June 10, 2008 City Council Special Workshop Meeting 6:00 p.m. City Council Regular Meeting 7:00 p.m.

Transcription

1 June 10, 2008 City Council Special Workshop Meeting 6:00 p.m. City Council Regular Meeting 7:00 p.m.

2 COUNCIL WORKSHOP

3 Julie Masters, Mayor Charles Suderman Mary Dunbaugh Walter Wilson AGENDA City of Dickinson CITY COUNCIL SPECIAL WORKSHOP MEETING JUNE 10, 2008 Kerry Neves Louis Decker William H. King III, Mayor Pro Tem Julie M. Johnston, City Administrator NOTICE is hereby given of a SPECIAL WORKSHOP MEETING of the City Council for the City of Dickinson, County of Galveston, State of Texas, to be held on TUESDAY, JUNE 10, 2008, at 6:00 p.m. at: 1621 FM 517 East, Dickinson, Texas for the purpose of considering the following numbered items. The City Council of the City of Dickinson, Texas, reserves the right to meet in a closed session on any of the below items should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. ITEM 1.) CALL TO ORDER AND CERTIFICATION OF A QUORUM ITEM 2.) CONSIDERATION AND POSSIBLE ACTION REGARDING: City Administrator s Briefing Update on City Projects. A. DISD Projects B. Streamlined Sales Tax Initiative Update C. Development Update D Collective Bargaining E. Medic One Issues F. Request for Proposals/Competitive Bids G. Substandard Building Activity H. FY Budget I. Utility Issues TML Utility & Transportation Policy Committee Update J. City Auction K. Ordinances Under Review L. Other Matters ITEM 3.) ITEM 4.) CONSIDERATION AND POSSIBLE ACTION REGARDING: Discussion Concerning Alarm Regulations. ADJOURN CERTIFICATION This is to certify that a copy of the Notice of the City Council Workshop Meeting for TUESDAY, JUNE 10, 2008, was posted on the bulletin board at City Hall, 1621 FM 517 East, Dickinson, Texas, on this 5 th day of June, 2008, prior to 6:00 p.m. Carol L. McLemore, City Secretary In compliance with the Americans with Disabilities Act, the City of Dickinson will provide reasonable accommodations for disabled persons attending City Council Meetings. Requests should be received at least 24 hours prior to the scheduled meeting, by contacting the City Secretary s office at , or by FAX at June 10, 2008 City Council Workshop Page Solo

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5 CITY OF DICKINSON, TEXAS CITY COUNCIL MEETING ATTENDANCE LIST MEETING DATE: Workshop Meeting June 10, 2008 MAYOR/COUNCIL PRESENT ABSENT MAYOR JULIE MASTERS POS. 1: COUNCILMAN CHARLES SUDERMAN POS. 2: COUNCILWOMAN MARY DUNBAUGH POS. 3: COUNCILMAN WALTER WILSON POS. 4: COUNCILMAN KERRY NEVES POS. 5: COUNCILMAN LOUIS DECKER POS. 6: COUNCILMAN WILLIAM KING MAKE NOTE ON RECORDING: THE FOLLOWING ALSO ARE IN ATTENDANCE: ATTORNEY, Loren B. Smith CITY ADMINISTRATOR, Julie M. Johnston CITY SECRETARY, Carol L. McLemore

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7 ITEM 2 NOTES:

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16 ADJOURN TIME: MOTION: SECOND: VOTE

17 FYI

18 FUTURE CITY COUNCIL AGENDA ITEMS June, /24/2008 July, /08/2008 Special Council Workshop o DCPAAA Presentation Regular Council Meeting o City Hall/Library Project o FY Mid-Year Budget Amendment o Illicit Discharge Regulations o First Reading of Ordinance to Revise Coin-Operated Amusement Machine Ordinance o First Reading of Rate Ordinance for CenterPoint Gas o First Reading of Ordinance to Adopt Drainage Criteria o Second Reading of Ordinance to abandon portions of Minnesota o Second Reading of Ordinance to abandon portions of 44 th Street o Second Reading of Ordinance to abandon alleyway, Block 333, Nicholstone Subdivision o Second Reading of Ordinance to abandon alleyway, Block 339, Nicholstone Subdivision o Second Reading of Ordinance to abandon alleyway, Block 334, Lucy Subdivision o Second Reading of Ordinance to abandon alleyway, Block 340, Lucy Subdivision o Second Reading of Ordinance Setting School Zone Speed Limit FM 517 Barber Middle School o Second Reading of Ordinance Approving No Parking on 45 th and 46 th Special Council Workshop o City Administrator s Briefing Update on City Projects Regular Council Meeting o City/Hall Library Project o Second Reading of Ordinance to Revise Coin-Operated Amusement Machine Ordinance. o Second Reading of Ordinance to Adopt Drainage Criteria. o Second Reading of Rate Ordinance for CenterPoint Gas. o Approve Amendment to Fire Protection Services Agreement with Dickinson Volunteer Fire Department o Resolution to Approve Contract for Comprehensive Plan Future Agenda Items Page 1 of 3

19 o First Reading of Ordinance to Amend Wrecker Regulations 07/22/2008 Special Council Workshop Regular Council Meeting o City Hall/Library Project o Second Reading of Ordinance to Amend Wrecker Regulations August, /05/2008 Special Council Workshop Meeting o Presentation of Budget and Work Session on Budget 08/12/ /20/2008 Special Council Workshop o City Administrator s Briefing o Second Work Session on Budget Regular Council Meeting o City Hall/Library Project o Establish Tax Rate and Record Vote o Schedule Public Hearings on Adoption Date for Budget and Tax Rate Special Council Meeting o First Public Hearing on Proposed Tax Rate (if tax rate will exceed the lower of the rollback rate or effective tax rate) and schedule and announce second public hearing if necessary. 08/26/2008 Special Council Workshop Regular Council Meeting o City Hall/Library Project o Second Public Hearing on Proposed Tax Rate if necessary. o Announce Meeting to adopt tax rate. September, 2008 Future Agenda Items Page 2 of 3

20 09/09/ /23/2008 Special Council Workshop o City Administrator s Briefing Regular Council Meeting o Public Hearing on Proposed Budget and Tax Rate o Adopt Budget o Set Tax Rate o City Hall/Library Project Special Council Workshop Regular Council Meeting o City Hall/Library Project October, /14/2008 Special Council Workshop o City Administrator s Briefing Regular Council Meeting o City Hall/Library Project 10/28/2008 Special Council Workshop Regular Council Meeting Future Agenda Items Page 3 of 3

21 STAFF REPORTS

22 John McDonald, Director Department of Community Development TO: FROM: SUBJECT: DATE: HONORABLE MAYOR AND CITY COUNCILMEMBERS JOHN MC DONALDD DEPARTMENTAL REPORT JUNE 4, 2008 Projects Comprehensive Plan o A Request for Proposal (RFP) was issued seeking professional servicess in the development of a Comprehensivee Plan. Proposals are due June 18. Drainage Criteria Manual o Staff met with consulting engineer Jason Christian to discuss the update to the City s drainage criteria. The document is currently under staff review, and will continue to focus on the retentionn of water runoff. Master Fee Schedule o Staff is currently reviewing the Master Fee Schedule in an effort to identify new revenue streams and to ensure that City costs are being covered sufficiently. Boards and Commissions Planning and Zoning o No meeting held in May. Board of Adjustment o No meeting held in May. Building Standards Commission o Meeting held on May 14. After a public hearing, the Commission declared the building located at 2909 FM 517 E unsafe and a demolition order was issued. A demolition permit has been issued for the property. o Staff is continuing to identify properties to bring forward to the Commission for review. Staff Building Inspector Mike Ingalsbe passed his Commercial Mechanical Inspector s examination on May 15. Renee Wilson was hired in the position of Community Development Coordinator (Inspections/Code Compliance). Ms. Wilson had previously been working for the City as a temp. John McDonald met with City of Santa Fe stafff to review the proposed Arcadiaa Station subdivision that will overlap our municipal borders. Preliminary issues have been identified by the two cities and forwarded to the developer for response. o Arcadia Station is a proposed planned development of 700+ lots located south of Dickinsonn Bayou between Cemetery and FM 646. Reports Code Enforcement, Inspections and Permitting reports are attached.

23 Code Enforcement May 2008 Statistics Follow Up Inspections 54 High Grass and Weeds 18 Trash & Debris 34 Vehicles illegal parked for sale 23 Bandit Signs 96 Dilapidated Buildings 2 Junked Vehicles 27 Other Pool enclosures, dirty pools, stagnant water, working without a permit 29 Invalid Complaints 7

24 Usha Mathew Chief Financial Officer 2716 FM 517 East, Dickinson, Texas Phone: (281) Fax: (281) Dated: June 4, 2008 TO: FM: Subject: Honorable Mayor and City Council Members Usha Mathew, CFO Finance Department Updates and Ongoing Projects FY 2009 Budget: Budget 2009 is in progress. Everybody should have received the preliminary budget calendar. The first session of budget review by City Administrator and Department Heads was held on May 28, The second session of budget review with department heads is scheduled to be held on June 20, First meeting with HGAC-R1 to discuss on health insurance is scheduled to be held at Friendswood City Hall on June 5, On-going Projects: Preliminary Request for Proposal for Audit Services drafted and submitted to City Administrator for review. Personnel Classification for Law Enforcement personnel WIP (Work in Progress) Review and submit current purchasing policy. Employee Recognition Program being planned John/Irma & Usha GASB 34/35 - Fixed Assets module to be implemented before 09/30/2008 WIP Updates/changes to personnel policy. Benchmarking/Reviewing Financial Software package that integrates with other systems/departments. Newly Hired Employees include: Cynthia Wilson Community Development Coordinator (Building Inspection/Code Compliance) Kenneth E. Brown PTE Firefighter/Paramedic Open positions include FTE/PTE EMS/Paramedic, Assistant to Public Works Director, Patrol Officer Other: ETF (electronic transmission of funds) for Child Support; Sales Tax, 941, TWC, ICMA accomplished. TMRS Representative is to present TMRS changes on Thursday June 5, 2008 to all employees at am at City Hall and 1.00 pm at PD Training Room. MEMORANDUM Shared:FY08/Finance Staff Update/June, 2008.doc 1

