerk office. Recognizes that not all records are public. There are some that are confidential and the current language gives the public the unrealistic idea that all records are public when they are not. Section 43 - Budget Public Hearing Notice Section 44 - Budget Public Hearing Changes language such that the budget public hearing timing is consistent with state law. Section 58 - Bond Ordinance Vote Makes clarifications and removes references to outdated state law. Section 73 - Sale of City Property Makes changes to be consistent with state law. Page 8 of 96

120 Section 74 - Purchase Procedure & Section75 - Contracts for city improvements Makes changes to be consistent with state law because the City Council elected to allow state law control over portions of the contracting and purchasing procedures (Resolution No passed in 1993). Section 81- Division of taxation Makes changes to be in conformance with state law. The City no longer handles this function. Section 87 - Taxes; when due and payable Makes changes to be consistent with state law. The collection and delinquency of taxes are governed by Chapter 31 of the Texas Tax Code. Section 88 - Seizure and sale of personal property Makes changes to be consistent with state law. Subchapter B of Chapter 33 of the Texas Tax Code governs this matter and supersedes this section. Section 89 - Tax Liens Makes changes to be consistent with state law. Chapter 32 of the Texas Tax Code governs liens and supersedes this section. Sections 90, 94, 104 & 111 Nominations and Elections Condenses these sections into one since the subject of each concerns nominations and elections. Deletes City s obligation to make submissions to the Department of Justice, which is no longer a requirement. Corrects election date by making it uniform (rather than absolute on April 1, which is not accurate). Section 92 How to Get Name on Ballot Changes requirements of time period to add name to official ballot to conform to Texas Election Code and to improve efficiency. Section 93 Council Ballots Changes language of how a candidate s name is placed on the official ballot to conform to the Texas Election Code. Section Zoning Ordinances Makes changes to be consistent with state law. The Committee recommends that each of the above items be placed on the November 2015 ballot. There was a unanimous vote endorsing 22 of the 23 ballot items. Page 9 of 96

121 5. CONCLUSIONS The numerous Committee conclusions are mentioned throughout this report and will not be repeated here. However, an attempt to focus the Committee s conclusions down to a single sentence would be: The Baytown City Charter is a document that contains numerous items that no longer serve the City like a charter could and it should. This 2015 Charter Review Committee has done as thorough as possible a job to make strides in improvements to the Charter. There are other items that could be changed but those recommended here are the key ones as seen by the Committee Individually and as a whole the Committee thanks the Council for the appointment to assist the City in this important task. The Committee remains available for discussion with Council on these recommendations. Also, a number of the Committee Members can be available for public presentations and other support mechanisms prior to the November ballot. Page 10 of 96

122 Page 11 of 96

123 APPENDIX 2 ANALYSIS PROCESS The Committee first met in January With only one exception, monthly meetings were held through May Member attendance at the meetings was excellent during the entire process. A large amount of homework was also done by each Committee Member between meetings. A rigorous system was used to sort and rank all of the changes that should be made to the Charter. Several cyclical series of discussions were used through the 140 Sections. Each cycle eliminated Sections that did not need further review. A consensus technique was used during all but the final cycle. A Committee Member vote was held for the final cycle. The Committee requested comments and suggestions from the citizens using two public hearings and an article in The Baytown Sun. Appendices 5 and 6 contain details of these sources. A first pass cycle was made through the entire Charter. It involved a one-by-one discussion of each section of the Charter. As each section was discussed, it was separated into seven separate categories of issues and also given one of seven rankings of priority for need to change. The first pass cycle categories of issues used were: a No change needed b Housekeeping gender, etc. c Efficiency 1 cost saving d Efficiency 2 too specific e Efficiency 3 difficult to conform to economically f State Law inconsistent with existing law g Substantive clearly needs change h Other The first pass cycle ranking seriatim used was: 1 Very high strongly recommended to be changed 2 High recommended for City efficiency reasons 3 Medium improves city government but not substantively 4 Low makes the Charter easier to read/use 5 No Action no change recommended 6 Delay delay until more information is available During the first pass cycle sorting, it became apparent that the Committee needed numerous types of specific data about current City of Baytown operations as well as data on the operations of nearby cities of comparable size. The staff developed the information for use in a second pass sorting. When the first pass was completed the cycle was repeated with a second pass sorting for those sections with rankings of 1, 2, 3, or 6. During this second pass, each section was again discussed with some Committee Members having further considerations and some changed their Page 12 of 96

124 perspectives when the above-mentioned additional information was provided. This second pass resulted in further reducing the number of sections for further discussion. Again, another pass was made through the remaining sections. A preliminary Committee vote was held on each surviving section. And again, after the final public input was available, the Committee held a final vote on which ballot items were to be recommended. The Committee agreed that if further information became available, the appropriate recommended section could be discussed again. As an additional analysis tool, the attached spreadsheet was prepared to document specific key issues related to each and every one of the 140 Charter Sections. The result of this process was a recommendation that a total of 23 items be included on the November 2015 ballot. Page 13 of 96

125 APPENDIX 3 RATIONALE FOR EACH BALLOT RECOMMENDATION Section 3 Powers of the City Condensed description of changes Expands the current list of the powers of the City related to taxes and assessments, borrowing and appropriating funds, maintaining public works, causes of nuisances, construction regulation and use of streets. Deletes sue and to be sued clause due to sovereign immunity issues. Recommended Changes 1. Change text to conform with state law. Positive factors for the change 1. Adds to and further clarifies City s power and its ability to carry out execution of the powers granted. 2. Deletes unnecessary language. Negative factors for the change 1. None Alternatives discussed 1. None Committee vote on recommendation 1. Seven ayes, zero nays Page 14 of 96

126 Section 4 Special Provisions for Damage Suits Condensed description of changes Shortens time City is entitled to receive notice of a claim against it. Better preserves evidence and obtain information closer to the occurrence. Describes what must in the notice. Affords City time to investigate a claim before a suit if filed. Clarifies that section is not an unintentional waiver of the City s sovereign immunity. Removes sentence regarding statute of limitations. Recommended Changes 1. Change section to conform to state law and clarifies for citizens. Positive factors for the change 1. Replaces outdated language. 2. Conforms with current state law. Negative factors for the change 1. None Alternatives discussed 1. None Committee vote on recommendation 1. Seven ayes, zero nays Page 15 of 96

127 Section 8 Extending City Limits Upon Petition Condensed description of changes Significantly shortens the section because language has been preempted by state law. Recommended Changes 1. Change section to make it accurate. Positive factors for the change 1. Replaces with language that makes section reflect what is true. Negative factors for the change 1. None Alternatives discussed 1. None Committee vote on recommendation 1. Seven ayes, zero nays Page 16 of 96

128 Section 13 Qualifications Condensed description of changes: Conforms the qualifications of persons desiring to run for the Office of Mayor or City Council Member to state and federal law. Changes the qualification pertaining to the voter registration requirement. Recommended changes: 1. Require Mayor and City Council Members to be a registered voter of the city, not just the state. 2. Eliminate the requirement of two years residency and owner of real estate before being a candidate for office. 3. Conform section to state law. Positive factors: 1. Makes section consistent with state law. 2. Makes section consistent with Section 92 of the Charter. Negative factors for the change: 1. None Alternatives discussed: 1. None Committee vote on recommendation: 1. Seven ayes, zero nays Page 17 of 96

129 Condensed description of changes: Implements financial compensation. Section 14 Compensation of members of city council Recommended changes: 1. Implement $1,000/month as compensation for the Mayor. 2. Implement $500/month as compensation for Council Members. Positive factors: 1. Increases incentive for interested people to run for Council Member/Mayor. 2. Reduces economic impact on citizens for serving in elected positions. 3. Recognizes service, workload and time shared by Council Members. 4. Comparable cities in the area do provide compensation. Negative factors for the change: 1. It could encourage citizens to run for the financial incentive rather than being motivated to serve. 2. It will make council members employees of the City. Alternatives discussed: 1. Charter would establish a maximum amount to be paid, but give Council authority to make adjustments as it deems appropriate. 2. Various levels of compensation based on size of city as compared to area cities of equal size. 3. Council should still receive reimbursement for expenses as current Charter provides. Committee vote on recommendation: 1. Seven ayes, zero nays Page 18 of 96

130 Sections 15 & Presiding Officer; Mayor 16 - Vacancies in Council Condensed description of changes: Changes language to combine these two sections into one to conform to law and to improve efficiency in the Charter. Recommended changes: 1. Both sections deal with filling vacancies in Council. 2. Section 13 is outdated due to current 3-year terms of Council. 3. Change language and combine to be in conformance with state law. Positive factors: 1. Makes Charter consistent with state law. 2. Makes Charter more efficient and less wordy. Negative factors for the change: 1. None Alternatives discussed: 1. Discussions were had as to the advantages of such a combination. Committee vote on recommendation: 1. Seven ayes, zero nays Page 19 of 96

131 Section 17 Powers Given to Council Condensed description of changes: Removes language requiring redistricting after the adoption of the Charter since it is no longer necessary. Removes the establishment of administrative departments, as this is already covered in Section 22. Expands the appointment powers of the City Council, as the Planning and Zoning Commission now handles plats. Makes the adoption, modification and carry out of plans concerning rehabilitation of blighted areas within the City more generic so that the same may be performed by various boards and commissions. Removes language, which is already covered under adopted building codes. Recommended changes: 1. Update language in order to make it more relevant and inclusive. Positive factors: 1. Makes Charter more efficient and conforming to state law Negative factors for the change: 1. None Alternatives discussed: 1. None Committee vote on recommendation: 1. Seven ayes, zero nays Page 20 of 96

132 Section 22.1 Fire Department Staffing Condensed description of changes: Deletes from Charter and return the responsibility to Council and staff where these types of management decisions belong. Recommended changes: 1. Delete this section from Charter. May not be put on ballot by Council but Committee would like to submit as a recommendation. Positive factors: 1. Leaves the safety and management decision to Fire Chief, City Manager and Council. 2. Allows Charter to conform to its purpose of providing a framework for government rather than a detailed implementation of management operations/safety decisions. Negative factors for the change: 1. Could be viewed as going against the will of the people, since this section was implemented by Charter amendment election in 2002 by the citizens. 2. Some citizens may believe that this is a step backward in safety. Alternatives discussed: 1. Current Committee feels that staffing and the number of employees for each department should be left to administration and not subject to what is specified in Charter. 2. In 2012, it was recommended that this section be removed from the Charter and responsibility returned to Council and staff where these management decisions belong. Committee vote on recommendation: 1. Seven ayes, zero nays Page 21 of 96

133 Section 24 Appointment of municipal judge and clerk Condensed description of changes: Changes the word salary to compensation to allow for those contracted alternate judges who are not employees of the city. Removes last sentence regarding language that City Clerk shall be the clerk of the court, as the manner in which the clerk is appointed is covered under the Uniform Municipal Courts of Record Act, not the Charter. Recommended changes: 1. Update language to conform to current practice of the City. 2. Remove sentence to conform to state law. Positive factors: 1. Makes Charter more efficient and conforming to state law. Negative factors for the change: 1. None Alternatives discussed: 1. None Committee vote on recommendation: 1. Seven ayes, zero nays Page 22 of 96

134 Section 25 Induction of council into office; meeting of council Condensed description of changes: Removes the reference to the incorrect uniform election date. Changes the number of required signatures from members of Council from four to three to call a special meeting. Four council members constitute a quorum. Recommended changes: 1. Update language in order to comply with uniform election date. 2. Change required signatures from Council in order to be in compliance with Texas Open Meetings Act. Positive factors: 1. Allows Charter to conform to state law. 2. Council will be in compliance with Texas Open Meetings Act. Negative factors for the change: 1. None Alternatives discussed: 1. None Committee vote on recommendation: 1. Seven ayes, zero nays Page 23 of 96

135 Section 42 & Budget a public record 126 Publicity of records Condensed description of changes: Combines Section 42 with Section 126 since both refer to public records. Deletes phrase open to public inspection by anyone. Adds verbiage to section 126 budget and budget message and all supporting schedules shall be a public record maintained in the city clerk office. Recognizes that not all records are public. There are some that are confidential and the current language gives the public the unrealistic idea that all records are public when they are not. Recommended changes: 1. Update language in order to comply with Texas Public Information Act and the City s ordinance regarding copying charges. 2. Update language in order for charter to be in compliance with federal and state law. Positive factors: 1. Makes charter more efficient and conforming to state and federal law. Negative factors for the change: 1. None Alternatives discussed: 1. None Committee vote on recommendation: 1. Seven ayes, zero nays Page 24 of 96

136 Sections 43 & Budget Public Hearing Notice 44 - Budget Public Hearing Condensed description of changes Changes language such that the budget public hearing timing is consistent with state law. Recommended changes 1. Modify Section 43 to be consistent with state law. 2. Eliminate Section 44. Positive factors for the change: 1. Makes Charter consistent with state law. 2. Should not require future amendments if state law changes. Negative factors for the change 1. None Alternatives discussed 1. None Committee vote on recommendation 1. Seven ayes, zero nays Page 25 of 96

137 Section 58 Bond Ordinance Vote Condensed description of changes Makes clarifications and removes references to outdated state law. Recommended changes 1. Remove references to outdated state law. 2. Change language to be consistent with state law. Positive factors for the change: 1. Makes Charter consistent with state law. Negative factors for the change 1. None Alternatives discussed 1. None Committee vote on recommendation 1. Seven ayes, zero nays Page 26 of 96

138 Section 73 Sale of City Property Condensed description of changes Makes changes to be consistent with state law. Recommended changes 1. Remove detailed language that is inconsistent with state law. 2. Change language to be consistent with state law. Positive factors for the change: 1. Makes Charter consistent with state law. 2. Should not require future amendments if state law changes. Negative factors for the change 1. None Alternatives discussed 1. None Committee vote on recommendation 1. Seven ayes, zero nays Page 27 of 96

139 Sections 74 & Purchase Procedure 75 - Contracts for city improvements Condensed description of changes Makes changes to be consistent with state law because the City Council elected to allow state law control over portions of the contracting and purchasing procedures (Resolution No passed in 1993). Recommended changes 1. Change language to be consistent with state law. 2. Change Section 74 such that Section 75 can be eliminated. Positive factors for the change: 1. Makes Charter consistent with state law. 2. Should not require future amendments if state law changes. Negative factors for the change 1. None Alternatives discussed 1. None Committee vote on recommendation 1. Seven ayes, zero nays Page 28 of 96

140 Section 81 Division of taxation Condensed description of changes Makes changes to be in conformance with state law. The City no longer handles this function. Recommended changes 1. Eliminate section as a whole in order to conform with state law. Positive factors for the change: 1. Makes section consistent with state law. Negative factors for the change 1. None Alternatives discussed 1. None Committee vote on recommendation 1. Seven ayes, zero nays Page 29 of 96

141 Section 87 Taxes; when due and payable Condensed description of changes Makes changes to be consistent with state law. The collection and delinquency of taxes are governed by Chapter 31 of the Texas Tax Code. Recommended changes 1. Change language to be consistent with state law Positive factors for the change: 1. Makes article in charter consistent with state law Negative factors for the change 1. None Alternatives discussed 1. None Committee vote on recommendation 1. Seven ayes, zero nays Page 30 of 96

142 Section 88 Seizure and sale of personal property Condensed description of changes Makes changes to be consistent with state law. Subchapter B of Chapter 33 of the Texas Tax Code governs this matter and supersedes this section. Recommended changes 1. Change language to be consistent with state law. Positive factors for the change: 1. Makes charter consistent to state law. Negative factors for the change 1. None Alternatives discussed 1. None Committee vote on recommendation 1. Seven ayes, zero nays Page 31 of 96

143 Section 89 Tax Liens Condensed description of changes Makes changes to be consistent with state law. Chapter 32 of the Texas Tax Code governs liens and supersedes this section. Recommended changes 1. Change language to be consistent with state law. Positive factors for the change: 1. Makes Charter consistent with state law. Negative factors for the change 1. None Alternatives discussed 1. None Committee vote on recommendation 1. Seven ayes, zero nays Page 32 of 96

144 Sections 90, 94, 104 & Municipal Election 94 Elections of councilmember by majority 104 Submission of electors 111 Recall election Condensed description of changes Condenses these sections into one since the subject of each concerns nominations and elections. Deletes City s obligation to make submissions to the Department of Justice, which is no longer a requirement. Corrects election date by making it uniform (rather than absolute on April 1, which is not accurate). Recommended Changes 1. Combine sections. 2. Change to conform with state law. Positive factors for the change 1. Condenses section to make it more accurate and easier to read. Negative factors for the change 1. None Alternatives discussed 1. None Committee vote on recommendation 1. Seven ayes, zero nays Page 33 of 96

145 Section 92 How to get name of ballot Condensed description of changes: Changes requirements of time period to add name to official ballot to conform to Texas Election Code and to improve efficiency. Recommended changes: 1. Change the 30-day filing requirement to be consistent with state law. 2. Change elector to voter to be consistent with Section 13 of Charter. 3. Voter application to be submitted to City Clerk rather than Mayor for reasons of efficiency. Positive factors: 1. Makes Charter consistent with state law. 2. Consistent with Section 13 of Charter. 3. Since the Mayor may not always be available, filing with the City Clerk is more efficient. Negative factors for the change: 1. None Alternatives discussed: 1. Combining Section 92 with Section 93 as both concern ballots, but was determined by the Legal Department of the City that this could not be done. Committee vote on recommendation: 1. Seven ayes, zero nays Page 34 of 96

146 Section 93 Council ballots Condensed description of changes: Changes language of how a candidate s name is placed on the official ballot to conform to the Texas Election Code. Recommended changes: 1. Print full name. If same or similar names printed on the ballot, a brief distinguishing description or title to be included. 2. Modifies Section 93 to be consistent with state law. Positive factors: 1. Makes Charter consistent with state law. 2. Avoids confusion of voters when casting ballot. Negative factors for the change: 1. None Alternatives discussed: 1. Combining Section 92 with Section 93 as both concern ballots, but was determined by the Legal Department of the City that this could not be done. Committee vote on recommendation: 1. Seven ayes, zero nays Page 35 of 96

147 Section 132 Zoning Ordinances Condensed description of changes Makes changes to be consistent with state law. Recommended changes 1. Remove references to outdated state law. 2. Remove outdated detailed language on what can be regulated. Positive factors for the change: 1. Makes Charter consistent with state law. 2. Should not require future amendments if state law changes. Negative factors for the change 1. None Alternatives discussed 1. None Committee vote on recommendation 1. Seven ayes, zero nays Page 36 of 96

