CITY COUNCIL REGULAR MEETING THURSDAY, JUNE 27, :30 P.M. TUCKER HALL, LEE COLLEGE 200 LEE DRIVE BAYTOWN, TEXAS AGENDA

Transcription

1 CITY OF BAYTOWN NOTICE OF MEETING CITY COUNCIL REGULAR MEETING THURSDAY, JUNE 27, :30 P.M. TUCKER HALL, LEE COLLEGE 200 LEE DRIVE BAYTOWN, TEXAS AGENDA CALL TO ORDER AND ANNOUNCEMENT OF QUORUM PLEDGE AND INVOCATION Council Member Scott Sheley, District No. Two 1. MINUTES a. Consider approving the minutes of the City Council Regular Meeting held on June 13, RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Mr. John Havenar requests to address Council regarding compliance with ordinances and regulations regarding due process. b. Present new members to the Baytown Youth Advisory Commission. c. Present the Life Saving Award to Chief Keith Dougherty and Officer Kevin Davis of the Baytown Police Department. d. Recognize City of Baytown employees for their Years of Service (5, 10, 15 plus years). 3. REPORTS a. Receive a report from the Economic Development Alliance regarding Year Four of the Economic Development Services Agreement for Tourism and Promotional Services.

2 4. CONSENT All Consent Agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. a. Consider an ordinance authorizing an Economic Development Agreement for Tourism and Promotion Services with Economic Alliance Houston Port Region to enhance and promote tourism and the convention and hotel industry in the Baytown and its vicinity through the San Jacinto Texas Historic District. b. Consider an ordinance amending Chapter 42 "Health and Sanitation," Article V "Live Outdoor Exhibitions," Section "Permit required" of the Code of Ordinances, Baytown, Texas, to clarify that the regulations are for events to which the public is invited and to provide an exception for certain promotional events. c. Consider an ordinance authorizing the renewal of the Annual Liquid Chlorine Contract to Brenntag Southwest, Inc., formally know as Altivia Corporation. d. Consider an ordinance authorizing a cooperative purchasing agreement with the City of Dickinson. e. Consider an ordinance authorizing an addendum to the Interlocal Agreement with the City of Humble for the Short-Term Employee Staging Center. f. Consider a resolution authorizing the City to submit a grant application to the U.S. Department of Justice, Bureau of Justice Assistance, for the Edward Byrne Memorial Justice Assistance Grant ("JAG") Program, FY2013 Local Solicitation on behalf of the Baytown Police Department. 5. APPOINTMENTS a. Conduct the election of the Baytown City Council Mayor Pro Tem. 6. 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 City of Baytown Jenkins Disc Golf Course is now open to the public. b. Present the 3rd and 4th of July Celebration schedule and entertainment for ADJOURN

3

4 BAYTOWN CITY COUNCIL MEETING 1. a. Meeting Date: 06/27/2013 Subject: Consider Approving the Minutes of the City Council Regular Meeting for June 13, 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 June 13, PREFACE Consider approving the minutes of the City Council Regular Meeting held on June 13, 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. Draft Meeting Minutes - June 13, 2013 Attachments

5 D R A F T MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN June 13, 2013 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, June 13, 2013, at 6:30 P.M. in the Tucker Hall, 200 Lee Drive, Baytown, Texas with the following in attendance: Brandon Capetillo Robert Hoskins David McCartney Mercedes Renteria Terry Sain Scott Sheley Stephen H. DonCarlos Robert D. Leiper Ron Bottoms Kevin Troller Ignacio Ramirez Jason Cozza Mike Holden Council Member Council Member Council Member Council Member Council Member Council Member Mayor City Manager Deputy City Manager Assistant City Manager City Attorney Deputy City Clerk Sergeant at Arms Mayor DonCarlos convened the June 13, 2013, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Renteria. 1. MINUTES a. Consider approving the minutes of the City Council Regular Meeting held on May 23, A motion was made by Mayor Pro Tem Terry Sain and seconded by Council Member Brandon Capetillo approving the May 23, 2013, City Council Regular Meeting minutes. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tem Terry Sain, Council Member Scott Sheley Nays: None

6 Other: Council Member Mercedes Renteria III (Abstain) Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS City Council Regular Meeting Minutes June 13, 2013 Page 2 of 15 a. Ms. Sandra Howell requested to address Council regarding the garage sale permit and fee. Mayor DonCarlos stated that item 2.a. was withdrawn. b. Present recognition to the 2013 scholarship recipients of the Baytown Professional Firefighter's Benevolence Fund Inc. Mark Medrano, President of the Baytown Professional Firefighter's Benevolence Fund Inc. Scholarship Committee, presented recognition to Autumn Casto of Sterling High, Brittany Cortez of Memorial High, and Jessica Razo of Lee High for being awarded a $1,000 Scholarship from the Committee. c. Recognize individuals and city staff that participated in a lifesaving event at Pirates Bay Water Park. Mike Flinn presented the agenda item and recognized Joshua Barajas, Ricardo Flores, EMS personnel, Communications personnel, and Ms. Lisa Savage for participating in a lifesaving event at Pirates Bay Water Park. 3. PROPOSED ORDINANCES a. Consider an ordinance authorizing Amendment No. 1 to the Industrial District Agreement with Exxon Mobil Corporation to provide advance funding for new police officers. City Manager Leiper presented the agenda item and stated that Ordinance No. 12,263 authorizes Amendment No. 1 to the Industrial District Agreement with Exxon Mobil Corporation to provide advance funding for new police officers. He stated that the City and ExxonMobil entered into an IDA for tax years 2009 through 2015 and ExxonMobil has indicated that it has plans for a possible petrochemical expansion project in the City's industrial district. He stated that the City expressed concerns that over the next three- to four-year period, the intense construction activity regarding the anticipated expansion would place a burden on City's emergency services, particularly the Police Department. City Manager Leiper stated that the parties agreed to enter into an amendment which assists the City in funding six additional full-time officers for the upcoming budget and six additional officers for the following budget. He stated that under the Amendment, the parties agree that in addition to its IDA payment, ExxonMobil would make the following payments to the City: $300,000 in December 2013 and $500,000 in December 2014, and in December He stated that the City would repay ExxonMobil 80% of what they paid the City by method of credit towards the IDA bill.

7 City Council Regular Meeting Minutes June 13, 2013 Page 3 of 15 A motion was made by Council Member Mercedes Renteria III and seconded by Council Member David McCartney Ordinance No. 12,263.The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, Council Member Scott Sheley Nays: None Approved ORDINANCE NO. 12,263 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE FIRST AMENDMENT TO THE INDUSTRIAL DISTRICT AGREEMENT WITH EXXON MOBIL CORPORATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing Amendment No. 6 to the Interlocal Agreement with Harris County for Circulator Bus Service in the City of Baytown. City Manager Leiper presented the agenda item and stated that Ordinance No. 12,264 authorizes Amendment No. 6 to the Interlocal Agreement which extends the term of the agreement through July 08, 2014, with Harris County for Circulator Bus Service in the City of Baytown. A motion was made by Council Member Scott Sheley and seconded by Council Member David McCartney approving Ordinance No. 12,264. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, Council Member Scott Sheley Nays: None Approved ORDINANCE NO. 12,264 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AMENDMENT NO. 6 TO THE INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR CIRCULATOR BUS SERVICE IN THE CITY OF BAYTOWN; AUTHORIZING PAYMENT TO HARRIS

8 City Council Regular Meeting Minutes June 13, 2013 Page 4 of 15 COUNTY IN AN AMOUNT NOT TO EXCEED TWO HUNDRED TEN THOUSAND FOUR HUNDRED THIRTYSIX AND NO/100 DOLLARS ($210,436.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider authorizing the First Amendment to the Economic Development Agreement under Chapter 380 of the Texas Local Gov t Code with Chambers Town Center, Ltd, to incorporate a sign plan, to update certain dates and to provide an additional economic incentive for an additional retail project at the south east corner of 146 N and I-10. City Manager Leiper presented the agenda item and stated that on August 09, 2012, City Council approved an Economic Development Agreement under Chapter 380 for a large commercial development at I-10 and Highway 146 in Chambers County, anchored by a new Wal-Mart Super Center. He stated that Ordinance No. 12,265 authorizes the First Amendment to the Economic Development Agreement under Chapter 380 of the Texas Local Gov t Code with Chambers Town Center, Ltd, to incorporate a sign plan, to update certain dates, to provide for the City's reimbursement for certain utility improvements and to provide an additional economic incentive for an additional retail project at the northeast corner of Highway 146 North and I-10. City Manager Leiper stated that the amendment includes the following: The sign agreement will provide an overall sign installation plan that will allow certain individual sign structures to exceed our area limitations. All sign structures will meet our height requirements. The net effect of a sign master plan for the development, when compared to signs allowed under our ordinances, results in 38% fewer signs, a reduction of 2,100 square feet of total sign area and 523 feet of reduced sign heights. Since the project did not start as quickly as projected the effective and benchmark dates are adjusted. The Developer has asked the City to be available to make upgrades to our Hunters Creek Lift Station to accommodate the development. The City may expend up to $150,000 for these improvements and will be reimbursed from the developer's portion of the sales tax sharing agreement. We have an additional development to secure an eight-screen or larger theater. To facilitate this additional development the City agrees to increase the total, eligible sales tax reimbursement from $2,575,000 to $3,575,000 over the term of the agreement, less the cost of the utility improvements above. The City's portion of the sales tax revenue will increase from the first $300,000 to the first $325,000 collected each year with the balance rebated to the developer until cap is reached or the agreement expires in ten years. The expiration of the agreement was previously in seven years. A motion was made by Mayor Pro Tem Terry Sain and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,265. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council