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31 GALVESTON CO. LIBRARY MONTHLY STATISTICS REPORT Library Mares Memorial Library Month _May Year 2008 SERVICES Books Loaned 3332 Audio Books Loaned 50 Music CDs/Cassettes Loaned 156 Videos/DVDs Loaned 2549 Other Materials Loaned 0 Total Circulation Transactions 6086 Juvenile Transactions (a part of total circulation transactions) 3043 Materials Used in House 921 New Patrons Registered 149 Reference Transactions/Information Questions Adult Programs offered by the Library - # Programs & # Attendees 1 14 Children's Programs offered by the Library - # Programs & # Attendees Number of Visits (Door Count) 4349 Volunteer Hours 45 INTERNET AND ELECTRONIC SERVICES Internet Users 1782 Internet Hours 1541 RESOURCE SHARING ILL borrowed from other libraries outside of Galveston Co. 52 ISL borrowed from other public libraries in Galveston Co. 0 Total ILL & ISL borrowed from other libraries 52 Total ILL & ISL requests loaned to libraries for our users: 0

32 Library Memo To: Mayor and Council From: Vicki McCallister CC: Julie Johnston Date: June 5, 2008 Re: Staff Report In May 2008, 4349 citizens visited the Library, with 1782 using the 8 library public access computers and 6086 items checked out for home use. The library held a ceremony to present the winners of the 3 rd Annual Bookmark contest. This year the contest was conducted by The Friends of the Library and they secured JSC Federal Credit Union to sponsor the event. The five First Place winners of Kindergarten, 1 st and 2 nd, 3 rd and 4 th, 5 th and 6 th to 7 th and 8 th grade students were chosen from over 1600 entrants (doubled from 2007) and received copies of their original artwork which has been transformed into 1000 printed bookmarks each. The bookmarks will be distributed from the library and other points around the city. If you would like a complete set please just contact me. The library director attended a genealogy training session designed to enable non-genealogy librarians to help customers with their requests in this area. The library director worked with the finance director to determine budgeted amounts to be submitted for next fiscal year. 1

33 Irma Rivera Court Administrator 2716 FM 517 East; Dickinson, Texas (281) (281) fax To: Honorable Mayor and City Council From: Irma Rivera, Court Administrator CC: Julie Johnston Date: June 5, 2008 Re: Monthly Staff Report 554 new cases where filed for the month of May warrants were served for the month of May Court calendar for June is as follow June 2nd, 4 th, and 11 th for arraignment hearing. Bench trial date for juvenile case is scheduled for June 23 rd, adult trial case June 25 th and pre-trial June 9 th. On May 29 th a meeting was held at City Hall to discuss the possibility of conducting Parenting Seminars for the local parents and youths. Attending the meeting was Crime Victim Liaison Officer Nelda Harles, Detective Time Cromie and Officer Pam Campbell and Court Administrator Irma Rivera. The meeting was centered on what organization or individuals could help us organize such seminar(s). Tentative dates where discussed but, not yet assigned. Funding for seminars will be proved through the Child Safety Fund which permits municipalities to expend funds on programs designed to enhance child safety, health, or nutrition, including child abuse prevention and intervention and drug and alcohol abuse prevention. Court Administrator Irma Rivera attended an 8 hours Court Interpreter Seminar in Irving, Texas on June 2 nd. Seminar was held by Texas Municipal Court Education Center. On June 30 thru July 2, 2008 Court Administrator will be attending 12-Hour Court Administrators Conferences in Dallas, Texas. Lucy Winterfeld will be attending her required 32 Hour New Clerks Conferences in Austin, Texas on July 7 th thru July 11, Staff vacation dates: Irma Rivera June 6 thru June 13 th 1

34 Dickinson Police Department To: Mayor & City Council Members From: Chief Ron Morales Date: June 5, 2008 Re: Monthly Report for May 2008 Administrative Services Repainted the exterior jail wall, the employee parking lot retaining wall and trim work. Refinished the jail floors. Attended the 50 s Club banquet Officer Johnny Smith was awarded Officer of the Year. Patrol Division Patrol is winding down on a successful traffic enforcement year in our school zone traffic enforcement program. The jail facility was shut down for two days during a floor resurfacing project without any incidents. Officer John Gottlob was moved from the warrant section and placed on a patrol shift. Officer Gottlob s position in warrants will be filled with another Patrolman. Patrol has seen a significant decrease in the number of attempted physical confrontations by suspects since the introduction of Taser, May 1 st, Criminal Investigation Division Narcotics Division continued a follow-up of the burglary suspects from the KAPPA detail. Stolen property was recovered and the group was linked to burglaries and thefts in three counties. Warrants were obtained for 2 males and 1 female for a burglary in Dickinson. On 05/07, detectives assisted patrol in working a stabbing at Dickinson High School. The victim was transported to John Sealy Hospital by helicopter with the knife still embedded in his back. It was surgically removed and he was released from the hospital the following day. The suspect was charged with aggravated assault with a deadly weapon. On 05/18, detectives traveled to Memphis, TN on a follow-up to a 2006 murder case. The case involved the murder of a teenage girl whose body was discovered in a field across from the high school. Detectives had received a tip that a man now residing in Memphis was involved in the murder. DPD Detectives along with Memphis Homicide Detectives located and questioned the man who, although denying any involvement, did consent to giving samples of his DNA. On 05/19 and 05/20, Narcotics assisted the FBI with a large round-up of people under Federal indictments resulting from a drug distribution ring working in the Bay Shore/Dickinson area. The DPD Narcotics Unit initiated the investigation which took over 2 years and involved Federal, State and Local agencies. Four Federal search warrants were executed which resulted in the arrest of 10 people on a total of 21 charges of Federal Conspiracy to Distribute - 1 -

35 Cocaine and Methamphetamine. Additionally, one person was arrested on a state charge of Felony Possession of Marijuana after officers discovered a Marijuana grow and recovered 3 ½ pounds of marijuana. Additional Federal indictments are pending. On 05/23, DPD along with the SANE (Sexual Assault Nurse Examiner) Program from UTMB, provided training for patrol officers. The training covered the initial investigation of sexual assaults from receiving the initial report, through medical examination, crime victim services and into court testimony. Crime Prevention & Community Policing On 05/03, the Dickinson Police Dept. set up a booth at the Strawberry Festival. On 05/28, DCPA Class IV graduated; ceremony was held at the VFW Post. On 05/29, the Dickinson Police Dept. participated at K.E. Little with their community helpers day. Participated in National Police Week activities. Sgt. Keele was in the Galveston County Honor Guard for the Memorial Service. The week is dedicated to all the men and women who have died in the line of duty. Recruiting participants for the Student Police Academy for summer VOCA Grant Activities Assisted 39 victims. Contacted 33 victims by mail, 8 by phone; made 5 office visits and 3 home visits. On 05/07, attended MICSA meeting at Bay Area Turning Point. On 05/29, attended Dickinson Municipal Court meeting on Parenting seminars On 05/30, attended CMA meeting and gave presentation of Crime Victim Rights. Chaplain Corps On 05/20, received Governor s Award in Austin for Freedom Ministries. CPA Class IV Graduation blessing and benediction. Information Technology Deployed 10 new desktop computers throughout the City s network. Examining the feasibility of setting up a wireless connection to the Central Fire Station. Completed the installation of new computerized base station radio equipment in the Central Fire Station

36 Norman Hicks Dickinson Public Safety 2716 FM 517 East Dickinson, TX (281) (281) fax ci.dickinason.tx.us TO: FROM: Honorable Mayor and City Council Members City Attorney Norman Hicks Dickinson Public Safety DATE: June 10, 2008 SUBJECT: Monthly Report May 2008 Response: Dickinson Public Safety EMS had 104 encounters and 75 patient transports. The average response time for the 2008 maintains at 6 minutes. Revenue: EMS collection made by our contracted billing company, Intermedix, totaled $44, for the month of May We are currently working with Intermedix on new procedures to increase collection rates. Medic One: The Medic One System was dissolved; however all current mutual aid agreements are still in effect. Dickinson Public Safety is working diligently to enhance our working relationship with the surrounding municipalities and hospitals. Dickinson Public Safety will contract with Dr. Paul Fine for medical direction beginning June 1, Dickinson Public Safety Personnel: Dickinson Public Safety will be scheduling up coming training opportunities with the Dickinson Volunteer Fire Dept. MEMORANDUM Page 1 Dickinson Public Safety monthly report-march 2007.doc

37 TO: FROM: Honorable Mayor and City Council Members Kellis George, Director of Public Works DATE: June 4, 2008 SUBJECT: Monthly Project Report May 2008 Storm Water Management Staff provided informational brochures on storm water management issues to Galveston County Water Control and Improvement District Number 1 for distribution in the water bills during the month of May. This informational brochure addressed the issue of common causes of storm-water pollution: motor oil, oil filters, detergent, antifreeze and transmission fluid. Distribution of the informational brochure is one of the criteria that the City needs to comply with as part of Permit Year 1 of the Storm Water Management Plan. Oleander Bridge Mr. Clay Evans, manager of the Christian Renewal Center, has signed the easement agreement for the Oleander Bridge Project and has forwarded it to their headquarters in Washington for review and approval. The approved easement has not yet been received. Public Works Drainage Permit Application Staff has completed the process of evaluating and revising the Department s drainage permit application. The drainage permit fees that were previously approved by the Council were approved several years ago and have not kept up with increases in materials for this type of work. Therefore, the Department will be submitting a resolution to amend the Master Fee Schedule with regard to the drainage permit fees to allow the City to recoup its costs associated with the requested work. 3M Traffic Safety Solutions The Public Works Department has scheduled a street striping demo on Baker Drive for the week of June 9, Fleetmate Software Staff has begun their research into available fleet maintenance software programs in an effort to determine which would best allow the City to track its yearly costs for budgeting purposes; aid in the upkeep of the equipment and vehicles

38 thereby prolonging the serviceability of each one; and, overall, streamline the management of the various units. Hughes Lane - The Department began reconstruction from FM 517 to Borden s Gully in May. The following construction and drainage projects were completed during the month of May 2008: Avenue F Completed drainage from Deats Road to the end of Avenue F.

39 Department Tourism & Museum City of Dickinson 218 FM517 West Dickinson TX (281) TO: FROM: Honorable Mayor City Council Members City Administrator Dee Cover Director, Tourism & Museum DATE: June 3, 2008 SUBJECT: Subject: Monthly Staff Report May 2008 GENERAL Completed the EDC Website project Starting the outline for revising the City Website Engaged two UH-CL marketing interns who will be working with the department on various projects over the summer Developing Business Expansion and Retention program Asked to serve on recreation committee of Dickinson Bayou Watershed Secured Listing in the 2009 Texas Travel Guide (TxDOT) TOURISM (DISCOVER DICKINSON) Saturday Morning The Depot last movie of the season o May Movie - Angels In The Outfield 5/31 Disappointing attendance attributed to beginning of summer sports for age group that usually attends. Determining run dates for next year s season. Golden The Depot o 5/19 Planet Earth 12:30 pm-1:30 pm Coordinating with the Dickinson Senior Center, but will be open to the community. First series is Planet Earth, a series of 50 minute BBC documentaries. Partnership with the Dickinson Public Library.

