April 12, 2011 City Council Special Workshop Meeting 6:00 p.m. City Council Regular Meeting 7:00 p.m.

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1 April 12, 2011 City Council Special Workshop Meeting 6:00 p.m. City Council Regular Meeting 7:00 p.m.

2 COUNCIL WORKSHOP

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5 CITY OF DICKINSON, TEXAS CITY COUNCIL MEETING ATTENDANCE LIST MEETING DATE: APRIL 12, 2011 Workshop Meeting 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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9 PALM DR E OLIVE ST DICKINSON AVE E FM 646 OHIO AVE 19TH ST 20TH ST DEATS RD RODEO BEND RD SUNSET DR W FM 646 SULLIVAN LN WOODLAND DR AVE C 18TH ST OAK RIDGE DR YUPON ST OAK DR 24TH ST 20TH ST 22ND ST 21ST ST 17TH ST AVE I ST 23RD ST 19TH ST NICHOLS AVE M L KING AVE AVE D ST HILL AVE AVE F ST AVE G ST AVE H ST AVE B ST 26TH ST 27TH ST 28TH ST 29TH ST 30TH ST TIMBER DR 25TH ST WYOMING AVE TIMBER DR PINE GROVE DR 21ST ST SH 3 HWY AVE I ST ASH DR CEDAR DR FATTA ST FALCO ST OHIO AVE AVE C ST AVE D ST CENTRAL ST PECAN ST 20TH ST WAGON RD VIRGINIA AVE IMITE ST CHICAGO ST LIGGIO ST OAK PARK 24TH ST 23RD ST TERMINI ST 26TH ST ARKANSAS AVE VENZE ST AVE B ST MARCOS ST 44TH ST 28TH ST MARYLAND AVE NEVADA ST EASY ST VIDEO ST 44TH ST 45TH ST KANSAS AVE FM TH ST 48TH ST KANSAS AVE E 21ST ST E 24TH ST E 25TH ST TEXAS AVE E 30TH ST E 31ST ST E 38TH ST E 28TH ST E 29TH ST E 32ND ST E 33RD ST 42ND ST E 35TH ST E 36TH ST E 40TH ST E FM 517 CALIFORNIA AVE PARK AVE LOBIT DR DAKOTA ST E 27TH ST EDGEWOOD DR MINNESOTA ST ST GOAR ST CASA LN VICTORIA AVE BEATRICE AVE NICHOLS AVE E 26TH ST 43RD ST E 22ND ST E 23RD ST E 27TH ST E 34TH ST E 37TH ST E 39TH ST 44TH ST MISSOURI AVE HAUNA LN E 32ND ST IOWA ST E 34TH ST E 37TH ST E 39TH ST MAPLE DR BAYOU CIR MANOR LN SWEENY DR TALLOW DR FOREST COVE DR HARBOR LIGHT DR PLUM DR OLEANDER DR SH 3 HWY MOWAT ST SAGE ST MELLOW LN CASA GRANDE DR BAYOU DR CIMMARON DR SPRUCE DR IH 45 Legend City Limits OLD BAYOU DR DESEL DR LONGSHADOW DR HUGHES RD SYCAMORE DR BONANZA DR Disclaimer: The City of Dickinson makes no representation or warranty as to the accuracy of this map and its information nor to its fitness for use. Any user of this map product accepts the same AS IS, WITH ALL FAULTS, and assumes all responsibility for the use thereof, and further agrees to not hold the City of Dickinson liable from any damage, loss, or liability arising from any use of the map product. Independent verification of all information contained on this map should be obtained by the end user. Dickinson Economic Development Corporation 218 FM 517 West Dickinson, TX (281) Dickinson GIS UTLEY DR BENOIST DR I 1 " = 1,618 '

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11 ADJOURN TIME: MOTION: SECOND: VOTE

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13 FUTURE CITY COUNCIL AGENDA ITEMS April, /26/2011 Special Council Workshop o Town Hall Meeting on Sales Tax Election May, 2011 Regular Council Meeting o Update on City Hall/Library Project o Update on Hurricane Ike CDBG Grant Projects o Update on Public Works Projects o Final Re-plat of DISD Transportation Facility o First Reading of Ordinance Amending Drainage Criteria including adoption of Standard Inlet Regulations o First Reading of Ordinance Requiring SUP s for Department Stores and General Merchandise Stores in Neighborhood Commercial o Second Reading of Amendment to Sign Ordinance o Second Reading of Ordinance Canceling Election and Declaring Candidates elected. o Appointment of Early Voting Ballot Board Judge and Alternate Judge o Resolution Approving Revisions to Capitalization Policy o Resolution Amending Master Fee Schedule (EMS Fees) o Resolution Amending Master Fee Schedule (Banner Fees) o Evaluation of City Administrator 05/10/2011 Special Council Workshop o Quarterly Financials and Investment Report o Master Fee Schedule for Building Permits o Briefing on Rain Garden Project at Dickinson Public Library Regular Council Meeting o Update on City Hall/Library Project o Approve Purchase of Uninterruptible Power Supply for Library o Update on Hurricane Ike CDBG Grant Projects o Update on Public Works Projects o Second Reading of Ordinance Amending Drainage Criteria including adoption of Standard Inlet Regulations o Second Reading of Ordinance Requiring SUP s for Department Stores and General Merchandise Stores in Neighborhood Commercial o Resolutions Appointing Municipal Court Judge and Alternates o First Reading of Ordinance Amending General Fund Budget Future Agenda Items Page 1 of 3