9 Nays: None Approved City Council Regular Meeting Minutes June 13, 2013 Page 5 of 15 Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, Council Member Scott Sheley ORDINANCE NO. 12,265 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE FIRST AMENDMENT TO THE CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT WITH CHAMBERS TOWN CENTER, LTD; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE MILLION AND NO/100 DOLLARS ($1,000,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. REPORTS a. Present report recapping the 83rd Texas Legislative Session. Assistant to the City Manager Nick Woolery presented a recap of the 83rd Texas Legislative Session and stated that the session ended on May 27th immediately followed by a Special Session to discuss some issues. He stated that June 16 th was the deadline for the Governor to sign or veto any bill. Mr. Woolery stated that the City s goal is to track and get rid of bills being presented that may have a negative impact on the city. He stated that the three bills (3) that passed were Senate Bill 656, House Bill 5, House Bill 1642 and the following bills that didn't pass were HB 889, HB 335, Revenue and Appraisal Caps, HB 1148, HB 351, and SB 14. Mr. Woolery stated in regards to the state budget, that $98.2 billion was appropriated with $98.7 billion in fiscal year 2014 and $98.7 billion in 2015 being a 3.7% increase over the current biennium. Additionally, he stated that some of the grant funding was restored and there was a decrease of $5.6 million to local library aide but there was an increase of $9.6 million to library resource sharing. b. Present a report regarding 2013 Recycling Data and Information Regarding Apartment and Business Recycling. City Manager Leiper presented the agenda item and stated that the City currently doesn't manage commercial waste in Baytown. He stated that Mr. Woolery would present statistical data regarding commercial recycling and an outline of a proposed business and apartment program. He stated that the program is not a city program, but a city encouraged and facilitated program. City Manager Leiper stated apartments and businesses will use information provided by the City and work directly with Waste Management to sign-up for desired services. Additionally, he

10 City Council Regular Meeting Minutes June 13, 2013 Page 6 of 15 stated that the apartments and businesses will still able to seek better rates and choose the company of their choice to provide recycling services. Mr. Woolery presented a report following a six-month pilot project between the City and Waste Management. He stated that residents city-wide began using 96-gallon recycling carts in October of 2012, and overall, the City's solid waste diversion rate (the percentage of waste we recycle instead of send to the landfill) increased 57.6% since distributing the 96-gallon carts. Mr. Woolery stated that another way to further increase diversion rates in Baytown is to implement a program with apartments and businesses to provide them additional recycling options. During further discussion, there was inquiry regarding the city having better garbage rates. City Manager Leiper stated that staff would continue to monitor the rates and that currently the market for the recycled materials, which is monitored from the green center, is so low that the city loses money on it. c. Present report regarding the Baytown Police Department's efforts to combat criminal activity in our community. Assistant Chief Holden presented the report and stated that since the year 2000 the City has annexed approximately 51,011 acres of land which is 7.97 square miles and is a 24.15% increase in land area. He stated that of the 51,011 acres all but 464 of it were annexed since Assistant Chief Holden stated that since 1990, stats that are required to be reported to the FBI such as robberies, aggravated assaults, burglaries, and thefts have been recorded. He stated that over that twenty-three year period there has been an overall average increase in robberies, aggravated assault, and burglaries, but a decrease in thefts and auto thefts. Assistant Chief Holden stated that staff is constantly working to improve on the reduction of crime by increasing traffic enforcement, increasing citizens involvement, and increasing communication with the apartment complex managers. He stated that to reduce crime, the department is using a public involvement approach by utilizing Channel 16, the Baytown Sun, the community service bureau, Facebook, utility bills, crime stoppers, neighborhood crime watch, apartment crime watch, business crime watch, the citizen's police academy, and the CCPD support. During further discussion, there was an inquiry of there being any improvement in the DA's office regarding the amount of time in which criminals were staying incarcerated for the crime committed. Assistant Chief Holden stated that he has seen a change in which the type of crime in which the DA s office is willing to accept charges on. 5. CONSENT A motion was made by Council Member Scott Sheley and seconded by Council Member David McCartney approving consent agenda items 5.a. through 5.p. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council

11 Nays: None Approved City Council Regular Meeting Minutes June 13, 2013 Page 7 of 15 Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, Council Member Scott Sheley a. Consider an ordinance repealing Chapter 2 ""Administration," Article IV "Boards and Commissions," Division 8 "Housing Finance Corporation" of the Code of Ordinances, Baytown, Texas, based upon the dissolution of the Baytown Housing Finance Corporation. ORDINANCE NO. 12,266 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, REPEALING CHAPTER 2 ADMINISTRATION, ARTICLE IV BOARDS AND COMMISSIONS, DIVISION 8 HOUSING FINANCE CORPORATION OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, IN ITS ENTIRETY; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance amending Chapter 74 "Peddlers and Solicitors," Article II "Itinerant Merchants and Open Air Vendors," Division 2 "License," Section "Required" and Section "Duration" of the Code of Ordinances, Baytown, Texas, concerning the length of time an open air vendor may operate from a specific location before having to relocate within a permanent structure and the number of times a property owner may allow open air vendors to operate from his property during a 12-month period. ORDINANCE NO. 12,267 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 74 PEDDLERS AND SOLICITORS, ARTICLE II ITINERANT MERCHANTS AND OPEN AIR VENDORS, DIVISION 2 LICENSE, SECTION REQUIRED AND SECTION DURATION, SUBSECTION (B) OPEN AIR VENDOR LICENSE OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO CLARIFY THE LENGTH OF TIME AN OPEN AIR VENDOR MAY OPERATE FROM A LOCATION BEFORE LOCATING WITHIN A PERMANENT STRUCTURE AND TO LIMIT THE NUMBER OF TIMES A PROPERTY OWNER MAY ALLOW OPEN AIR VENDORS TO OPERATE FROM HIS PROPERTY DURING A 12-MONTH PERIOD; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.

12 City Council Regular Meeting Minutes June 13, 2013 Page 8 of 15 c. Consider an ordinance authorizing the First Amendment to the Engineering Services Agreement with ARKK Engineers, LLC., for the 2007 Street Bond Program - Year 5. ORDINANCE NO. 12,268 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH ARKK ENGINEERS, L.L.C., FOR THE 2007 STREET BOND PROGRAM - YEAR 5 PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance amending the rule pertaining to delegation of authority specified in Section 1-2 "Definitions and rules of construction" of the Code of Ordinances, Baytown, Texas, to authorize a person other than a subordinate to act or perform a duty. ORDINANCE NO. 12,269 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 1 GENERAL PROVISIONS, SECTION 1-2 DEFINITIONS AND RULES OF CONSTRUCTION, OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO AMEND THE RULE OF CONSTRUCTION FOR DELEGATION OF DUTY TO AUTHORIZE A PERSON OTHER THAN A SUBORDINATE TO ACT OR PERFORM A DUTY; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the closeout, release of retainage, and acceptance of the 2007 Street Bond Program Year 3. ORDINANCE NO. 12,270 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE 2007 STREET BOND PROGRAM -- YEAR 3; AUTHORIZING FINAL PAYMENT OF THE SUM OF ONE HUNDRED FIFTY-FOUR THOUSAND FIVE HUNDRED EIGHTY-SIX AND 35/100 DOLLARS ($154,586.35) TO ANGEL BROTHERS ENTERPRISES, LTD, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

13 City Council Regular Meeting Minutes June 13, 2013 Page 9 of 15 f. Consider an ordinance authorizing the closeout of the CDBG Non-Housing Wastewater Emergency Power: Cedar Bayou Lift Station Expansion Project; and release of retainage to Peltier Brothers Construction, Ltd. ORDINANCE NO. 12,271 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE CDBG NON-HOUSING WASTEWATER EMERGENCY POWER: CEDAR BAYOU LIFT STATION EXPANSION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF NINETY- NINE THOUSAND SEVEN HUNDRED NINETEEN AND 87/100 DOLLARS ($99,719.87) TO PELTIER BROTHERS CONSTRUCTION, LTD, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing the closeout and acceptance of the Rehabilitation of Water Tanks on Bayway Drive and Baker Road Projects and the release of retainage to M.K. Painting, Inc. ORDINANCE NO. 12,272 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE REHABILITATION OF WATER TANKS ON BAYWAY DRIVE AND BAKER ROAD PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF FORTY-TWO THOUSAND NINE HUNDRED SEVENTEEN AND 60/100 DOLLARS ($42,917.60) TO M. K. PAINTING, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing Change Order No. 1 to the construction contract with SKE Construction, LLC, for the Allenbrook Road Waterline Rehabilitation Project. ORDINANCE NO. 12, 273 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 1 WITH SKE CONSTRUCTION, LLC, FOR THE ALLENBROOK ROAD WATERLINE REHABILITATION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN AN AMOUNT NOT TO EXCEED TWO HUNDRED SIX THOUSAND TWO HUNDRED FIFTY AND NO/100 DOLLARS ($206,250.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