40 Dickinson Harvest Days Tabled until next year due to lack of potential vendor participation. Market concept to be used next year will be a few target dates which will be published at the beginning of the season once vendors are established. Italian Heritage Celebration - Monthly Committee Meetings picked up again in May to hold a September event. Dates established as September 11 Opening Reception (wine & cheese) and September 13 with a speaker. Festival of Lights / Holiday Events Working in conjunction with the North Galveston Chamber of Commerce on events that tie into Festival of Lights. HISTORIC RAILROAD CENTER Facilities / Grounds - nothing new to report New Visitors (signed register) In State 10 Out of State 3 Community Room (does not include sponsored events) Community Service no-fee use: 3 North Galveston Chamber of Commerce Dickinson Historical Society Dickinson Public Library Fee Based Use 4 Non-Profit $ Private Use $ of 2

41 REGULAR COUNCIL MEETING

42 Julie Masters, Mayor Charles Suderman Mary Dunbaugh Walter Wilson AGENDA City of Dickinson CITY COUNCIL REGULAR MEETING Kerry Neves Louis Decker William H. King III, Mayor Pro Tem Julie M. Johnston, City Administrator JUNE 10, 2008 NOTICE is hereby given of a REGULAR MEETING of the City Council for the City of Dickinson, County of Galveston, State of Texas, to be held on TUESDAY, JUNE 10, 2008, at 7:00 p.m. at: 1621 FM 517 East, Dickinson, Texas for the purpose of considering the following numbered items. The City Council of the City of Dickinson, Texas, reserves the right to meet in a closed session on any of the below items should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. ITEM 1.) ITEM 2.) ITEM 3.) ITEM 4.) CALL TO ORDER AND CERTIFICATION OF A QUORUM: Invocation and Pledge of Allegiance. PROCLAMATIONS AND COUNCIL COMMENTS: PUBLIC COMMENTS: At this time, any person with city-related business may speak to the Council. In compliance with the Texas Open Meetings Act, The City Council may not deliberate. Comments from the public should be limited to a maximum of three (3) minutes per individual speaker. CONSENT AGENDA: CONSIDERATION AND POSSIBLE ACTION: The following items are considered routine by the City Council and will be enacted by one motion. There will not be a separate discussion on these items unless a Council member requests, in which event, the item will be removed from the consent agenda and discussed after the consent agenda. A. Approval of Minutes of Special Council Workshop Meeting of May 27, B. Approval of Minutes of Regular Council Meeting of May 27, 2008 OLD BUSINESS ITEM 5.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: City Hall/Library Project. ITEM 6.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ordinance Number XXX AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, AMENDING THE ADDENDUM (TRAFFIC CONTROL DEVICE INVENTORY SCHEDULE III) TO SUBSECTION (g) OF SECTION 10-3, TRAFFIC-CONTROL DEVICES, OF CHAPTER 10, MOTOR VEHICLES AND TRAFFIC, OF THE CODE OF ORDINANCES BY ADDING THERETO June 10, 2008 Regular Council Meeting Page 1 of 5

43 THE DESIGNATION OF NO PARKING ZONES ON SECTIONS OF 45 TH AND 46 TH STREETS WITHIN THE CITY OF DICKINSON; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE, AND AN EFFECTIVE DATE (First of three readings). NEW BUSINESS ITEM 7.) ITEM 8.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Resolution Number XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, AMENDING RESOLUTION NUMBER 764- TO DRAINAGE CULVERT FEES; AND PROVIDING AN EFFECTIVE DATE. CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ordinance Number XXX-2008 AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY NO LONGER REQUIRE THE CONTINUED EXISTENCE OF A 70 FOOT ROADWAY EASEMENT BEING PART OF MINNESOTA AVENUE AND PARTIALLY CONTAINED IN BLOCKS 333 AND 339 OF THE NICHOLSTONE SUBDIVISION, IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED IN VOLUME 93, PAGE 3, OF THE PLAT RECORDS OF GALVESTON COUNTY, TEXAS, AND PARTIALLY CONTAINED IN BLOCKS 334 AND 340 OF THE LUCY SUBDIVISION, IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED IN VOLUME 254, PAGE 35, OF THE PLAT RECORDS OF GALVESTON COUNTY, TEXAS; VACATING, ABANDONING, AND CLOSING SAID ROADWAY EASEMENT; PROVIDING FOR THE INCORPORATION OF PREAMBLE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (First of three readings). ITEM 9.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ordinance Number XXX-2008 AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY NO LONGER REQUIRE THE CONTINUED EXISTENCE OF A 70 FOOT ROADWAY EASEMENT BEING PART OF 44 TH STREET AND PARTIALLY CONTAINED IN BLOCKS 333 AND 339 OF THE NICHOLSTONE SUBDIVISION, IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED IN VOLUME 93, PAGE 3, OF THE PLAT RECORDS OF GALVESTON COUNTY, TEXAS, AND PARTIALLY CONTAINED IN BLOCKS 334 AND 340 OF THE LUCY SUBDIVISION, IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED IN VOLUME 254, June 10, 2008 Regular Council Meeting Page 2 of 5

44 PAGE 35, OF THE PLAT RECORDS OF GALVESTON COUNTY, TEXAS; VACATING, ABANDONING, AND CLOSING SAID ROADWAY EASEMENT; PROVIDING FOR THE INCORPORATION OF PREAMBLE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (First of three readings). ITEM 10.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ordinance Number XXX-2008 AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY NO LONGER REQUIRE THE CONTINUED EXISTENCE OF A PORTION OF A 20 FOOT ROADWAY EASEMENT CONTAINED IN BLOCK 333 OF THE NICHOLSTONE SUBDIVISION, IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED IN VOLUME 93, PAGE 3, OF THE PLAT RECORDS OF GALVESTON COUNTY, TEXAS; VACATING, ABANDONING, AND CLOSING SAID ROADWAY EASEMENT; PROVIDING FOR THE INCORPORATION OF PREAMBLE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (First of three readings). ITEM 11.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ordinance Number XXX-2008 AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY NO LONGER REQUIRE THE CONTINUED EXISTENCE OF A PORTION OF A 20 FOOT ROADWAY EASEMENT CONTAINED IN BLOCK 339 OF THE NICHOLSTONE SUBDIVISION, IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED IN VOLUME 93, PAGE 3, OF THE PLAT RECORDS OF GALVESTON COUNTY, TEXAS; VACATING, ABANDONING, AND CLOSING SAID ROADWAY EASEMENT; PROVIDING FOR THE INCORPORATION OF PREAMBLE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (First of three readings). ITEM 12.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ordinance Number XXX-2008 AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY NO LONGER REQUIRE THE CONTINUED EXISTENCE OF A PORTION OF A 20 FOOT ROADWAY EASEMENT CONTAINED IN BLOCK 334 OF THE LUCY SUBDIVISION, IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED IN VOLUME 254, PAGE 35, OF THE PLAT RECORDS OF GALVESTON COUNTY, TEXAS; VACATING, ABANDONING, AND CLOSING SAID ROADWAY EASEMENT; PROVIDING FOR THE INCORPORATION OF PREAMBLE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (First of three readings). June 10, 2008 Regular Council Meeting Page 3 of 5

45 ITEM 13.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ordinance Number XXX-2008 AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY NO LONGER REQUIRE THE CONTINUED EXISTENCE OF A PORTION OF A 20 FOOT ROADWAY EASEMENT CONTAINED IN BLOCK 340 OF THE LUCY SUBDIVISION, IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED IN VOLUME 254, PAGE 35, OF THE PLAT RECORDS OF GALVESTON COUNTY, TEXAS; VACATING, ABANDONING, AND CLOSING SAID ROADWAY EASEMENT; PROVIDING FOR THE INCORPORATION OF PREAMBLE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (First of three readings). ITEM 14.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ordinance Number XXX-2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF SECTION OF THE TEXAS TRANSPORTATION CODE, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, ON CERTAIN STREETS AND HIGHWAYS OR PARTS THEREOF WITHIN THE CORPORATE LIMITS OF THE CITY OF DICKINSON, AS SET OUT IN THIS ORDINANCE, TO WIT: ESTABLISHING A SCHOOL ZONE ON FM 517 FROM A POINT 343 FEET WEST OF GEORGIA STREET TO 581 FEET EAST OF WHISPERING ROAD TO REDUCE THE SPEED LIMIT TO THIRTY (30) MILES PER HOUR WHEN THE TRAFFIC CONTROL DEVICE INSTALLED AT THAT LOCATION IS FLASHING; AUTHORIZING THE INSTALLATION OF SIGNAGE IN ACCORDANCE WITH THIS ORDINANCE; PROVIDING FOR THE INCORPORATION OF PREAMBLE; PROVIDING A PENALTY NOT TO EXCEED $ FOR THE VIOLATION OF THIS ORDINANCE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE (First of three readings). ITEM 15.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Approval of Moving Darren Burris from an Alternate Member of the Building Standards Commission to a Regular Member replacing Walter Wilson. ITEM 16.) EXECUTIVE SESSION: The City Council will now hold a closed executive meeting pursuant to the provision of Chapter 551, Government Code, Vernon s Texas Codes annotated, in accordance with the authority contained in: A. Section Consultation with attorney regarding pending or contemplated litigation. June 10, 2008 Regular Council Meeting Page 4 of 5

46 ITEM 17.) RECONVENE ITEM 18.) ADJOURN B. Section Discuss or deliberate regarding commercial or financial information that the Dickinson City Council has received from a business prospect that the Dickinson City Council seeks to have locate, stay or expand in or near the City and which the Dickinson City Council is conducting economic development negotiations. C. Section Deliberate the purchase, exchange, lease, or value of real property. CERTIFICATION This is to certify that a copy of the Notice of the Regular City Council meeting for TUESDAY, JUNE 10, 2008, was posted on the bulletin board at City Hall, 1621 FM 517 East, Dickinson, Texas, on this 5 th day of June, 2008, prior to 6:00 p.m. Carol L. McLemore, City Secretary In compliance with the Americans with Disabilities Act, the City of Dickinson will provide reasonable accommodations for disabled persons attending City Council Meetings. Requests should be received at least 24 hours prior to the scheduled meeting, by contacting the City Secretary s office at , or by FAX at June 10, 2008 Regular Council Meeting Page 5 of 5