148 APPENDIX 4 SUPPORT PROVIDED BY STAFF The Committee is indebted to the City staff for their support throughout this entire process. In spite of their high base workload, their responsiveness to requests from the Committee was timely and excellent. Each of the critical departments was represented by at least one person at each of the Committee meetings. This includes Administrative, Legal, Finance, and City Clerk. The City Clerk office was responsible for the intra-committee communications and the taking and typing the meeting minutes. Many documents were prepared to assist the Committee Members in learning the task at hand. Also, many documents were prepared responding to special requests from the Committee as the charter review process evolved. These documents are included in this Appendix 4 as follows: SURVEY (four pages) Comparisons of various city administrative factors of numerous local area cities Census Data Survey (one page) Population demographics of various local area cities 3. RECOMMENDED CHARTER REVISIONS (13 pages) - Observations on recommended Charter sections Page 37 of 96

149 City Population Number of Council Districts/ Wards Number of Council Members at Large (Excluding Mayor) Number of Council Members (Including Mayor) Length of Terms Term Limits? Amount Paid to Council Members? Fixed Expense Account Amount? Health, Dental and Vision Insurance? Alvin 25, years 3 terms inclusive of unexpired terms tenure of office may not exceed 9 years Beaumont 118, years No Bellaire 17, Mayor = 2 years Council = 4 years Galveston 48, years Mayor = 4 consecutive terms inclusive of unexpired terms. Council Members = 2 consecutive terms inclusive of unexpired terms Mayor = $400/month Council Member = $300 per month Mayor = $6,000 base 1 Mayor Pro-Tem = $4,800 base Council Member = $4,800 base Council Members = $10/ meeting with $50 monthly max Mayor = $75/month 3 No $6,000/year car allowance + Mayor = $12,000 Admin 2 Mayor Pro- Tem = $9,000 Admin Council Member = $6,000 Admin (Provided a laptop) No (Issued City-owned ipads) 6 years then 6 years out of 5 No No office since the last term served 4 No No No No 1 Payroll taxes are withheld. 2 This includes expenses for cell phones, etc. 3 Council has not taken pay for the past three (3) years and before that one half of the members were donating the money back to the library. 4 A person may in addition to serving six (6) years as a Councilmember also serve six (6) years as Mayor for a total of twelve (12) years, but will not be eligible to serve as a member of Council or as Mayor until at least six (6) consecutive years out of office have elapsed since the last term of office has ended. Page 38 of 96

150 City Population Number of Council Districts/ Wards Number of Council Members at Large (Excluding Mayor) Number of Council Members (Including Mayor) Length of Terms Term Limits? La Porte 34, years No League City Missouri City 90, years 3 consecutive full terms 70, years No Pasadena 152, Mayor = 4 years Council Members = 2 years Mayor = 2 consecutive terms. Council Members = 4 consecutive terms Amount Paid to Council Members? Mayor = NTE 6 $4,800/year Council Members = NTE $2,400/year 7 Mayor = $1,000 Council Members = $600 Mayor = $1,000/month Mayor Pro Tem = $750/month Council Members $500/month Mayor 10 = $10,404/month + Longevity Council Members = $300/month less $25 for each missed meeting after 2 in a year. Fixed Expense Account Amount? Auto allowance of $200/month for the Mayor and $100/month for Council Members. 8 (Provided a cell phone 9 ) Council Members = $100 cell phone allowance $150/month car allowance Mayor = $750/month car allowance and has a budget, not expense account. Council Members = up to $3,600/year for job-related expenses such as clothing, travel, business lunches Health, Dental and Vision Insurance? No No No Mayor may elect to get City health benefits. Mayor and Council are enrolled in TMRS. 5 Line item in budget sets aside a total of $10,500 for travel & training for the Mayor/City Council. 6 NTE = not to exceed 7 This amount is set by charter. 8 Council may elect to receive the allowance, mileage reimbursement, or nothing. 9 Council may elect to receive a city-issued cell phone, reimbursement for use of their personal cell phone, or nothing. 10 Mayor is full-time. Page 39 of 96

151 City Population Number of Council Districts/ Wards Number of Council Members at Large (Excluding Mayor) Number of Council Members (Including Mayor) Length of Terms Pearland 101, years Port Arthur 57, years Term Limits? 2 full consecutive elected terms of office 3 consecutive terms Rosenberg 33, years No Sugarland 84, years 4 elected terms in a council position in 9 years (office of mayor and council member are separate) Texas City 46, years No Amount Paid to Council Members? Mayor = $1,000 per month Council Member = $750/month (Any changes subject to voters' approval.) Mayor = $1,152.98/month Mayor Pro Tem = $ Council Member = $ (Before 2013, Council could vote itself a raise, but after 2013, any raise must go to the voters) Mayor = $300/month Council Member = $200/month Mayor = $1,424.48/month Council Members = $712.24/month Health insurance at expense of Mayor and Council Members Mayor = NTE $500 Council Members = NTE $100 Fixed Expense Account Amount? No Mayor = $ 600/month car allowance Mayor Pro Tem = $550/month car allowance Council Member = $500/month car allowance No $550 monthly car allowance Mayor = $100 Council Members = $100 Health, Dental and Vision Insurance? No Mayor & Council have the option of City supplemented insurance No Insurance is available for the Mayor & Council through the City, but they pay the complete premium. Insurance is available for the Mayor & Council through the City, but they pay some portion of the premium. Page 40 of 96

152 City Population Number of Council Districts/ Wards Number of Council Members at Large (Excluding Mayor) Number of Council Members (Including Mayor) Length of Terms Webster 11, years Term Limits? 2 consecutive terms for Mayor and Council 11 Amount Paid to Council Members? Fixed Expense Account Amount? Health, Dental and Vision Insurance? Mayor = $417.73/month City Council = No No $ R:\Karen\Files\City Council\Charter Review Committee\2014 for 2015\Survey.docx 11 The mayor, upon completion of a second consecutive full term as mayor, shall not be eligible to be a candidate for councilmember and each respective councilmember, upon completion of a second consecutive full term as councilmember, shall not be eligible to be a candidate for mayor for one full year. 12 The odd number is based upon a CPI increase. The increase has been declined for the last 3 years and will come up for a vote again in December. Page 41 of 96

153 Page 42 of 96

154 RECOMMENDED CHARTER REVISIONS Section Charter and any Proposed Change Comment 3 ARTICLE I. INCORPORATION: FORM OF GOVERNMENT: CORPORATE AND GENERAL POWERS Sec. 3. Powers of the city. Instead of referencing the provisions of the law applicable to the The city shall have all the powers granted to municipal corporations powers of municipalities, the City may want to consider expanding and to cities by the constitution and laws of the state of Texas the current list, especially in light of the fact that article 1175 has together with all the implied powers necessary to carry into been repealed for a number of years. Please note the following execution all the powers granted. The city may: sections are listed in the editor s note in the parenthetical currently a. acquire property within or without its corporate limits for in the Charter: any city municipal purpose in fee simple or any lesser Health and Safety Code (establish rules interest or estate, by purchase, gift, devise, lease, or concerning health of persons and provide for the condemnation, and establishment of quarantine stations, emergency hospitals, b. may sell, lease, mortgage, hold, manage and control such etc.) property as its interests may require; and, except as Local Government Code (home-rule prohibited by the constitution of this state or restricted by municipalities may operate under any form of this charter, the city shall and may government), (creation of municipal offices), c. exercise all municipal powers, functions, rights, privileges (annex), (disannex), (full power of and immunities of every name and nature whatsoever.; The local self-government), (perpetual city may succession, authority relating to lawsuits, property, and d. use a corporate seal; may sue and be sued; may liability for damages), (preservation of health, e. contract and be contracted with; may implead and be property, good government, and order), (general impleaded in all courts and places and in all matters fiscal powers), (city may provide that its whatever; may municipal funds are not subject to garnishment and that the f. acquire, conduct, own, levy and collect taxes for general municipality is not required to answer in garnishment and specific purposes on all the subjects or objects which proceedings), (compensation for officers), the city may lawfully tax; (establish zoning regulations), (divide into zoning g. borrow money on the faith and credit of the city by the sale districts), (conflicts with other laws), or issue of bonds, warrants, or notes of the city; (authority regarding substandard buildings), h. appropriate the money of the city for all lawful purposes; (sanitary sewer system), (energy conservation i. create, provide for, construct, regulate, and maintain public standards), (Dairies, slaughterhouses, works and improvements; vehicles for hire, operators of vehicles, theaters, shows, j. levy and collect assessments for public improvements; amusements, police power), (regulation of signs), k. license any business, occupation, profession or trade; (nuisances), (eminent domain), l. define, prohibit, abate, suppress, and prevent all things (provide for a police department), (policing cityowed detrimental to the health, morals, comfort, safety, property outside the corporate limits), convenience, and welfare of the inhabitants of the city, and (provide for a fire department), (designation of fire all nuisances and causes of nuisances; limits), (protection of streams and watersheds), m. regulate the construction, height, maintenance, occupancy, (public services and utility systems), and the material used in all buildings; (water systems); n. regulate and control the use of the streets; Tax Code (property tax authorized), o. cooperate with the government of the state of Texas or any (other taxes not considered), (tax collection agency thereof, the Federal Government or any agency powers); thereof, or any political subdivision of the State of Texas, Transportation Code (authority over streets), Conformance with Law/ Efficiency? Conform with Law Page 43 of 96

155 Section Charter and any Proposed Change Comment 4 to accomplish any lawful purpose for the advancement of the interest, welfare, health, morals, comfort, safety and convenience of the city or its inhabitants; and may p. pass such ordinances as may be expedient for maintaining and promoting the peace, welfare and government of the city, and for the performance of the functions thereof. The enumeration of particular powers by this charter shall not be deemed to be exclusive, and in addition to the powers enumerated therein or implied thereby, or appropriate to the exercise of such powers, it is intended that the city of Baytown shall have, and may exercise, all powers of local self-government, and all powers, enumerated in Chapter 13, Title 28, Article 1175 of the Revised Civil Statutes of the state of Texas, of 1925, and the amendments thereto and hereafter enacted [V.T.C.A., Health and Safety Code ; V.T.C.A., Local Government Code , , , , , , , , , , , , , , , , , , , , , , , , , , ; V.T.C.A., Tax Code , , ; V.T.C.A., Transportation Code , , , , , ], or any other powers not expressly prohibited by which, under the constitution and laws of the state of Texas, it would be competent for this charter specifically to enumerate. Sec. 4. Special provision for damage suits. Before the city shall be liable to damage claim or suit for death or personal injury of a person or for damage to or destruction of propertyinjury, death or damage, the city manager must receive person injured, if living, or the person s representative, if dead, or the owners of the property damaged or destroyed who is injured or whose property is damaged or someone in his behalf shall give the city manager or the city clerk verified notice in writing from the person who is injured or whose property was damaged or such persons representative of the death, injury, damage, or destruction, within thirty (30) days after the day that the incident giving rise to the claim occurring occurrenced. The notice must identify the claimant, including the claimant s current address and phone number; describe of the alleged injury or damage,; statinge specifically in such notice when, where and how the death, injury or damage, or destruction occurred,; and setting forth the extent of the injury or damage as accurately as possible, including the amount of damages sustained; and givieng the names and addresses of all witnesses upon whose testimony such person is relying to establish the injury or damage. No action at law for damages shall be brought (authority over sidewalks), (regulate movement on street), (closing a street or alley), (financing improvements), (former president s street) Additionally, the sue and to be sued language has been deleted from this section as proposed due to the sovereign immunity issues and because the same appears to be unnecessary. The language in this section is outdated. Section of the Texas Civil Practices and remedies code provides as follows: (a) A governmental unit is entitled to receive notice of a claim against it under this chapter not later than six months after the day that the incident giving rise to the claim occurred. The notice must reasonably describe: (1) the damage or injury claimed; (2) the time and place of the incident; and (3) the incident. (b) A city's charter and ordinance provisions requiring notice within a charter period permitted by law are ratified and approved. (c) The notice requirements provided or ratified and approved by Subsections (a) and (b) do not apply if the governmental unit has actual notice that death has occurred, that the claimant has received some injury, or that the claimant's property has been damaged. This proposed change: 1. shortens the time period by which the City is entitled to receive notice of a claim against it; Conformance with Law/ Efficiency? Conformance with Law Page 44 of 96

156 Section Charter and any Proposed Change Comment 8 against the city for personal injury, death or damage to property prior to the expiration of sixty (60) days after the notice hereinbefore described has been filed with the city manager or the city clerk. nnothing in this section shall be construed to waive the city s sovereign immunity in any respect. After the expiration of the sixty days aforementioned, the complainant may then have two years in which to bring an action of law. Sec. 8. Extending city limits upon petition. Whenever a majority of the qualified voters who are citizens of the state of Texas and inhabitants of any territory adjoining Baytown, as said territory may be designated by the city council or in case there are no qualified voters in said territory, then wwhen persons owning a majority of the land in area in said territory adjacent to Baytown desire the annexation of such territory to Baytown, they may present a written petition in accordance with law.to that effect to the city council and shall attach to said petition the affidavit of one or more of their number to the effect that said petition is signed by a majority of such qualified voters, or in case there are no qualified voters said affidavit shall be to the effect that there are no qualified voters in said territory and that the persons signing said petition own a majority of the land in area in said territory; and thereupon tthe city council at a regular session held not sooner than twenty days after the presentation of said petition may grant the petition and by ordinance annex such territory to Baytown in a. This enables the City to better preserve evidence and obtain information closer to the occurrence of the event rather than waiting for six months before knowing that there is a claim. After six months, an employee s recollection of the event may not be as accurate. b. Courts have ratified notice requirements that vary from the Texas Tort Claims Act consistent with the statute. Specifically, in City of Houston v. Torres, 621 S.W.2d 588 (Tex. Sep 23, 1981), the Texas Supreme Court enforced the City s charter provision regarding notice of a claim, which was 90 days. However, in doing so, it noted that a municipality may be estopped from asserting failure of compliance with the notice of claim provision because of physical or mental incapacity or because of the discovery rule and that any notice of claim requirement must be reasonable. 2. describes in detail what must be included in the notice; 3. affords the City some time to investigate a complaint before a suit is filed, thus potentially avoiding the cost and expense of a suit; 4. clarifies that the section is not to be construed as an unintentional waiver of the City s sovereign immunity; 5. removes the sentence regarding the statute of limitations, as the limitation period is governed by state law; and 6. lessons the confusion to readers of the Charter. This section has been preempted by state law. Specifically, Section governs the annexation of sparsely occupied areas upon the petition of the landowners. Section (h) exempts from the municipal annexation plan an area of which more than 50 percent of the real property owners request annexation. Subchapter C-1 of Chapter 43 of the Texas Local Government Code prescribes the procedure for annexations, which are based upon a petition of the property owners of the area proposed to be annexed. Conformance with Law/ Efficiency? Conformance with Law Page 45 of 96

157 Section Charter and any Proposed Change Comment 13 accordance with law and thenceforth the said territory shall be a part of Baytown, and in [sic] the inhabitants thereof shall in accordance with law be entitled to all of the rights and privileges of other citizens and shall be bound by the acts, ordinances, resolutions and regulations of said city. State law references: Annexation, V.T.C.A., Local Government Code et seq. Sec. 13. Qualifications. The mayor and each of the six councilmen shall be a citizen of the United States of America and a qualified voter of the state of Texascity; and shall have resided in the territory from which the office is elected for at least six months immediately preceding the electiontwo years next preceding the election within the corporate limits of Baytown; shall be a bona fide owner of real estate within the corporate limits of Baytown; and shall not be in arrears in the payments of any taxes or other liability due the city. A member of the council ceasing to possess any of the qualifications specified in this section, or convicted of a felony while in office, shall immediately forfeit his office. ARTICLE II. THE COUNCIL This charter provision is void since it prescribes a minimum length of residence requirement of more than 12 months. Tex. Elec. Code Ann (Vernon 1986). For a state office, a person must have resided continuously in the state for 12 months and in the territory from which the office is elected for six months. Id. at The City through its charter may prescribe a different residency requirement, but the minimum length of residence in the state or city may not be more than 12 months immediately preceding election day. Id. at Additionally, the City cannot require a candidate or council member to own property or to not be delinquent in taxes, as such qualifications are violative of the equal protection clause of the Fourteenth Amendment of the United States Constitution. Gonzales v. Stinton, 319 F.Supp. 189 (S.D. Texas 1970). Conformance with Law/ Efficiency? Conformance with Law Sec. 14. Compensation of members of city council. (a) The mayor shall receive as compensation for his services the sum of ONE THOUSAND AND NO/100 DOLLARS ($1,000.00) per month. (b) Each councilman shall receive as compensation for his services the sum of FIVE HUNDRED AND NO/100 DOLLARS ($500.00) per month. (a)(c) All Mmembers of the city council shall serve without pay or compensation; provided, however, that they shall be entitled to all necessary expenses incurred in the performance of their official duties. Sec. 15. Presiding officer; mayor. The mayor shall preside at meetings of the council and shall be recognized as head of the city government for all ceremonial This requires the mayor and council members to be a registered voter of the city not just the state. This is consistent with Section 92 of the Charter which requires a candidate to be a qualified elector of the city. Page 46 of 96