14 o First Reading of Ordinance Amending DEDC Budget 05/24/2011 Special Council Workshop o City Administrator s Briefing o Briefing on Red, White & Bayou Crawfish & Texas Music Festival June, 2011 Regular Council Meeting o Update on Hurricane Ike CDBG Grant Projects o Update on Public Works Projects o Update on Dickinson Bayou Watershed Steering Committee Meeting o Resolution Canvassing Results of Election and Declaring Election Results 06/14/2011 Special Council Workshop o City Administrator s Briefing Regular Council Meeting o Update on Hurricane Ike CDBG Grant Projects o Update on Public Works Projects o Update on Galveston County Transit District 06/28/2010 Special Council Workshop o July, 2011 Regular Council Meeting o Update on Hurricane Ike CDBG Grant Projects o Update on Public Works Projects 07/12/2011 Special Council Workshop o City Administrator s Briefing Regular Council Meeting o Update on Hurricane Ike CDBG Grant Projects o Update on Public Works Projects 07/26/2011 Special Council Workshop Regular Council Meeting o Update on Hurricane Ike CDBG Grant Projects Future Agenda Items Page 2 of 3

15 o Update on Public Works Projects o Update on Dickinson Bayou Watershed Steering Committee Meeting Future Agenda Items Page 3 of 3

16 STAFF REPORTS

17 CITY OF DICKINSON MEMORANDUM To: From: Cc: Honorable Mayor and City Council Kevin Byal, Chief Building Official Julie Johnston, City Administrator Date: April 1, 2011 RE: Community Development Activity Report During the month of March, Community Development staff completed the following activities: Community Development Activity Report March New Commercial Building Permits 1 New Residential Building Permits 7 Commercial Addition / Remodel 0 Residential Addition / Remodel 23 Miscellaneous Permits 27 Building Permits Issued 31 Electrical Permits 12 Mechanical Permits 12 Plumbing Permits 16 Plans reviewed 39 Contractor Registration (new/renewal) 32 Building Inspections Conducted 261 Code Enforcement Cases 143 Code Enforcement Inspections 268 Permit Tech Customer Contacts 422 Planning & Zoning Cases 4 Board of Adjustment Cases 0 Pre-Development meetings 8 Zoning Inquires 6 Valuation of Construction Permitted $1,503, Permit Fees Collected $18,769.23

18 Irma Rivera 4403 HWY 3 Dickinson, Texas (281) (281) fax irivera@ci.dickinson.tx.us To: Honorable Mayor and City Council From: Irma Rivera, Court Administrator CC: Julie Johnston Date: April 7, 2011 Re: Monthly Staff Report VIOLATIONS FILED FOR FEBRUARY 2011 Police Department 360 Municipal Court 52 TEXAS DEPT OF PUBLIC SAFETY 7 TRANSFERED OUT 0 Animal Control 0 Code Enforcement 0 RESERVE OFFICER 0 Total Filed Violations WARRANTS ISSUED FOR JANURAY 2011 Police Department 234 Municipal Court 98 TEXAS DEPT OF PUBLIC SAFETY 4 TRANSFERED OUT 5 Animal Control 0 Code Enforcement 0 RESERVE OFFICER 0 Total Warrants Issued 341 WARRANTS CLEARED FOR JANUARY 2011 Police Department 275 Municipal Court 128 TEXAS DEPT OF PUBLIC SAFETY 4 TRANSFERED OUT 6 Animal Control 4 Code Enforcement 3 RESERVE OFFICER 1 Total Warrants Cleared 421

19 Court calendar for April as follows: April 6 th & 13 th Adult Arraignment Hearings April 25 th Pre-Trial Hearing April 27 th Adult Bench Hearing o o o Connie Mraz will be attending her required Regional Clerks Seminar being held at Corpus Christi at Omni Hotel April 18 th thru 20 th. Also in attendance will be Bailiff Officer Ken Heimann for his required Bailiffs/Warrant Officers Seminar. On April 7, 2011 Karolyn D. Williams from the Office of the Court of Administration will be coming in to speak to Irma Rivera regarding the Court s procedures and programs that have been established for collection of outstanding fees. Attached 2011 Warrant Round Up Statistics. Great success was made due in part to all who were involved. Linebarger Goggin Blair & Sampson, along with the Court staff, sent out numerous flyers to get defendants to come in or call to get information about what could be done to resolve their warrants. Excellent work was done by the Court staff in gathering information as defendants made contact with the Court. Numerous defendants paid in person, and several payments plans were set. Thanks to Julie Johnston and Tony Valdez for the press release and marquee signs that went up during the warrant round up. Thank you to the Police Department for their great effort in bring in defendants, placing warrant door hangers and assisting other cities as they looked for their defendants. Special thanks go out to Warrant Officer EJ Juarez for his tireless effort in helping the Court make this a very successful year. Page 2

20 COURT CALLS USING CONNECT CTY This is the Dickinson Municipal Court calling you in regards to your payment agreement you have set up with the court. Court records show that you are past due and if payment or payments are not paid by Tuesday, February 8th, 2011 before noon the court will be issuing a warrant for your arrest Wednesday, February 9th, If you need information on the amount you owe contact the court at or Thank you and have a nice day. Total Contacts Selected = 60 Total Unique Deliveries = 122* Successful Deliveries = 90 (73.8%) Unsuccessful Deliveries = 32 (26.2%) Successful Deliveries 90 Answering Machine 45 Live Delivery 45 Unsuccessful Deliveries 32 Bad Phone Number 3 Hangup 4 No Answer 19 Phone Network Busy 2 Undeliverable 4 Total Unique Deliveries 122 * Total E- mail Selected 8 Page 3