47 TAB 1

48 City Council Meeting CALL TO ORDER Invocation Given by: Pledge of Allegiance Given by: Roll Call

49 CITY OF DICKINSON, TEXAS CITY COUNCIL MEETING ATTENDANCE LIST MEETING DATE: Regular Meeting June 10, 2008 MAYOR/COUNCIL PRESENT ABSENT MAYOR JULIE MASTERS POS. 1: COUNCILMAN CHARLES SUDERMAN POS. 2: COUNCILWOMAN MARY DUNBAUGH POS. 3: COUNCILMAN WALTER WILSON POS. 4: COUNCILMAN KERRY NEVES POS. 5: COUNCILMAN LOUIS DECKER POS. 6: COUNCILMAN WILLIAM KING MAKE NOTE ON RECORDING: THE FOLLOWING ALSO ARE IN ATTENDANCE: ATTORNEY, Loren B. Smith CITY ADMINISTRATOR, Julie M. Johnston CITY SECRETARY, Carol L. McLemore

50 TAB 2

51 PROCLAMATIONS AND ANNOUNCEMENTS NOTES:

52 TAB 3

53 PUBLIC COMMENTS NOTES:

54 TAB 4

55 Julie Masters, Mayor Charles Suderman Mary Dunbaugh Walter Wilson MINUTES City of Dickinson CITY COUNCIL SPECIAL WORKSHOP MEETING MAY 27, 2008 Kerry Neves Louis Decker William H. King III, Mayor Pro Tem Julie M. Johnston, City Administrator The Dickinson City Council met in a duly called and announced SPECIAL WORKSHOP MEETING on TUESDAY, MAY 27, The meeting was held in the City Council Chambers located at 1621 FM 517 East, Dickinson, Galveston County, Texas, and was held for the purpose of considering the following items: ITEM 1.) CALL TO ORDER AND CERTIFICATION OF A QUORUM Mayor Masters called the meeting to order at 6:05 p.m. City Secretary Carol McLemore called roll and certified a quorum. Council Members present were as follows: Mayor Julie Masters, Mayor Pro Tem William H. King and Council Members Charles Suderman, Mary Dunbaugh, Walter Wilson, Kerry Neves, and Louis Decker. Also present were City Administrator Julie Johnston, Finance Director Usha Mathew, and Police Chief Ron Morales. ITEM 2.) CONSIDERATION AND POSSIBLE ACTION REGARDING: Presentation, Briefing and Discussion by Texas Municipal Retirement System. Anthony Mills from Texas Municipal Retirement System gave a presentation on the changes that TMRS is making in the retirement system and the rate changes that cities are facing as a result of those changes. He noted that, while most cities rates were increasing, Dickinson s rate had actually gone down. Discussion followed, but City Council took no action in this matter. City Attorney Loren Smith arrived at 6:15 p.m. during the discussion. ITEM 3.) CONSIDERATION AND POSSIBLE ACTION REGARDING: City Administrator s Briefing Update on City Projects. A. DISD Projects B. TxDOT Projects C. Economic Development Projects D. Other Matters City Administrator Julie Johnston gave a power point presentation to update the City Council on current City Projects. Council took no action in this matter. ITEM 4.) EXECUTIVE SESSION: The Dickinson City Council met in a closed executive meeting pursuant to the provision of Chapter 551, Government Code, Vernon s Texas Codes annotated, in accordance with the authority contained in: May 27, 2008 Council Workshop Minutes Page 1 of 3

56 A. Section Personnel Matter Deliberate the appointment, employment, evaluation, or duties of the City Administrator. B. Section Discuss or deliberate regarding commercial or financial information that the Dickinson City Council has received from a business prospect that the Dickinson City Council seeks to have locate, stay or expand in or near the City and which the Dickinson City Council is conducting economic development negotiations. Mayor Masters recessed the meeting into Executive Session at 6:37 p.m. ITEM 5.) RECONVENE AND CONSIDERATION AND POSSIBLE ACTION REGARDING: Mayor Masters reconvened the meeting at 7:05 p.m. A. Approval of membership and participation by the City Administrator in Dickinson Rotary Club. Councilwoman Dunbaugh made a motion to approve membership and participation by the City Administrator in the Dickinson Rotary Club. Mayor Pro Tem King seconded the motion. VOTE: 6 AYES (Suderman, Dunbaugh, Wilson, Neves, Decker and King) 0 NAYS MOTION PASSED. ITEM 6.) ADJOURN Councilman Suderman made a motion to adjourn the meeting at 7:06 p.m. Councilwoman Dunbaugh seconded the motion. VOTE: 6 AYES (Suderman, Dunbaugh, Wilson, Neves, Decker and King) 0 NAYS MOTION PASSED. Passed, approved and adopted this 10 th day of June, Julie Masters, Mayor May 27, 2008 Council Workshop Minutes Page 2 of 3

57 ATTEST: Carol L. McLemore, City Secretary May 27, 2008 Council Workshop Minutes Page 3 of 3

58 Julie Masters, Mayor Charles Suderman Mary Dunbaugh Walter Wilson MINUTES City of Dickinson CITY COUNCIL REGULAR MEETING MAY 27, 2008 Kerry Neves Louis Decker William H. King III, Mayor Pro Tem Julie M. Johnston, City Administrator The Dickinson City Council met in a duly called and announced REGULAR MEETING on TUESDAY, MAY 27, The meeting was held in the City Council Chambers located at 1621 FM 517 East, Dickinson, Galveston County, Texas, and was held for the purpose of considering the following items: ITEM 1.) CALL TO ORDER AND CERTIFICATION OF A QUORUM Invocation and Pledge of Allegiance Mayor Julie Masters called the meeting to order at 7:09 p.m. Charles Goodnight of Mainland Church of Christ gave the Invocation and Pam Matranga, Galveston County Constable Precinct 7, led the Pledge of Allegiance. City Secretary Carol McLemore called roll and certified a quorum. Council Members present were as follows: Mayor Julie Masters, Mayor Pro Tem William King and Council Members Charles Suderman, Mary Dunbaugh, Walter Wilson, Kerry Neves, and Louis Decker. Also present were City Attorney Loren Smith, City Administrator Julie Johnston, Police Chief Ron Morales, Fire Marshal Norman Hicks, and Building Inspector Mike Ingalsbe. ITEM 2.) PROCLAMATIONS AND COUNCIL COMMENTS: A. Recognition of Nelda Harles and Freedom Ministries for Receiving Governor s Criminal Justice Volunteer Service Susan Cranford Award. Mayor Masters presented a Certificate of Recognition to Nelda Harles and Freedom Ministries for receiving the Susan Cranford Award from the Governor for their work with female inmates at the Carole Young Medical Facility. Council commented on the following topics: Welcome and thanks to everyone in attendance. Congratulations to Freedom Ministries for the award. Hurricane Conference held in Galveston last week. Hurricane Awareness Meeting scheduled next week in Dickinson Council Chambers. Yard of the Month awarded by Keep Dickinson Beautiful to Claire Rhoads Dickinson Citizens Police Academy Graduation on Wednesday. Work being done on Landscaping on I-45 Saturday at the Movies event at the Depot May 27, 2008 Regular Council Minutes Page 1 of 4

59 Planning Meeting for Fourth of July Activities on Wednesday. Dickinson ISD Band Concerts. Dickinson Bayou Watershed Committee Meeting Police Memorial Services held at Alvin Police Department and Galveston County. Upcoming Police Officers Banquet. ITEM 3.) PUBLIC COMMENTS: Karen Post, th Street, addressed City Council concerning the recent meetings that were held out of town. ITEM 4.) CONSENT AGENDA: CONSIDERATION AND POSSIBLE ACTION: A. Approval of Minutes of Regular Council Meeting of May 13, B. Approval of Minutes of Special Council Meeting of May 16, Councilman Neves made a motion to approve all items on the consent agenda. Councilman Suderman seconded the motion. VOTE: 6 AYES (Suderman, Dunbaugh, Wilson, Neves, Decker and King) 0 NAYS MOTION PASSED. OLD BUSINESS ITEM 5.) CONSIDERATION AND POSSIBLE ACTION REGARDING: City Hall/Library Project. City Administrator Julie Johnston gave a brief report on the status of the City Hall/Library Project. She noted that the demolition of the foundations was underway and that site work had begun. She also reported on the status of the utility easement verification and encroachment issues. She said that the groundbreaking has been scheduled for Thursday, May 29, at 4:00 p.m. at the site. Council took no action in this matter. NEW BUSINESS ITEM 6.) CONSIDERATION AND POSSIBLE ACTION REGARDING: Resolution Number A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING AN ECONOMIC DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DICKINSON, TEXAS, AND BH BUILDING PRODUCTS, LP; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; May 27, 2008 Regular Council Meeting Minutes Page 2 of 4

60 PROVIDING FOR INCORPORATION OF PREMISES; AND PROVIDING AN EFFECTIVE DATE. Mayor Masters read the resolution by caption only. Councilman Suderman made a motion to approve Resolution Number Mayor Pro Tem King seconded the motion. VOTE: 6 AYES (Suderman, Dunbaugh, Wilson, Neves, Decker and King) 0 NAYS MOTION PASSED. ITEM 7.) CONSIDERATION AND POSSIBLE ACTION REGARDING: Resolution Number A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT FOR MEDICAL DIRECTION SERVICES BY AND BETWEEN THE CITY OF DICKINSON, TEXAS, AND PAUL FINE, M.D.; AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE SUCH AGREEMENT; PROVIDING FOR THE INCORPORATION OF PREMISES; AND PROVIDING AN EFFECTIVE DATE. Mayor Masters read the resolution by caption only. Councilman Decker made a motion to approve Resolution Number Mayor Pro Tem King seconded the motion. VOTE: 6 AYES (Suderman, Dunbaugh, Wilson, Neves, Decker and King) 0 NAYS MOTION PASSED. ITEM 8.) CONSIDERATION AND POSSIBLE ACTION REGARDING: Resolution Number A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A CONSENT TO ENCROACHMENT AGREEMENT BETWEEN THE CITY OF DICKINSON AND OCWEN LOAN SERVICING, LLC, AGREEING TO THE CONTINUED ENCROACHMENT INTO THE CALIFORNIA AVENUE ROADWAY RIGHT-OF-WAY, BY 1.8 FEET, OF THE IMPROVEMENTS LOCATED AT TH STREET EAST, WITHIN THE CITY OF DICKINSON; PROVIDING FOR THE INCORPORATION OF PREAMBLE; AUTHORIZING EXECUTION OF THE AGREEMENT BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. Mayor Masters read Resolution Number by caption only. Councilman Suderman made a motion to approve the resolution. Councilwoman Dunbaugh seconded the motion. May 27, 2008 Regular Council Meeting Minutes Page 3 of 4