158 Section Charter and any Proposed Change Comment purposes and by the governor for purposes of military law, but shall have no regular administrative duties. The mayor shall be entitled to vote upon all matters considered by the council, but he shall have no veto power. The council shall elect a mayor pro tem who shall act as mayor during the absence or disability of the mayor and, if a vacancy should occur, shall become mayor until another mayor is appointed or elected in accordance with section 16the next regular election, at which election a mayor shall be elected to fill the unexpired term. Sec. 16. Vacancies in council. (a) Generally. A vacancy in the council shall be filled by a qualified voter residing in the district in which the vacancy occurred. (b) Two-year terms. The council may choose that a single vacancy in council with two-year terms be filled either by a majority vote of the remaining members of the council or by a majority vote of the qualified voters from the single-member district or the city at-large, as applicable. Where more than one vacancy in council with two-year terms shall develop at any one time, then an election shall be held and the vacancies shall be filled by a majority vote of the qualified voters from the single-member district or the city at-large, as applicable. (c) Three-year terms. Vacancies in council with three-year terms shall be filled in accordance with law by a majority vote of the qualified voters from the single-member district or the city atlarge, as applicable, except that if the remainder of the unexpired term of the vacated office is twelve (12) months or less, then the council is authorized to fill the unexpired term by appointment or by holding a special election within one hundred fifty (150) days after such vacancy occurs if no appointment is made within thirty (30) days of the vacancy. Sec. 17. Powers. All powers of the city and the determination of all matters of policy shall be vested in the city council. Without limitation of the foregoing and among the other powers that may be exercised by the council, the following are hereby enumerated for greater certainty. (1) Immediately upon the adoption of this charter the city council shall appoint a commission for the purpose of dividing Baytown into six districts of approximately equal population. It shall be mandatory after the publication of each federal census to redistrict the city according to the latest population figures or more often if the growth of the city justifies. (21) Appoint and remove the city manager. (23) Establish other administrative departments and distribute the work of divisions. This refers readers to Section 16, which discusses how vacancies will be filled. Since 2006, Council has been assigned three year terms. Therefore, subsection (b) is obsolete. Article XI, section 11 of the Texas Constitution provides, in part, as follows: Any vacancy or vacancies occurring on such governing body shall not be filled by appointment but must be filled by majority vote of the qualified voters at a special election called for such purpose within one hundred and twenty (120) days after such vacancy or vacancies occur except that the municipality may provide by charter or charter amendment the procedure for filling a vacancy occurring on its governing body for an unexpired term of 12 months or less. Therefore, the proposed change allows the City Council to appoint a person to fill a vacancy if the appointment is made within thirty (30) days of the vacancy. If such an appointment is not timely made, Council must hold a special election within one hundred fifty (150) days of the vacancy to fill the same. This is no longer necessary. This is covered in Section 22. Conformance with Law/ Efficiency? Conformance with Law Efficiency Efficiency Efficiency Efficiency Page 47 of 96

159 Section Charter and any Proposed Change Comment (234) Adopt the budget of the city. (345) Authorize the issuance of bonds by a bond ordinance. (456) Inquire into the conduct of any office, department or agency of the city and make investigations as to municipal affairs. (567) Establish boards and commissions as required by law or deemed advisable by the city council and provide the manner for Aappointment thereto; the members of the planning commission. (8) Appoint the members of the zoning board of appeals. (679) AdoptApprove or provide for the approval of subdivision plats. (7810) Adopt and modify the official map of the city. (1189) Adopt, modify, and carry out plans proposed by the planning commission for the clearance of slum districts and rehabilitation of blighted areas. (9102) Adopt, modify and carry out plans proposed by the planning commission for the replanning, improvement and redevelopment of neighborhoods and for the replanning, reconstruction or redevelopment of any area or district which may have been destroyed in whole or in part by disaster. (13) Provide for the establishment and designation of fire limits and to prescribe the kind and character of buildings or structures or improvements to be erected therein, and to provide for the erection of fireproof buildings within certain limits, and to provide for the condemnation of dangerous structures or buildings or dilapidated buildings or buildings calculated to increase the fire hazard, and the manner of their removal or destruction. Sec Fire department staffing. The fire department of the city shall maintain and operate a minimum of five (5) fire stations. Each fire station shall have in operation at all times a minimum of one (1) fire emergency vehicle, which shall be staffed by a minimum of four (4) personnel, including one (1) officer, one (1) fire equipment operator, and two (2) fire fighters. Sec. 24. Appointment of municipal judge and clerk. A judge shall be appointed by the city council to serve for a term of two years. He may be removed for incompetency, misconduct, or malfeasance. He shall receive such salary compensation as may be fixed by the council from time to time. The judge shall be the judge of the municipal court which shall have the jurisdiction and shall be conducted in the manner prescribed and authorized by law. All costs and fines imposed by the municipal court, or by any court in This should be more general as the commission is now termed the planning and zoning commission. Since Chapter 212 of the Local Government Code provides that the City Council may delegate this authority, this should be modified to reflect such ability. Clearance of slum districts and rehabilitation of blighted areas does not fall exclusively within the powers of the planning and zoning commission, rather the CDAC and the URSRB also deal with such issues. This subsection is no longer necessary since the City has adopted the building codes, which address this. Note that the hard copy of the Charter calls the municipal court judge a recorder; however, the electronic version of our code calls him a municipal court judge. The term salary may imply that the judge is an employee. Compensation reflects the current practice of the City. Conformance with Law/ Efficiency? Efficiency Conformance with Law Efficiency Conformance with Law Efficiency Page 48 of 96

160 Section Charter and any Proposed Change Comment cases appealed from judgments of the municipal court, shall be paid into the city treasury for the use and benefit of the city. The city clerk or his deputy shall be clerk of the municipal court. The clerk of the said court and his deputies shall have the power to administer oaths and affidavits, make certificates, affix the seals of said court thereto, and generally do and perform any and all acts usual and necessary by clerks of courts in issuing processes of said courts and conducting the business thereof. Sec. 25. Induction of council into office; meetings of council. The regular municipal election shall be held on the May applicable uniform election date, unless another date is established by law. After canvassing the results of the election, the council shall meet at the usual place for holding meetings, and the newly-elected members shall qualify and assume the duties of office. Thereafter, the council shall meet regularly at such times as may be prescribed by its rules but not less frequently than once each month. All meetings of the council shall be open to the public, except as authorized by law; special meetings shall be called by the city clerk upon request of the mayor, city manager or a majority of thethree members of the council. Sec. 42. Budget a public record. The budget and budget message and all supporting schedules shall be a public record maintained in the office of the city clerk open to public inspection in accordance with law. by anyone. The city manager shall cause sufficient copies of the budget and budget message to be prepared for distribution to interested persons. The Uniform Municipal Courts of Record Act provides that the city council shall by ordinance provide for the appointment of a clerk of the municipal courts of record. Therefore, how the clerk is appointed should be accomplished by ordinance, not by charter. Since the general election of the city was recently changed and could, depending upon the Legislature and the desire of the City Council be changed again, a reference to the uniform election date may be best. Tex. Elec. Code Ann (Vernon 2003). Additionally since the regular municipal election has been changed, the reference to the May uniform election date is no longer accurate. A majority of the members of the City Council acting outside a meeting that is posted in compliance with the Texas Open Meetings Act is a violation of law. Therefore, the number of members needed to call a special meeting has been reduced to only three members, which is consistent with the Council s rules of procedure. ARTICLE V. THE BUDGET The proposed budget is available for public inspection pursuant to Section of the Texas Local Government Code and the final budget is also available for public inspection. However, the City must comply with the Texas Public Information Act and its ordinance regarding copying charges. As written, it implies that the budget can be distributed without cost. Conformance with Law/ Efficiency? Conformance with Law Conformance with Law Conformance with Law Conformance with Law Sec. 43. Publication of notice of ppublic hearing and publication of notice. A public hearing on the proposed budget shall be held and published in accordance with law. At the meeting of the council at which the budget and budget messages are submitted, the council shall determine the place and time of the public hearing on the budget, and shall cause to be published a notice of the place and time, not less than seven days after date of publication, at which the council will hold a public hearing. Sec. 44. Public hearing on budget. At the time and place so advertised, or at any time and place to which such public hearing shall from time to time be adjourned, the council shall hold a public hearing on the budget as submitted, at This is inconsistent with Section of the Texas Local Government Code, which requires publication of the public hearing notice to be not earlier than the 30 th or later than the 10 th day before the date of the hearing. Therefore this section is preempted. The revised language merely requires the public hearings to be held and conducted in accordance with law. This is addressed in Section 43, as such it is no longer necessary. Conformance with Law Conformance with Law Page 49 of 96

161 Section Charter and any Proposed Change Comment which all interested persons shall be given an opportunity to be heard, for or against the estimates or any item thereof. Sec. 58. Bond ordinancedebt issuance; vote required. The city shall authorize the issuance of bonds by a "Bond Ordinance" passed by the affirmative votes of the majority of all members of its council. Revenue bonds may be issued by the council under the authority of Vernon's Ann. Civ. St. arts , as amended, and all other applicable provisions in accordance with of law. The issuance of taxgeneral obligation bonds must be approved by a majority of the qualified voters who are property taxpayers voting at an election called for that purpose. Sec. 73. Sale of city property; procedure. Before the city makes any sale or contract for the sale of any property belonging to the city, either in the form of land, real estate or other properties, having an estimated value of $1, or less, opportunity shall be given for open competition under such rules and regulations as the city council may prescribe in compliance with law. In the sale of property valued at more than $1,000.00, the property shall be advertised for sale and bids in the local newspaper, the contract of sale shall be awarded to the highest responsible bidder after such public notice and competition as may be prescribed, provided the city council shall have the power to reject all bids and advertise again. These same procedures shall be used whenever the city acts as transfer agent. Sec. 74. Purchase Procedure. Before the city makes any purchase or contract for supplies, materials, equipment, or contractual services, opportunity shall be given for competition in compliance with law. The director of finance shall have authority to make expenditures without the approval of the city council for all budgeted items, except those for which not exceeding $1, Any expenditure competition is required by lawinvolving more than $1, must be expressly approved in advance by the city council. All contracts or purchases involving more than $1, shall be let to the lowest and best bid by a responsible bidder after there has been an opportunity for competitive bidding. Where an expenditure of more than $2, is involved, notice of the time and place, when and where such contract shall be let shall be published in a newspaper in the city of Baytown once a week for two consecutive weeks prior to the time for making such purchase or letting such contract, the time of the first publication to be at least fourteen (14) days prior to the time for making such purchase or ARTICLE VI. BORROWING FOR CAPITAL IMPROVEMENTS This proposed change deletes outdated references to state law. Additionally, it deletes the unnecessary reference that qualified voters are property taxpayers as state law will govern who is qualified to vote at an election concerning general obligation bonds. ARTICLE VII. FINANCE ADMINISTRATION The sale of city property is prescribed by law: Chapter 253 of the Local Government Code prescribes the manner in which a municipality may sell or lease property; Chapter 34 of the Tax Code prescribes the manner in which a taxing unit may sell property upon which has been foreclosed. Section of the Texas Local Government Code allows municipalities to elect to have the state law control over contrary provisions in a charter relating to: the notice of contracts, advertisement of the notice, requirements for the taking of sealed bids based on specifications for public improvements or purchases, the manner of publicly opening bids or reading them aloud, or the manner of letting contracts. Through Resolution No. 1193, the City Council in 1993 elected to supersede the charter. As such, this change is consistent with the intent of the resolution as well as the City s current practice and requires the City to comply with state law. Additionally, this change contemplates that the threshold for complying with the competitive bidding statutes may change, as such references to specific dollar amounts have been removed. Conformance with Law/ Efficiency? Conformance with Law Efficiency and Conformance with Law Conformance with Law Page 50 of 96

162 Section Charter and any Proposed Change Comment 75 letting such contract; provided, however, that the city council shall have the right to reject any and all bids; and provided further that nothing herein shall apply to contracts for professional services nor to work done by the city and paid for by the day as such work progresses. Sec. 75. Contracts for city improvement. Any city improvement costing more than $2, shall be executed by contract except where such improvement is authorized by the council to be executed directly by a city department in conformity with detailed plans, specifications and estimates. All such contracts for more than $2, shall be awarded to the lowest responsible bidder after such public notice and competition as may be prescribed, provided the city council shall have the power to reject all bids and advertise again. Except in case of emergency, alterations in any contract not to exceed 50% of the total contract may be made when authorized by the council upon written recommendation of the city manager; provided that such alteration is acceptable to the other party of the contract. The purchasing procedure outlined in the previous section applies to all city contracts, whether for city capital improvements or for goods or services. As such, with the above-referenced change, this provision is no longer necessary. It is noteworthy, however, if such change is not made, the City may not be able to take advantage of any of the alternate delivery methods allowed by state law, including, but not limited to, design/build contracts, construction manager-at-risk contracts, and construction management-agency contracts. ARTICLE VIII. TAX ADMINISTRATION* *Editor s note: Most of this article is obsolete as superseded by the assessment and collection of ad valorem tax procedures in V.T.C.A., Tax Code 1.01, et seq. Sec. 81. Division of taxation. There shall be established in the department of finance a division of taxation, the head of which shall be the city assessor and collector of taxes. The assessor-collector shall give a surety bond 81 for the faithful performance of his duties including compliance with all controlling provisions of the state law bearing upon the functions of his office in a sum which shall be fixed by the city council Sec. 87. Taxes; when due and payable. All taxes due the city of Baytown shall be payable at the office of the city assessor-collector and may be paid at any time after the tax rolls for the year have been completed and approved, which shall be not later than October 1. Taxes shall be paid are due upon receipt of the tax bill and are delinquent if not paid before February 1 of the year following the year in which the tax was imposed., and aall such taxes not paid prior to such date shall be deemed delinquent and shall be subject to such penaltiesy and interest as prescribed by lawthe city council may provide by ordinance. The city council may by ordinance provide that all taxes, either current or delinquent, due the city of Baytown may be paid in installments. Sec. 88. Seizure and sale of personal property. The assessor-collector of taxes shall, by virtue of his tax rolls, have power and authority to seize and levy upon all personal property and The collections and delinquency of taxes are governed by Chapter 31 of the Texas Tax Code. Subchapter B of Chapter 33 of the Texas Tax Code governs the seizure of personal property and supersedes the charter provision. Conformance with Law/ Efficiency? Conformance with Law Conformance with Law Conformance with Law Page 51 of 96

163 Section Charter and any Proposed Change Comment sell the same to satisfy all taxes, together with all penalty, interest and costs due on said personal property by said delinquent to the city. When he seizes personal property for such purposes he shall keep the same at the expense of the owner until the sale is made, and shall give notice of the time and place of sale of same by posting a written notice at the city hall door and one at another public place within the city of Baytown at least ten days before the date of sale. He shall sell the same to the highest bidder for cash for all taxes, interest, cost and expense of caring for said property, and shall make an entry in the book of sales of the amount realized. All such sales shall be made at the front door of the city hall. A sale of personal property for delinquent taxes shall convey with it an absolute title, and the owner shall have no right to redeem the same. Sec. 89. Tax liens. The tax levied by the city is hereby declared to be a lien, charge, or encumbrance upon the property upon which the tax it due, which lien, charge, or encumbrance the city is entitled to enforce and foreclose in accordance with law. any court having jurisdiction over the same, and the lien, charge and encumbrance on the property in favor of the city, for the amount of the taxes due on such property is such as to give the state courts jurisdiction to enforce and foreclose said lien on the property on which the tax is due, not only as against any resident of this state or person whose residence is unknown, but also as against nonresidents. All taxes upon real estate shall especially be a lien and a charge upon the property upon which the taxes are due, which lien may be foreclosed in any court having jurisdiction. Sec. 90. Municipal elections. The regular municipal election for the choice of members of the council as provided in Article II, Section 12, shall be held each year on the a first Tuesday in Aprilstate uniform election date in accordance with lawmay. The council may by resolution order a special election, fix the time for holding same, and provide all means for holding such special elections. Sec. 92. How to get name on ballot. Any qualified elector voter of the city who is otherwise qualified may have his name printed upon the official ballot for the particular office at any election by filing his sworn application with the mayorcity clerk at least thirty days prior to the election day within the time period provided by law. Chapter 32 of the Texas Tax Code governs tax liens and supersedes the charter provision. ARTICLE IX. NOMINATIONS AND ELECTIONS Chapter 41 of the Texas Election Code proscribes the uniform election dates. There is no uniform election date in April. Section of the Texas Election Code governs and provides that except as otherwise provided by the Election Code, an application for a place on the ballot must be filed no later than 5 p.m. of the 62 nd day before the election and may not be filed before the 30 th day before the date of the filing deadline. If an election is to be held on the date of the general election for state and county officers, the deadline is the 78th day before election day. Section provides that applications shall be filed with the Conformance with Law/ Efficiency? Conformance with Law Conformance with Law Conformance with Law and Efficiency Page 52 of 96

164 Section Charter and any Proposed Change Comment Sec. 93. Council ballots. The full names of all candidates for mayor or the council as hereinbefore provided, except such as may have withdrawn, died or become ineligible, shall be printed on the official ballots without party designations. If two or more candidates for the same office have with the same or similar surnames, or with names so similar as to be likely to cause confusion are nominated, each of those candidates may have printed on the ballot a brief distinguishing description or title in accordance with law. the addresses of their places of residence shall be placed with their names on the ballot. The order of the names on the ballot shall be determined by lot. Sec. 94. Election of councilmen by majority. At the regular municipal election the candidates for the office of councilman, to the number to be elected, and for the office of mayor, who shall have received the majority of votes cast in such elections shall be declared elected. Should any candidate fail to receive a majority of votes at the regular election for the office for which he is a candidate, the commission council shall immediately order a special election to be held at the time and manner prescribed by law. not less than ten nor more than twenty days after the result of the regular election has been declared, at which special election the names only of the two candidates receiving the highest number of votes at the regular election, for the office for which they were candidates, shall be printed on the ballot and submitted to the qualified voters for election, and the candidate receiving the majority of votes at such special election, for the place of office for which he was a candidate, shall be declared duly elected. Sec Submission of electors. If the council shall fail to pass an ordinance proposed by initiative petition, or shall pass it in a form different from that set forth in the petition therefor, or if the council fails to repeal a referred ordinance, the proposed or referred ordinance shall be submitted to the electors at the next regular municipal election after the date the municipal clerk, although the city may direct that it be filed with another official. Since the mayor may not be available to accept the filing, it appears more efficient to provide that the application be filed with the city clerk. The change from elector to voter is consistent with Section 13 of the Charter. Section of the Texas Election Code provides as follows: (a) If two or more candidates for the same office have the same or similar surnames, each of those candidates may have printed on the ballot a brief distinguishing description or title, not to exceed four words, following the candidate's name. (b) The description or title may only refer to the candidate's place of residence or present or former profession, occupation, or position. However, the description or title may not refer to a public office. As such, this section needs to conform to state law. Lastly, Section of the Texas Election Code gives more detail regarding how the order on the ballot is determined; however, the charter is not contrary to state law. Section of the Texas Election Code provides: Not later than the fifth day after the date the final canvass of the main election is completed, the authority responsible for ordering the main election shall order the runoff election. Section prescribes who the runoff candidates will be. Additionally other requirements regarding the runoff election are governed by Subchapter B of Chapter 2 of the Texas Election Code. The City is no longer required to make a submission to the DOJ pursuant to the Voting Rights Act; therefore, this change reflects that the election can be held only if there is time for all of the statutory requirements to be satisfied. Conformance with Law/ Efficiency? Conformance with Law Conformance with Law Page 53 of 96