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22 Dickinson Public Library Memo To: Mayor and Council From: Vicki McCallister CC: Julie Johnston Date: April 7, 2011 Re: Staff Report for March 2011 In March of 2011, 6623 citizens visited the Library and 3088 others accessed the Library website. In house, 2495 patrons used the Library s 15 regular public access computers and also the15 minute Express computer. 5,830 items were checked out for home use. In addition, 135 patrons received new Library cards. Also in March, the Library met with the Galveston County Extension Office and Keep Dickinson Beautiful concerning the development of a rain garden on the south side of the Library building. The Extension Office has received a grant that they wish to use for the rain garden which is intended to absorb excess rainwater from the downspouts of roofs. This was just a preliminary meeting. More information is being obtained and the City Manager will be kept informed. Council will be briefed at the first meeting May on this project. A pilot program was established with the Library s new Peewee PC computer and desk. Located in the preschool area of the Library, this program s purpose is to provide pre-school 2-6 year olds with practice in computer skills that they may not have access to before starting Kindergarten. Loaded with many learning games that do not require reading and writing, the children are learning all types of skills they will need when entering public school at the same time they are having fun. Please, encourage any children of the proper age to come and play with Peewee PC! The librarian attended the second half of the William King Cole Series for 2011, sponsored by the Texas City Management Association and held at South Shore Conference Center. Session II focused more on management, covering such areas as Leadership, Effective Communication, Economic Development and Growth, and Human Resources and City Management. The course is not designed just for City Managers or Department Heads. The information provided would be helpful to anyone involved with a municipality in any capacity. 1

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24 DICKINSON POLICE DEPT. To: Mayor & Council Members From: Chief Ron Morales Date: April 5, 2011 Re: March 2011 Administrative Services Jack Wright was hired as a full-time communications operator. Jack comes to Dickinson with experience in the FAA as an air traffic controller and as a System Test Engineer and Simulation Controller with the Johnson Space Center. Jack is married and resides in League City, TX. We welcome him to our law enforcement family. Communications Operator Alun Thomas was awarded the Telecommunicator of the Year Award for 2010 by the Galveston County Emergency Communications District. The police department is making inquiries into purchasing a replacement Uninterruptible Power Supply (UPS) system to support the Communication Center and Computer Room environments in the police department during the event of a power failure. Took delivery of 3 new law enforcement vehicles. Patrol Division Officer Jim Johnson was brought back from the Auto Theft Task Force and was promoted to Sergeant, leading the B shift. Sgt. Jay Jaekel was promoted to Captain and will be over the Patrol Division. Officer David Donaldson, who was injured in a fleet motorcycle accident, is out of the hospital and recovering at home. Jailer Stephen Rogers has resigned in order to devote more time to his business Racks of Food. Criminal Investigation Division On March 3rd & 4th, CID, Patrol and Motors ran a Mardi Gras detail on the freeway businesses impacted by the event. The two day operation resulted in the arrest of 45 people on 60 charges. On March 17th, the Narcotics Unit with assistance from DEA, executed a search warrant at a residence in the 2100 block of Green Lee Lane in Dickinson. This location was the target of numerous citizen complaints. Officers recovered 6.7 grams of crack cocaine, 3 grams of powder cocaine and 28 grams of hydroponic marijuana. A stolen handgun was also recovered. A 31 yr old W/M from Dickinson was charged with Possession of Cocaine with Intent to Deliver and Felon in Possession of Firearm. A 37 yr old W/M from Texas City was charged with Misdemeanor Possession of Marijuana. A 48 yr old W/M from Dickinson was charged with Public Intoxication and Possession of Narcotic Paraphernalia.

25 On March 31st, the Narcotics Unit taught a class on narcotics enforcement to the Dickinson Citizen s Police Academy. Detectives investigated a reported forgery case involving fictitious doctor s return to school notes that were presented to two DISD schools. The attendance clerk at Dickinson High School received one of the notes and noticed that it was not the right color. The investigation revealed that the mother of the students had produced the notes and sent them to the schools with her children. Misdemeanor Forgery charges have been filed and a warrant requested. One of Dickinson s Most Wanted Charles Pinder Sr., turned himself in after he was featured as a wanted person on a Houston television station. Pinder had been charged, along with his son, Charles Pinder Jr., with Forgery Against an Elderly Person in connection with cashing several checks on a Dickinson woman s checking account. Mr. Pinder had been contacted by relatives after he was profiled o the TV news and then turned himself in at the Galveston County Jail. Crime Prevention & Community Policing Assisted in the Warrant Round-up Assisted the 50 s Club with their membership booth Participated in career day at K.E. Little Elementary School Operated a safety booth at Runge Park for the Crisis Center benefit Made a presentation to the Cheyenne Home Owners Association VOCA Grant Activities Assisted 45 Families (total of 74victims served). Contacted 48 victims by mail; 5 by phone; held 5 personal visits. Information Technology Transferred the public desktop computers in the Library from COMCAST to the new Phonoscope Internet connection. Met with a Phonoscope field engineer to explore the possibility of installing Internet connections at the Historic Railroad Center and the Public Works facility. Implemented a 3rd contractual administrative day with PC & Cable to support the Library IT operations. The additional day became necessary because Library network administrator Scottie Baugh resigned during the month of March Provided continuous network support to all city departments.

26 Norman Hicks Dickinson Public Safety 4403 Hwy 3, Dickinson, TX (281) (281) fax ci.dickinson.tx.us TO: FROM: Honorable Mayor and City Council Members City Attorney Norman Hicks Dickinson Public Safety DATE: April 4, 2001 SUBJECT: Monthly Report Response: Dickinson Public Safety EMS had an average response time for the March 2011 of approximately 8 minutes. In March 2011 EMS received 173 calls for service. There were 150 patient encounters with 102 transports and 1 fatality. Revenue: EMS collections for March 2011 made by Intermedix, totaled $40, Delinquent EMS collection made by our contracted company, Credit Collections Inc., totaled $25.00 for the month of March Dickinson Public Safety Personnel: Dickinson Public Safety received Medic 2 form Frazer with the new Dodge Chassis and placed it into service. Staff anticipates the new unit should help curb vehicle maintenance costs. Dickinson Public Safety Staff assisted with the Dickinson Bayou Trash Bash Dickinson Public Safety would like to welcome our newest member to our full time staff of Firefighter Paramedics, Steve McDonald, who comes to us from Brady, TX. MEMORANDUM Page 1 Dickinson Public Safety monthly report