61 VOTE: 6 AYES (Suderman, Dunbaugh, Wilson, Neves, Decker and King) 0 NAYS MOTION PASSED. ITEM 9.) ADJOURN Councilwoman Dunbaugh made a motion to adjourn the meeting at 7:37 p.m. Mayor Pro Tem King seconded the motion. VOTE: 6 AYES (Suderman, Dunbaugh, Wilson, Neves, Decker & King) 0 NAYS MOTION PASSED. Approved and adopted this the 10 th day of June, ATTEST: Julie Masters, Mayor Carol L. McLemore City Secretary May 27, 2008 Regular Council Meeting Minutes Page 4 of 4

62 TAB 5

63 ITEM 5 NOTES:

64 TAB 6

65 Dickinson City Council Agenda Item Data Sheet MEETING DATE April 22, 2008 TOPIC ORDINANCE NUMBER XXX-2008 AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, AMENDING THE ADDENDUM (TRAFFIC CONTROL DEVICE INVENTORY SCHEDULE III) TO SUBSECTION (g) OF SECTION 10-3, TRAFFIC-CONTROL DEVICES, OF CHAPTER 10, MOTOR VEHICLES AND TRAFFIC, OF THE CODE OF ORDINANCES BY ADDING THERETO THE DESIGNATION OF NO PARKING ZONES ON SECTIONS OF 45 TH AND 46 TH STREETS WITHIN THE CITY OF DICKINSON; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE, AND AN EFFECTIVE DATE. BACKGROUND As directed at the April 8, 2008 Council meeting, the ordinance has been revised to establish no parking zones as follows: 45 th Street On the north and south sides of 45th Street from its intersection with St. Goar to its intersection with Nicolini for a total distance of 378 feet. 46 th Street On the north side of 46 th Street from its intersection with St. Goar east a distance of 215 feet and on the south side of 46 th Street from its intersection with St. Goar east a distance of 164 feet. RECOMMENDATION ATTACHMENTS Staff recommends approval of the Ordinance. Ordinance Number XXX-2008 FUNDING ISSUES Not applicable Not budgeted Full Amount already budgeted. Funds to be transferred from Acct.# - - SUBMITTING STAFF MEMBER CITY ADMINISTRATOR APPROVAL Chad Leveritt, Assistant Fire Marshal APPROVAL YES NO ACTIONS TAKEN READINGS PASSED OTHER 1 st 2 nd 3 rd PAGE 1 OF 1

66 ORDINANCE NUMBER XXX-2008 AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, AMENDING THE ADDENDUM (TRAFFIC CONTROL DEVICE INVENTORY SCHEDULE III) TO SUBSECTION (g) OF SECTION 10-3, TRAFFIC-CONTROL DEVICES, OF CHAPTER 10, MOTOR VEHICLES AND TRAFFIC, OF THE CODE OF ORDINANCES BY ADDING THERETO THE DESIGNATION OF NO PARKING ZONES ON SECTIONS OF 45 TH AND 46 TH STREETS WITHIN THE CITY OF DICKINSON; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Council of the Dickinson has determined that it is in the best interest of the health, safety and welfare of its citizens and the public as a whole, to establish no parking zones along sections of 45 th and 46 th Streets and to erect no parking signs at the location specified herein; and WHEREAS, the City Council finds that the Traffic Control Device Inventory Schedule III which is the Addendum to Subsection (g) of Section 10-3, Traffic-Control Devices, of Chapter 10, Motor Vehicles and Traffic, of the Code of Ordinances should be amended to establish such no parking zones. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DICKINSON TEXAS, THAT: Section 1. The facts and matters contained in the preamble of this Ordinance are hereby found to be true and correct. Section 2. The Addendum (Traffic Control Device Inventory Schedule III) to Subsection (g) of Section 10-3, Traffic-Control Devices, of Chapter 10, Motor Vehicles and Traffic, of the Code of Ordinances is hereby amended by the addition of the following No Parking zones and No Parking signs shall be erected along such locations: 45 th Street On the north and south sides of 45 th Street from its intersection with St. Goar to its intersection with Nicolini for a total distance of 378 feet. 46 th Street On the north side of 46 th Street from its intersection with St. Goar east for a distance of 215 feet, and on the south side of 46 th Street from it intersection with St. Goar east for a distance of 164 feet. Section 3. The Chief of Police or his designated representative is hereby authorized and directed to place or cause to be placed appropriate traffic control devices to effectuate the establishment of the no parking signs as herein provided. CITY OF DICKINSON, TEXAS ORDINANCE NUMBER XXX-2008 Page 1 of 1

67 Section 4. It shall be unlawful for any person operating or in control of any motor vehicle or bicycle, to park such motor vehicle or bicycle at or between any no parking sign placed at the location designated in Section 2 hereof. Section 5. This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of said Ordinances save and except the granting of the Specific Use Permit as provided herein and those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided, however, that any complaint, action, claim or lawsuit that has been initiated or has arisen under or pursuant to any of the Ordinances or sections thereof that have been specifically repealed on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance or section thereof and for that purpose the Ordinance or section thereof shall remain in full force and effect. Section 6. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the City Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 7. Any person who shall intentionally, knowingly, recklessly or with criminal negligence violate any provision contained in this Ordinance, or who shall commit or perform any act declared herein to be unlawful, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount of not less than one dollar ($1.00) and not more than two hundred dollars ($200.00). Section 8. This Ordinance shall be in full force and effect from and after its date of its publication, in accordance with law PASSED AND APPROVED on first reading this day of, PASSED AND APPROVED on second reading this day of, PASSED, APPROVED, AND ADOPTED on third and final reading this day of, Julie Masters, Mayor City of Dickinson, Texas CITY OF DICKINSON, TEXAS ORDINANCE NUMBER XXX-2008 Page 2 of 2

68 ATTEST: Carol McLemore, City Secretary City of Dickinson, Texas APPROVED AS TO FORM AND CONTENT: Loren B. Smith, City Attorney City of Dickinson, Texas CITY OF DICKINSON, TEXAS ORDINANCE NUMBER XXX-2008 Page 3 of 3

69 45 th Street No Parking Zones For Discussion on June 10, 2008

70 45 th St. looking West from Nicolini

71 th St. looking east toward Nicolini

72 th St. looking North Gates to Driveway

73 th looking North Gates to Driveway

74 Trash Cans & Debris blocking usable Driveway Cinder Blocks blocking usable Driveway Gate chained shut th

75 th Trash & Debris blocking usable Driveway Cinder blocks & chain prohibiting use of driveway

76 th St. Driveway

77 th St. looking southwest

78 Unblocked, Usable Driveway 4510 Nicolini St. - north side of home off of 45 th St.

79 4510 Nicolini Driveway

80 4510 Nicolini Driveway

81 TAB 7

82 Dickinson City Council Agenda Item Data Sheet MEETING DATE June 10, 2008 TOPIC Resolution Number XXX-2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, AMENDING RESOLUTION NO AND THE MASTER FEE SCHEDULE OF THE CITY WITH REGARD TO DRAINAGE CULVERT FEES; AND PROVIDING AN EFFECTIVE DATE BACKGROUND RECOMMENDATION ATTACHMENTS FUNDING ISSUES Material pricing for drainage culverts has pushed the cost above the prices set in the Master Fee Schedule. This has caused the City to unintentionally subsidize drainage improvements requested by individual property owners. The recommended changes to the Fee Schedule call for materials to be reimbursed to the City at actual cost plus ten percent for administrative and handling charges. This will allow the City not to have to readdress price increases on a regular basis. Staff recommends approval. Resolution Number XXX-2008 Not applicable Not budgeted but will result in additional revenues to cover expenditures Full Amount already budgeted. Funds to be transferred from Acct.# - - SUBMITTING STAFF MEMBER Kellis George, Public Works Director CITY ADMINISTRATOR APPROVAL APPROVAL YES NO ACTIONS TAKEN READINGS PASSED OTHER 1 st 2 nd 3 rd PAGE 1 OF 1

83 RESOLUTION NUMBER XXX-2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, AMENDING RESOLUTION NUMBER AND THE MASTER FEE SCHEDULE OF THE CITY WITH REGARD TO DRAINAGE CULVERT FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 28, 2004 by Resolution No , the City of Dickinson ( City ) adopted a Schedule of Fees and Charges Applicable to City Services that is known as the Master Fee Schedule, and such Master Fee Schedule included fees and charges for installation of drainage culverts; and WHEREAS, upon request, the City installs certain drainage improvements as a separate enterprise not subsidized by any tax or other revenues, and the previously approved fees and charges for installation of such drainage culverts are now less than the cost of the materials required for such work; and WHEREAS, the fluctuating cost of materials makes it inappropriate to set a price for materials and have to adjust such prices regularly; and WHEREAS, the City Council intends to continue pass the cost for such requested improvements through to the applicant to avoid impacting City funds; and WHEREAS, the City Council is of the opinion that Resolution Number and the Master Fee Schedule should be amended to include the revised fees and charges for installation of drainage culverts as reflected below to be effective June 15, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, THAT: Section 1. The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. Section 2. The fees and charges for installation of drainage culverts contained in the Master Fee Schedule of the City of Dickinson, adopted by Resolution No , are hereby revised as follows: Public Works Culverts Amount Unit All Diameters Actual Cost foot plus 10% Culvert Labor 24 or smaller $15.00 foot 30 to 42 $20.00 foot CITY OF DICKINSON, TEXAS RESOLUTION NUMBER XXX-2008 Page 1 of 2

84 48 to 60 $30.00 foot Other labor Public Works Director estimate Miscellaneous Limestone, other rock Actual cost Ton plus 10% Drainage Gate/Pipe Saddle Actual cost each plus 10% 6 or 12 Riser Actual cost each plus 10% Junction Box Per Contractor Bid Section 3. All other fees and charges contained in the current Master Fee Schedule shall remain in effect. Section 4. The effective date of the revised drainage culvert installation fees shall be June 15, DULY PASSED AND APPROVED by the City Council of the City of Dickinson, Texas, this the day of, ATTEST: Julie Masters, Mayor City of Dickinson, Texas Carol L. McLemore, City Secretary City of Dickinson, Texas APPROVED AS TO FORM AND CONTENT: Loren B. Smith, City Attorney City of Dickinson, Texas CITY OF DICKINSON, TEXAS RESOLUTION NUMBER XXX-2008 Page 2 of 2