165 Section Charter and any Proposed Change Comment council takes its final vote thereon; provided, however, that the election is precleared if necessary in accordance with law statutory prerequisites can be met. Sec Recall election. The city clerk shall at once examine the recall petition and if he finds it sufficient and in compliance with the provisions of this article of the charter, he shall within five (5) days submit it to the city council with his certificate to that effect and notify the officer sought to be recalled of such action. If the officer whose removal is sought does not resign within five (5) days after such notice, the city council at the next regular meeting shall thereupon order and fix a date for holding a recall election. Any such election shall be held at the next regular municipal election after the petition has been presented to the city council provided, however, that the statutory prerequisites can be met the election is precleared if required in accordance with law. Sec Publicity of records. All records and accounts of every office, department or agency of the city shall be open to inspection by any citizen, any representative of a citizen's organization or any representative of the press at all reasonable times and under reasonable regulations established by the city manager the Public unless otherwise expressly provided by law. Sec Zoning ordinances. For the purpose of promoting the health, safety, morals or general welfare of the city, the council may by ordinance regulate the location, height, bulk and size of buildings and other structures, the size of yards, courts and other open spaces, the density of population and the uses of buildings, structures and land for trade, industry, business, residence or other purposes. Such ordinances may provide that the zoning board of appeals may, in appropriate cases and subject to appropriate principles, standards, rules, conditions and safeguards set forth in the ordinance, make special exceptions to the terms of the zoning regulations in harmony with their general purpose and intent. Such ordinances may provide that the zoning board of appeals may authorize variances from the strict application of the regulations in such situations and subject to such limitations as may be set forth in ordinance. Aall of the powers granted by Title 28, Chapter 4, Articles 1011a to 1011j, both inclusive, of 1925 Revised Civil Statutes of Texas [V.T.C.A., Local Government Code , et seq ], together with The City is no longer required to make a submission to the DOJ pursuant to the Voting Rights Act; therefore, this change reflects that the election can be held only if there is time for all of the statutory requirements to be satisfied. The records and accounts of the City are generally governed by the Texas Public Information Act. Additionally, certain federal and state laws prohibit the City from disclosing certain information such as medical records, and the like. This change brings the Charter in line with federal and state law. This section is revised in order to be consistent with Chapter 211 of the Texas Local Government Code. Conformance with Law/ Efficiency? Conformance with Law Conformance with Law Page 54 of 96

166 Section Charter and any Proposed Change Comment existing amendments and all amendments as hereinafter may be made relating to zoning in cities, are hereby adopted and made a part of this charter. Conformance with Law/ Efficiency? \\cobfs01\legal\karen\files\city Council\Charter Review Committee\2014 for 2015\ReviewofCharter4CharterReviewCommitteeUpdated doc Page 55 of 96

167 APPENDIX 5 PUBLIC COMMENT The Charter Review Committee has considered many issues and investigated many different areas of information in order to facilitate its mandate to recommend charter revisions to the City Council. Early on in the process, the Committee Members individually, and as a group, determined that one of the most important factors in proposing any amendment to the City of Baytown Charter would be public input. Although this idea was foremost in the minds of all of the Committee Members, the importance of public input was reinforced by the past experience of several of the members who had served on the previous Charter Review Committees. These members related to the Committee that views on what should be recommended to the City Council in the prior Committee reports were significantly altered after the previous Committee held public forums. Seeking public input was a major goal of the Committee. The Committee discussed different avenues of seeking public input. This report discusses one method the Committee used public hearings. The Committee Members all agreed that public hearings would be the most direct and efficient way to obtain public input. The previous Review Committees held public forums. After much discussion, this Committee determined to have one day for such public forums. To accommodate the work schedules of the public, the Committee decided to hold two public forums. The first was held during the work day and a second held later in the evening. The Committee discussed various methods for disseminating information about the public hearings and several methods were implemented. The members of the Committee, through contacts with different civic groups and social contacts, made personal attempts to invite citizens to appear and express their views. Committee Chairman Dr. Don Murray wrote an article for publication in The Baytown Sun. The article set forth the goals of the Committee and explained that the Committee was extremely interested in the community input and participation in the process. The text for the article published in The Baytown Sun is in Appendix 6. Based on the public participation at the previous Committee forums, the Committee expected significant public comment and sentiment. During discussions of many issues confronting the Committee, the opinions or concerns of the citizens of Baytown were always a consideration. Although there were two public hearings held, only a small number of citizens appeared to express their views to the Committee. The minutes of the two meetings are available for public review. There were only two citizens who appeared before the Committee and their input is detailed below. All of the Committee Members were in attendance at the public meetings. The hearings began with an explanation of the public meeting procedure given by the Chairman Dr. Murray. After the introduction, the Committee had a short presentation on the role of the Page 56 of 96

168 City Charter in the governance of the City and its importance. This presentation was given by City Attorney Ignacio Ramirez at the afternoon meeting and by City Clerk Leticia Brysch at the evening meeting. This overview included a history of the creation and development of the Charter from 1948 through the amendment of the Charter on three occasions. The overview continued with a discussion of the process and workings of the Charter Review Committee. After the overview, Chairman Dr. Murray reiterated the importance to the Committee of public input to the process and then recognized the individual who signed up to express his view. Only one citizen addressed the Committee at the afternoon meeting he stated he had been a resident of the City since The citizen stated that he did not oppose or favor any change he just wanted more information on the issue concerning changes in the size of the City Council and the possibility of the creation of super districts. The second public hearing was held on the same day, but in the evening. The Committee followed the same procedure as set forth above. Chairman Dr. Murray reiterated that citizens could provide additional comments on the City s website and by until April 10th of One citizen a Baytown resident since 1976 addressed the Committee. The citizen who addressed the Committee at the afternoon meeting offered several comments. He first addressed the issue of eliminating obsolete provisions in the Charter that are not in compliance with state law. He opined that they should be eliminated and that he supported simplifying the Charter to remove any legalize and expressed concern that such provisions could subject the City to litigation. He then addressed the issue of pay for City Council members. He suggested that the Council and Mayor be paid $1, a month. This amount would be to reimburse Council members for any expenses including travel time to and from city activities and to cover fuel expenses, mileage and food. In answer to a question from one of the members of the Committee, he further stated that any extraordinary expenses should be reimbursed in addition to the base pay he suggested. He then opined that the terms of the Mayor and City Council should be limited to two terms of three years. The rationale offered was to allow other citizens interested in City government who would like to serve on Council to see what they could do. He further highly encouraged the Committee to use social media as well as the local paper to communicate with the citizenry in an effort to encourage younger citizens to participate in City matters. He stated that after review of the Charter he found it to be crazy and confusing. He suggested that changes be made to clarify the Charter. The Committee received four comments from citizens. The comments are included in their entirety just as they were submitted with any identifying information removed. The first comment is as follows: 1. Should the mayor & council members be paid? I think they should, & that a salary survey of cities with approximately the same population needs to be completed so that a benchmark can be determined. Once that information is compiled recommend salaries. Page 57 of 96

169 2. Should the city charter be changed... Not knowing what obsolete or inconsistencies with State Law, I believe voters need to know what those are before removing. I just recently learned that in the State of Texas, Sharia Law is allowed; Irvine, TX. I'm in hopes that Texas will join other States in removing this from our constitution & certainly DO NOT want Baytown to allow such a law. 3. Should voters in city elections be required to be registered voters in the City? Absolutely! I do NOT want someone who is NOT a registered voter, voting on issues that impact tax paying citizens. I am willing to bet there are many undocumented people living here thinking they are getting away with breaking the law & performing criminal acts in this city as we speak. Since our Federal Government will not do their job to protect American citizens, Baytown must do everything possible to protect us. 4. Using simpler language would be good so long as it does not change the integrity & purpose of said statement. 5. Term limits. At one time my thoughts were if a Person was doing a good job leave them in office. But in light of our Federal Government, I believe term limits are necessary. Thank you for allowing me the opportunity to voice my position. The next comment is as follows: I agree with the suggestions that (name removed) has made. I read in the Baytown Sun yesterday that the City is looking for input on the Charter, where can I go to read the City of Baytown's Charter? Not certain if the things that I have a problem with in our community would be a part of the Charter. The main concern that I have for our community is that we have more than our fair share of apartments and yet City Council keeps rubber stamping every apartment complex that comes before them. Then right behind the apartment issues are RV, trailer parks and mobile home parks. These projects are not helpful to our community and I would even go as far as to say they are the greatest draws on our city. To be exact I am referring to the draws on our police, EMS, fire department, emergency rooms, schools, teachers and administrators. I am not certain if the city charter is a place for my concerns? The next comment is as follows: I agree with your comments 100%, however the city charter is the governing document that provides how our local government operates. etc., kind of like a city constitution and is not the appropriate place for the subject matter you have expressed. (Name removed) and other citizens have been doing an excellent job in mulling over it line by line to what changes need to be made in a November election. I believe their recommendations will be presented to council in late May to decide on what items should go on a ballot (term limits, council compensation, language updates, etc.), maybe (name removed) can post some info on the Lakewood site. Page 58 of 96

170 Regarding Travis park, I would like to see more stuff there also, but it is not so easy with the school parks because they are on GCCISD property and other factors, but I will see what I can do since it is the only neighborhood park in Lakewood. It is my understanding that GCCISD is responsible for general maintenance of the school based parks during the school year. There are many neighborhoods that need cleaning up (including Lakewood), and the current ordinances do not address yards that look like crap or have debris/materials all over the place. That s why we have thrash-off (April 11th, free) and the green center for citizens to get rid of their junk/hazardous materials. Ordinances are only as good as they are enforced, some ordinances are only enforced when a complaint is filed (complaint based), you know I have always forwarded all complaints to city administration when received. I am also a stakeholder, Just look at my next door neighbors and the how they keep their property and used car lot (unfortunately they are compliant with the ordinances). Here s a link: I appreciate your concerns and those of all our neighbors to improve our community, I think the problem is not so much based on our ordinances, but more on the mentality and lack of civic pride of some of our residents (cultural change). How to fix? Take care, The next comment is as follows: Hello, I don't often read the Baytown Sun, but saw an article about the lack of interest in meeting about making changes to the city charter. I didn't know about it, or would have ed Lakewood folks to attend. It can also be posted on Nextdoor Lakewood site to 100+ people. Anyway, to get to the point I have a couple suggestions I bet many agree with: First, we have to clean up the neighborhoods - junk on property, un-kept property (high grass, weeds, overgrown bushes, etc), cars/boats/rv's in yard, etc, etc. The current ordinances do NOT cover enough, and are sometimes enforced - only after a complaint. See (address removed) and empty lot next door. This is a prime example of the reason change is necessary - Nobody would want to live near this residence, I don't even like to drive by it... Second, Neighborhood parks need improvement (at least some parks do). Travis Park for example is in need of more equipment, upgrades, there are literally 4 activities for an entire elementary school and a neighborhood of 800+homes. I had to ask for a couple benches installed for parents/teachers to sit on - thanks, that was done. Baytown does have some very nice parks for kids to play at, but Travis is not one of them. Kids need to get outside and play, and will if they had something to go to. All Parks need better maint. (cleaning up trash, removing graffiti, replacing (not removing) broken/damaged or old equipment). Those are a couple of suggestions; please consider them in the charter. This summary includes all of the public comment that the Committee has received on the issue of Charter revision. Page 59 of 96

171 APPENDIX 6 THE BAYTOWN SUN ARTICLE BAYTOWN CHARTER REVIEW By D. C. (Don) Murray, Chairperson of the Baytown 2015 City Charter Review Committee and former Baytown City Council member. I am writing this because our City needs your help. Our City Charter is currently being reviewed by a City Council appointed Committee of citizens. The Committee needs suggestions regarding possible Charter changes. There will be two Public Comment Meetings on March 24 at City Hall. One will be at 3:00 pm and the other at 7:00 pm. In 1948, the City we now know as Baytown was formed by the combination of three then existing smaller towns Pelly, Goose Creek and Baytown. Over these sixty-seven years, our city has evolved in culture; geography, population, economics and all the other ways cities across the country have grown. Our City Charter has not evolved as has our city. As time has passed, society, technology, business practices, state law and other changes have taken place. This has resulted in making many components of the Charter obsolete. Only four times in the sixty-seven years have changes been made. These involved only twenty-four of the one hundred forty Charter sections. Each of the four times, as is required by the Charter, a vote of the citizens was held to approve the changes. In many ways it is good that it is difficult to change the Charter. However, there are other reasons why this process can become a laborious burden. This has resulted in significant portions of the Charter remaining obsolete and difficult to operate within. If fact, the City cannot comply with many parts of the Charter without violating newer and over-riding state laws. In 2014, the Baytown City Council appointed a group of seven citizens and charged them with the task of reviewing the Charter. The members of the Committee are: Gilbert Hinojosa, Cliff Clements, Randy Dickey, Pi-Yi Mayo, Vivian Hemphill, Donna Winfrey-Varner and me, Don Murray. Since early 2014, the Committee has met monthly to define the issues and prioritize their importance. After many more meetings, their findings will be presented to the City Council on May 28. The Council will then determine what Charter changes will be put on the ballot for citizen consideration on November 3rd. Citizen input is a critical resource the Committee needs. We need comments on any and all subjects related to the Charter. In particular we want comments on several key items. They are: 1) Should the mayor and council members be paid? If so, how much? They are currently not paid. 2) Should the City Charter be changed to remove areas that are obsolete or inconsistent with state law?, 3) Should voters in city elections be required to be registered voters in the city of Baytown? 4) Should the City Charter be changed to make it easier for the citizens to understand? Make the language simpler rather than so legalistic? 5) Should there be term limits on the mayor and council members? Page 60 of 96

172 The Committee will conduct two Public Comment Meetings on Tuesday March 24. One will be at 3:00 pm and one at 7:00 pm. They will take place in the City Council Chambers in City Hall at 2401 Market Street. There will be opportunities for citizen input in both oral and written communications. (In addition, the City website, has a Charter Review Committee page that allows the public to submit their comments via an online form. The Committee can also receive public comments via at charter_review@baytown.org) The City staff is the other major resource to the Committee. Their knowledge is invaluable. We thank them for their hard work and their willingness to work into the evenings to assist the Committee. Further background on the issue is in order. The City Charter is to Baytown much like what the Texas Constitution is to the state of Texas and the US Constitution is to the United States. The Charter is not a group of city laws. It is a framework which the City Council and the City Administration must work within while governing and managing of the City. Changes to the City Charter must be approved by the citizens as does the State Constitution. There are, however, several major differences between the City Charter and the Texas Constitution. The most important of these is that the State Legislature frequently changes the state laws. These state laws take precedence over the City Charter. This has led to numerous portions of our sixty seven year old Charter to be outdated. In numerous cases the Charter is in direct violation of the newer state laws. In these cases, the Charter components become useless and are not complied with and must give preference to the state law. The only way this conflict can be corrected is for the City to change the Charter to be consistent with state law or to make the Charter more generic so that changes in State Law will not cause conflicts. Another issue is that the state law restricts changing city charters to no more frequently than every two years. Overall this combination of restrictions has made the Baytown Charter a document that is not what we can be proud of. With this background, I hope the readers of this will take steps in helping the Committee. I encourage citizens to attend one of the meetings (or provide suggestions via the above mentioned electronic media procedures.) Page 61 of 96

173 PART I - CHARTER FOOTNOTE(S): --- (1) --- APPENDIX 7 CURRENT WORKING COPY OF CITY CHARTER Editor's note Printed herein is the Charter of the City of Baytown, as adopted by referendum on January 24, Amendments to the Charter are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original Charter. Obvious misspellings have been corrected without notation. For stylistic purposes, a uniform system of headings, catchlines and citations to state statutes has been used. Additions made for clarity and state law citation corrections and conversions are indicated by brackets. State Law reference Home rule municipality, V.T.C.A., Local Government Code ARTICLE I. - INCORPORATION; FORM OF GOVERNMENT; CORPORATE AND GENERAL POWERS Sec Incorporation. The inhabitants of the City of Pelly (consolidated town of Tri-Cities), within the corporate limits as now established or as hereafter established in the manner provided by this charter, shall continue to be a municipal body politic and corporate in perpetuity, under the name of the "City of Baytown." Sec Form of government. The municipal government provided by this charter shall be known as the "council-manager government." Pursuant to its provisions and subject only to the limitations imposed by the state constitution and by this charter, all powers of the city shall be vested in an elective council hereinafter referred to as "the council," which shall enact local legislation, adopt budgets, determine policies, and appoint the city manager, who shall execute the laws and administer the government of the city. All powers of the city shall be exercised in the manner prescribed by this charter, or if the manner be not prescribed, then in such manner as may be prescribed by ordinance. Sec Powers of the city. The city shall have all the powers granted to municipal corporations and to cities by the constitution and laws of the state of Texas together with all the implied powers necessary to carry into execution all the powers granted. The city may acquire property within or without its corporate limits for any city purpose in fee simple or any lesser interest or estate, by purchase, gift, devise, lease, or condemnation, and may sell, lease, mortgage, hold, manage and control such property as its interests may require; and, except as prohibited by the constitution of this state or restricted by this charter, the city shall and may exercise all municipal powers, functions, Page 62 of 96