14 City Council Regular Meeting Minutes June 13, 2013 Page 10 of 15 i. Consider an ordinance authorizing the purchase of one (1) Gradall XL4100 6x4 for the Public Works Department. ORDINANCE NO. 12,274 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF TWO HUNDRED SIXTY-THREE THOUSAND SEVEN HUNDRED EIGHTY-TWO AND NO/100 DOLLARS ($263,782.00) TO ASSOCIATED SUPPLY COMPANY FOR THE PURCHASE OF ONE (1) GRADALL XL4100 6X4 WITH AN EXTENDED WARRANTY FOR THE PUBLIC WORKS DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance amending Article III Tow Trucks, Chapter 102 Vehicles for Hire of the Code of Ordinances, City of Baytown, Texas, by adding Section Tow fee study to allow for a mechanism by which a towing company may request a tow fee study be performed. ORDINANCE NO. 12,275 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 102 VEHICLES FOR HIRE, ARTICLE III TOW TRUCKS, DIVISION 1 GENERALLY OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW SECTION TO BE NUMBERED AND ENTITLED SECTION TOW FEE STUDY TO ALLOW FOR A MECHANISM BY WHICH A TOWING COMPANY MAY REQUEST A TOW FEE STUDY BE PERFORMED; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. k. Consider an ordinance authorizing the payment for annual software maintenance with Versaterm Inc. ORDINANCE NO. 12,276 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED TWENTY- FOUR THOUSAND SEVEN HUNDRED SIXTEEN AND 10/100 DOLLARS ($124,716.10) TO VERSATERM, INC., FOR ANNUAL SUPPORT AND SOFTWARE MAINTENANCE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

15 City Council Regular Meeting Minutes June 13, 2013 Page 11 of 15 l. Consider a resolution authorizing the City to submit an application to the FY2013 Port Security Grant Program on behalf of the Police Department Bomb Squad. RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE HOUSTON SHIP CHANNEL SECURITY DISTRICT (HSCSD) FOR THE U.S. DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY FY2013 PORT SECURITY GRANT PROGRAM (PSGP) ON BEHALF OF THE BAYTOWN POLICE DEPARTMENT BOMB SQUAD IN THE AMOUNT OF FIFTY-NINE THOUSAND TWO HUNDRED FIFTY AND NO/100 DOLLARS ($59,250.00); AUTHORIZING A CASH MATCH IN AN AMOUNT NOT TO EXCEED NINETEEN THOUSAND SEVEN HUNDRED FIFTY AND NO/100 DOLLARS ($19,750.00); AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. m. Consider a resolution authorizing the City to submit an application to the FY 2013 Houston Urban Area Security Initiative (UASI) on behalf of the Fire Department's HazMat Team. RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE HOUSTON URBAN AREA SECURITY INITIATIVE (UASI) FOR THE FY2013 U.S. DEPARTMENT OF HOMELAND SECURITY GRANT PROGRAM (HSGP) ON BEHALF OF THE BAYTOWN FIRE DEPARTMENT HAZMAT TEAM IN THE AMOUNT OF ONE MILLION SIX THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($1,006,500.00) FOR THE PURCHASE OF A REPLACEMENT HAZMAT RESPONSE VEHICLE AND VARIOUS OTHER EQUIPMENT/INSTRUMENTS TO SUSTAIN THE HAZMAT TEAM S TYPE I STATUS; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. n. Consider a resolution authorizing the City to submit an application to the FY 2013 Houston Urban Area Security Initiative (UASI) on behalf of the Fire Department's Structural Collapse and Technical Rescue Teams. RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,

16 City Council Regular Meeting Minutes June 13, 2013 Page 12 of 15 TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE HOUSTON URBAN AREA SECURITY INITIATIVE (UASI) FOR THE FY2013 U.S. DEPARTMENT OF HOMELAND SECURITY GRANT PROGRAM (HSGP) ON BEHALF OF THE FIRE DEPARTMENT'S STRUCTURAL COLLAPSE AND TECHNICAL RESCUE TEAMS IN THE AMOUNT OF THREE HUNDRED FIFTYFOUR THOUSAND FOUR HUNDRED ONE AND NO/100 DOLLARS ($354,401.00) TO TRAIN AND EQUIP THE REGIONAL TEAMS AND PROMOTE THEM FROM TYPE III TO TYPE II STATUS; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. o. Consider a resolution authorizing the City to submit an application to the FY 2013 Houston Urban Area Security Initiative (UASI) on behalf of the Police Department for the Bomb Squad. RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE HOUSTON URBAN AREA SECURITY INITIATIVE (UASI) FOR THE FY2013 U.S. DEPARTMENT OF HOMELAND SECURITY GRANT PROGRAM (HSGP) ON BEHALF OF THE BAYTOWN POLICE DEPARTMENT BOMB SQUAD IN THE AMOUNT OF SIXTY-FIVE THOUSAND AND NO/100 DOLLARS ($65,000.00) FOR THE PURCHASE OF A DEDICATED PRIME MOVER FOR THE EOD TRAILER, WHICH HOUSES AND TRANSPORTS EQUIPMENT USED TO STRENGTHEN CBRNE DETECTION, RESPONSE AND DECONTAMINATION CAPABILITIES FOR BPD'S BOMB SQUAD; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. p. Consider a resolution amending Section 2 of Resolution No concerning the City's match for the Make it in America Challenge Grant. RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING SECTION 2 OF RESOLUTION NO. 2244, PASSED ON THE 23RD OF MAY, 2013, CONCERNING THE CITY S MATCH FOR THE MAKE IT IN AMERICA CHALLENGE GRANT TO AUTHORIZE A CASH MATCH NOT TO EXEEED FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000.00) PER YEAR FOR FIVE (5) YEARS, SUBJECT TO NON-FUNDING FOR FUTURE YEARS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

17 City Council Regular Meeting Minutes June 13, 2013 Page 13 of APPOINTMENTS a. Consider two (2) appointments to the Baytown Housing Authority Board. City Manager Leiper presented the agenda item to consider the two (2) appointments of Camille Gomes and Ledell Johnson to the Baytown Housing Authority Board. He stated that the two board members terms expired on March 31, 2013, in which, they both requested reappointment and if appointed would serve until March 31, A motion was made by Council Member David McCartney and seconded by Council Member Mercedes Renteria III approving the appointments of Camille Gomes and Ledell Johnson to the Baytown Housing Authority Board. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, Council Member Scott Sheley Nays: None Approved 7. ECONOMIC DEVELOPMENT 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 in or near the City and with which the governmental body is conducting economic development negotiations. At 7:45 P.M., Mayor DonCarlos recessed into and conducted 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 in or near the City and with which the governmental body is conducting economic development negotiations. At 7:55 P.M, Mayor DonCarlos reconvened the Open Meeting of the City Council Regular Meeting and announced that in accordance with Section of the Texas Open Meetings Act, no action was taken in the Executive Session. b. Consider an ordinance authorizing a Chapter 380 Economic Development Agreement with a commercial retail business prospect that the City seeks to have locate in or near the City. City Manager Leiper presented the agenda item and stated that Ordinance No. 12,277 authorizes a Chapter 380 Economic Development Agreement with Buc-ee's. City Manager Leiper stated that Buc-ee's project will be built at no cost to the city, the owner will provide a 15 ft. right-ofway for the improvements made to John Martin Road, and the City would allow the owner to

18 City Council Regular Meeting Minutes June 13, 2013 Page 14 of 15 build a 100 ft. sign along with allowing the City tourist information space. He stated that the sales tax would be shared with 1% to Buc-ee's and 1% to the City for a 15 year period. ORDINANCE NO. 12,277 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT WITH BUC-EE'S LTD., AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN AS AUTHORIZED IN SAID AGREEMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. A motion was made by Mayor Pro Tem Terry Sain and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,277. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, Council Member Scott Sheley Nays: None Approved 8. MANAGER'S REPORT a. Present information regarding the new floodplain maps proposed by FEMA for the City of Baytown. City Manager Leiper presented the agenda item and stated that FEMA developed new flood maps, and staff agreed to host a community visit for Harris and Chambers County at the Baytown Community Center on June 27, He stated that there will be two public sessions on this day; the first will be in the morning (10:00 A.M. to noon) which will focus on information that impacts lenders and insurance agents. He stated the second session will be from 2:00 P.M. to 8:00 P.M. which will open to all members of the public. b. Present an update on the paramedics that are beginning the fire training academy. City Manager Leiper stated that eighteen of the former Health Department Paramedics have started their fire training in Baytown. c. Pirates Bay Water Park and Calypso Cove opened for the Summer on Saturday, June 8, 2013, from 11:00 A.M. to 7:00 P.M.