85 TAB 8

86 Dickinson City Council Agenda Item Data Sheet MEETING DATE June 10, 2008 TOPIC Ordinance Number XXX-2008 AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY NO LONGER REQUIRE THE CONTINUED EXISTENCE OF A 70 FOOT ROADWAY EASEMENT BEING PART OF MINNESOTA AVENUE AND PARTIALLY CONTAINED IN BLOCKS 333 AND 339 OF THE NICHOLSTONE SUBDIVISION, IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED IN VOLUME 93, PAGE 3, OF THE PLAT RECORDS OF GALVESTON COUNTY, TEXAS, AND PARTIALLY CONTAINED IN BLOCKS 334 AND 340 OF THE LUCY SUBDIVISION, IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED IN VOLUME 254, PAGE 35, OF THE PLAT RECORDS OF GALVESTON COUNTY, TEXAS; VACATING, ABANDONING, AND CLOSING SAID ROADWAY EASEMENT; PROVIDING FOR THE INCORPORATION OF PREAMBLE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. BACKGROUND RECOMMENDATION ATTACHMENTS FUNDING ISSUES As part of the City Hall Project, the City needs to abandon the portion of Minnesota Avenue that falls within the Project area. This ordinance accomplishes the necessary abandonment. The following several agenda items continue with abandoning each of the other portions of roads and alleys within the footprint of the City s property. Once each of the abandonments has been accomplished, each ordinance will be filed with Galveston County and a full survey of the City s property will be undertaken. Staff recommends approval of the Ordinance Ordinance Number XXX-2008 Not applicable Not budgeted Full Amount already budgeted. Funds to be transferred from Acct.# - - APPROVAL YES NO ACTIONS TAKEN READINGS PASSED OTHER 1 st 2 nd 3 rd PAGE 1 OF 2

87 Dickinson City Council Agenda Item Data Sheet SUBMITTING STAFF MEMBER Julie M. Johnston, City Administrator CITY ADMINISTRATOR APPROVAL APPROVAL YES NO ACTIONS TAKEN READINGS PASSED OTHER 1 st 2 nd 3 rd PAGE 2 OF 2

88 ORDINANCE NUMBER XXX-2008 AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY NO LONGER REQUIRE THE CONTINUED EXISTENCE OF A 70 FOOT ROADWAY EASEMENT BEING PART OF MINNESOTA AVENUE AND PARTIALLY CONTAINED IN BLOCKS 333 AND 339 OF THE NICHOLSTONE SUBDIVISION, IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED IN VOLUME 93, PAGE 3, OF THE PLAT RECORDS OF GALVESTON COUNTY, TEXAS, AND PARTIALLY CONTAINED IN BLOCKS 334 AND 340 OF THE LUCY SUBDIVISION, IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED IN VOLUME 254, PAGE 35, OF THE PLAT RECORDS OF GALVESTON COUNTY, TEXAS; VACATING, ABANDONING, AND CLOSING SAID ROADWAY EASEMENT; PROVIDING FOR THE INCORPORATION OF PREAMBLE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. * * * * * WHEREAS, the City of Dickinson owns the roadway easement more particularly described in Exhibit A attached hereto and made a part hereof for all purposes; and WHEREAS, the City Council hereby determines that such roadway easement should be vacated, abandoned, and closed by the City for the reason that public necessity and convenience no longer require its continued existence. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, THAT: Section 1. The facts and recitations set forth in the preamble of this Ordinance are hereby found to be true and correct. Section 2. The City Council of the City of Dickinson, Texas, hereby finds and determines that public convenience and necessity no longer require the continued existence of that portion of the roadway easement described in Section 3 hereof. Section 3. The roadway easement, more particularly described in Exhibit A attached hereto and made a part hereof for all purposes, located within the City of Dickinson, Galveston County, Texas, is hereby vacated, abandoned, and closed. Section 4. All provisions of the ordinances of the City of Dickinson in conflict with the provisions of this Ordinance are hereby repealed, and all other provisions of the Ordinances of the City of Dickinson not in conflict with the provisions of this Ordinance shall remain in full force and effect. CITY OF DICKINSON, TEXAS - ORDINANCE NUMBER XXX-2008 Page 1

89 Section 5. In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, or part of this ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Dickinson, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. Section 6. This Ordinance shall be in full force and effect from and after its date of passage, in accordance with the law PASSED AND APPROVED on first reading this day of, PASSED AND APPROVED on second reading this day of, PASSED, APPROVED AND ADOPTED on third and final reading this day of, ATTEST: Julie Masters, Mayor City of Dickinson, Texas Carol L. McLemore, City Secretary City of Dickinson, Texas APPROVED AS TO FORM AND CONTENT: Loren B. Smith, City Attorney City of Dickinson, Texas CITY OF DICKINSON, TEXAS - ORDINANCE NUMBER XXX-2008 Page 2

90 EXHIBIT A TO RESOLUTION XXX-2008

91

92

93 TAB 9

94 Dickinson City Council Agenda Item Data Sheet MEETING DATE June 10, 2008 TOPIC Ordinance Number XXX-2008 AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY NO LONGER REQUIRE THE CONTINUED EXISTENCE OF A 70 FOOT ROADWAY EASEMENT BEING PART OF 44 TH STREET AND PARTIALLY CONTAINED IN BLOCKS 333 AND 339 OF THE NICHOLSTONE SUBDIVISION, IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED IN VOLUME 93, PAGE 3, OF THE PLAT RECORDS OF GALVESTON COUNTY, TEXAS, AND PARTIALLY CONTAINED IN BLOCKS 334 AND 340 OF THE LUCY SUBDIVISION, IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED IN VOLUME 254, PAGE 35, OF THE PLAT RECORDS OF GALVESTON COUNTY, TEXAS; VACATING, ABANDONING, AND CLOSING SAID ROADWAY EASEMENT; PROVIDING FOR THE INCORPORATION OF PREAMBLE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. BACKGROUND RECOMMENDATION ATTACHMENTS FUNDING ISSUES As part of the City Hall Project, the City needs to abandon the portion of 44 th Street that falls within the Project area. This ordinance accomplishes the necessary abandonment. Once each of the abandonments related to the City Hall Project has been accomplished, each ordinance will be filed with Galveston County and a full survey of the City s property will be undertaken. Staff recommends approval of the Ordinance Ordinance Number XXX-2008 Not applicable Not budgeted Full Amount already budgeted. Funds to be transferred from Acct.# - - SUBMITTING STAFF MEMBER APPROVAL YES NO CITY ADMINISTRATOR APPROVAL ACTIONS TAKEN READINGS PASSED OTHER 1 st 2 nd 3 rd PAGE 1 OF 2

95 Dickinson City Council Agenda Item Data Sheet Julie M. Johnston, City Administrator APPROVAL YES NO ACTIONS TAKEN READINGS PASSED OTHER 1 st 2 nd 3 rd PAGE 2 OF 2

96 ORDINANCE NUMBER XXX-2008 AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY NO LONGER REQUIRE THE CONTINUED EXISTENCE OF A 70 FOOT ROADWAY EASEMENT BEING PART OF 44 TH STREET AND PARTIALLY CONTAINED IN BLOCKS 333 AND 339 OF THE NICHOLSTONE SUBDIVISION, IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED IN VOLUME 93, PAGE 3, OF THE PLAT RECORDS OF GALVESTON COUNTY, TEXAS, AND PARTIALLY CONTAINED IN BLOCKS 334 AND 340 OF THE LUCY SUBDIVISION, IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED IN VOLUME 254, PAGE 35, OF THE PLAT RECORDS OF GALVESTON COUNTY, TEXAS; VACATING, ABANDONING, AND CLOSING SAID ROADWAY EASEMENT; PROVIDING FOR THE INCORPORATION OF PREAMBLE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. * * * * * WHEREAS, the City of Dickinson owns the roadway easement more particularly described in Exhibit A attached hereto and made a part hereof for all purposes; and WHEREAS, the City Council hereby determines that such roadway easement should be vacated, abandoned, and closed by the City for the reason that public necessity and convenience no longer require its continued existence. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, THAT: Section 1. The facts and recitations set forth in the preamble of this Ordinance are hereby found to be true and correct. Section 2. The City Council of the City of Dickinson, Texas, hereby finds and determines that public convenience and necessity no longer require the continued existence of that portion of the roadway easement described in Section 3 hereof. Section 3. The roadway easement, more particularly described in Exhibit A attached hereto and made a part hereof for all purposes, located within the City of Dickinson, Galveston County, Texas, is hereby vacated, abandoned, and closed. Section 4. All provisions of the ordinances of the City of Dickinson in conflict with the provisions of this Ordinance are hereby repealed, and all other provisions of the Ordinances of the City of Dickinson not in conflict with the provisions of this Ordinance shall remain in full force and effect. CITY OF DICKINSON, TEXAS - ORDINANCE NUMBER XXX-2008 Page 1

97 Section 5. In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, or part of this ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Dickinson, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. Section 6. This Ordinance shall be in full force and effect from and after its date of passage, in accordance with the law PASSED AND APPROVED on first reading this day of, PASSED AND APPROVED on second reading this day of, PASSED, APPROVED AND ADOPTED on third and final reading this day of, ATTEST: Julie Masters, Mayor City of Dickinson, Texas Carol L. McLemore, City Secretary City of Dickinson, Texas APPROVED AS TO FORM AND CONTENT: Loren B. Smith, City Attorney City of Dickinson, Texas CITY OF DICKINSON, TEXAS - ORDINANCE NUMBER XXX-2008 Page 2

98 EXHIBIT A TO RESOLUTION XXX-2008

99

100

101 TAB 10

102 Dickinson City Council Agenda Item Data Sheet MEETING DATE June 10, 2008 TOPIC Ordinance Number XXX-2008 AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY NO LONGER REQUIRE THE CONTINUED EXISTENCE OF A PORTION OF A 20 FOOT ROADWAY EASEMENT CONTAINED IN BLOCK 333 OF THE NICHOLSTONE SUBDIVISION, IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED IN VOLUME 93, PAGE 3, OF THE PLAT RECORDS OF GALVESTON COUNTY, TEXAS; VACATING, ABANDONING, AND CLOSING SAID ROADWAY EASEMENT; PROVIDING FOR THE INCORPORATION OF PREAMBLE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. BACKGROUND RECOMMENDATION ATTACHMENTS FUNDING ISSUES As part of the City Hall Project, the City needs to abandon the portion of a 20 foot alley contained in Block 333 of the Nicholstone Subdivision that falls within the Project area. This ordinance accomplishes the necessary abandonment. Once each of the abandonments related to the City Hall Project has been accomplished, each ordinance will be filed with Galveston County and a full survey of the City s property will be undertaken. Staff recommends approval of the Ordinance Ordinance Number XXX-2008 Not applicable Not budgeted Full Amount already budgeted. Funds to be transferred from Acct.# - - SUBMITTING STAFF MEMBER Julie M. Johnston, City Administrator CITY ADMINISTRATOR APPROVAL APPROVAL YES NO ACTIONS TAKEN READINGS PASSED OTHER 1 st 2 nd 3 rd PAGE 1 OF 1