174 rights, privileges and immunities of every name and nature whatsoever. The city may use a corporate seal; may sue and be sued; may contract and be contracted with; may implead and be impleaded in all courts and places and in all matters whatever; may cooperate with the government of the state of Texas or any agency thereof, the Federal Government or any agency thereof, or any political subdivision of the State of Texas, to accomplish any lawful purpose for the advancement of the interest, welfare, health, morals, comfort, safety and convenience of the city or its inhabitants; and may pass such ordinances as may be expedient for maintaining and promoting the peace, welfare and government of the city, and for the performance of the functions thereof. The enumeration of particular powers by this charter shall not be deemed to be exclusive, and in addition to the powers enumerated therein or implied thereby, or appropriate to the exercise of such powers, it is intended that the city of Baytown shall have, and may exercise, all powers of local self-government, and all powers enumerated in Chapter 13, Title 28, Article 1175 of the Revised Civil Statutes of the state of Texas, of 1925, and the amendments thereto and hereafter enacted [V.T.C.A., Health and Safety Code ; V.T.C.A., Local Government Code , , , , , , , , , , , , , , , , , , , , , , , , , , ; V.T.C.A., Tax Code , , ; V.T.C.A., Transportation Code , , , , , ], or any other powers which, under the constitution and laws of the state of Texas, it would be competent for this charter specifically to enumerate. State Law reference Home rule powers generally, V.T.C.A., Local Government Code et seq. Sec Special provision for damage suits. Before the city shall be liable to damage claim or suit for personal injury or damage to property, the person who is injured or whose property is damaged or someone in his behalf shall give the city manager or the city clerk notice in writing within thirty days after the occurring of the alleged injury or damage, stating specifically in such notice when, where and how the injury or damage was sustained, and setting forth the extent of the injury or damage as accurately as possible, and giving the names and addresses of all witnesses upon whose testimony such person is relying to establish the injury or damage. No action at law for damages shall be brought against the city for personal injury or damage to property prior to the expiration of sixty days after the notice hereinbefore described has been filed with the city manager or the city clerk. After the expiration of the sixty days aforementioned, the complainant may then have two years in which to bring an action of law. State Law reference Notice of tort claims, V.T.C.A., Civil Practice and Remedies Code Sec Eminent domain. The city shall have the full right, power and authority to exercise the power of eminent domain when necessary or desirable to carry out any of the powers conferred upon it by this charter, or by the constitution or laws of the state of Texas. In all cases where the city seeks to exercise the Page 63 of 96

175 power of eminent domain, it may be controlled, as nearly as practicable, by the laws governing the condemnation of property of railroad corporations in this state, the city taking the position of the railroad corporation in any such case. The city may also exercise the power of eminent domain in any other manner authorized or permitted by the constitution and laws of this state, or in the manner and form that may be provided by ordinance of the governing body of the city. The power of eminent domain hereby conferred shall include the right of the city to take the fee in the lands so condemned and such power and authority shall include the right to condemn public property for such purposes. The city shall have and possess this power of condemnation for any municipal or public purpose, even though not specifically enumerated herein or in this charter. State Law reference Eminent domain, V.T.C.A., Local Government Code et seq. Sec Street powers. The city of Baytown shall have the power to lay out, establish, open, alter, widen, lower, extend, grade, abandon, discontinue, abolish, close, care for, pave, supervise, maintain and improve streets, alleys, sidewalks, parks, squares, public places and bridges; and regulate the use thereof and require the removal from streets, sidewalks, alleys and other public property or places of all obstructions and all fruit stands, show cases and encroachments of every nature or character upon any of said streets and sidewalks. State Law reference Authority regarding streets, V.T.C.A., Transportation Code et seq. Sec Street improvements. The city of Baytown shall have exclusive dominion, control and jurisdiction in, upon, and over and under the public streets, avenues, alleys and highways of the city, and may provide for the improvement thereof by paving, repaving, raising, draining, or otherwise. The provisions of Chapter 106, Fortieth Legislature, First Called Session, Acts 1927, together with existing amendments and all such amendments as hereinafter may be made, are expressly adopted and made a part of this charter. Such exclusive dominion, control and jurisdiction in, upon, over and under the public streets, avenues, alleys and highways of the city shall also include, but not be limited to, the right to regulate, locate, relocate, remove, or prohibit the location of, all utility pipes, lines, wires, or other property. State Law reference Street improvements and assessments, Vernon's Ann. Civ. St. art Sec Extending city limits upon petition. Whenever a majority of the qualified voters who are citizens of the state of Texas and inhabitants of any territory adjoining Baytown, as said territory may be designated by the city council or in case there are no qualified voters in said territory, then when persons owning a majority of the land in area in said territory desire the annexation of such territory to Baytown, they may present a written petition to that effect to the city council and shall attach to said petition the affidavit of one or more of their number to the effect that said petition is signed by a majority of such Page 64 of 96

176 qualified voters, or in case there are no qualified voters said affidavit shall be to the effect that there are no qualified voters in said territory and that the persons signing said petition own a majority of the land in area in said territory; and thereupon the city council at a regular session held not sooner than twenty days after the presentation of said petition may by ordinance annex such territory to Baytown and thenceforth the said territory shall be a part of Baytown, and the inhabitants thereof shall be entitled to all of the rights and privileges of other citizens and shall be bound by the acts, ordinances, resolutions and regulations of said city. State Law reference Annexation, V.T.C.A., Local Government Code et seq. Sec Extending limits by action of the city council. The city council shall have power by ordinance to fix, alter, and extend the boundary limits of the city; and to annex additional territory, with or without the consent of the territory and inhabitants annexed. Upon the introduction of an annexation ordinance in the city council, a description of the ordinance sufficient to identify the property being annexed shall be published in the official newspaper of the city one time, and the ordinance shall not be finally acted upon until at least fourteen (14) days have elapsed after the first publication thereof. Upon final passage of an annexation ordinance, the boundaries of the city shall include the territory annexed by ordinance. When the territory is annexed, it shall be a part of the city and bear its pro rata part of the taxes levied by the city and the inhabitants shall be citizens of the city and shall be bound by the acts, ordinances, resolutions and regulations of said city. (Ord. No. 12,110, 3, ) State Law reference Annexations, V.T.C.A., Local Government Code et seq. Sec Sanitary sewer system. The city shall have the power to provide for a sanitary sewer system and to require property owners to connect their premises with such sewer system; to provide for fixing penalties for failure to make sanitary sewer connections; and shall further have the right to fix charges and compensation to be charged by the city for sewerage service, providing rules and regulations for the collection thereof. Sec Garbage disposal. The city council shall have the right by ordinance to adopt and prescribe rules and regulations for the handling and disposition of all garbage, trash and rubbish within the city of Baytown, and shall further have the right to fix charges and compensation to be charged by the city for the removal of garbage, trash and rubbish, providing rules and regulations for the collection thereof. ARTICLE II. - THE COUNCIL Sec Number, selection, term. (a) Number. The city council shall be composed of a mayor and six council members. Page 65 of 96

177 (b) Selection. The mayor shall be elected by the qualified voters from the city at large and the six (6) council members shall be elected from single-member districts by the qualified voters from each of the six (6) districts as provided in subsection (c) hereof. (c) Districts. The city shall be divided into six (6) city council single-member districts. Each council member shall reside in the district that he/she is elected to represent. (d) Term. Subject to subsections (e) and (f) of this section, each member of the city council shall serve for a term of three years or until his/her successor has been elected and inducted. (e) Staggered three-year terms. Beginning at the regular municipal election in 2007, the council members from single member district numbers 1, 2, and 3 shall be elected for a term of three years. At the regular municipal election in 2008, the council members from single member district numbers 4, 5 and 6 shall be elected for a term of three years. At the regular election in 2009, the mayor shall be elected for a term of three years. (f) Transition. To make the transition from two-year terms to three-year terms, it is necessary for the mayor to hold over in office for one year after the expiration of his/her twoyear term in If a vacancy occurs in a holdover position, it shall be filled in an election as other vacancies are filled. (Ord. No. 10,335, 3, ; Res. No. 2159, 2, ) Editor's note Pursuant to article II, section 12 of the Charter of the City of Baytown, Ordinance Number 6046, the Texas Election Code, and the order of the court in Campos, et al v. City of Baytown, et al, providing for the manner of election and the term of office of the members of the city council of the City of Baytown, the city council herein establishes election by district effective beginning with the municipal election to be held on May 3, 1997 for districts 1, 2 and 3. Therefore, the reference to election at large of councilmembers has been editorially deleted. In addition, pursuant to V.T.C.A., Election Code , the date of the city election is the first Tuesday in November. State Law reference Uniform election dates, V.T.C.A., Election Code Sec Qualifications. The mayor and each of the six councilmen shall be a citizen of the United States of America and a qualified voter of the state of Texas; shall have resided for at least two years next preceding the election within the corporate limits of Baytown; shall be a bona fide owner of real estate within the corporate limits of Baytown; and shall not be in arrears in the payments of any taxes or other liability due the city. A member of the council ceasing to possess any of the qualifications specified in this section, or convicted of a felony while in office, shall immediately forfeit his office. Case law references Freeholder requirement, Hill v. Stone, 421 U.S. 289, 95 S.Ct (1975); requirement regarding candidate not be in arrear on taxes, Gonzales v. Stinton, 319 F.Supp. 189 (S.D. Texas 1970). State Law reference Residency, V.T.C.A., Election Code Page 66 of 96

178 Sec Compensation of members of city council. Members of the city council shall serve without pay or compensation; provided, however, that they shall be entitled to all necessary expenses incurred in the performance of their official duties. Sec Presiding officer; mayor. The mayor shall preside at meetings of the council and shall be recognized as head of the city government for all ceremonial purposes and by the governor for purposes of military law, but shall have no regular administrative duties. The mayor shall be entitled to vote upon all matters considered by the council, but he shall have no veto power. The council shall elect a mayor pro tem who shall act as mayor during the absence or disability of the mayor and, if a vacancy should occur, shall become mayor until the next regular election, at which election a mayor shall be elected to fill the unexpired term. Sec Vacancies in council. (a) Generally. A vacancy in the council shall be filled by a qualified voter residing in the district in which the vacancy occurred. (b) Two-year terms. The council may choose that a single vacancy in council with two-year terms be filled either by a majority vote of the remaining members of the council or by a majority vote of the qualified voters from the single-member district or the city at-large, as applicable. Where more than one vacancy in council with two-year terms shall develop at any one time, then an election shall be held and the vacancies shall be filled by a majority vote of the qualified voters from the single-member district or the city at-large, as applicable. (c) Three-year terms. Vacancies in council with three-year terms shall be filled in accordance with law by a majority vote of the qualified voters from the single-member district or the city atlarge, as applicable. (Ord. No. 10,335, 4, ) Sec Powers. All powers of the city and the determination of all matters of policy shall be vested in the city council. Without limitation of the foregoing and among the other powers that may be exercised by the council, the following are hereby enumerated for greater certainty. (1) Immediately upon the adoption of this charter the city council shall appoint a commission for the purpose of dividing Baytown into six districts of approximately equal population. It shall be mandatory after the publication of each federal census to redistrict the city according to the latest population figures or more often if the growth of the city justifies. (2) Appoint and remove the city manager. (3) Establish other administrative departments and distribute the work of divisions. (4) Adopt the budget of the city. (5) Authorize the issuance of bonds by a bond ordinance. Page 67 of 96

179 (6) Inquire into the conduct of any office, department or agency of the city and make investigations as to municipal affairs. (7) Appoint the members of the planning commission. (8) Appoint the members of the zoning board of appeals. (9) Adopt plats. (10) Adopt and modify the official map of the city. (11) Adopt, modify, and carry out plans proposed by the planning commission for the clearance of slum districts and rehabilitation of blighted areas. (12) Adopt, modify and carry out plans proposed by the planning commission for the replanning, improvement and redevelopment of neighborhoods and for the replanning, reconstruction or redevelopment of any area or district which may have been destroyed in whole or in part by disaster. (13) Provide for the establishment and designation of fire limits and to prescribe the kind and character of buildings or structures or improvements to be erected therein, and to provide for the erection of fireproof buildings within certain limits, and to provide for the condemnation of dangerous structures or buildings or dilapidated buildings or buildings calculated to increase the fire hazard, and the manner of their removal or destruction. Sec Appointment of city manager. The council shall appoint an officer of the city who shall have the title of city manager and who shall have the powers and perform the duties in this charter provided. No councilman shall receive such appointment during the term for which he shall have been elected, nor within one year after the expiration of his term. Sec Removal of city manager. The council shall appoint the city manager for an indefinite term and may remove him by a majority vote of its members. At least thirty days before such removal shall become effective, the council shall by a majority vote of its members adopt a preliminary resolution stating the reasons for his removal. The manager may reply in writing and may request a public hearing, which shall be held not earlier than twenty days nor later than thirty days after the filing of such request. After such public hearing, if one be requested, and after full consideration, the council by majority vote of its members may adopt a final resolution of removal. Sec Council not to interfere in appointments or removal. Neither the council nor any of its members shall direct the appointment of any person to, or his removal from office, by the city manager or by any of his subordinates; provided, however, that the appointment of department heads shall be subject to the approval of the council. Except for the purpose of inquiry the council and its members shall deal with the administrative service solely through the city manager and neither the council nor any member thereof shall give orders to any subordinates of the manager, either publicly or privately. Sec Right of the city manager and other officers in council. Page 68 of 96

180 The city manager, the heads of all departments, and such other officers of the city as may be designated by vote of the council, shall be entitled to seats in the council, but shall have no vote therein. The city manager shall have the right to take part in the discussion of all matters coming before the council, and the directors and other officers shall be entitled to take part in all discussions of the council relating to their respective offices, departments or agencies. Sec Administrative departments. There are hereby created the following administrative departments: Finance, Police, Fire, Law, Public Works, Health, Recreation, and Water. The council may, if it deems it advisable, consolidate into one department not more than two of the departments hereby established. The council by ordinance may create, change, and abolish offices, departments, or agencies other than the offices, departments and agencies established by this charter. Sec Fire department staffing. The fire department of the city shall maintain and operate a minimum of five (5) fire stations. Each fire station shall have in operation at all times a minimum of one (1) fire emergency vehicle, which shall be staffed by a minimum of four (4) personnel, including one (1) officer, one (1) fire equipment operator, and two (2) fire fighters. (Amd. of ) Sec City clerk. The council shall designate an officer of the city who shall be recommended by the city manager to serve as clerk of the council. He shall give notices of its meetings, shall keep the journal of its proceedings, shall authenticate by his signature and record in full in a book kept for the purpose all ordinances and resolutions and shall perform such other duties as the city manager shall assign to him. Sec Appointment of municipal judge and clerk. A judge shall be appointed by the city council to serve for a term of two years. He may be removed for incompetency, misconduct, or malfeasance. He shall receive such salary as may be fixed by the council from time to time. The judge shall be the judge of the municipal court which shall have the jurisdiction and shall be conducted in the manner prescribed and authorized by law. All costs and fines imposed by the municipal court, or by any court in cases appealed from judgments of the municipal court, shall be paid into the city treasury for the use and benefit of the city. The city clerk or his deputy shall be clerk of the municipal court. The clerk of the said court and his deputies shall have the power to administer oaths and affidavits, make certificates, affix the seals of said court thereto, and generally do and perform any and all acts usual and necessary by clerks of courts in issuing processes of said courts and conducting the business thereof. State Law reference Municipal court, V.T.C.A., Government Code et seq. Page 69 of 96

181 Sec Induction of council into office; meetings of council. The regular municipal election shall be held on the May uniform election date, unless another date is established by law. After canvassing the results of the election, the council shall meet at the usual place for holding meetings, and the newly-elected members shall qualify and assume the duties of office. Thereafter, the council shall meet regularly at such times as may be prescribed by its rules but not less frequently than once each month. All meetings of the council shall be open to the public, except as authorized by law; special meetings shall be called by the city clerk upon request of the mayor, city manager or a majority of the members of the council. (Ord. No. 10,335, 5, ; Res. No. 2159, 2, ) Editor's note The election date of the city pursuant to V.T.C.A., Election Code is the first Tuesday in November. State Law reference Meetings open to the public, V.T.C.A., Government Code et seq. Sec Council to be judge of qualifications of its members. The council shall be the judge of the election and qualifications of its members and for such purpose shall have power to subpoena witnesses and require the production of records, but the decision of the council in any such case shall be subject to review by the courts. Sec Rules of procedure; journal. The council shall determine its own rules and order of business. It shall keep a journal of its proceedings and the journal shall be open to public inspection. Sec Ordinances. In addition to such acts of the council as are required by statute or by this charter to be by ordinance, every act of the council establishing a fine or other penalty or providing for the expenditure of funds or for the contracting of indebtedness, shall be by ordinance. The enacting clause of all ordinances shall be, "BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN." Sec Procedure for passage of ordinances. Every ordinance shall be introduced in written or printed form and, upon passage, shall take effect at the time indicated therein; provided that any ordinance imposing a penalty, fine or forfeiture for a violation of its provisions shall become effective not less than ten days from the date of its passage. The city clerk shall give notice of the passage of every ordinance imposing a penalty, fine or forfeiture for a violation of the provisions thereof, by causing the caption or title, including the penalty, of any such ordinance to be published in the official newspaper in the city of Baytown at least twice within ten days after the passage of said ordinance. He shall note on every ordinance, the caption of which is hereby required to be published, and on the record thereof, the fact that same has been published as required by the charter, and the date of such publication, which shall be prima facie evidence of the legal publication and promulgation of Page 70 of 96

182 such ordinance; provided, that the provisions of this section shall not apply to the correction, amendment, revision and codification of the ordinances of the city for publication in book or pamphlet form. Except as otherwise provided in section 117 of this charter, it shall not be necessary to the validity of any ordinance that it shall be read more than one time or considered at more than one session of the city council. Every ordinance shall be authenticated by the signature of the mayor and city clerk and shall be systematically recorded in an ordinance book in a manner approved by the council. It shall only be necessary to record the caption or title of ordinances in the minutes or journal of council meetings. The city council shall have power to cause the ordinances of the city to be corrected, amended, revised, codified and printed in code form as often as the council deems advisable, and such printed code, when adopted by the council, shall be in full force and effect without the necessity of publishing the same or any part thereof in a newspaper. Such printed code shall be admitted in evidence in all courts and places without further proof. Sec Investigation by council. The council shall have power to inquire into the conduct of any office, department, agency, or officer of the city and to make investigations as to municipal affairs, and for that purpose may subpoena witnesses, administer oaths, and compel the production of books, papers and other evidence. Failure to obey such subpoena or to produce books, papers or other evidence as ordered under the provisions of this section shall constitute a misdemeanor and shall be punishable by fine not to exceed one hundred dollars. Sec Independent audit. The council shall designate a certified public accountant who, shall make an independent audit of accounts and other evidence of financial transactions of the city government in accordance with state law and shall submit his report to the council. (Ord. No. 12,110, 4, ) ARTICLE III. - THE CITY MANAGER Sec The city manager; qualifications. The city manager shall be chosen by the council solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practice in respect to the duties of his office as hereinafter set forth. At the time of his appointment, he need not be a resident of the city or state, but during his tenure of office he shall reside within the city. Sec The city manager; power and duties. The city manager shall be the chief executive officer and the head of the administrative branch of the city government. He shall be responsible to the council for the proper administration of all affairs of the city and to that end, he shall have power and shall be required to: Page 71 of 96