19 City Council Regular Meeting Minutes June 13, 2013 Page 15 of 15 City Manager Leiper stated that both parks are open for the season. 9. ADJOURN A motion was made by Council Member Brandon Capetillo and seconded by Council Member Robert C. Hoskins adjourning the June 13, 2013, City Council Regular Meeting. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Mayor Pro Tem Terry Sain, Council Member Scott Sheley Nays: None Approved With there being no further business to discuss, Mayor DonCarlos adjourned the June 13, 2013, City Council Regular Meeting at 8:05 P.M. Leticia Brysch, City Clerk City of Baytown

20 BAYTOWN CITY COUNCIL MEETING 2. a. Meeting Date: 06/27/2013 Subject: Citizen Communication: John Havenar. Prepared for: Leticia Brysch, City Clerk's Office Prepared by: Jason Cozza, City Clerk's Office Department: City Clerk's Office Information ITEM Mr. John Havenar requests to address Council regarding compliance with ordinances and regulations regarding due process. PREFACE The City Clerk's office received a request to address Council from Mr. Havenar on June 20, A letter notifying Mr. Havenar of his item's placement on the agenda was sent via ground mail on June 21, Both documents are attached for your review. RECOMMENDATION Request to Address Council Notification of Placement on Agenda Attachments

21

22

23

24 BAYTOWN CITY COUNCIL MEETING 2. b. Meeting Date: 06/27/2013 Subject: Present the New Youth Advisory Commission Members. Prepared for: Bob Leiper, City Management Prepared by: Leticia Brysch, City Clerk's Office Department: City Management Information ITEM Present new members to the Baytown Youth Advisory Commission. PREFACE Present new members to the Baytown Youth Advisory Commission. RECOMMENDATION Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact Fiscal Impact (Additional Information): There is no fiscal impact associated with this item at this time.

25 BAYTOWN CITY COUNCIL MEETING 2. c. Meeting Date: 06/27/2013 Subject: Present the Life Saving Award to Chief Dougherty and Off. Kevin Davis. Prepared for: Bob Leiper, City Management Prepared by: Jason Cozza, City Clerk's Office Department: City Management Information ITEM Present the Life Saving Award to Chief Keith Dougherty and Officer Kevin Davis of the Baytown Police Department. PREFACE This item is to present the Life Saving Award to Chief Keith Dougherty and Officer Kevin Davis of the Baytown Police Department for commendable service on May 21, On May 21, 2013, Chief Keith Dougherty, Officer Kevin Davis and Officer Adrian Soto were the first units to arrive at the scene of a child not breathing call. While Officer Soto moved furniture out of the way, Chief Dougherty and Officer Davis began CPR on the infant, fighting to save the life of the small child before EMS personnel arrived. Chief Dougherty and Officer Davis continued their efforts for several minutes until arrival of EMS who then took over rescue efforts. Due to their selfless efforts the child was able to be transported to the hospital alive, but in serious condition. The actions of Chief Dougherty and Officer Davis, to save the life of an innocent child, brings great credit upon themselves, the Baytown Police Department, and is in the highest traditions of the Law Enforcement Service. This is the second Life Saving Award for Chief Dougherty and the first for Officer Davis. RECOMMENDATION

26 BAYTOWN CITY COUNCIL MEETING 2. d. Meeting Date: 06/27/2013 Subject: Present Years of Service Awards. Prepared for: Carol Flynt, Human Resources Prepared by: Jason Cozza, City Clerk's Office Department: Human Resources Information ITEM Recognize City of Baytown employees for their Years of Service (5, 10, 15 plus years). PREFACE 5 YEARS: Robin Harris, Information Technology Services, System Support Specialist Ivan Martinez, Police, Patrol Officer Robert Ramlal, Police, Patrol Officer Kimberly Armstrong, Communications, Telecommunicator Kenneth Kraemer, Public Works, Heavy Equipment Operator - Streets & Drainage 10 YEARS: Rebecca Ellerd, Police, Administrative Support Specialist, Sr. Stanley Edmondson, Health, Environmental Health Specialist 25 YEARS: Charles Murrell, Fire, Lieutenant RECOMMENDATION Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact (Additional Information): Fiscal Impact

27 There is no fiscal impact associated with this item. Lt. Charles Murrell Attachments

28 CHARLES E. MURRELL Lieutenant Charles Murrell began his career with the department on May 2, His initial assignment was to old Station Five. He attended Lee College and acquired his Basic Emergency Medical Technician certification in In November 1994, Charles was awarded the Baytown Chamber of Commerce s Public Safety Award of Excellence for his service to the community. He has received the Veterans of Foreign Wars Post 912 Firefighter of the Year award. Charles was a member of the Team of the Month in March 2010 and also Team of the Year for Charles is a member of the National Fire Academy Alumni Association, and the International Society of Fire Service Instructors. He sits on the fire advisory boards for Houston Community College and Lee College, and the advisory board for the Public Service Leadership Program at University of Houston-Clear Lake. Charles has served on the Station Design Committee for Stations Three and Five, in which one of his suggestions was adopted by the architect for use in other station plans. He was promoted to Equipment Operator in 2004 and to Lieutenant in October Since obtaining his current rank, Charles has been assigned to the Training and Special Operations Division. In addition to providing training to members of the department, he does the tracking and reporting of all mandated certification requirements to outside agencies. Most recently, he completed and submitted the application (which was approved) for Baytown s first Structural Fire Fighter Academy. Charles serves as the Department Safety Representative for the fire department, as a member of the City s Blood Drive Committee, and has assisted on the City s United Way Team. He holds the following certifications: *Basic Emergency Medical Technician *Master Structural Fire Fighter *Master Fire Instructor, Driver/Operator Pumper *Company Officer I *Incident Safety Officer *Advanced Marine Fire Fighter. In his free time, Charles likes to travel by motorcycle with friends and other firefighters. He is active with Habitat for Humanity and serves as a Trustee with his church, St. Mark s United Methodist. He served as a Scoutmaster for Troop 1444 and Advisor for Baytown s Fire Explorer Post. He is a member of Local 1173, Baytown Professional Fire Fighter Association. Charles is here with his wife, Terri.

29 BAYTOWN CITY COUNCIL MEETING 3. a. Meeting Date: 06/27/2013 Subject: Receive Report from the Economic Development Alliance for Year Four. Prepared for: Bob Leiper, City Management Prepared by: Leticia Brysch, City Clerk's Office Department: City Management Information ITEM Receive a report from the Economic Development Alliance regarding Year Four of the Economic Development Services Agreement for Tourism and Promotional Services. PREFACE Mr. Chad Burke, President/CEO of the Economic Development Alliance will present a report to the Mayor and City Council regarding year four of the Economic Development Services Agreement for Tourism and Promotional Services. RECOMMENDATION Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact Fiscal Impact (Additional Information): There is no fiscal impact associated with this item.

30 BAYTOWN CITY COUNCIL MEETING 4. a. Meeting Date: 06/27/2013 Subject: Economic Development Agreement for Tourism and Promotion Service with Economic Alliance Houston Port Region. Prepared for: Bob Leiper, City Management Prepared by: Leticia Brysch, City Clerk's Office Department: City Management Information ITEM Consider an ordinance authorizing an Economic Development Agreement for Tourism and Promotion Services with Economic Alliance Houston Port Region to enhance and promote tourism and the convention and hotel industry in the Baytown and its vicinity through the San Jacinto Texas Historic District. PREFACE This proposed ordinance authorizes an Economic Development Agreement for Tourism and Promotion Services with Economic Alliance Houston Port Region (the Alliance ) to enhance and promote tourism and the convention and hotel industry in the Baytown and its vicinity through the San Jacinto Texas Historic District. Under the proposed agreement, the Alliance will: promote or advertise the City of Baytown and its surrounding area to attract conventions, visitors and businesses; present Baytown in the marketing materials and programs of the Alliance including its regional website and the San Jacinto Texas Historic District; provide copies of Alliance publications; invite City officials and staff to all events, workshops or forums organized and/or hosted by the Alliance; and reserve one voting membership position on the Board of Directors of the Alliance for a designee of the City of Baytown and another for a designee of the Baytown Chamber of Commerce. For such services, the City will pay up to $10,000 a year for three years from its hotel occupancy tax revenues. Because this proposed agreement is to be funded by hotel occupancy tax revenues, the restrictions placed on such funds by state law are incorporated into the agreement, which restrictions include, in part, record keeping, apportionment limitations, restrictions on use, separate accounts, financial records, and quarterly and annual reports. The Agreement is for three years and either party can terminate with ten days' advance written notice. The term is from July 1, 2013 through June 30, This item supports the City's vision of creating a community of which we can be proud and

31 promoting tourism and the convention and hotel industry through advertising and promotional programs to attract tourists and convention delegates or registrants to the City and its vicinity. RECOMMENDATION Staff recommends approval. Fiscal Impact Fiscal Year: FY13&FY14 Acct Code: Source of Funds (Operating/Capital/Bonds): HOT Funds Budgeted Y/N: Y Amount Needed: $10,000. Fiscal Impact (Additional Information): Attachments Ordinance - Economic Alliance Agreement Exhibit A - Economic Alliance Agreement

32 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN ECONOMIC DEVELOPMENT AGREEMENT FOR TOURISM AND PROMOTION SERVICES WITH ECONOMIC ALLIANCE HOUSTON PORT REGION TO ENHANCE AND PROMOTE TOURISM AND THE CONVENTION AND HOTEL INDUSTRY IN THE CITY OF BAYTOWN AND ITS VICINITY; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TEN THOUSAND AND NO/100 DOLLARS ($10,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************************************************* BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the City Manager to execute and the City Clerk to attest to an Economic Development Agreement with Economic Alliance Houston Port Region to enhance and promote tourism and the convention and hotel industry in the City of Baytown and its vicinity. A copy of said agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes payment to Economic Alliance Houston Port Region in an amount not to exceed TEN THOUSAND AND NO/100 DOLLARS ($10,000.00) for promotional and advertising services in accordance with the Agreement authorized in Section 2 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 27 th day of June, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Ordinances\2010\October 14\EconomicAllianceHoustonPortRegionOrdinance.doc