103 ORDINANCE NUMBER XXX-2008 AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY NO LONGER REQUIRE THE CONTINUED EXISTENCE OF A PORTION OF A 20 FOOT ROADWAY EASEMENT CONTAINED IN BLOCK 333 OF THE NICHOLSTONE SUBDIVISION, IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED IN VOLUME 93, PAGE 3, OF THE PLAT RECORDS OF GALVESTON COUNTY, TEXAS; VACATING, ABANDONING, AND CLOSING SAID ROADWAY EASEMENT; PROVIDING FOR THE INCORPORATION OF PREAMBLE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. * * * * * WHEREAS, the City of Dickinson owns the roadway easement more particularly described in Exhibit A attached hereto and made a part hereof for all purposes; and WHEREAS, the City Council hereby determines that such roadway easement should be vacated, abandoned, and closed by the City for the reason that public necessity and convenience no longer require its continued existence. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, THAT: Section 1. The facts and recitations set forth in the preamble of this Ordinance are hereby found to be true and correct. Section 2. The City Council of the City of Dickinson, Texas, hereby finds and determines that public convenience and necessity no longer require the continued existence of that portion of the Roadway easement described in Section 3 hereof. Section 3. The roadway easement, more particularly described in Exhibit A attached hereto and made a part hereof for all purposes, located within the City of Dickinson, Galveston County, Texas, is hereby vacated, abandoned, and closed. Section 4. All provisions of the ordinances of the City of Dickinson in conflict with the provisions of this Ordinance are hereby repealed, and all other provisions of the Ordinances of the City of Dickinson not in conflict with the provisions of this Ordinance shall remain in full force and effect. Section 5. In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, or part of this ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this ordinance as a whole or any part or provision hereof other than the part declared to be invalid or CITY OF DICKINSON, TEXAS - ORDINANCE NUMBER XXX-2008 Page 1

104 unconstitutional; and the City Council of the City of Dickinson, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. Section 6. This Ordinance shall be in full force and effect from and after its date of passage, in accordance with the law PASSED AND APPROVED on first reading this day of, PASSED AND APPROVED on second reading this day of, PASSED, APPROVED AND ADOPTED on third and final reading this day of, ATTEST: Julie Masters, Mayor City of Dickinson, Texas Carol L. McLemore, City Secretary City of Dickinson, Texas APPROVED AS TO FORM AND CONTENT: Loren B. Smith, City Attorney City of Dickinson, Texas CITY OF DICKINSON, TEXAS - ORDINANCE NUMBER XXX-2008 Page 2

105 EXHIBIT A TO RESOLUTION XXX-2008

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107 TAB 11

108 Dickinson City Council Agenda Item Data Sheet MEETING DATE June 10, 2008 TOPIC Ordinance Number XXX-2008 AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY NO LONGER REQUIRE THE CONTINUED EXISTENCE OF A PORTION OF A 20 FOOT ROADWAY EASEMENT CONTAINED IN BLOCK 339 OF THE NICHOLSTONE SUBDIVISION, IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED IN VOLUME 93, PAGE 3, OF THE PLAT RECORDS OF GALVESTON COUNTY, TEXAS; VACATING, ABANDONING, AND CLOSING SAID ROADWAY EASEMENT; PROVIDING FOR THE INCORPORATION OF PREAMBLE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. BACKGROUND RECOMMENDATION ATTACHMENTS FUNDING ISSUES As part of the City Hall Project, the City needs to abandon the portion of a 20 foot alley contained in Block 339 of the Nicholstone Subdivision that falls within the Project area. This ordinance accomplishes the necessary abandonment. Once each of the abandonments related to the City Hall Project has been accomplished, each ordinance will be filed with Galveston County and a full survey of the City s property will be undertaken. Staff recommends approval of the Ordinance Ordinance Number XXX-2008 Not applicable Not budgeted Full Amount already budgeted. Funds to be transferred from Acct.# - - SUBMITTING STAFF MEMBER Julie M. Johnston, City Administrator CITY ADMINISTRATOR APPROVAL APPROVAL YES NO ACTIONS TAKEN READINGS PASSED OTHER 1 st 2 nd 3 rd PAGE 1 OF 1

109 ORDINANCE NUMBER XXX-2008 AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY NO LONGER REQUIRE THE CONTINUED EXISTENCE OF A PORTION OF A 20 FOOT ROADWAY EASEMENT CONTAINED IN BLOCK 339 OF THE NICHOLSTONE SUBDIVISION, IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED IN VOLUME 93, PAGE 3, OF THE PLAT RECORDS OF GALVESTON COUNTY, TEXAS; VACATING, ABANDONING, AND CLOSING SAID ROADWAY EASEMENT; PROVIDING FOR THE INCORPORATION OF PREAMBLE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. * * * * * WHEREAS, the City of Dickinson owns the roadway easement more particularly described in Exhibit A attached hereto and made a part hereof for all purposes; and WHEREAS, the City Council hereby determines that such roadway easement should be vacated, abandoned, and closed by the City for the reason that public necessity and convenience no longer require its continued existence. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, THAT: Section 1. The facts and recitations set forth in the preamble of this Ordinance are hereby found to be true and correct. Section 2. The City Council of the City of Dickinson, Texas, hereby finds and determines that public convenience and necessity no longer require the continued existence of that portion of the roadway easement described in Section 3 hereof. Section 3. The roadway easement, more particularly described in Exhibit A attached hereto and made a part hereof for all purposes, located within the City of Dickinson, Galveston County, Texas, is hereby vacated, abandoned, and closed. Section 4. All provisions of the ordinances of the City of Dickinson in conflict with the provisions of this Ordinance are hereby repealed, and all other provisions of the Ordinances of the City of Dickinson not in conflict with the provisions of this Ordinance shall remain in full force and effect. Section 5. In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, or part of this ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this ordinance as a whole or any part or provision hereof other than the part declared to be invalid or CITY OF DICKINSON, TEXAS - ORDINANCE NUMBER XXX-2008 Page 1

110 unconstitutional; and the City Council of the City of Dickinson, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. Section 6. This Ordinance shall be in full force and effect from and after its date of passage, in accordance with the law PASSED AND APPROVED on first reading this day of, PASSED AND APPROVED on second reading this day of, PASSED, APPROVED AND ADOPTED on third and final reading this day of, ATTEST: Julie Masters, Mayor City of Dickinson, Texas Carol L. McLemore, City Secretary City of Dickinson, Texas APPROVED AS TO FORM AND CONTENT: Loren B. Smith, City Attorney City of Dickinson, Texas CITY OF DICKINSON, TEXAS - ORDINANCE NUMBER XXX-2008 Page 2

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113 TAB 12

114 Dickinson City Council Agenda Item Data Sheet MEETING DATE June 10, 2008 TOPIC Ordinance Number XXX-2008 AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY NO LONGER REQUIRE THE CONTINUED EXISTENCE OF A PORTION OF A 20 FOOT ROADWAY EASEMENT CONTAINED IN BLOCK 334 OF THE LUCY SUBDIVISION, IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED IN VOLUME 254, PAGE 35, OF THE PLAT RECORDS OF GALVESTON COUNTY, TEXAS; VACATING, ABANDONING, AND CLOSING SAID ROADWAY EASEMENT; PROVIDING FOR THE INCORPORATION OF PREAMBLE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. BACKGROUND RECOMMENDATION ATTACHMENTS FUNDING ISSUES As part of the City Hall Project, the City needs to abandon the portion of a 20 foot alley contained in Block 334 of the Lucy Subdivision that falls within the Project area. This ordinance accomplishes the necessary abandonment. Once each of the abandonments related to the City Hall Project has been accomplished, each ordinance will be filed with Galveston County and a full survey of the City s property will be undertaken. Staff recommends approval of the Ordinance Ordinance Number XXX-2008 Not applicable Not budgeted Full Amount already budgeted. Funds to be transferred from Acct.# - - SUBMITTING STAFF MEMBER Julie M. Johnston, City Administrator CITY ADMINISTRATOR APPROVAL APPROVAL YES NO ACTIONS TAKEN READINGS PASSED OTHER 1 st 2 nd 3 rd PAGE 1 OF 1

115 ORDINANCE NUMBER XXX-2008 AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY NO LONGER REQUIRE THE CONTINUED EXISTENCE OF A PORTION OF A 20 FOOT ROADWAY EASEMENT CONTAINED IN BLOCK 334 OF THE LUCY SUBDIVISION, IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED IN VOLUME 254, PAGE 35, OF THE PLAT RECORDS OF GALVESTON COUNTY, TEXAS; VACATING, ABANDONING, AND CLOSING SAID ROADWAY EASEMENT; PROVIDING FOR THE INCORPORATION OF PREAMBLE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. * * * * * WHEREAS, the City of Dickinson owns the roadway easement more particularly described in Exhibit A attached hereto and made a part hereof for all purposes; and WHEREAS, the City Council hereby determines that such roadway easement should be vacated, abandoned, and closed by the City for the reason that public necessity and convenience no longer require its continued existence. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, THAT: Section 1. The facts and recitations set forth in the preamble of this Ordinance are hereby found to be true and correct. Section 2. The City Council of the City of Dickinson, Texas, hereby finds and determines that public convenience and necessity no longer require the continued existence of that portion of the Roadway easement described in Section 3 hereof. Section 3. The roadway easement, more particularly described in Exhibit A attached hereto and made a part hereof for all purposes, located within the City of Dickinson, Galveston County, Texas, is hereby vacated, abandoned, and closed. Section 4. All provisions of the ordinances of the City of Dickinson in conflict with the provisions of this Ordinance are hereby repealed, and all other provisions of the Ordinances of the City of Dickinson not in conflict with the provisions of this Ordinance shall remain in full force and effect. Section 5. In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, or part of this ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this ordinance as a whole or any part or provision hereof other than the part declared to be invalid or CITY OF DICKINSON, TEXAS - ORDINANCE NUMBER XXX-2008 Page 1