183 (1) Appoint and, when necessary for the good of the service, remove all officers and employees of the city except as otherwise provided by this charter and except as he may authorize the head of a department to appoint and remove subordinates in such department. (2) Prepare the budget annually and submit it to the council and be responsible for its administration after adoption. (3) Prepare and submit to the council as of the end of the fiscal year a complete report on the finances and administrative activities of the city for the preceding year. (4) Keep the council advised of the financial condition and future needs of the city and make such recommendations as may seem to him desirable. (5) Perform such other duties as may be prescribed by this charter or required of him by the council, not inconsistent with this charter. Sec Absence of city manager. To perform his duties during his temporary absence or disability, the manager may designate by letter filed with the city clerk a qualified administrative officer of the city. In the event of failure of the manager to make such designation, the council may by resolution appoint an officer of the city to perform the duties of the manager until he shall return or his disability shall cease. Sec Directors of departments. At the head of each administrative department there shall be a director, who shall be an officer of the city and shall have supervision and control of the department subject to the city manager. Two or more departments may be headed by the same individual, the manager may head one or more departments, and directors of departments may also serve as chiefs of divisions. Sec Departmental divisions. The work of each administrative department may be distributed among such divisions thereof as may be established by ordinance upon the recommendation of the manager. Pending the passage of an ordinance or ordinances distributing the work of departments under the supervision and control of the manager among specific divisions thereof, the manager may establish temporary divisions. ARTICLE IV. - DEPARTMENT OF LAW Sec City attorney; appointment. There shall be a department of law, the head of which shall be the city attorney, who shall be appointed by the city manager. Sec City attorney; qualifications. The city attorney shall be a qualified attorney-at-law who is licensed to practice in the state of Texas. Sec City attorney; powers and duties. Page 72 of 96

184 The city attorney shall be the chief legal adviser of the council, of all offices, departments and agencies and of all officers and employees in matters relating to their official powers and duties. He shall represent the city in all legal proceedings. It shall be his duty to perform all services incident to his position as may be required by statute, by this charter or by ordinance. ARTICLE V. - THE BUDGET Sec Fiscal year. The fiscal year of the city government shall begin on the first day of October and shall end on the last day of September of each calendar year. Such fiscal year shall also constitute the budget and accounting year. As used in this charter the term "budget year" shall mean the fiscal year for which any particular budget is adopted and in which it is administered. Sec Preparation and submission of budget. The city manager, at least sixty days prior to the beginning of each budget year, shall submit to the council a proposed budget and an explanatory budget message in the form and with the contents provided by sections 50 and 52. For such purpose, at such date as he shall determine, he, or an officer designated by him shall obtain from the head of each office, department or agency estimates of revenue and expenditure of that office, department, or agency detailed by organization units and character and object of expenditure, and such other supporting data as he may request. In preparing the budget, the city manager shall review the estimates, shall hold hearings thereon and may revise the estimates, as he may deem advisable. Sec Budget a public record. The budget and budget message and all supporting schedules shall be a public record in the office of the city clerk open to public inspection by anyone. The city manager shall cause sufficient copies of the budget and budget message to be prepared for distribution to interested persons. Sec Publication of notice of public hearing. At the meeting of the council at which the budget and budget messages are submitted, the council shall determine the place and time of the public hearing on the budget, and shall cause to be published a notice of the place and time, not less than seven days after date of publication, at which the council will hold a public hearing. Sec Public hearing on budget. At the time and place so advertised, or at any time and place to which such public hearing shall from time to time be adjourned, the council shall hold a public hearing on the budget as submitted, at which all interested persons shall be given an opportunity to be heard, for or against the estimates or any item thereof. Sec Vote required for adoption. The budget shall be adopted by the favorable votes of at least a majority of all members of the whole council. Page 73 of 96

185 Sec Date of final adoption; failure to adopt. The budget shall be finally adopted not later than the twenty-seventh day of the last month of the fiscal year. Should the council take no final action on or prior to such day, the budget as submitted by the city manager, shall be deemed to have been finally adopted by the council. Sec Effective date of budget; certification; copies made available. Upon final adoption, the budget shall be in effect for the budget year, unless changed or amended in accordance with law. A copy of the budget, as finally adopted, shall be filed with the city clerk and the county clerks of Harris and Chambers Counties. The final budget shall be a public record maintained in the office of the city clerk. (Ord. No. 12,110, 5, ) Sec Budget establishes appropriations. From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several objects and purposes therein named. Sec Budget establishes amount to be raised by property tax. From the effective date of the budget, the amount stated therein as the amount to be raised by property tax shall constitute a determination of the amount of the levy for the purposes of the city, in the corresponding tax year. Sec Budget message; current operations. The budget message submitted by the city manager to the council shall be explanatory of the budget, shall contain an outline of the proposed financial policies of the city for the budget year and shall describe in connection therewith the important features of the budget plan. It shall set forth the reasons for salient changes from the previous year in expenditure and revenue items and shall explain any major changes in financial policy. Sec Budget message; supporting schedules. Attached to the budget message shall be such supporting schedules, exhibits and other explanatory material in respect to both current operations and capital outlays as the city manager shall believe useful to the council. Sec Budget. The budget shall provide a complete financial plan for the fiscal year and shall contain the contents as required by law. (Ord. No. 12,110, 6, ) Secs. 53, Reserved. Page 74 of 96

186 Editor's note Section 7 of Ord. No. 12,110, adopted Nov. 19, 2012, repealed 53 and 54, which pertained to anticipated revenues compared with other years; and proposed expenditures; comparison with other years; and derived from the Charter adopted Jan. 24, Sec Contingent appropriation. Provision shall be made in the annual budget for the appropriation of an amount not more than three per centum of the total general fund expenditure, to be used in the case of unforeseen items of expenditures. Such contingent appropriations shall be under the control of the city manager and distributed by him after approval by the city council, and a detailed account of such expenditures shall be recorded and reported. (Ord. No. 12,110, 8, ) ARTICLE VI. - BORROWING FOR CAPITAL IMPROVEMENTS Sec Definitions. As used in this charter, "capital project" or "project" means: (a) any physical public betterment or improvement and any preliminary studies and surveys relative thereto; (b) the acquisition of property of a permanent nature; (c) the purchase of equipment for any public betterment or improvement when first erected or acquired. Sec Power to incur indebtedness by issuing bonds, notes, certificates of obligation, and commercial paper. The city may incur indebtedness by issuing its negotiable bonds, revenue bonds, notes, certificates of obligation and other commercial paper in accordance with state law to finance any capital project which it may lawfully construct or acquire, or for any legitimate public purpose. (Ord. No. 12,110, 9, ) Editor's note Section 9 of Ord. No. 12,110, adopted Nov. 19, 2012, changed the title of 57 from "Power to incur indebtedness by issuing bonds and notes" to "Power to incur indebtedness by issuing bonds, notes, certificates of obligation, and commercial paper." Sec Bond ordinance; vote required. The city shall authorize the issuance of bonds by a "Bond Ordinance" passed by the affirmative votes of the majority of all members of its council. Revenue bonds may be issued by the council under the authority of Vernon's Ann. Civ. St. arts , as amended, and all other applicable provisions of law. The issuance of tax bonds must be approved by a majority of the qualified voters who are property taxpayers voting at an election called for that purpose. Secs Reserved. Page 75 of 96

187 Editor's note Section 10 of Ord. No. 12,110, adopted Nov. 19, 2012, repealed 59 through 63, which pertained to form and content of bond ordinance; title of bond ordinance; citation; form and content when two or more projects are combined; referendum on bond ordinance; public sale; and derived from the Charter adopted Jan. 24, ARTICLE VII. - FINANCE ADMINISTRATION Sec Director of finance; appointment. There shall be a department of finance, the head of which shall be the city manager or be appointed by him. Sec Director of finance; qualifications. The director of finance shall have knowledge of municipal accounting and taxation and shall have had experience in budgeting and financial control. Sec Director of finance; surety bond. The director of finance shall provide a bond with such surety and in such amount as the council may require except that such bond shall be in an amount of not less than $10, Sec Director of finance; powers and duties. The director of finance shall have charge of the administration of the financial affairs of the city and to that end he shall have authority and shall be required to: (1) Compile the estimates of revenues and expenditures for the budget as directed by the city manager. (2) Supervise and be responsible for the disbursement of all moneys and have control over all expenditures to ensure that budget appropriations are not exceeded. (3) Maintain a general accounting system for the city government and each of its offices, departments and agencies; keep books for and exercise financial budgetary control over each office, department and agency; keep separate accounts for the items of appropriation contained in the city budget, each of which accounts shall show the amount of the appropriation, the amounts paid therefrom, the unpaid obligations against it and the unencumbered balance, require reports of receipts and disbursements from each receiving and spending agency of the city government to be made daily or at such intervals as he may deem expedient; (4) Submit to the council through the city manager a monthly statement of all receipts and disbursements in sufficient detail to show the exact financial condition of the city; (5) Prepare, as of the end of each fiscal year, a complete financial statement and report; (6) Reserved; (7) Collect all taxes, special assessments, license fees and other revenues of the city or for whose collection the city is responsible and receive all money receivable by the city from the state or federal government, or from any court, or from any office, department or agency of the city; Page 76 of 96

188 (8) Serve as ex officio city treasurer and shall have custody of all public funds belonging to or under the control of the city, or any office, department or agency of the city government, and deposit all funds coming into his hands in such depositories as may be designated by resolution of the council, or, if no such resolution be adopted, by the city manager, subject to the requirements of law as to surety and the payment of interest on deposits, but all such interest shall be the property of the city and shall be accounted for and credited to the proper account; (9) Have custody of all investments and invested funds of the city government, or in possession of such government in a fiduciary capacity, and have the safe-keeping of all bonds and notes of the city and the receipt and delivery of city bonds and notes for transfer, registration or exchange. (10) Supervise and be responsible for the purchase, storage and distribution of all supplies, materials, equipment and other articles used by any office, department or agency of the city government; (11) Approve all proposed expenditures; unless he shall certify that there is an unencumbered balance of appropriation and available funds, no appropriation shall be encumbered and no expenditure shall be made. (Ord. No. 12,110, 11, ) Sec Transfer of appropriations. At the request of the city manager, the council may by resolution transfer any unencumbered appropriation balance or portion thereof from one office, department or agency to another. (Ord. No. 12,110, 12, ) Sec Accounting supervision and control. The director of finance shall have power and shall be required to: (1) Prescribe the forms of receipts, vouchers, bills or claims to be used by all the offices, departments and agencies of the city government; (2) Examine and approve all contracts, orders and other documents by which the city government incurs financial obligations, having previously ascertained that moneys have been appropriated and allotted and will be available when the obligations shall become due and payable; (3) Audit and approve before payment all bills, invoices, payrolls and other evidences of claims, demands or charges against the city government and with the advice of the city attorney determine the regularity, legality and correctness of such claims, demands or charges; (4) Inspect and audit any accounts or records of financial transactions which may be maintained in any office, department or agency of the city government apart from or subsidiary to the accounts kept in his office. Sec Appropriation lapse at end of year. Page 77 of 96

189 All appropriations shall lapse at the end of the budget year to the extent that they shall not have been expended or lawfully encumbered. Sec Fees shall be paid to city government. All fees for city services received by any officer or employee shall belong to the city government and shall be paid to the department of finance at such times as required by the director of finance. Sec Division of purchases. There shall be established in the department of finance, a division of purchases. The division of purchases, pursuant to rules and regulations established by ordinance, shall contract for purchase, store and distribute all supplies, materials and equipment required by any office, department or agency of the city government. The division of purchases shall also have power and shall be required to: (1) Establish and enforce specifications with respect to supplies, materials, and equipment required by the city government; (2) Inspect or supervise the inspection of all deliveries of supplies, materials, and equipment, and determine their quality, quantity and conformance with specifications; (3) Have charge of such general storerooms and warehouses as the council may provide by ordinance; (4) Transfer to or between offices, departments or agencies, or with the approval of the council sell surplus, obsolete, or unused supplies, material and equipment. Sec Sale of city property; procedure. Before the city makes any sale or contract for the sale of any property belonging to the city, either in the form of land, real estate or other properties, having an estimated value of $1, or less, opportunity shall be given for open competition under such rules and regulations as the city council may prescribe. In the sale of property valued at more than $1,000.00, the property shall be advertised for sale and bids in the local newspaper, the contract of sale shall be awarded to the highest responsible bidder after such public notice and competition as may be prescribed, provided the city council shall have the power to reject all bids and advertise again. These same procedures shall be used whenever the city acts as transfer agent. Sec Purchase procedure. Before the city makes any purchase or contract for supplies, materials, equipment, or contractual services, opportunity shall be given for competition. The director of finance shall have authority to make expenditures without the approval of the city council for all budgeted items not exceeding $1, Any expenditure involving more than $1, must be expressly approved in advance by the city council. All contracts or purchases involving more than $1, shall be let to the lowest and best bid by a responsible bidder after there has been an opportunity for competitive bidding. Where an expenditure of more than $2, is involved, notice of the time and place, when and where such contract shall be let shall be published in a Page 78 of 96

190 newspaper in the city of Baytown once a week for two consecutive weeks prior to the time for making such purchase or letting such contract, the time of the first publication to be at least fourteen (14) days prior to the time for making such purchase or letting such contract; provided, however, that the city council shall have the right to reject any and all bids; and provided further that nothing herein shall apply to contracts for professional services nor to work done by the city and paid for by the day as such work progresses. Editor's note Pursuant to V.T.C.A., Local Government Code , the city council has by Resolution Number 1193 adopted the limits for competitive bidding as follows: "Section 1: That Chapter 252 of the Local Government Code, as amended by Senate Bill 226, is hereby adopted as the competitive bidding procedure of the City of Baytown for expenditures for insurance of more than $5,000 and for all other expenditures of more than $10,000, and thereby such chapter supersedes Article VII, Section 74 of the Charter of the City of Baytown." Sec Contracts for city improvement. Any city improvement costing more than $2, shall be executed by contract except where such improvement is authorized by the council to be executed directly by a city department in conformity with detailed plans, specifications and estimates. All such contracts for more than $2, shall be awarded to the lowest responsible bidder after such public notice and competition as may be prescribed, provided the city council shall have the power to reject all bids and advertise again. Except in case of emergency, alterations in any contract not to exceed 50% of the total contract may be made when authorized by the council upon written recommendation of the city manager; provided that such alteration is acceptable to the other party of the contract. Editor's note Pursuant to V.T.C.A., Local Government Code , the city council has by Resolution Number 1193 adopted the limits for competitive bidding as follows: "Section 1: That Chapter 252 of the Local Government Code, as amended by Senate Bill 226, is hereby adopted as the competitive bidding procedure of the City of Baytown for expenditures for insurance of more than $5,000 and for all other expenditures of more than $10,000, and thereby such chapter supersedes Article VII, Section 74 of the Charter of the City of Baytown." State Law reference Change orders to the original contract price may not be increased by more than 25 percent or decreased by more than 25 percent without the consent of the contractor to such decrease, V.T.C.A., Local Government Code Sec Accounting control of purchases. All purchases made and contracts executed by the division of purchases shall be pursuant to a written requisition from the head of the office, department or agency whose appropriation will be charged, and no contract or order shall be issued to any vendor unless and until the director of finance certifies that there is to the credit of such office, department or agency a sufficient unencumbered appropriation balance to pay for the supplies, materials, equipment or contractual services for which the contract or order is to be issued. Page 79 of 96

191 Sec Disbursement of funds. All checks, vouchers or warrants for the withdrawal of money from the city depository shall be signed by the city treasurer, or his deputy, and countersigned by the city manager. In the absence of the city manager, checks may be countersigned by the city clerk. Sec Anticipation notes. In any budget year, the council may by ordinance authorize the borrowing of money by the issuance of anticipation notes, each of which shall be designated "tax anticipation note for the year 20 " (stating the budget year). (Ord. No. 12,110, 13, ) Editor's note Section 13 of Ord. No. 12,110, adopted Nov. 19, 2012, changed the title of 78 from "Borrowing in anticipation of property taxes" to "Anticipation notes." State Law reference Tax anticipation notes, Vernon's Ann. Civ. St. art. 717w. Secs. 79, Reserved. Editor's note Section 14 of Ord. No. 12,110, adopted Nov. 19, 2012, repealed 79 and 80, which pertained to borrowing in anticipation of other revenues; and sales of notes, report of sale; and derived from the Charter adopted Jan. 24, ARTICLE VIII. - TAX ADMINISTRATION FOOTNOTE(S): --- (2) --- Editor's note Most of this article is obsolete as superseded by the assessment and collection of ad valorem tax procedures in V.T.C.A., Tax Code 1.01 et seq. Sec Division of taxation. There shall be established in the department of finance a division of taxation, the head of which shall be the city assessor and collector of taxes. The assessor-collector shall give a surety bond for the faithful performance of his duties including compliance with all controlling provisions of the state law bearing upon the functions of his office in a sum which shall be fixed by the city council. Sec Tax rate limitation. The ad valorem tax rate for maintenance and operations of the city shall not exceed a total tax of six-tenths (0.6) of one percent. Any levy of taxes to pay principal or interest on any tax bonds or Page 80 of 96

192 other tax-supported debt of the City shall not be subject to the limitation prescribed in this section. (Referendum of ; Ord. No. 12,110, 15, ) Editor's note Section 15 of Ord. No. 12,110, adopted Nov. 19, 2012, changed the title of 82 from "Property subject to tax; method of assessment" to "Tax rate limitation." Secs Reserved. Editor's note Section 16 of Ord. No. 12,110, adopted Nov. 19, 2012, repealed 83 through 86, which pertained to board of equalization; appointment; qualification; board of equalization; public hearings; notice to owner; board of equalization; powers and duties; board of equalization; records; approval of rolls; and derived from the Charter adopted Jan. 24, Sec Taxes; when due and payable. All taxes due the city of Baytown shall be payable at the office of the city assessor-collector and may be paid at any time after the tax rolls for the year have been completed and approved, which shall be not later than October 1. Taxes shall be paid before February 1, and all such taxes not paid prior to such date shall be deemed delinquent and shall be subject to such penalty and interest as the city council may provide by ordinance. The city council may by ordinance provide that all taxes, either current or delinquent, due the city of Baytown may be paid in installments. Sec Seizure and sale of personal property. The assessor-collector of taxes shall, by virtue of his tax rolls, have power and authority to seize and levy upon all personal property and sell the same to satisfy all taxes, together with all penalty, interest and costs due on said personal property by said delinquent to the city. When he seizes personal property for such purposes he shall keep the same at the expense of the owner until the sale is made, and shall give notice of the time and place of sale of same by posting a written notice at the city hall door and one at another public place within the city of Baytown at least ten days before the date of sale. He shall sell the same to the highest bidder for cash for all taxes, interest, cost and expense of caring for said property, and shall make an entry in the book of sales of the amount realized. All such sales shall be made at the front door of the city hall. A sale of personal property for delinquent taxes shall convey with it an absolute title, and the owner shall have no right to redeem the same. Sec Tax liens. The tax levied by the city is hereby declared to be a lien, charge, or encumbrance upon the property upon which the tax it due, which lien, charge, or encumbrance the city is entitled to enforce and foreclose in any court having jurisdiction over the same, and the lien, charge and encumbrance on the property in favor of the city, for the amount of the taxes due on such property is such as to give the state courts jurisdiction to enforce and foreclose said lien on the property on which the tax is due, not only as against any resident of this state or person whose residence is unknown, but also as against nonresidents. All taxes upon real estate shall especially Page 81 of 96