33 Exhibit "A" ECONOMIC DEVELOPMENT SERVICES AGREEMENT FOR TOURISM AND PROMOTION SERVICES THIS Economic Development Services Agreement for Tourism and Promotion Services ( Agreement ) is made and entered into by and between the Economic Alliance Houston Port Region, a Texas non profit corporation, (hereinafter the Economic Alliance ), and the City of Baytown, a home rule municipal corporation (the City ) for the purposes described herein. WHEREAS, the Economic Alliance is a non profit corporation organized to promote economic development with an emphasis on performance in the southeast portion of Harris County and specifically has undertaken a tourism development project the San Jacinto Texas Historic District; and WHEREAS, the City of Baytown has enacted a hotel occupancy tax for the purposes provided in Chapter 351 of the Texas Tax Code; and WHEREAS, Section (a) of the Texas Tax Code authorizes the City to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry by advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; and WHEREAS, the City desires to participate in cooperative projects with the Economic Alliance through the San Jacinto Texas Historic District in order to enhance and promote tourism and the convention and hotel industry in the City and its vicinity; and WHEREAS, the Economic Alliance is qualified and willing to perform such functions; NOW THEREFORE, in consideration of the covenants and conditions stated herein and in consideration of the mutual benefits that will accrue to each of the Economic Alliance and the City (collectively the Parties ), as well as to the citizens of the City of Baytown, Texas, the Parties have agreed and do hereby agree as follows: The Economic Alliance represents that: ARTICLE I Qualifications of the Economic Alliance a. the Economic Alliance is a non profit entity that is authorized to promote tourism in Harris County and is currently in good standing with the State and Federal government; b. the Economic Alliance is engaged in an on going effort to attract tourists to East Harris County through the development of the San Jacinto Texas Historic District and other projects; and c. the Economic Alliance hereby agrees to participate in joint projects and coordinate its activities with the City in an effort to reduce duplication of services and to enhance cooperation regarding tourism development and specifically Project Stars. Economic Development Services Agreement, Page 1

34 ARTICLE II Scope of Services 2.01 For and in consideration of the payment by the City to the Economic Alliance, the Economic Alliance agrees to use such hotel tax funds for advertising and conducting solicitations and promotional programs to attract tourists to the City in a manner that directly enhances and promotes tourism and the convention and hotel industry. To that end, the Economic Alliance will provide to the City of Baytown the following services: a. Promote or advertise the City of Baytown and its surrounding area to attract conventions, visitors and businesses; b. Present Baytown in the marketing materials and programs of the Economic Alliance, including its regional website and newly created San Jacinto Texas Historic District; c. Provide copies of Economic Alliance publications; d. Invite City officials and staff to all events, workshops or forums organized and/or hosted by the Economic Alliance; e. Reserve one voting membership position on the Board of Directors of the Economic Alliance for a designee of the Baytown Chamber of Commerce; and f. Reserve one voting membership position on the Board of Directors of the Economic Alliance for a designee of the City of Baytown; and g. Perform such other duties as may be agreed upon between the Parties from time to time in writing The Economic Alliance agrees to demonstrate strict compliance with the record keeping and apportionment limitations imposed by Sections (f), and of the Texas Tax Code, as applicable. The Economic Alliance shall not utilize hotel occupancy tax funds for any expenditure which has not been specifically documented to satisfy the purposes set forth in Sections 2.01 hereinabove The Economic Alliance shall prepare and submit to the City Manager of the City an annual budget for approval by the City Council, for such operations of the Economic Alliance funded by hotel occupancy tax revenue. This budget shall specifically identify proposed expenditures of hotel tax funds by the Economic Alliance. Based upon the budget, the City should be able to audit specifically the purpose of each individual expenditure of hotel occupancy tax funds from the separate account relating to hotel tax funds. The City shall not pay to the Economic Alliance any hotel tax revenues unless a budget has been approved in writing by the City Council authorizing the expenditure of funds. The Economic Alliance acknowledges that the approval of such budget by the City Council creates a fiduciary duty in the Economic Alliance with respect to the hotel occupancy tax funds paid by the City to the Economic Alliance under this Agreement. The Economic Alliance shall expend hotel tax occupancy funds only in the manner and for the purposes specified in this Agreement and in the budget as approved in writing by the City Council. Economic Development Services Agreement, Page 2

35 2.04 The Economic Alliance shall maintain any hotel tax funds paid to the Economic Alliance by the City in a separate account and shall not commingle such funds with any other money The Economic Alliance shall maintain complete and accurate financial records of each expenditure of the hotel occupancy tax funds made by the Economic Alliance. These funds shall be classified as restricted funds for audited financial purposes, and may not be used for contracted services, including, but not limited to, auditing fees and attorney fees. Upon reasonable advance written request of the City Manager or his designee, the Economic Alliance shall make such financial records available for inspection and review and shall provide copies of the same if so requested. The Economic Alliance understands and accepts that all such financial records, and any other records relating to this Agreement shall be subject to the Texas Public Information Act, as hereafter amended, and the Local Government Records Act, as amended After initial receipt of the hotel occupancy tax funds, and within thirty (30) days after the end of every contract quarter, the Economic Alliance shall furnish to the City a quarterly report, including: (1) a completed financial report, (2) a list of the expenditures made or copies of the invoice or receipts with regard to hotel occupancy tax funds pursuant to TEX. TAX CODE (c), and (3) A copy of all financial records (e.g. copies of front and back cleared checks or bank statements, and other relevant documentation). The Economic Alliance shall prepare and deliver all reports to the City Clerk in a form and manner approved by the City Manager or his designee. The Economic Alliance shall respond promptly to any request from the City Manager or his designee for additional information relating to the activities performed under this Agreement Thirty (30) days after the end of each year of this Agreement and at such other times as may be requested by the City Manager, the Economic Alliance will furnish to the City a performance report of its work under this Agreement which shall reflect overall activities conducted, expenditures made pursuant to this Agreement, and other information as may be required by the City. ARTICLE III Term 3.01 Subject to Section 3.02 and Article V, this Agreement is for the period beginning July 1, 2013 and ending June 30, It is expressly understood and agreed by both the Economic Alliance and the City that any term of this Agreement beyond the first calendar year Agreement is contingent upon funds being appropriated by the City Council of the City for services to be provided pursuant to this Agreement. Should funds not be appropriated, this Agreement shall become null and void without further notice and both parties shall be relieved of any and all obligations hereunder after the expiration of the period for which funds were appropriated, with the exception of the liabilities and obligations assumed by the Economic Alliance herein. Economic Development Services Agreement, Page 3

36 ARTICLE IV Terms of Payment and Service Reporting 4.01 Subject to Section 4.04 of this Agreement the City agrees to pay the Economic Alliance an amount not to exceed THIRTY THOUSAND AND NO/100 DOLLARS ($30,000.00) over a three year contract period, billed in annual installments of TEN THOUSAND AND NO/100 DOLLARS ($10,000.00). Such payment shall be made from hotel occupancy tax revenues. The parties understand and agree that the City s obligation hereunder shall not be greater than the actual expense incurred by the Economic Alliance in performing the services required hereunder The Economic Alliance shall submit three annual billing statements to the City, each for TEN THOUSAND AND NO/100 DOLLARS ($10,000.00), within thirty (30) days of July 1, 2013, July 1, 2014 and July 1, The City shall process such statements and make payment within thirty (30) days after receiving a proper invoice therefor The parties understand and agree that any funds not used for advertising and conducting promotional programs to attract tourists to the Baytown area in accordance with this Agreement in any given year shall be refunded to the City within fifteen (15) days after the conclusion of each such year. ARTICLE V Termination 5.01 Either party may terminate this Agreement upon ten (10) days written notice for any or no reason Either party may terminate this Agreement upon thirty (30) days written notice upon default by the other party. Default by a party occurs if the party fails to perform or observe any of the terms and conditions of this Agreement required to be performed or observed by that party. Should a default occur, the party against whom the default has occurred has the right to terminate all or part of its duties under this Agreement as of the thirtieth (30 th ) day following the receipt by the defaulting party of a notice describing the default and intended termination, provided: (i) the termination is ineffective if within the thirty (30) day period the defaulting party cures the default or (ii) the termination may be stayed, at the sole option of the party against whom the default has occurred, pending cure of the default Should this Agreement be terminated pursuant to Section 5.01 or 5.02, within ten days from the termination notification, the Economic Alliance shall provide a listing of expenditures that have occurred since the annual period for which funds were last appropriated together with a final accounting of all expenditures and tax funds on the day of termination. Any use of remaining funds by the Economic Alliance after notification of termination and prior to termination is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in Section 1.1, and further conditioned upon such contractual obligations having a term not exceeding the portion of the term of this Agreement for which funds have been appropriated. Economic Development Services Agreement, Page 4