116 unconstitutional; and the City Council of the City of Dickinson, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. Section 6. This Ordinance shall be in full force and effect from and after its date of passage, in accordance with the law PASSED AND APPROVED on first reading this day of, PASSED AND APPROVED on second reading this day of, PASSED, APPROVED AND ADOPTED on third and final reading this day of, ATTEST: Julie Masters, Mayor City of Dickinson, Texas Carol L. McLemore, City Secretary City of Dickinson, Texas APPROVED AS TO FORM AND CONTENT: Loren B. Smith, City Attorney City of Dickinson, Texas CITY OF DICKINSON, TEXAS - ORDINANCE NUMBER XXX-2008 Page 2

117 EXHIBIT A TO RESOLUTION XXX-2008

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119 TAB 13

120 Dickinson City Council Agenda Item Data Sheet MEETING DATE June 10, 2008 TOPIC Ordinance Number XXX-2008 AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY NO LONGER REQUIRE THE CONTINUED EXISTENCE OF A PORTION OF A 20 FOOT ROADWAY EASEMENT CONTAINED IN BLOCK 340 OF THE LUCY SUBDIVISION, IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED IN VOLUME 254, PAGE 35, OF THE PLAT RECORDS OF GALVESTON COUNTY, TEXAS; VACATING, ABANDONING, AND CLOSING SAID ROADWAY EASEMENT; PROVIDING FOR THE INCORPORATION OF PREAMBLE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. BACKGROUND RECOMMENDATION ATTACHMENTS FUNDING ISSUES As part of the City Hall Project, the City needs to abandon the portion of a 20 foot alley contained in Block 340 of the Lucy Subdivision that falls within the Project area. This ordinance accomplishes the necessary abandonment. Once each of the abandonments related to the City Hall Project has been accomplished, each ordinance will be filed with Galveston County and a full survey of the City s property will be undertaken. Staff recommends approval of the Ordinance Ordinance Number XXX-2008 Not applicable Not budgeted Full Amount already budgeted. Funds to be transferred from Acct.# - - SUBMITTING STAFF MEMBER Julie M. Johnston, City Administrator CITY ADMINISTRATOR APPROVAL APPROVAL YES NO ACTIONS TAKEN READINGS PASSED OTHER 1 st 2 nd 3 rd PAGE 1 OF 1

121 ORDINANCE NUMBER XXX-2008 AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY NO LONGER REQUIRE THE CONTINUED EXISTENCE OF A PORTION OF A 20 FOOT ROADWAY EASEMENT CONTAINED IN BLOCK 340 OF THE LUCY SUBDIVISION, IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED IN VOLUME 254, PAGE 35, OF THE PLAT RECORDS OF GALVESTON COUNTY, TEXAS; VACATING, ABANDONING, AND CLOSING SAID ROADWAY EASEMENT; PROVIDING FOR THE INCORPORATION OF PREAMBLE, A REPEALER CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. * * * * * WHEREAS, the City of Dickinson owns the roadway easement more particularly described in Exhibit A attached hereto and made a part hereof for all purposes; and WHEREAS, the City Council hereby determines that such roadway easement should be vacated, abandoned, and closed by the City for the reason that public necessity and convenience no longer require its continued existence. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, THAT: Section 1. The facts and recitations set forth in the preamble of this Ordinance are hereby found to be true and correct. Section 2. The City Council of the City of Dickinson, Texas, hereby finds and determines that public convenience and necessity no longer require the continued existence of that portion of the roadway easement described in Section 3 hereof. Section 3. The roadway easement, more particularly described in Exhibit A attached hereto and made a part hereof for all purposes, located within the City of Dickinson, Galveston County, Texas, is hereby vacated, abandoned, and closed. Section 4. All provisions of the ordinances of the City of Dickinson in conflict with the provisions of this Ordinance are hereby repealed, and all other provisions of the Ordinances of the City of Dickinson not in conflict with the provisions of this Ordinance shall remain in full force and effect. Section 5. In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, or part of this ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this ordinance as a whole or any part or provision hereof other than the part declared to be invalid or CITY OF DICKINSON, TEXAS - ORDINANCE NUMBER XXX-2008 Page 1

122 unconstitutional; and the City Council of the City of Dickinson, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. Section 6. This Ordinance shall be in full force and effect from and after its date of passage, in accordance with the law PASSED AND APPROVED on first reading this day of, PASSED AND APPROVED on second reading this day of, PASSED, APPROVED AND ADOPTED on third and final reading this day of, ATTEST: Julie Masters, Mayor City of Dickinson, Texas Carol L. McLemore, City Secretary City of Dickinson, Texas APPROVED AS TO FORM AND CONTENT: Loren B. Smith, City Attorney City of Dickinson, Texas CITY OF DICKINSON, TEXAS - ORDINANCE NUMBER XXX-2008 Page 2

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125 TAB 14

126 Dickinson City Council Agenda Item Data Sheet MEETING DATE June 10, 2008 TOPIC Approval of Ordinance Number XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF SECTION OF THE TEXAS TRANSPORTATION CODE, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, ON CERTAIN STREETS AND HIGHWAYS OR PARTS THEREOF WITHIN THE CORPORATE LIMITS OF THE CITY OF DICKINSON, AS SET OUT IN THIS ORDINANCE, TO WIT: ESTABLISHING A SCHOOL ZONE ON FM 517 FROM A POINT 343 FEET WEST OF GEORGIA STREET TO 581 FEET EAST OF WHISPERING ROAD TO REDUCE THE SPEED LIMIT TO THIRTY (30) MILES PER HOUR WHEN THE TRAFFIC CONTROL DEVICE INSTALLED AT THAT LOCATION IS FLASHING; AUTHORIZING THE INSTALLATION OF SIGNAGE IN ACCORDANCE WITH THIS ORDINANCE; PROVIDING FOR THE INCORPORATION OF PREAMBLE; PROVIDING A PENALTY NOT TO EXCEED $ FOR THE VIOLATION OF THIS ORDINANCE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND RECOMMENDATION The City received a letter from TXDOT stating that they had completed a speed zone study along FM 517 in the area of the new Barber Middle School and recommends that a school speed zone be established. The attached ordinance will establish a school zone on FM 517 once the signs have been installed and are flashing. Staff recommends approval of the ordinance. ATTACHMENTS FUNDING ISSUES Ordinance Number XXX-2008 Letter from TXDOT Speed zone strip map No impact on budget. APPROVAL YES NO ACTIONS TAKEN READINGS PASSED OTHER 1 st 2 nd 3 rd PAGE 1 OF 2

127 Dickinson City Council Agenda Item Data Sheet Full Amount already budgeted. Funds to be transferred from Acct.# - - SUBMITTING STAFF MEMBER Carol McLemore, City Secretary CITY ADMINISTRATOR APPROVAL APPROVAL YES NO ACTIONS TAKEN READINGS PASSED OTHER 1 st 2 nd 3 rd PAGE 2 OF 2

128 ORDINANCE NUMBER XXX-2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF SECTION OF THE TEXAS TRANSPORTATION CODE, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, ON CERTAIN STREETS AND HIGHWAYS OR PARTS THEREOF WITHIN THE CORPORATE LIMITS OF THE CITY OF DICKINSON, AS SET OUT IN THIS ORDINANCE, TO WIT: ESTABLISHING A SCHOOL ZONE ON FM 517 FROM A POINT 343 FEET WEST OF GEORGIA STREET TO 581 FEET EAST OF WHISPERING ROAD TO REDUCE THE SPEED LIMIT TO THIRTY (30) MILES PER HOUR WHEN THE TRAFFIC CONTROL DEVICE INSTALLED AT THAT LOCATION IS FLASHING; AUTHORIZING THE INSTALLATION OF SIGNAGE IN ACCORDANCE WITH THIS ORDINANCE; PROVIDING FOR THE INCORPORATION OF PREAMBLE; PROVIDING A PENALTY NOT TO EXCEED $ FOR THE VIOLATION OF THIS ORDINANCE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section of the Texas Transportation Code provides that, whenever the governing body of the City shall determine upon the basis of an engineering and traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or safe under conditions found to exist at any intersection or other place upon any part of a street or highway within the City, taking into consideration the width and condition of the pavement and other circumstances on such portion of said street or highway, as well as the usual traffic thereon, said governing body may determine and declare a reasonable and safe prima facie speed limit thereat or thereon by the passage of an ordinance, which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the street or highway; WHEREAS, the Texas Department of Transportation has conducted a school speed zone study along FM 517 near the new Barber Middle School within the City of Dickinson and, as a result of such speed zone study, has recommended to the City Council that a school zone be established for such area since the new Barber Middle School will open in August of 2008; and WHEREAS, the City Council of the City of Dickinson, Texas, finds that establishment of the requested school zone is in the best interest of the health, safety and welfare of the citizens; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS: CITY OF DICKINSON, TEXAS ORDINANCE NUMBER XXX-2008 Page 1 of 2

129 Section 1. The facts and recitations set forth in the preamble of this Ordinance are hereby found to be true and correct. Section 2. Upon the basis of an engineering and traffic investigation heretofore made as authorized by the provisions of , Texas Transportation Code, the following prima facie speed limits hereafter indicated for vehicles are hereby determined and declared to be reasonable and safe; and such speed limits are hereby fixed at the rate of speed indicated for vehicles traveling upon the named streets and highways, or parts thereof, described as follows: a. Along FM 517 a school zone from a point 343 feet west of Georgia Street to 581 feet east of Whispering Road, a distance of approximately miles, the speed limit shall be 30 MPH WHEN FLASHING. Section 3. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not more than Two Hundred Dollars ($200.00). Section 4. All provisions of the ordinances of the City of Dickinson in conflict with the provisions of this Ordinance are hereby repealed, and all other provisions of the Ordinances of the City of Dickinson not in conflict with the provisions of this Ordinance shall remain in full force and effect. Section 5. In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, or part of this ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Dickinson, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. Section 6. This Ordinance shall be in full force and effect from and after its date of passage, in accordance with the law. DULY PASSED AND APPROVED on first reading this day of, DULY PASSED AND APPROVED on second reading this day of, DULY PASSED, APPROVED AND ADOPTED on third and final reading this day of CITY OF DICKINSON, TEXAS ORDINANCE NUMBER XXX-2008 Page 2 of 2

130 Julie Masters, Mayor City of Dickinson, Texas ATTEST: Carol L. McLemore, City Secretary City of Dickinson, Texas APPROVED AS TO FORM AND CONTENT: Loren B. Smith, City Attorney City of Dickinson, Texas CITY OF DICKINSON, TEXAS ORDINANCE NUMBER XXX-2008 Page 3 of 2

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