193 be a lien and a charge upon the property upon which the taxes are due, which lien may be foreclosed in any court having jurisdiction. ARTICLE IX. - NOMINATIONS AND ELECTIONS Sec Municipal elections. The regular election for the choice of members of the council as provided in Article II, Section 12, shall be held each year on the first Tuesday in April. The council may by resolution order a special election, fix the time for holding same, and provide all means for holding such special elections. (Res. No. 2159, 2, ) Editor's note The first Tuesday in November is the election date pursuant to V.T.C.A., Election Code Sec Regulation of elections. The council shall make all regulations which it considers needful or desirable, not inconsistent with this charter or the laws of the state of Texas, for the conduct of municipal elections, for the prevention of fraud in such elections and for the recount of ballots in case of doubt or fraud. Municipal elections shall be conducted by the appointed election authorities, who shall also have power to make such regulations not inconsistent with this charter, with any regulations made by the council or the laws of the state of Texas. Sec How to get name on ballot. Any qualified elector of the city who is otherwise qualified may have his name printed upon the official ballot for the particular office at any election by filing his sworn application with the mayor at least thirty days prior to the election day. Sec Council ballots. The full names of all candidates for mayor or the council as hereinbefore provided, except such as may have withdrawn, died or become ineligible, shall be printed on the official ballots without party designations. If two candidates with the same surnames, or with names so similar as to be likely to cause confusion are nominated, the addresses of their places of residence shall be placed with their names on the ballot. The order of the names on the ballot shall be determined by lot. Sec Election of councilmen by majority. At the regular municipal election the candidates for the office of councilman, to the number to be elected, and for the office of mayor, who shall have received the majority of votes cast in such elections shall be declared elected. Should any candidate fail to receive a majority of votes at the regular election for the office for which he is a candidate, the commission shall immediately order a special election to be held not less than ten nor more than twenty days after the result of the regular election has been declared, at which special election the names only of the two candidates receiving the highest number of Page 82 of 96

194 votes at the regular election, for the office for which they were candidates, shall be printed on the ballot and submitted to the qualified voters for election, and the candidate receiving the majority of votes at such special election, for the place of office for which he was a candidate, shall be declared duly elected. Sec Laws governing city elections. All city elections shall be governed, except as otherwise provided by the charter, by the laws of the state of Texas governing general and municipal elections, so far as same may be applicable thereto; and in event there should be any failure of the general laws or this charter to provide for some feature of the city elections, then the city council shall have the power to provide for such deficiency, and no informalities in conducting a city election shall invalidate the same, if it be conducted fairly and in substantial compliance with the general laws, where applicable, and the charter and ordinances of the city. Sec Canvassing elections. Returns of the elections, general and special, shall be made by the election officers to the city council on the second Wednesday next following said election at which time the council shall canvass and declare the results of such election. Editor's note The city council canvasses election results in accordance with V.T.C.A., Election Code ARTICLE X. - INITIATIVE, REFERENDUM AND RECALL Sec Power of initiative. (a) In general. The electors shall have power to propose any ordinance, except an ordinance appropriating money, authorizing the issuance of bonds or other indebtedness, authorizing the levy of taxes, granting a franchise, fixing public utility rates, amending zoning regulations, or zoning specific property, and to adopt or reject the same at the polls, such power being known as the initiative. A subject, which the city council has previously addressed may be the subject of an initiative ordinance; provided that the initiative ordinance makes or enacts a new law and does not merely repeal or have the effect of repealing an existing law. (b) Requirements. Any initiative ordinance may be submitted to the council by a petition signed by at least 1,000 qualified electors of the city. (c) Determination of power invoked. The power of initiative is separate and distinct from the power of referendum granted pursuant to section 98. The city council in the first instance shall determine which power is being invoked, which decision shall be subject to judicial review under the substantial evidence rule. (Ord. No. 10,335, 6, ; Ord. No. 12,110, 17, ) Page 83 of 96

195 Sec Power of referendum. (a) In general. The electors shall have power to approve or reject at the polls any ordinance, except an ordinance appropriating money, authorizing the issuance of bonds or other indebtedness, authorizing the levy of taxes, granting a franchise, fixing public utility rates, amending zoning regulations, or zoning specific property, passed by the council, or submitted by the council to a vote of the electors, such power being known as the referendum. Ordinances submitted to the council by initiative petition and passed by the council without change shall be subject to the referendum in the same manner as other ordinances. (b) Requirements. Within 365 days after the enactment by the council of any ordinance which is subject to a referendum, a petition signed by at least 1,000 qualified electors of the city may be filed with the city clerk requesting that any such ordinance be either repealed or submitted to a vote of the electors. (c) Determination of power invoked. The power of referendum is separate and distinct from the power of initiative granted pursuant to section 97. The city council in the first instance shall determine which power is being invoked, which decision shall be subject to judicial review under the substantial evidence rule. (Ord. No. 10,335, 7, ; Ord. No. 12,110, 18, ) Sec Form of petitions; committee of petitioners. Initiative petition papers shall contain the full text of the proposed ordinance. The signatures to initiative or referendum petitions need not all be appended to one paper; but to each separate petition there shall be attached a statement of the circulator thereof as provided by this section. Each signer of any petition paper shall sign his name in ink or indelible pencil and there shall be included such other information as required by state law. There shall appear on each petition the names and addresses of five electors, who, as a committee of the petitioners, shall be regarded as responsible for the circulation and filing of the petition. Attached to each separate petition paper there shall be an affidavit of the circulator thereof that he, and he only, personally circulated and witnessed the signatures on the foregoing paper, that it bears a stated number of signatures, that all signatures appended thereto were made in his presence, and that he believes them to be the genuine signatures of the persons whose names they purport to be. (Ord. No. 12,110, 19, ) Sec Filing, examination and certification of petitions. All petition papers comprising an initiative or referendum petition shall be assembled and filed with the city clerk as one instrument. Within twenty days after a petition is filed, the city clerk shall determine whether each paper of the petition has a proper statement of the circulator and whether the petition is signed by a sufficient number of qualified electors. The city clerk shall declare any petition paper entirely invalid which does not have attached thereto an affidavit signed by the circulator thereof. If a petition paper is found to be signed by more persons than the number of signatures certified by the circulator, the last signatures in excess of the number certified shall be disregarded. If a petition paper is found to be signed by fewer persons than the Page 84 of 96

196 number certified, the signatures shall be accepted unless void on other grounds. After completing his examination of the petition, the city clerk shall certify the result thereof to the council at its next regular meeting. If he shall certify that the petition is insufficient he shall set forth in his certificate the particulars in which it is defective and shall at once notify the committee of the petitioners of his findings. Sec Amendments of petitions. An initiative or referendum petition may be amended at any time within ten days after the notification of insufficiency has been sent by the city clerk, by filing a supplementary petition upon additional papers signed and filed as provided in case of an original petition. The city clerk shall, within five days after such an amendment is filed, make examination of the amended petition and, if the petition be still insufficient, he shall file his certificate to that effect in his office and notify the committee of the petitioners of his findings and no further action shall be had on such insufficient petition. The finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose. Sec Effect of certification of referendum petition. When a referendum petition, or amended petition as defined in section 101 of this charter, has been certified as sufficient by the city clerk, the ordinance specified in the petition shall not go into effect, or further action thereunder shall be suspended if it shall have gone into effect, until and unless approved by the electors, as hereinafter provided. Sec Consideration by council. When council receives a certified initiative or referendum petition from the city clerk, it shall proceed at once to consider such petition. A proposed initiative ordinance shall be read and provision shall be made for a public hearing upon the proposed ordinance. The council shall take final action on the ordinance not later than sixty days after the date on which such ordinance was submitted to the council by the city clerk. A referred ordinance shall be reconsidered by the council and its final vote upon such reconsideration shall be upon the question, "Shall the ordinance specified in the referendum petition be repealed?" Sec Submission of electors. If the council shall fail to pass an ordinance proposed by initiative petition, or shall pass it in a form different from that set forth in the petition therefor, or if the council fails to repeal a referred ordinance, the proposed or referred ordinance shall be submitted to the electors at the next regular municipal election after the date the council takes its final vote thereon; provided, however, that the election is precleared if necessary in accordance with law. (Ord. No. 12,110, 20, ) Sec Form of ballot for initiated and referred ordinances. Ordinances submitted to vote of the electors in accordance with the initiative and referendum provisions of this charter shall be submitted by ballot title, which shall be prepared in all cases by the city attorney. The ballot title may be different from the legal title of any such initiated or Page 85 of 96

197 referred ordinance and shall be a clear, concise statement, without argument or prejudice, descriptive of the substance of such ordinance; if a paper ballot shall have below the ballot title the following propositions, one above the other, in the order indicated: "FOR THE ORDINANCE" and "AGAINST THE ORDINANCE." Any number of ordinances may be voted on at the same election and may be submitted on the same ballot, but any paper ballot used for voting thereon shall be for that purpose only. If voting machines are used, the ballot title of any ordinance shall have below it the same two propositions, one above the other or one preceding the other in the order indicated, and the elector shall be given an opportunity to vote for either of the two propositions and thereby to vote for or against the ordinance. Sec Results of election. If a majority of the electors voting on a proposed initiative ordinance shall vote in favor thereof, it shall thereupon be an ordinance of the city. A referred ordinance which is not approved by a majority of the electors voting thereon shall thereupon be deemed repealed. If conflicting ordinances are approved by the electors at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. Sec Repealing ordinances; publication. Initiative and referendum ordinances adopted or approved by the electors shall be published, and may be amended or repealed by the council, as in the case of other ordinances. Sec Recall; general. The mayor or any member of the city council may be removed from office by recall. Sec Recall procedure. Any elector of the City of Baytown may make and file with the city clerk an affidavit containing the name or names of the officer or officers whose removal is sought and a statement of the grounds for removal. The clerk shall thereupon deliver to the elector making such affidavit copies of petition blanks demanding such removal. The city clerk shall keep a sufficient number of such printed petition blanks on hand for distribution. Such blanks when issued by the city clerk shall bear the signature of that officer and be addressed to the city council, and shall be numbered, dated, and indicate the name of the person to whom issued. The petition blanks when issued shall also indicate the number of such blanks issued and the name of the officer whose removal is sought. The city clerk shall enter in a record to be kept in his office the name of the elector to whom the petition blanks were issued and the number issued to said person. Sec Recall petitions. The recall petition to be effective must be returned and filed with the city clerk within thirty days after the filing of the affidavit required in Section 109. A recall petition concerning a council member must be signed by qualified electors entitled to vote for a successor to the member subject to the recall, equal in number to the votes cast at the last general municipal election at which at least two candidates ran for the place occupied by the member sought to be removed. A recall petition concerning a mayor must be signed by qualified electors of the city equal in number to at least fifty-one percent (51%) of the votes cast at the last general municipal election at which at least two candidates ran for mayor, provided, however, that the petition shall contain Page 86 of 96

198 the signatures of at least seven hundred (700) qualified electors of the city. A recall petition shall conform to the provisions of Section 99 herein and shall have attached to it at the time of the execution of the petition by each elector the recall affidavit filed with the city clerk outlining the reasons why the person is being subject to a recall. No petition papers shall be accepted as part of a petition unless it bears the signature of the city clerk as required in Section 109 herein. (Ord. No. 10,335, 8, ; Ord. No. 12,110, 21, ) Sec Recall election. The city clerk shall at once examine the recall petition and if he finds it sufficient and in compliance with the provisions of this article of the charter, he shall within five (5) days submit it to the city council with his certificate to that effect and notify the officer sought to be recalled of such action. If the officer whose removal is sought does not resign within five (5) days after such notice, the city council at the next regular meeting shall thereupon order and fix a date for holding a recall election. Any such election shall be held at the next regular municipal election after the petition has been presented to the city council provided, however, that the election is precleared if required in accordance with law. (Ord. No. 12,110, 22, ) Sec Ballots in recall election. Ballots used at recall elections shall conform to the following requirements: (1) With respect to each person whose removal is sought the question shall be submitted "Shall (name of person) be removed from the office of (name of office) by recall?" (2) Immediately below each such question there shall be printed the two following propositions, one above the other, in the order indicated: "For the recall of (name of person)" "Against the recall of (name of person)" Sec Results of recall election. If a majority of the votes cast at a recall election shall be against the recall of the officer named on the ballot, he shall continue in office for the remainder of his unexpired term, subject to recall as before. If a majority of the votes cast at such an election be for the recall of the officer named on the ballot, he shall, regardless of any technical defects in the recall petition, be deemed removed from office and the vacancy shall be filled by the city council as in other vacancies. Sec Limitation on recalls. No recall petition shall be filed against the mayor or a councilman within six months after he takes office nor in respect to an officer subjected to a recall election and not removed thereby, until at least six months after such election. Sec District judge may order election. Page 87 of 96

199 Should the city council fail or refuse to order any of the elections as provided for in this article, when all the requirements for such election have been complied with by the petitioning electors in conformity with this article of the charter, then it shall be the duty of any one of the District Judges of Harris County, Texas, upon proper application being made therefor, to order such elections and to enforce the carrying into effect of the provisions of this article of the charter. ARTICLE XI. - FRANCHISES AND PUBLIC UTILITIES Sec Powers of the city. In addition to the city's power to buy, own, construct, maintain, and operate utilities and to manufacture and distribute electricity, gas, or anything else that may be needed or used by the public (see powers made part of this charter in Article I, Section 3), the city shall have further powers as may now or hereafter be granted under the constitution and laws of the State of Texas. Sec Franchises; power of council. The city council shall have power by ordinance to grant, amend, renew and extend all franchises of all public utilities of every character operating within the city of Baytown, and for such purposes is granted full power. All ordinances granting, amending, renewing, or extending franchises for public utilities shall be read at three separate regular meetings of the city council, and shall not be finally passed until thirty days after the first reading; and no such ordinance shall take effect until sixty days after its final passage; and pending such time, the full text of such ordinance shall be published once each week for four consecutive weeks in the official newspaper published in the city of Baytown, and the expense of such publication shall be borne by the proponent of the franchise. No public utility franchise shall be transferable except with the approval of the council expressed by ordinance. Sec Franchise value not to be allowed. In fixing reasonable rates and charges for utility service within the city and in determining the just compensation to be paid by the city for public utility property which the city may acquire by condemnation or otherwise, nothing shall be included as the value of any franchise granted by the city under this charter. Sec Right of regulation. All grants, renewals, extensions, or amendments of public utility franchises, whether it be so provided in the ordinance or not, shall be subject to the right of the city: (1) To repeal the same by ordinance at any time for failure to begin construction or operation within the time prescribed or otherwise to comply with the terms of the franchise, such power to be exercised only after due notice and hearing. (2) To acquire an adequate extension of plant and service, and the maintenance of the plant and fixtures at the highest reasonable standard of efficiency. (3) To establish reasonable standards of service and quality of products and prevent unjust discrimination in service or rates. (4) (a) To prescribe the form of accounts kept by each such utility; provided, that if the utility shall keep its accounts in accordance with the uniform system of accounts for said utility Page 88 of 96

200 prescribed by the National Association of Railroad and Public Utility Commissioners, the Federal Power Commission, the Federal Communications Commission, the Railroad Commission of Texas, their successor, or successors, this shall be deemed sufficient compliance with this paragraph. (b) At any time to examine and audit the accounts and other records of any such utility and to require annual and other reports, including reports on local operations by each such public utility. (5) To impose such reasonable regulations and restrictions as may be deemed desirable or conducive to the safety, welfare and accommodation to the public. (6) To at any time require such compensation and rental as may be permitted by the laws of the state of Texas. Sec Consent of property owners. The consent of abutting and adjacent property owners shall not be required for the construction, extension, maintenance or operation of any public utility; but, nothing in this charter or in any franchise granted thereunder shall ever be construed to deprive any such property owner of any right of action for damage or injury to his property as now or hereafter provided by law. Sec Extensions. All extensions of public utilities within the city limits shall become a part of the aggregate property of the public utility, shall be operated as such, and shall be subject to all the obligations and reserved rights contained in this charter and in any original grant hereafter made. The right to use and maintain any extension shall terminate with the original grant and shall be terminable as provided in Section 119. In case of an extension of a public utility operated under a franchise hereafter granted, such right shall be terminable at the same time and under the same conditions as the original grant. Sec Other conditions. All franchises heretofore granted are recognized as contracts between the city of Baytown and the grantee, and the contractual right as contained in any such franchises shall not be impaired by the provisions of this charter, except that the power of the city of Baytown to exercise the right of eminent domain in the acquisition of any utility property is in all things reserved, and except the general power of the city heretofore existing and herein provided for to regulate the rates and services of a grantee which shall include the right to require proper and adequate extension of plant and service and the maintenance of the plant and fixtures at the highest reasonable standard of efficiency. Every public utility franchise hereafter granted shall be held subject to all the terms and conditions contained in the various sections of this article whether or not such terms are specifically mentioned in the franchise. Nothing in this charter shall operate to limit in any way, as specifically stated, the discretion of the council or the electors of the city in imposing terms and conditions as may be reasonable in connection with any franchise grant. Sec Franchise records. Within six months after this charter takes effect every public utility and every owner of a public utility franchise shall file with the city, as may be prescribed by ordinance, certified copies of all Page 89 of 96