37 ARTICLE VI Miscellaneous 6.01 The relationship of the Economic Alliance to the City shall be that of an independent contractor. The City shall have no authority to direct the day to day activities of any of the Economic Alliance s employees or representatives, shall have no authority over the Economic Alliance s decisions, and shall have no rights to ownership of internal working papers or other information or data of the Economic Alliance, except as otherwise specifically authorized or required herein This Agreement shall be binding upon and inure to the benefit of the City and the Economic Alliance and shall not bestow any rights on any third parties Failure of either party hereto to insist on the strict performance of any of the provisions hereof or failure of performance, shall not be considered a waiver of the right to insist on or enforce by an appropriate remedy strict compliance with any other obligation hereunder, or to exercise any right or remedy occurring as a result of any future failure of performance This Agreement shall be subject to and construed in accordance with the laws of the State of Texas and of the United States of America and is performable in Harris County, Texas All notices required or allowed hereunder shall be given in writing and shall be deemed delivered when actually received or on the third day following its deposit into a United States Postal Service post office or receptacle with prepaid postage affixed thereto, and sent by certified mail, return receipt requested, addressed to the respective party at the address set forth below, or at such other address the receiving party may have theretofore prescribed by written notice to the sending party: If to BAYTOWN: If to the ECONOMIC ALLIANCE: CITY OF BAYTOWN Attn: City Manager 2401 Market Street Baytown, Texas ECONOMIC ALLIANCE HOUSTON PORT REGION Attn: Chad Burke, President/CEO 203 Ivy Avenue, Ste 200 Deer Park, Texas If any of the terms, provisions, covenants, conditions or any other part of this Agreement is held for any reason to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants, conditions or any other part of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated This Agreement contains the entire agreement of the parties, superseding all oral or written previous and contemporaneous agreements between the Parties relating to the matters herein. Any changes or amendments hereto must be in writing and signed by both parties 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 Agreement or any other contract or agreement, charter provision, or applicable state law. Nothing contained Economic Development Services Agreement, Page 5

38 herein shall be construed in any way so as to waive in whole or part the City s sovereign immunity. The Economic Alliance assumes full responsibility for its work performed hereunder and hereby releases, relinquishes, discharges and holds harmless 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 the Economic Alliance s work to be performed hereunder. This release shall apply with respect to the Economic Alliance s work regardless of whether said claims demands, and causes of action are covered in whole or in part by insurance The Economic Alliance shall not assign this Agreement without first obtaining the written consent of the City The headings of this Agreement are for the convenience of reference only and shall not affect in any manner any of the terms and conditions hereof 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 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 Contract 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, 2013, the date of execution by the City Manager of the City of Baytown. ATTEST/SEAL: ECONOMIC ALLIANCE HOUSTON PORT REGION By: Name Printed: Title: Date Signed: By: Name Printed: Title: Date Signed: Economic Development Services Agreement, Page 6

39 ATTEST/SEAL: By: Name Printed: Title: Date Signed: CITY OF BAYTOWN By: Name Printed: Title: Date Signed: Economic Development Services Agreement, Page 7

40 BAYTOWN CITY COUNCIL MEETING 4. b. Meeting Date: 06/27/2013 Subject: Amending Section of the Code of Ordinances to specify exceptions to the Live Outdoor Exhibition Ordinance Prepared for: Mike Lester, Health Prepared by: Karen Horner, Legal Department: Health Information ITEM Consider an ordinance amending Chapter 42 "Health and Sanitation," Article V "Live Outdoor Exhibitions," Section "Permit required" of the Code of Ordinances, Baytown, Texas, to clarify that the regulations are for events to which the public is invited and to provide an exception for certain promotional events. PREFACE This proposed ordinance amends Chapter 42 "Health and Sanitation," Article V "Live Outdoor Exhibitions," Section "Permit required" of the Code of Ordinances, Baytown, Texas, to clarify that the regulations are for events to which the public is invited and to provide an exception for certain promotional events. Specifically, this proposed ordinance clarifies that no live outdoor exhibition permit will be required for a private party -- just events to which the public is invited. This proposed ordinance also provides an exemption for promotional events if they: 1. are for a commercial establishment; 2. are held on the same property that the commercial establishment operates its business and from a structure that has a certificate of occupancy; and 3. are held no more than two days a year. This item supports the City's vision of creating a community of which we can all be proud. RECOMMENDATION Staff recommends approval. Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Fiscal Impact

41 Amount Needed: Fiscal Impact (Additional Information): No Fiscal impact. Attachments Ordinance - Live Outdoor Exhibition Amendment

42 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 42 HEALTH AND SANITATION, ARTICLE V LIVE OUTDOOR EXHIBITIONS, SECTION PERMIT REQUIRED BY AMENDING SUBSECTION (A) GENERALLY RENUMBERING SUBSECTIONS (N) LIMITED EXEMPTION AND (O) VIOLATION AS SUBSECTIONS (O) LIMITED EXEMPTION AND (P) VIOLATION, AND ADDING A NEW SUBSECTION TO BE NUMBERED AND ENTITIELD SUBSECTION (N) EXCEPTION OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO CLARIFY THAT THE REGULATIONS ARE FOR EVENTS TO WHICH THE PUBLIC IS INVITED AND TO PROVIDE AN EXCEPTION FOR CERTAIN PROMOTIONAL EVENTS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. ****************************************************************************** BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That Chapter 42 Health and Sanitation, Article V Live Outdoor Exhibitions, Section Permit required, Subsection (a) of the Code of Ordinances, Baytown, Texas, is hereby amended to read as follows: Sec Permit required. CHAPTER 42. HEALTH AND SANITATION ARTICLE V. LIVE OUTDOOR EXHIBITIONS (a) Generally. It shall be unlawful for any person to set up or operate any live outdoor performance, exhibition, carnival or circus, of man, machine or animal within the city to which the public is invited unless and until such person has first obtained a permit issued by the director of health and paid a permit fee. Section 2: That Chapter 42 Health and Sanitation, Article V Live Outdoor Exhibitions, Section Permit required is hereby amended by renumbering Subsections (n) Limited exemption and (o) Violation as Subsections (o) Limited exemption and (p) Violation. Section 3: That Chapter 42 Health and Sanitation, Article V Live Outdoor Exhibitions, Section Permit required of the Code of Ordinances, Baytown, Texas, is

43 hereby amended to add a new subsection to be numbered and entitled Subsection (n) Exception, which subsection shall read as follows: Sec Permit required. CHAPTER 42. HEALTH AND SANITATION ARTICLE V. LIVE OUTDOOR EXHIBITIONS (n) Exception. It is an exception to the application of this section if the live outdoor exhibition is a promotional event, which is held: (1) by and for a commercial establishment within the city; (2) on the same property from which the commercial establishment conducts business within a structure for which a certificate of occupancy has been issued by the chief building official of the city; and (3) on no more than two calendar days a year. Section 4: 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 5: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or the set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. Section 6: 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 FIVE HUNDRED AND NO/100 DOLLARS ($500.00). 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 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. 2

44 INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 27 th day of June, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Ordinances\2013\June 27\LiveOutdoorExhibitionAmendment.doc 3

45 BAYTOWN CITY COUNCIL MEETING 4. c. Meeting Date: 06/27/2013 Subject: Consider the Renewal of the Annual Liquid Chlorine Contract. Prepared for: Darryl Fourte, Public Works Prepared by: Linda Malak, Finance Department: Public Works Information ITEM Consider an ordinance authorizing the renewal of the Annual Liquid Chlorine Contract to Brenntag Southwest, Inc., formally know as Altivia Corporation. PREFACE This proposed ordinance authorizes the fifth renewal of the Annual Liquid Chlorine Contract to Brenntag Southwest, Inc., formally know as Altivia Corporation, in the amount of $107,944. Altivia Corporation was acquired by Brenntag Southwest, Inc., on December 31, Brenntag Southwest submitted a written request to renew the current contract for the same pricing, terms and conditions with no CPI increase. This contract is used for chlorination in the City of Baytown s Wastewater Treatment Plants. This item supports the City of Baytown vision for quality services and fiscal responsibility. RECOMMENDATION Staff recommends approval. Fiscal Impact Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Operating Funds Budgeted Y/N: Y Amount Needed: $107,944 Fiscal Impact (Additional Information): (Wastewater Treatment/Chemical Supplies) Indebtedness Certification Attachments

46

47 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT WITH BRENNTAG SOUTHWEST, INC., SUCCESSOR IN INTEREST TO ALTIVIA CORPORATION, FOR THE ANNUAL LIQUID CHLORINE CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT OF ONE HUNDRED SEVEN THOUSAND NINE HUNDRED FORTY-FOUR AND NO/100 DOLLARS ($107,944.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. **************************************************************************************** WHEREAS, Altivia Corporation was awarded the Annual Liquid Chlorine Contract on June 12, 2008, pursuant to the provisions of Chapter 252 of the Texas Local Government Code; and WHEREAS, such contract was renewed on June 11, 2009, May 13, 2010, June 9, 2011, and June 14, 2012, and can be renewed again for an additional one-year term; and WHEREAS, Brenntag Southwest, Inc., successor in interest to Altivia Corporation, has indicated its willingness to renew the contract for an additional year under the same terms and conditions; and WHEREAS, the Administration has reviewed the market conditions and recommends renewal as being in the best interest of the City; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown hereby renews the Annual Liquid Chlorine Contract with Brenntag Southwest, Inc., successor in interest to Altivia Corporation, in the amount of ONE HUNDRED SEVEN THOUSAND NINE HUNDRED FORTY-FOUR AND NO/100 DOLLARS ($107,944.00) 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 27 th day of June, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Ordinances\2013\June 27\RenewAnnualLiquidChlorineContract.doc