27 TO: FROM: Honorable Mayor and City Council Members Kellis George, Director of Public Works DATE: April 1, 2011 SUBJECT: Monthly Project Report March 2011 Culvert Cleaning The Department cleaned storm culverts at the following location(s) in March for a total of 68 feet in culvert cleaning: 68 feet at 105 Ave J Pothole Repairs A pothole patching crew has been continuously out repairing potholes. Street Light Outages Staff is continually working on identifying and tracking the progress of street light outages. Civic Services The Public Works staff is continually working on handling all requests submitted on Civic Services. Street Sweeping Staff completed sweeping Deats Road. Winding Brook Drainage Project Culverts were installed and the project was completed in mid-march. Avenue J AAA Asphalt has completed reconstruction on Avenue J. A final walk through will take place at the beginning of April. Oakridge & Sunset All concrete on Oakridge Drive has been poured. Sub-grade work on Sunset Drive is half way through. Water, Timber, Elm & Birch A contract with LJA Engineering has been approved by City Council. Southwest Laboratories is currently completing the Geotechnical work for all streets. PUBLIC WORKS MONTHLY PROJECT REPORT MARCH 2011 Page 1

28 Storm Water Management Plan Staff has borrowed a DVD from the City of Webster for employee training on the subject. The Public Works Department, City Hall, EMS, and the Police Department have watched the video. The DVD will now be passed on to WCID employees. Ms. Ana Garcia attended a Storm Water Webinar at League City on March 16 th. A Storm Water Collaborative Meeting is scheduled at the Health District on April 20 th. Comprehensive Drainage Study Staff has been working on identifying potential inhouse drainage projects from the Hot Spot list in the Comprehensive Drainage Study and creating estimates for those projects. Winding Brook Drive and Liggio Street have been completed. Work on Plantation Drive and East Bayou Drive, which has already been approved by Council, will be scheduled once materials are ordered and received. Public Works Staff is working with Rich Gallegos at HDR Claunch & Miller to identify alternatives for the concrete lining behind Thornwood Circle. Cherry Drive Bridge According to Todd Corbin at TXDOT, the contractor should resume work on Monday, April 4 th. Incentive Program The objective for the second quarter was Teamwork. Douglas Lowther received the highest amount of points, while Willie Campbell received the second highest amount of points for the quarter. The objective for the third quarter will be Results Oriented. Communications Plan for Infrastructure Projects Public Works staff, with the help of Mitchell Daughrity of WCID #1, created a map with all the approved projects for the City. The City will continue to update the map as more projects are added and will post the maps at City Hall and the Public Works Office. Connect CTY will also be used more to inform residents of projects in their area. Red, White & Bayou Staff has been gearing up for the 2 nd Annual Red, White & Bayou Crawfish and Texas Music Festival. We are currently seeking quotes for the fencing around the event area. PUBLIC WORKS MONTHLY PROJECT REPORT MARCH 2011 Page 2

29 REGULAR COUNCIL MEETING

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

36 CITY OF DICKINSON, TEXAS CITY COUNCIL MEETING ATTENDANCE LIST MEETING DATE: APRIL 12, 2011 Regular Meeting 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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38 PROCLAMATIONS AND ANNOUNCEMENTS NOTES:

39 PROCLAMATION WHEREAS, the Galveston County Health District will be observing National Public Health Week the week of April 4-10, 2011, in an effort to inform all citizens of the many public services provided by the Galveston County Health District and how they can help or serve the citizens of Galveston County and cities; and WHEREAS, the Health District urges all citizens to engage in healthy lifestyles through exercising, eating properly and striving for a healthy community; and WHEREAS, the Health District regularly promotes health information critical to the total wellness of all residents, which will empower them to take responsibility for their health and wellbeing; and WHEREAS, the Health District collaborates with others in the Galveston County Community to meet the public health needs of all our citizens; and WHEREAS, the Health District Operates environmental programs which work to insure the safety of our food, water, and air in Galveston county; and WHEREAS, the Health District conducts annual immunization drives for Back-to-School, National Infant Immunization Month and seasonal flu with a goal of eliminating preventable illnesses among children and adults; and WHEREAS, the Health District operates the 4Cs clinics which provide high quality primary and preventive health care for all residents of Galveston County including the medicallyunderserved; and WHEREAS, the Health District is improving public health preparedness to deal with naturallyoccurring and intentional disease outbreaks by educating residents and recruiting volunteers to assist in mass dispensing clinics; and WHEREAS, the Health District provides timely, competent emergency medical services through the operations of the Galveston Area Ambulance Authority; and WHEREAS, Health District disease investigators track and evaluate reportable diseases to identify outbreaks and quickly reduce the spread of infectious diseases NOW, THEREFORE, I Julie Masters, Mayor of the City of Dickinson, in the great State of Texas, do hereby proclaim the week of April 4-10, 2011, as National Public Health Week in the City of Dickinson and urge all citizens to observe this week by helping families, friends, neighbors, co-workers and leaders understand the importance of wellness and community health in Galveston County and cities. IN OFFICIAL RECOGNITION WHEREOF, I hereby affix my signature and seal this 12 th day of April, Julie Masters, Mayor

40 City of Dickinson PROCLAMATION WHEREAS, Parkinson s Disease is a progressive neurological movement disorder of the central nervous system, for which there is no cure; and WHEREAS, according to the Parkinson s Action Network, Parkinson s Disease Foundation, The National Parkinson Foundation, the American Parkinson Disease Association and the National Institutes of Health, there are over one million Americans diagnosed with Parkinson s Disease; and WHEREAS, increased education and research are needed to help find more effective treatments with less side effects and ultimately a cure for Parkinson s Disease; and to provide more effective support programs and services to Parkinson s Disease patients, their caregivers and families; and WHEREAS, Gulf Parkinson s Source has recently been organized to serve as a resource and provide support for individuals and families who are affected by Parkinson s; and WHEREAS, Gulf Parkinson s Source is celebrating National Parkinson s Awareness Month in the month of April for all to recognize the need for more research and help with dealing with the devastating effects of Parkinson s Disease. NOW THEREFORE I, JULIE MASTERS, Mayor of the City of Dickinson, in the great state of Texas, proclaim the month of April, 2011 as PARKINSON S AWARENESS MONTH in the City of Dickinson, and encourage all citizens to join me in supporting and encouraging Gulf Parkinson s Source in their quest to provide a much-needed resource for those individuals and families whose lives are affected by Parkinson s. In official recognition whereof, I hereby affix my signature and the seal of Dickinson, Texas on this the 12th day of April, Julie Masters, Mayor