201 franchises owned or claimed, or under which such utility is operated in the city of Baytown. The city shall compile and maintain a public record of public utility franchises. Sec Accounts of municipally owned utilities. Accounts shall be kept for each public utility owned or operated by the city, in such manner as to show the true and complete financial results of such city ownership and operation, including all assets, appropriately subdivided into different classes, all liabilities subdivided by classes, depreciation reserve, other reserves, and surplus; also revenues, operating expenses including depreciation, interest payments, rental, and other disposition of annual income. The accounts shall show the actual capital cost to the city of each public utility owned, also the cost of all extensions, additions and improvements, and the source of the funds expended for such capital purposes. They shall show as nearly as possible the cost of any service furnished to or rendered by any such utility to any other city or governmental department. The council shall semiannually cause to be made by a certified public accountant and shall publish a report showing the financial results of such city ownership and operation, giving the information specified in this section or such data as the council shall deem expedient. Sec Regulation of rates and service. The city council shall have full power, after due notice and hearing, to regulate by ordinance the rates and service of every public utility operating in the city of Baytown. ARTICLE XII. - GENERAL PROVISIONS Sec Publicity of records. All records and accounts of every office, department or agency of the city shall be open to inspection by any citizen, any representative of a citizen's organization or any representative of the press at all reasonable times and under reasonable regulations established by the city manager. State Law reference Public records, V.T.C.A., Government Code et seq. Sec Personal interest. No member of the council or any officer or employee having a direct or indirect interest in any proposed or existing contract, work, sale or service to or by the city shall vote or render a decision or use his position, authority or influence in a manner that would result in his financial betterment to any degree, except as allowed by law. Further, any elected officer shall publicly disclose any such interest upon assumption of office or prior to consideration of any such matters in compliance with law. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee of the city found guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge express[ed] or implied of the person or corporation contracting with the city shall render the contract voidable by the city manager or the council. Page 90 of 96

202 (Ord. No. 12,110, 23, ) State Law reference Conflicts of interest, V.T.C.A., Government Code et seq. Sec Oath of office. Every officer of the city shall, before entering upon the duties of his office, take and subscribe to the following oath of affirmation, to be filed and kept in the office of the city clerk: "I,, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of, of the city of Baytown, state of Texas, and will to the best of my ability preserve, protect, and defend the constitution and laws of the United States and of this state and the charter and ordinances of this city; and I furthermore solemnly swear (or affirm), that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward for the giving or withholding a vote at the election at which I was elected, or if the office is one of appointment, to secure my appointment. So help me God." State Law reference Oath, Texas Const., art. 16, 1 Sec Public library. The city council shall have the authority to establish and maintain a free public library within the city and to cooperate with any person, firm, association or corporation under such terms as the city council may prescribe for the establishment of such free public library. For budget purposes, the library shall be considered as a department of the city and the appropriations therefor shall comply with all the budgetary requirements as outlined in this charter and as may be prescribed from time to time by the city council. Annual appropriations for the library will not be continuing, but will revert to the general fund in the same manner as the underspent appropriations of the other departments. Sec Hospital; operation. The city shall have the authority to acquire, establish and own, either by purchase, donation, bequest or otherwise all property that may be useful or necessary for the purpose of establishing and maintaining a municipal hospital. Such hospital shall be operated by a hospital board, subject only to such direction and supervision as shall be contained in any ordinance or ordinances duly enacted by the governing body of said city. Sec Hospital; finances. All funds belonging to said hospital, whether classed as funds received in the course of operation, or otherwise, shall be kept in a separate hospital fund, and shall be used only for the operation and maintenance of said hospital and for no other purpose, except that such funds may be used by the city for general operating purposes with the express consent of the hospital board. The hospital board shall submit a quarterly operating statement to the council, and a semi-annual audit to coincide with the fiscal year of the city of Baytown. Page 91 of 96

203 Sec Zoning ordinances. For the purpose of promoting the health, safety, morals or general welfare of the city, the council may by ordinance regulate the location, height, bulk and size of buildings and other structures, the size of yards, courts and other open spaces, the density of population and the uses of buildings, structures and land for trade, industry, business, residence or other purposes. Such ordinances may provide that the zoning board of appeals may, in appropriate cases and subject to appropriate principles, standards, rules, conditions and safeguards set forth in the ordinance, make special exceptions to the terms of the zoning regulations in harmony with their general purpose and intent. Such ordinances may provide that the zoning board of appeals may authorize variances from the strict application of the regulations in such situations and subject to such limitations as may be set forth in ordinance. All of the powers granted by Title 28, Chapter 4, Articles 1011a to 1011j, both inclusive, of 1925 Revised Civil Statutes of Texas [V.T.C.A., Local Government Code ], together with existing amendments and all amendments as hereinafter may be made relating to zoning in cities, are hereby adopted and made a part of this charter. Sec Housing authority. The council may create a housing authority of such number, terms and compensation of members as the council may determine and may delegate to the housing authority such powers relating to the planning, construction, reconstruction, alteration, repair, maintenance or operation of housing projects and housing accommodations as the council may determine. Sec Provisions relating to assignment, execution and garnishment. The property, real and personal, belonging to the city shall not be liable to be sold or appropriated under any writ of execution or cost bill. The funds belonging to the city, in the hands of any person, firm or corporation, shall not be liable to garnishment, attachment, or sequestration; nor shall the city be liable to garnishment on account of any debt it may owe or funds or property it may have on hand or owing to any person. Neither the city nor any of its officers or agents shall be required to answer any such writ of garnishment on any account whatever. The city shall not be obligated to recognize any assignment of wages or funds by its employees, agents, or contractors. Sec City not required to give security or execute bond. It shall not be necessary in any action, suit or proceeding in which the city of Baytown is a party, for any bond, undertaking or security to be demanded or executed by or on behalf of said city in any of the state courts, but in all such actions, suits, appeals or proceedings same shall be conducted in the same manner as if such bond, undertaking or security had been given as required by law, and said city shall be just as liable as if security of bond had been duly executed. Sec Effect of this charter on existing law. All ordinances, resolutions, rules and regulations now in force under the city government of Pelly and not in conflict with the provisions of this charter, shall remain in force under this charter until altered, amended or repealed by the council after this charter takes effect; and all Page 92 of 96

204 rights of the city of Pelly under existing franchises and contracts are preserved in full force and effect to the city of Baytown. Sec Interim municipal government. From and after the date of the adoption of this charter and until the completion of the first city election under this charter and the qualification of the mayor and councilmen therein elected, the present qualified and acting mayor and the five councilmen shall constitute the city council of the city of Baytown. Such city council shall possess all of the powers provided by this Charter and particularly by Article II hereof. Sec Amending the charter. (a) Amendments by charter commission. Amendments to this charter may be framed and submitted to the electors of the city by a charter commission in the manner provided by law for framing and submitting a new charter. (b) Amendments by council or by petition. Amendments may also be proposed and submitted by ordinance, passed by a majority vote of the full membership of the council, or by a petition satisfying all applicable requirements established by law. When a charter amendment petition shall have been filed with the council in conformity with the provisions of this charter as to petitions for initiated ordinances, the council shall forthwith provide by ordinance for submitting such proposed amendment to a vote of the electors. (c) Calling the election. The ordinance ordering the election shall provide for the election to be held on a date prescribed by law, which allows sufficient time to comply with all requirements of law. Notice of the election shall be published in a newspaper of general circulation published in the city. (d) Election. Any charter amendment to be submitted to a vote of the electors shall be posted on the city's internet website if the city maintains a website. If a proposed amendment be approved by a majority of the electors voting thereon, it shall become a part of the charter at the time fixed therein. Each amendment shall be confined to one subject; and when more than one amendment shall be submitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment separately. (e) Charter review committee. Each member of the city council shall appoint one citizen, who is not a member of the city council, to a charter review committee at least 18 months prior to the date by which the city council is required to call its regular municipal election for the office of the mayor. (1) Duties of the committee: It shall be the duty of such charter review committee to: a. Inquire into the operations of the city government under the charter provisions and determine whether any such provisions should be revised; b. Propose any recommendations it may deem desirable to ensure compliance with the provisions of this charter by the several departments of the city government; c. Propose, if it deems desirable, amendments to this charter to improve the effective application of said charter to current conditions; and d. Report its findings and present its proposed amendments, if any, to the city council. Page 93 of 96

205 (2) Action by the city council: The city council shall receive any report presented by the charter review committee, shall post any such report on the city's internet website if the city maintains a website, shall consider any recommendations made, and if any amendments or amendment be presented as a part of such report, may order such amendment or amendments to be submitted to the voters of the city in the manner provided by the applicable statute of the State of Texas. (3) Term of office: Members of the charter review committee shall serve from their date of appointment until the first date after such appointment by which the city council is required to call its regular municipal election for the office of the mayor. If during such term no report is presented to the city council, then all records of the proceedings of such committee shall be filed with city clerk and shall become a public record. (Ord. No. 12,110, 24, ) Sec Separability clause. If any section or part of section of this charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this charter nor the context in which such section or part of section so held invalid may appear, except to the extent that an entire section or part of section may be inseparably connected in meaning and effect with the section or part of section to which such holding shall directly apply. Sec Construction of Charter. (a) Words in the present or past tense include the future tense. (b) The masculine gender includes the feminine and neuter genders. (c) A grammatical error does not invalidate a provision in the charter. If the sentence or clause is meaningless because of the grammatical error, words and clauses may be transposed to give the charter meaning. (Ord. No. 10,335, 9, ) Page 94 of 96

206 CHARTER COMPARATIVE TABLE - ORDINANCES/REFERENDUM This table shows the location of the sections of the basic Charter and any amendments thereto. Election Date Section Section this Charter Ordinance Number Election/ Adoption Date Section Section this Charter 10, / , 7 97, Added (Res.) (note) 25(note) 90(note) 12, / Page 95 of 96

207 Rpld 53, Rpld Rpld 67(6) Rpld 79, Rpld , , Page 96 of 96

208 BAYTOWN CITY COUNCIL MEETING 6. a. Meeting Date: 05/28/2015 Subject: Amendment No. 8 to the Interlocal Agreement for Circulator Bus Service. Prepared for: Ignacio Ramirez, Legal Prepared by: Karen Horner, Legal Department: Legal Information ITEM Consider an ordinance authorizing Amendment No. 8 to the Interlocal Agreement with Harris County for Circulator Bus Service in the City of Baytown. PREFACE This proposed ordinance authorizes Amendment No. 8 to the Interlocal Agreement with Harris County for Circulator Bus Service in the City of Baytown. On July 8, 2008, the City and Harris County entered into an agreement regarding the provision of fixed route bus service in the City of Baytown for one year. This amendment extends the term of the agreement through July 8, 2016, and requires the City to pay $208, to the County on or before July 15, All of the other terms and conditions of the interlocal agreement as last amended remain the same. RECOMMENDATION Staff recommends approval. Fiscal Impact Fiscal Year: 2015 Acct Code: Source of Funds (Operating/Capital/Bonds): General Fund Funds Budgeted Y/N: Y Amount Needed: $208, Fiscal Impact (Additional Information): Ordinance - Amendment No. 8 Exhibit A - Amendment No. 8 Attachments

209 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AMENDMENT NO. 8 TO THE INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR CIRCULATOR BUS SERVICE IN THE CITY OF BAYTOWN; AUTHORIZING PAYMENT TO HARRIS COUNTY IN AN AMOUNT NOT TO EXCEED TWO HUNDRED EIGHT THOUSAND NINE HUNDRED FIFTY- ONE AND NO/100 DOLLARS ($208,951.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************************************************* BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the City Manager to execute Amendment No. 8 to the Interlocal Agreement with Harris County for Circulator Bus Service in the City of Baytown. A copy of said amendment is attached hereto as Exhibit A, and incorporated herein for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes payment to Harris County in an amount not to exceed TWO HUNDRED EIGHT THOUSAND NINE HUNDRED FIFTY- ONE AND NO/100 DOLLARS ($208,951.00) for circulator bus service in accordance with the amendment 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 28 th day of May, 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\2015\May 28\Amendment8Interlocal4BusCirculatorProgram.doc

210 Exhibit "A"

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218 BAYTOWN CITY COUNCIL MEETING 6. b. Meeting Date: 05/28/2015 Subject: Consider Authorizing the Annual Cement Stabilized Sand Contract. Prepared for: Louise Richman, Finance Prepared by: Linda Malak, Finance Department: Finance Information ITEM Consider an ordinance awarding the Annual Cement Stabilized Sand Contract to Megasand Enterprises Inc. PREFACE This proposed ordinance awards the Annual Cement Stabilized Sand Contract to Megasand Enterprises, Inc., in the amount of $163,575. Invitations to bid were sent to two (2) suppliers and two (2) responses were received. Cement stabilized sand is used by the Public Works and Parks and Recreation Departments for various projects throughout the City. The overall contract pricing on a per ton basis was increased by 22.5% making the price $6.75 per ton. The previous contract was with Megasand, however, they were unwilling to accept the allowable CPIU of 1.3%. Therefore, it was necessary to rebid the contract. RECOMMENDATION Staff recommends approval. Fiscal Impact Fiscal Year: Acct Code: Varies Source of Funds (Operating/Capital/Bonds): Varies Funds Budgeted Y/N: Y Amount Needed: $163,575 Fiscal Impact (Additional Information):

219 Org / Acct numbers vary among different projects. Attachments Indebtedness Certificate Ordinance - Award Annual Cement Stabilized Sand Contract

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221 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF MEGASAND ENTERPRISES, INC., FOR THE ANNUAL CEMENT STABILIZED SAND CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED SIXTY-THREE THOUSAND FIVE HUNDRED SEVENTY-FIVE AND NO/100 DOLLARS ($163,575.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. **************************************************************************************** WHEREAS, the City Council of the City of Baytown did authorize the Purchasing Department for the City of Baytown to advertise for bids for the Annual Cement Stabilized Sand Contract to be received April 30, 2015; and WHEREAS, notice to bidders as to the time and place, when and where the contract would be let was published pursuant to the provisions of Chapter 252 of the Texas Local Government Code; and WHEREAS, all bids were opened and publicly read at the Municipal Service Center at 2:00 p.m., Thursday, April 30, 2015, 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 Megasand Enterprises, Inc., for the Annual Cement Stabilized Sand Contract for the sum of ONE HUNDRED SIXTY- THREE THOUSAND FIVE HUNDRED SEVENTY-FIVE AND NO/100 DOLLARS ($163,575.00) and authorizes payment thereof. Section 2: That pursuant to the provisions of Texas Local Government Code Annotated , the City Manager is hereby granted general authority to approve any change order involving a decrease or an increase in costs of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) or less, subject to the provision that the original contract price may not be increased by more than twenty-five percent (25%) or decreased by more than twenty-five percent (25%) without the consent of the contractor to such decrease. Section 3: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 28 th day of May, 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\2015\May 28\AwardAnnualCementStabilizedSandContract.doc

222 BAYTOWN CITY COUNCIL MEETING 6. c. Meeting Date: 05/28/2015 Subject: Purchase of Playground Equipment for Bowie School Park Special Needs Playground Prepared for: Scott Johnson, Parks and Recreation Prepared by: Scott Johnson, Parks and Recreation Department: Parks and Recreation Information ITEM Consider an ordinance authorizing the purchase of playground equipment for Bowie School Park Special Needs Playground project from Lone Star Recreation, Inc., representing Landscape Structures, Inc., through the Texas Local Government Purchasing Cooperative (Buy Board). PREFACE Consider an ordinance authorizing the purchase of playground equipment for Bowie School Park Special Needs Playground project from Lone Star Recreation, Inc., representing Landscape Structures, Inc., through the Texas Local Government Purchasing Cooperative (Buy Board) in the amount of $53, Funding for the playground equipment comes from the Goose Creek Consolidated Independent School District and the Municipal Development District. The Parks and Recreation Department will design, purchase, construct and maintain the City's first special needs playground. Bowie Park is available to children attending James Bowie Elementary during school hours and the general public during non-school hours. Construction is planned for July and should be completed before school starts in August. RECOMMENDATION Staff recommends approval. Fiscal Impact Fiscal Year: 2015 Acct Code: PRMD Source of Funds (Operating/Capital/Bonds): MDD Funds Budgeted Y/N: Y

223 Amount Needed: 49, Fiscal Impact (Additional Information): Fiscal Year: 2015 Acct Code: Source of Funds (Operating/Capital/Bonds): Capital Funds Budgeted Y/N: Y Amount Needed: $4, Fiscal Impact (Additional Information): Playground Equipment Quote Ordinance - Playground Equipment Attachments

224 ALL PURCHASE ORDERS, CONTRACTS, AND CHECKS TO BE MADE OUT TO: Lone Star Recreation, Inc Grant Road., Suite 217 Houston, Tx Date of Proposal: 5/18/15 CONTACT: PHONE: SHIP TO: BILL TO: Dustin Shubert Market Street Baytown, Tx CALL 24 HOURS IN ADVANCE TO SCHEDULE DELIVERY City of Baytown/Purchasing Department 2123 Market Street Baytown, Tx INSTALLATION SITE NAME AND ADDRESS: LSR Payment Terms: Net 30 days from date shipped, with approved City P.O. and Buy Board P.O. Estimated shipping time: 2-3 Proposal expires:6/18/15 Proposal Prepared For: City of Baytown (Parks and Recreation Department) We are please to submit this proposal for the following items: QTY ITEM NO. DESCRIPTION UNIT PRICE EXT AMT B Sway Fun w/12' Ramp Assembly Alum Post DB $ 20, A Rollerslide 40"Dk DB $ 5, A Cozy Dome DB $ 3, A Optigear Panel $ 2, A Sensory Play Center Wall DB $ 1, $ 3, A Sensory Play Center Wall End DB $ $ 1, B Conical Climber 40"Dk DB $ 2, A 5" Arch Swing Frame $ 2, A Bongo/Xylofun Panel $ 2, A Triangular Tenderdeck $ $ 1, A Molded Bucket Seat w/harness ProGuard Chains for 8' $ $ 1, A Critter Canyon DB $ 1, A Deck Link w/barriers Steel infill panel 1 Step $ 1, E 116"Alum Post DB $ $ G 100"Alum Post DB $ $ F 108"Alum Post DB $ H 92"Alum Post DB $ A Transfer Step DB $ A Alphamaze and Labyrinth Panel $ A Stationary Cycler Accessible $ A Handloop Assembly $ $ A Grab Bar $ A Kick Plate 8"Rise $ (Installation is not included) Parks & Recreation & Field Lighting & Installation #423-13