48 BAYTOWN CITY COUNCIL MEETING 4. d. Meeting Date: 06/27/2013 Subject: Consider Authorizing a Cooperative Purchasing Agreement with the City of Dickinson. Prepared for: Ignacio Ramirez, Legal Prepared by: Karen Horner, Legal Department: Legal Information ITEM Consider an ordinance authorizing a cooperative purchasing agreement with the City of Dickinson. PREFACE This proposed ordinance authorizes a cooperative purchasing agreement with the City of Dickinson ("Dickinson"). Dickinson has contacted the City requesting that the City enter into a cooperative purchasing agreement with it in order for Dickinson to utilize the City's contract with J.T.B. Services, Inc., for the Annual Demolition of Residential Structures Contract. By entering into the agreement, Dickinson will be able to access the services of J.T.B. under the City's agreement and the City, if appropriate, will be able to take advantage of bids that Dickinson receives as well. The City has entered into cooperative purchasing agreements with other governmental entities in the past in order to take advantage of pricing. This proposed agreement is similar to those agreements. There is no cost or liability for the City of Baytown in this agreement. This item supports the City's Economic and Financial Health vision and shows that we value being good neighbors to other Texas cities. RECOMMENDATION Staff recommends approval. Fiscal Year: Acct Code: Source of Funds (Operating/Capital/Bonds): Funds Budgeted Y/N: Amount Needed: Fiscal Impact

49 Fiscal Impact (Additional Information): There is no fiscal impact associated with this item. Attachments Ordinance - Cooperative Purchasing Agreement with Dickinson Exhibit A - Cooperative Purchasing Agreement with Dickinson

50 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A COOPERATIVE PURCHASING AGREEMENT WITH THE CITY OF DICKINSON; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************************************** BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the City Manager to execute and the City Clerk to attest to a cooperative purchasing agreement with the City of Dickinson. A copy of said agreement is attached hereto as Exhibit A, and incorporated herein for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 27 th day of June, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Ordinances\2013\June 27\CityofDickinsonCooperativePurchasingAgreement.doc

51 Exhibit "A"

52

53

54 BAYTOWN CITY COUNCIL MEETING 4. e. Meeting Date: 06/27/2013 Subject: Humble Mutual Aid Addendum for Employee Shelter Prepared for: Bill Vola, Emergency Prepared by: Management Karen Horner, Legal Department: Emergency Management Information ITEM Consider an ordinance authorizing an addendum to the Interlocal Agreement with the City of Humble for the Short-Term Employee Staging Center. PREFACE This proposed ordinance authorizes an addendum to the Interlocal Agreement with the City of Humble for a short-term employee staging location in the event of a catastrophic event to house the City's essential employees. In 2007, the Cities of Baytown and Humble entered into an interlocal agreement to provide emergency employee staging for essential personnel and equipment outside the evacuation area, but within a short driving distance in the event of Baytown's essential employees were forced to evacuate. The agreement is to be activated only in the case of an immanent catastrophic event, such as an extreme hurricane and would be activated no sooner than 18 hours before the projected landfall. The addendum varies the term of the 2007 agreement as follows: Provision Agreement Addendum Places a limit of time for which the City can use the Humble Civic Center for essential employees Requires the City to provide mass feeding and other support as necessary for Baytown Staff when occupying the Civil Center Requires Baytown to provide security for the area it uses No No. It requires Baytown to be as self-sufficient as possible, providing mass feeding and other appropriate support for the health and well-being of its staff. No. It requires Baytown to be as self-sufficient as possible, providing mass feeding and other appropriate support for the health and well-being of its staff. Yes 80 hours It is anticipated that a catastrophic event as contemplated by this agreement would qualify for a presidential declaration and therefore the incurred expenses would be 75% reimbursable by FEMA. This item supports the City's Citizen Safety vision by implementing mitigation strategies in the event of a catastrophic event while protecting essential employees. The agreement Yes. Yes

55 RECOMMENDATION Staff recommends approval. Ordinance - Humble Addendum Exhibit A - Humble Addendum Attachments

56 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN ADDENDUM TO THE INTERLOCAL AGREEMENT WITH THE CITY OF HUMBLE FOR SHORT-TERM SHELTER OF ESSENTIAL EMPLOYEES DURING AN EMERGENCY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************************************************* BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the City Manager to execute an Addendum to the Interlocal Agreement with the City of Humble for short-term shelter of essential employees during an emergency. A copy of said addendum is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 27 th day of June, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Ordinances\2013\June 27\AddendumtoInerlocalWithHumble4Shelter.doc

57 Exhibit "A"

58 BAYTOWN CITY COUNCIL MEETING 4. f. Meeting Date: 06/27/2013 Subject: Consider Authorizing a Grant Application for FY2013 Edward Byrne Memorial JAG Grant for Local Solicitation. Prepared for: Keith Dougherty, Prepared by: Leasa Lopez, Grants Department: Police Information ITEM Consider a resolution authorizing the City to submit a grant application to the U.S. Department of Justice, Bureau of Justice Assistance, for the Edward Byrne Memorial Justice Assistance Grant ("JAG") Program, FY2013 Local Solicitation on behalf of the Baytown Police Department. PREFACE This proposed resolution authorizes the City to submit a grant application to the U.S. Department of Justice, Bureau of Justice Assistance, for the Edward Byrne Memorial Justice Assistance Grant ("JAG") Program, FY2013 Local Solicitation on behalf of the Baytown Police Department. The JAG Program is the primary provider of federal criminal justice funding to state and local jurisdictions. JAG funds support all components of the criminal justice system, from multi-jurisdictional drug and gang task forces, to crime prevention and domestic violence programs, courts and corrections, as well as justice information sharing initiatives. If approved, the City will receive $21,349 for Police Department and Firearms Training Simulator ("FATS") Instructor overtime. The City has been awarded this grant annual since The funding amount of $21,349 is a formula-based allocation from the U.S. Department of Justice and requires no matching funds from the City. Project Budget Breakdown: Overtime (OT) Funds Police Dept. Personnel OT for Fire Arms Training Simulator (2 officers) 100 $50/hr. $10,000 OT for Directed Neighborhood Patrol $50/hr. $11,349 This item supports the City's vision of providing excellent public service. RECOMMENDATION Total: $21,349

59 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 are no matching funds required for this grant. Attachments Resolution - Edward Byrne Memorial Grant

60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO MAKE APPLICATION TO THE U.S. DEPARTMENT OF JUSTICE FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT ("JAG") PROGRAM, FY 2013 LOCAL SOLICITATION IN THE AMOUNT OF TWENTY-ONE THOUSAND THREE HUNDRED FORTY- NINE AND NO/100 DOLLARS ($21,349.00); DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************************************** BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Manager of the City of Baytown is hereby authorized to make application to the U.S. Department of Justice for the Edward Byrne Memorial Justice Assistance Grant ("JAG") Program, FY 2012 Local Solicitation in the amount of TWENTY- ONE THOUSAND THREE HUNDRED FORTY-NINE AND NO/100 DOLLARS ($21,349.00). Section 2: That the City Manager is hereby designated as the authorized representative for all purposes under the grant. Section 3: That the City Manager is hereby authorized to accept or affirm any grant award that may result from this application. Section 4: This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 27 th day of June, ATTEST: STEPHEN H. DONCARLOS, Mayor LETICIA BRYSCH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney R:\Karen\Files\City Council\Resolutions\2013\June 27\EdwardByrneGrant.doc

61 BAYTOWN CITY COUNCIL MEETING 5. a. Meeting Date: 06/27/2013 Subject: Election of the Mayor Pro Tem - City Council. Prepared for: Leticia Brysch, City Clerk's Office Prepared by: Jason Cozza, City Clerk's Office Department: City Clerk's Office Information ITEM Conduct the election of the Baytown City Council Mayor Pro Tem. PREFACE Section 15 of the Charter of the City of Baytown provides that 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. On July 14, 2011 the Council adopted a new set of rules regarding the Mayor Pro Tem. The rules are as follows: the Mayor Pro Tem be elected for a 6 month term on a rotating basis; the terms will run from January 1st to June 30th and from July 1st to December 31st of each year; the rotation will be consecutive based on council district number; a Council Member must have served one year on the City Council prior to being elected Mayor Pro Tem; if a Council Member does not wish to serve, cannot serve or does not qualify to serve when scheduled to be elected as Mayor Pro Tem based upon the rotation schedule, the City Council shall elect the next Council Member on the rotation list unless voted otherwise; and subject to the vote of the City Council, the City Council will elect the District 1 Council Member to the term commencing July 1, Currently, Council Member Terry Sain serves as the Mayor Pro Tem. The newly elected Mayor Pro Tem shall serve for six months, beginning July 1, 2013 and ending on December 31, The next Council Member for consideration is Council Member Robert Hoskins, District No. 5. This agenda item promotes the City's vision of government transparency and administrative efficiency. RECOMMENDATION