41 City of Dickinson PROCLAMATION WHEREAS, children are the embodiment of innocence and our hope for the future, and every child deserves to grow up in a nurturing environment, free from harm and fear. Sadly, however, child abuse is a reality, a problem we must relentlessly combat through awareness, education and action, and WHEREAS, every responsible person will agree that even one abused child is one too many, but still our state's child protection caseloads are evidence of the shameful fact that child abuse is a widespread issue in Texas; and WHEREAS, Over 68,000 children were confirmed victims of child abuse and neglect in Texas just last year, and over 3300 children living in Galveston County were reported to be victims of child abuse or neglect; and WHEREAS, when abuse or neglect occurs, we have a duty to report it to the appropriate authorities. All responsible citizens must do what is necessary to resolve this insidious issue; and WHEREAS, there are many ways we can make a difference. Through education and awareness like parenting programs, programs that strengthen families, learning the signs of abuse, teaching young children about appropriate touches, sharing information with teens about healthy dating, offering a helping hand to stressed out/fatigued parents, reporting suspected abuse, all these initiatives, discourage child abuse; and WHEREAS, to significantly impact Child Abuse, partnerships must be established between citizens, agencies, schools, religious organizations, law enforcement, and business communities to work together and make every effort to promote programs that benefit children and strengthen families. NOW THEREFORE I, Julie Masters, Mayor of the City of Dickinson, in the great state of Texas, proclaim April, 2011 as Child Abuse Prevention and Awareness Month in the City, and encourage all citizens to join me in renewing our commitment to preventing child abuse and to learning what we can do to promote the safety and well-being of our community s children. In official recognition whereof, I hereby affix my signature and the seal of Dickinson, Texas on this the 12 th day of April, Julie Masters, Mayor

42 PROCLAMATION OF MARCH AS FAIR HOUSING MONTH WHEREAS WHEREAS WHEREAS Title VIII of the Civil Rights Act of 1968, as amended, prohibits discrimination in housing and declares it a national policy to provide, within constitutional limits, for fair housing in the United States; and the principle of Fair Housing is not only national law and national policy, but a fundamental human concept and entitlement for all Americans; and the anniversary of this National Fair Housing Law, during the month of April, provides an opportunity for all Americans to recognize that complete success in the goal of equal housing opportunity can only be accomplished with the help and cooperation of all Americans. NOW, THEREFORE, WE, the City Council of the City of Dickinson, do proclaim April as Fair Housing Month in City of Dickinson and do hereby urge all the citizens of this locality to become aware of and support the Fair Housing law. IN WITNESS WHEREOF we have affixed our signatures and seal on this the 12 th day of April, Julie Masters, Mayor Walter Wilson, Mayor Pro Tem Charles Suderman, Councilman Mary Dunbaugh, Councilwoman Kerry Neves, Councilman Louis Decker, Councilman William H. King, III, Councilman Attest: Carol L. McLemore, City Secretary

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46 Julie Masters, Mayor Charles Suderman Mary Dunbaugh Walter Wilson, Mayor Pro Tem MINUTES City of Dickinson CITY COUNCIL SPECIAL WORKSHOP MEETING MARCH 22, 2011 Kerry Neves Louis Decker William H. King III Julie M. Johnston, City Administrator The Dickinson City Council met in a duly called and announced SPECIAL WORKSHOP MEETING on TUESDAY, MARCH 22, The meeting was held in the City Council Chambers located at 4403 Highway 3, Dickinson, Galveston County, Texas, and was held for the purpose of considering the following items: ITEM 1.) CALL TO ORDER AND CERTIFICATION OF A QUORUM Mayor Masters called the meeting to order at 6:00 p.m. City Secretary Carol McLemore called roll and certified a quorum. Council Members present were as follows: Mayor Julie Masters, Mayor Pro Tem Walter Wilson and Council Members Charles Suderman, Mary Dunbaugh, Kerry Neves, Louis Decker and William King. Also present were City Administrator Julie Johnston, Chief Ron Morales, Public Works Director Kellis George, Finance Director Mary Young, Building Official Kevin Byal and Court Administrator Irma Rivera. ITEM 2.) DISCUSSION AND DIRECTION CONCERNING: Process for Appointing Permanent Presiding and Alternate Municipal Court Judges. City Administrator Julie Johnston informed Council that Richard Cope s health problems had improved significantly, and he was interested in becoming the Presiding Municipal Court Judge again. She also noted that Kathleen McCumber and Miles Whittington had been appointed Presiding Judge and Alternate Judge, respectively, until May 14, She asked for Council s direction with regard to appointing a Presiding and Alternate Municipal Court Judge after May 14, After some discussion, it was the consensus of Council that Richard Cope be appointed as Presiding Municipal Court Judge beginning May 15, 2011, if he provides a release from his physician. Additionally, Council directed that Judge McCumber be appointed Alternate Municipal Court Judge beginning May 15, ITEM 3.) DISCUSSION AND DIRECTION CONCERNING: The Creation of Another Commercial Zoning District to Accompany the Neighborhood Commercial (NC) and the General Commercial (GC) Zoning Districts. Building Official Kevin Byal gave a brief power point presentation concerning creating an additional Commercial Zoning District to give more definition and direction in zoning businesses in the Neighborhood Commercial and General Commercial Zoning Districts. After some discussion, it was the consensus of March 22, 2011 Council Workshop Minutes Page 1 of 2