62 BAYTOWN CITY COUNCIL MEETING 6. a. Meeting Date: 06/27/2013 Subject: Jenkins Park Disc Golf Course. Prepared for: Scott Johnson, Parks and Recreation Prepared by: Scott Johnson, Parks and Recreation Department: Parks and Recreation Information ITEM The City of Baytown Jenkins Disc Golf Course is now open to the public. PREFACE The Jenkins Park Disc Golf Course is open for play. The much anticipated 18 hole course wraps around Jenkins Park beginning near the existing basketball court, around the ballfields, actually crosses Cary Bayou and continues in the recently purchased 56 acre park addition. The course is a mile and 3/4 long and should take approximately 2 hours to play. The Parks and Recreation Department will add signage and several benches later this summer. A disc golf tournament is scheduled for August 24th to officially open the course. There is no charge to play. RECOMMENDATION Jenkins Park Disc Golf Map Jenkins Park Disc Golf Logo Attachments

63

64

65 BAYTOWN CITY COUNCIL MEETING 6. b. Meeting Date: 06/27/2013 Subject: Presentation of rd and 4th of July Celebration. Prepared for: Scott Johnson, Prepared by: Scott Johnson, Parks and Recreation Department: Parks and Recreation Information ITEM Present the 3rd and 4th of July Celebration schedule and entertainment for PREFACE The Parks and Recreation Department is proud to announce the schedule and entertainment line up for this year's 3rd and 4th of July Celebration. This year's event will begin rocking at 6:00 p.m., Wednesday, July 3rd; with Houston area band "Molly and the Ringwalds". The headliner for the evening, rock and roll legend Eddie Money, will take center stage at 8:00 p.m. The 24th annual Baytown Bud Heatwave 5 Mile Run kicks off Baytown's Independance Day Celebration at 7 a.m. The race begins at the park and ends at the event sponsor Wismer Distributing Co. Additional information can be found at The annual festival will begin at 4:30 p.m. with the opening of the vendor booths followed by the Annual 4th of July Parade at 5:30 p.m. The parade will start on Market Street and turn onto Lee Drive. Local musician "Breelan Angel" will kick off the entertainment at 4:30 p.m. The parade will be followed by country music legend, "Johnny Lee" at 6:00 p.m. Traditional July 4th Ceremonies will begin at 7:45 p.m. This year s Headliner, Texas country music stars, The Randy Rogers Band, will take the stage at 8:00 p.m., followed by the Annual Fireworks Extravaganza at 9:30 p.m. The fireworks will be accompanied with patriotic music by DJ Mike. Details of the event can be found at RECOMMENDATION

66 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 agenda item. Schedule of Events Heat Wave Information Heat Wave Registration Form Attachments

67 2013 BAYTOWN JULY 4 TH BICENTENNIAL PARK 1001 MARKET STREET TWO DAYS OF FREE ENTERTAINMENT! WEDNESDAY, JULY 3 RD 6:00 7:30 PM MOLLY AND THE RINGWALDS 8:00 9:30 PM EDDIE MONEY THURSDAY, JULY 4 TH 7 AM The 24th Annual Baytown Bud Heat Wave 5 Mile Run 4:30 5:30 PM BREELAN ANGEL 5:30 6:00 PM 4 th of July Parade 6:00 7:30 PM JOHNNY LEE 7:45 8:00 PM 4 th of July Ceremony 8:00 9:30 PM THE RANDY ROGERS BAND 9:30 10:00 PM Fireworks Extravaganza featuring music by DJ Mike 10:00 PM Event Ends VENDOR BOOTH SPACES ARE AVAILABLE FOR PURCHASE FOR CRAFTS, GAMES AND FOOD! PLEASE CALL BAYTOWN PARKS & RECREATION AT (281) OR VISIT OUR WEBSITE AT BICENTENNIAL PARK IS LOCATED AT THE CORNER OF MARKET STREET & LEE DRIVE IN BAYTOWN. EASILY ACCESSIBLE FROM STATE HIGHWAY 146, TEXAS AVENUE EXIT, AND FROM INTERSTATE 10, SPUR 330 EXIT. AMPLE PARKING IS AVAILABLE AT LEE COLLEGE AND OTHER NEARBY FACILITIES.

68 Baytown Bud Heat Wave 5 Mile Run The 24th Annual Baytown Bud Heat Wave 5 Mile Run July 4th, 2013 Our Post-Race Party Rocks, and So Do Our Sponsors! Home Info Register FAQ Volunteer Sponsors Contact Us Results Gallery Policy Races We Like The 24th Annual Baytown Bud Heat Wave 5 Mile Run July 4th, 2013 Registration is open. Date: July 4, 2013 Time: 7:00 AM Start: 511 S. Whiting Street, Baytown Texas to plug into your GPS system. Finish: Wismer Distributing Co. (our Sponsor), Approximately 1/2 mile from start Distance: 5 Miles Course: The Baytown Heat Wave is run mostly on flat, concrete / asphalt-surfaced streets through the southwestern section of Baytown. The course encompasses Bicentennial Park, the City Hall Complex and residential areas of this section. Net proceeds from the 2012 Baytown Bud Heatwave went to: Baytown Special Rodeo Association The mission of the Baytown Special Rodeo Association is to provide an annual fun filled, western themed day of activities and entertainment for mentally and/or physically challenged children and their families. We strive to instill in each child a sense of community and the belief that they are special and important. Follow us on Facebook Donation to the Baytown Special Rodeo Association - (L to R) Diana Armstrong (RAS President), Robby Sabban (Race Director), JR Miller (Baytown Special Rodeo Association), Jon Walk (RAS information Director), Jayo Washington (Wismer Distributing) 2:20:44 PM]

69 Baytown Bud Heat Wave 5 Mile Run Do not run this race if you are unprepared. The combined heat and humidity on the 4th of July in Baytown makes the Baytown Bud Heat Wave a very strenuous and taxing race. Entrants should only seek participation in this event if they are well conditioned and cautious in their race strategy. Visit us on Facebook! *One of the top female finishers from the very first run, 1979, sent us this slate of the inaugural top 10 finishers. How cool is that? Baytown Bud Heat Wave 2013 Last updated on Monday, June 3, 2013 Site by bjp 2:20:44 PM]

70 24th Baytown Bud Heat Wave 5 Mile Run Date: Thursday, July 4, 2013 Race Start Time: 7:00 AM Start: 511 S. Whiting Street, Baytown Texas Finish: Wismer Distributing (about 0.5 mile from start) Time Limit: 2-h time limit Course: Mostly flat, concrete/asphalt-surfaced streets Race Website and Online Registration: Entry Deadline & Fees: Register by June 2, 2013 midnight $30 June 3 June 23, 2013 midnight $35 June 24 July 3, 2013 $40 Race Day (@6 AM) $45 No runner under the age of 13 may participate unless accompanied at all times by an adult. Cash Award for Male and Female Open: 1st Place Overall $100 2nd Place Overall $75 3rd Place Overall $50 Master Male and Female (40+) 1st Place $75 Awards (no duplication of awards) Age-group awards for 1 st -3 rd place male and female < Baytown Bud Heat Wave REGISTRATION FORM Make check payable to Running Alliance Sports. Mail in entries must be postmarked by June 26, 2013! Mail in completed form to: Running Alliance Sport, PO Box 1482, Friendswood TX First Name: Last Name: Age (race day): Date of Birth: Sex: M F Name on bib (register by June 1): Tech Shirt Size (Circle One): Men: MS MM ML MXL MXXL Women: WXS WS WM WL WXL (Register by June 1 to guarantee your shirt size) Street Address: City: State: Zip: Phone Number: ( ) Race Day Emergency Contact: Name Phone Number: WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT In consideration of your accepting this entry, I, the undersigned, intending to be legally bound, hereby, for myself, my family, my heirs, executors, & administrators, forever waive, release and discharge any and all rights & claims for damages and causes of suit or action, known or unknown, that I may have against the Baytown Heatwave, Running Alliance Sport, The City of Baytown, Wismer Distributing, Lee College, Harris County and all other political entities, all independent contractors and construction firms working on or near the course, Event committee persons, officials and volunteers and their officers, directors, employees, & all sponsors of the event, & the related race events & their officers, directors, employees, agents & representatives, successors, & assigns for any and all injuries suffered by me in this event. I attest that I am physically fit and am aware of the dangers & precautions that must be taken when running in warm or cold conditions, & have sufficiently trained for the completion of this event. I also agree to abide by any decision of an appointed medical official relative to my ability to safely continue or complete the event. I further assume and will pay my own medical & emergency expenses in the event of an accident, illness, or other incapacity regardless of whether I have authorized such expense. Further, I hereby grant full permission to the Baytown Heatwave and/or agents hereby authorized by them to use any photographs, videotapes, motion pictures, recording or any record of this event for any legitimate purpose at any time. I further understand that there are no entry refunds, exchanges, transfers or rollovers and the event may be canceled due to any of the following reasons; among others, including, city orders, weather conditions, natural disasters, or the threat to local and/or national security including suspected terrorist activity. I have read this waiver carefully & understand it. Applications for minors accepted only with parent or guardian s signature. Signature: Date: This entry is invalid unless signed by the entrant (or a parent or guardian if the entrant is under 18 years of age)