47 Council that more information was needed before adding another layer of zoning that might become problematic for developers. ITEM 4.) DISCUSSION AND DIRECTION CONCERNING: Reclassification of the Sign District Designation for FM 646 from Sign District Zone C to Sign District Zone B. Building Official Kevin Byal gave a power point presentation concerning the need to reclassify the sign district designation for FM 646 south of FM 517. After some discussion, it was the consensus of City Council to change the designation from Sign District Zone C to Sign District Zone B for properties along FM 646 south of FM 517 to 2 nd Street. The City Administrator noted that an ordinance would be placed on a future Council agenda to approve the change. ITEM 5.) ADJOURN Mayor Pro Tem Wilson made a motion to adjourn the meeting at 6:54 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 the 12 th day of April, Julie Masters, Mayor ATTEST: Carol L. McLemore, City Secretary March 22, 2011 Council Workshop Minutes Page 2 of 2

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49 Julie Masters, Mayor Charles Suderman Mary Dunbaugh Walter Wilson, Mayor Pro Tem MINUTES City of Dickinson CITY COUNCIL REGULAR MEETING Kerry Neves Louis Decker William H. King III Julie M. Johnston, City Administrator MARCH 22, 2011 The Dickinson City Council met in a duly called and announced REGULAR MEETING on TUESDAY, MARCH 22, The meeting was held in the City Council Chambers located at 4403 Highway 3, Dickinson, Galveston County, Texas, and was held for the purpose of considering the following items: ITEM 1.) CALL TO ORDER AND CERTIFICATION OF A QUORUM Invocation and Pledge of Allegiance Mayor Julie Masters called the meeting to order at 7:03 p.m. William King gave the Invocation and Louis Decker 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 Walter Wilson and Council Members Charles Suderman, Mary Dunbaugh, Kerry Neves, Louis Decker and William King. Also present were City Attorney, Loren Smith, City Administrator Julie Johnston, Police Chief Ron Morales, Public Works Director Kellis George, Finance Director Mary Young, Fire Marshal Norman Hicks, Building Official Kevin Byal, Fire Chief Keith Morgan and DVFD President Mark Morgan. ITEM 2.) PROCLAMATIONS AND COUNCIL COMMENTS: Council commented on the following topics: Welcome to everyone present and thanks for coming Volunteers needed for Trash Bash on Saturday, March 25 Knights of Columbus Fish Fry on Fridays through April 15 Wording on Pledge of Allegiance to the Flag Dickinson Historical Society Night of Wine and Roses Fundraiser on April 29 Career Day at K. E. Little Elementary 911 Board Meeting and recognition of Alan Thomas Dickinson Economic Development Corporation Meeting held March 21 Request for information on Ambulance Run made December 12 International Conference of Police Chaplains held in Little Rock, Arkansas Food Distribution on April 12 at New Jerusalem Baptist Church Family of Friends Day on April 27 DCPAAA sponsoring State Convention in Galveston on August Encouraging everyone to vote in the May 14 Election March 22, 2011 Regular Council Minutes Page 1 of 6

50 ITEM 3.) PUBLIC COMMENTS: There were no comments from the public ITEM 4.) CONSENT AGENDA: CONSIDERATION AND POSSIBLE ACTION: The following items were considered routine by the City Council and were enacted by one motion. There was not a separate discussion on these items. A. Approval of Minutes of Special Council Workshop of March 8, 2011 B. Approval of Minutes of Regular Council Meeting of March 8, 2011 C. Approval of Minutes of Special Council Meeting of March 14, 2011 Councilman Suderman made a motion to approve the Consent Agenda. Mayor Pro Tem Wilson 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 CONCERNING: Update on Public Works Projects A. Winding Brook Drainage Project Public Works Director Kellis George informed Council that the Winding Brook Drainage Project had been completed. B. Thornwood Circle Drainage Project Mr. George presented estimates for the work to be done on the Thornwood Circle Drainage Project. After some discussion, Council directed staff to get cost estimates on piping the ditch instead of utilizing a concrete V-ditch and to have HDR/Claunch & Miller make sure that the other inlets would be sufficient to handle the flow of water if the ditch was piped. C. Lovers Lane Reconstruction Project City Administrator Julie Johnston informed Council that the variances needed for the Lovers Lane Reconstruction project would be on the next Council agenda. D. Tropical Gardens Flood and Drainage Improvement Project Kellis George gave a brief update on the project. March 22, 2011 Regular Council Meeting Minutes Page 2 of 6

51 E. 44 th Street (west of Highway 3 to Timber) Reconstruction Project The City Administrator informed Council that the Dickinson Economic Development Corporation was considering this street for one of its future projects. F. Timber Drive, Birch Street, Water Street and Elm Street Reconstruction Projects Mr. George noted that these streets were in the design phase, and City staff had attended a pre-design meeting with LJA Engineering. G. Country Club Drive Reconstruction Project The City Administrator noted that WCID#1 would be replacing utility lines on Country Club and had it in their budget to reconstruct Country Club in asphalt. She said that they would get an alternate bid on concrete if the City was interested in paying the difference between the asphalt and concrete. It was the consensus of Council to get the alternate bid and pay for the upgrade. H. County Bond Projects Owens Drive and Hughes Road East of Highway 3 The City Administrator outlined the information she had received from County Engineer Mike Fitzgerald concerning the shortfalls in the County bond funds for these two projects and noted that the County wanted the City to make up the differences. After some discussion, Council gave the following direction: Do not put Hughes Road project out for bid until after going through bid process for Owens Drive. Go out for bid on Owens Drive utilizing the curb and gutter/subsurface storm sewer design but list the sidewalk as an Add Alternate on the bid so the Council can then determine if it wants to do the sidewalk as part of the project. Once the County gets the bid back on Owens Drive, Council wants to discuss the bids with the County before an award is made. After seeing what the bids look like for Owens Drive, then evaluate whether and how to proceed with the Hughes Road project. ITEM 6.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Update on Hurricane Ike CDBG Grant Projects. The City Administrator gave a brief update on Round 2 funding process. ITEM 7.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Update on Dickinson Bayou Watershed Steering Committee Meeting. March 22, 2011 Regular Council Meeting Minutes Page 3 of 6

52 Councilman Decker gave a brief update on the recent meeting of the Dickinson Bayou Watershed Steering Committee Meeting and noted that the committee would begin meeting every other month instead of every month. ITEM 8.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ordinance Number AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, REVISING SUBSECTION (g), NO PARKING ZONES, OF SECTION 10-3, TRAFFIC-CONTROL DEVICES, OF CHAPTER 10, MOTOR VEHICLES AND TRAFFIC, OF THE CODE OF ORDINANCES OF THE CITY OF DICKINSON, TEXAS, TO PROHIBIT STOPPING, STANDING OR PARKING OF A MOTOR VEHICLE ON CERTAIN STREETS AT ALL TIMES; PROVIDING FOR THE INCORPORATION OF PREAMBLE; PROVIDING FOR A PENALTY NOT TO EXCEED $200 AND THAT EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES SHALL BE DEEMED A SEPARATE OFFENSE; AND PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE (Second of three readings.) Mayor Masters read the ordinance by caption only. Councilman Suderman made a motion to adopt Ordinance Number on second and final reading, suspending the third reading. Councilman King seconded the motion. VOTE: 6 AYES (Suderman, Dunbaugh, Wilson, Neves, Decker and King) 0 NAYS MOTION PASSED. NEW BUSINESS ITEM 9.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Resolution Number A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DICKINSON, TEXAS AND DICKINSON POLICE OFFICERS ASSOCIATION FOR FISCAL YEAR ; PROVIDING FOR THE INCORPORATION OF PREMISES; AUTHORIZING EXECUTION OF THE AGREEMENT BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. Mayor Masters read the ordinance by caption only. Mayor Pro Tem Wilson made a motion to adopt Resolution Number Councilman Suderman seconded the motion. March 22, 2011 Regular Council Meeting Minutes Page 4 of 6

53 VOTE: 6 AYES (Suderman, Dunbaugh, Wilson, Neves, Decker and King) 0 NAYS MOTION PASSED. ITEM 10.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Official Position Concerning Mariposa at Calder Drive Development on the North Side of FM 517 and West of FM 646 in League City. The City Administrator noted that Council had taken a position of supporting the Mariposa at Calder Drive Development last year, but the developer did not get funding for the project and he was reapplying. She asked if Council wanted to send confirmation of their support for the project again. Councilman Suderman made a motion to confirm Council s support for this project. Councilwoman Dunbaugh seconded the motion. VOTE: 4 AYES (Suderman, Dunbaugh, Wilson, and King) 2 NAYS (Neves and Decker) MOTION PASSED. ITEM 11.) BRIEFING, DISCUSSION AND DIRECTION CONCERNING: Implementing a Program to Charge Mitigation Rates for the Deployment of Emergency Services by the Dickinson Volunteer Fire Department for Services Provided for the City of Dickinson. Dickinson Volunteer Fire Department President Mark Morgan gave a power point presentation on a program to charge mitigation rates for the deployment of certain emergency services by the Dickinson Volunteer Fire Department. After some discussion, it was the consensus of Council that they would be interested in the program but would need to see more information on which services would be included in the charges. ITEM 12.) EXECUTIVE SESSION: The City Council held 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 Deliberate the purchase, exchange, lease, value or sale of real property. Mayor Masters recessed the meeting into Executive Session at 8:15 p.m. ITEM 13.) RECONVENE Mayor Masters reconvened the meeting at 8:31 p.m. March 22, 2011 Regular Council Meeting Minutes Page 5 of 6

54 ITEM 14.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Matters Discussed in Executive Session. ITEM 15.) ADJOURN There was no action taken on matters discussed in Executive Session. Councilman Suderman made a motion to adjourn the meeting at 8:32 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 the 12 th day of April, ATTEST: Julie Masters, Mayor Carol L. McLemore City Secretary March 22, 2011 Regular Council Meeting Minutes Page 6 of 6

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56 Dickinson City Council Agenda Item Data Sheet MEETING DATE April 12, 2011 TOPIC: Resolution Number XXX-2011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT FOR SERVICES BY AND BETWEEN THE CITY OF DICKINSON, AND AUTOMATED LOGIC CONTRACTING SERVICES, INC AS CONTRACTOR FOR ENERGY EFFICIENCY UPGRADES AT THE DICKINSON HISTORIC RAILROAD CENTER; AUTHORIZING THE MAYOR TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE SUCH AGREEMENT; PROVIDING FOR THE INCORPORATION OF PREMISES; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND The Energy Efficiency Conservation Block Grant (EECBG) program, authorized in Title V, Subtitle E of the Energy Independence and Security Act of 2007 and signed into Public Law (PL ) on Dec. 19, 2007, has been funded for the first time under the American Recovery and Reinvestment Act (ARRA). The purpose of the program is to provide funds to units of local and state government, Indian tribes and territories to develop and implement projects to improve energy efficiency and reduce energy use and fossil fuel emissions in their communities. APPROVAL YES NO On November 10, 2009, City Council passed resolution ratifying and approving the submission of a notice of intent to accept the Energy Efficiency and Conservation Block grant (EECBG) Program Allocation under the American Recovery and Reinvestment Act (ARRA) to the State Energy Conservation Office. On June 4, 2010 the City of Dickinson was awarded $57, to fund projects that will further reduce or conserve energy consumption in City-owned buildings. Additionally, the grant requires no matching dollars. Following notification of the grant award Automated Logic Construction Services, Inc conducted an evaluation on all City buildings to identify specific projects where energy cost savings could be achieved. The initial analysis was completed, and a proposal was submitted to the City for the scope of work. ACTIONS TAKEN READINGS PASSED OTHER 1 st 2 nd 3 rd PAGE 1 OF 2

57 Dickinson City Council Agenda Item Data Sheet Unfortunately, the needed energy efficiency improvements for the various City facilities far exceeded the amount of the grant. Considering where the most beneficial cost savings could be accomplished, the scope of work was pared down to those projects identified at the Dickinson Historic Railroad Center since it was found to be the least energy efficient building out of all the City buildings and the energy efficiency upgrades would fall within the funds allocated through the EECBG grant. Automated Logic Construction Services, Inc is a participating vendor of Buy Board, one of the local government purchasing cooperatives with which the City participates. As such, the City recommends retaining this company through Buy Board. RECOMMENDATION Staff recommends approval of the Resolution. ATTACHMENTS Resolution Number XXX-2011 FUNDING ISSUES Not applicable Funded by EECBG Grant Not budgeted Full Amount already budgeted. Funds to be transferred from Acct.# - - SUBMITTING STAFF MEMBER CITY ADMINISTRATOR APPROVAL Kevin Byal, Chief Building Official APPROVAL YES NO ACTIONS TAKEN READINGS PASSED OTHER 1 st 2 nd 3 rd PAGE 2 OF 2

58 RESOLUTION NUMBER XXX-2011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT FOR SERVICES BY AND BETWEEN THE CITY OF DICKINSON, AND AUTOMATED LOGIC CONTRACTING SERVICES, INC AS CONTRACTOR FOR ENERGY EFFICIENCY UPGRADES AT THE DICKINSON HISTORIC RAILROAD CENTER; AUTHORIZING THE MAYOR TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE SUCH AGREEMENT; PROVIDING FOR THE INCORPORATION OF PREMISES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has been presented a proposed Agreement for Services by and between the City of Dickinson, Texas and Automated Logic Contracting Services, Inc as the Contractor for the Energy Efficiency Upgrades at the Dickinson Historic Railroad Center (hereinafter called Agreement ), a copy of which is attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, upon full review and consideration of the Agreement and all matters attendant and related thereto, the City Council is of the opinion that the terms and conditions thereof should be approved, and that the Mayor should be authorized to execute the Agreement and any and all documents necessary to effectuate such Agreement on behalf of the City of Dickinson. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, THAT: Section 1. The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. Section 2. The terms and conditions of the Agreement, having been reviewed by the City Council of the City of Dickinson and found to be acceptable and in the best interests of the City of Dickinson and its citizens, are hereby in all things approved. Section 3. The Mayor is hereby authorized to execute the Agreement and empowered, for and on behalf of the City, to take all such actions and to execute, verify, acknowledge, certify to, file and deliver all such instruments and documents required in the Agreement as shall in the judgment of the Mayor be appropriate in order to effect the purposes of the foregoing resolution and Agreement. CITY OF DICKINSON, TEXAS RESOLUTION NUMBER XXX-2011 Page 1

59 Section 4. passage. This Resolution shall become effective immediately upon its DULY PASSED AND APPROVED on this the 12 th day of April, 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 RESOLUTION NUMBER XXX-2011 Page 2

60 THE STATE OF TEXAS EXHIBIT A COUNTY OF GALVESTON AGREEMENT FOR SERVICES This Agreement entered into as of the day of, A.D., 2011, by and between Automated Logic Contracting Services, Inc ("Contractor"), and the City of Dickinson, Texas, ("Client"). WITNESSETH: WHEREAS, the Client has requested various services of the Contractor with respect to Energy Efficiency Upgrades for the City of Dickinson Historic Railroad Center, pursuant to the Energy Efficiency Conservation Block Grant, ( Project ). NOW, THEREFORE, Client and Contractor hereby agree as follows: 1. Engagement of Contractor - Contractor hereby agrees to perform the services required under the scope of work related to the Project, and to provide Client with copies of the information, opinions, and other such documents made the basis of the scope of services, which is set out in Attachment B and made a part of this contract. Contractor agrees to initiate the following services that are set out in Attachment B upon receipt of an executed copy of this Agreement. 2. Availability of Information - Client agrees to provide Contractor with all available information pertinent to the Project. Client will also provide copies of reports, drawings, and other data, and will, at Contractor's request, provide written authorization to review Client's files relative to the Project which may be in possession of third parties. Contractor agrees to return all original documents to Client upon completion of the Project, but reserves the right AGREEMENT FOR SERVICES Page 1

61 to make and keep reproducible copies of all such material. The Contractor is entitled to rely upon the accuracy and completeness of the information thereof. 3. Access to Facilities - Client will provide access for the Contractor to enter the property and facilities of Client, as necessary for Contractor to perform services as required under the Project. 4. Instruments of Service - All documents prepared in accordance with this contract including exhibits, field notes, laboratory data, original drawings, and specifications are the property of the Client. The Contractor is given the right to use any of this data in connection with future projects. The Contractor may retain copies of reproducibles of any information prepared for this Project. If the Client used the documents for any reason other than their intended use without the Contractor s authorization, the Contractor shall be released from any liability as a result of such action. 5. Fee - The Contractor s fee for the scope of services as stated in Attachment "B" provided by Contractor under this Agreement as set out in Attachment B and being an amount not to exceed $53, for the Project. In the event that Client determines that any additional services not reflected in Attachment B are needed, fees for any such additional services will be negotiated between Client and Contractor. 6. Payment and Fee Schedule - The Contractor will submit a monthly invoice for services rendered. 7. Terms of Payment - Payment of fees as determined under Paragraph 5 herein above shall be due and payable by Client within thirty (30) days following receipt of Contractor's monthly invoice. AGREEMENT FOR SERVICES Page 2

62 8. Insurance - Contractor shall maintain Worker s Compensation and Liability Insurance in accordance with Attachment C. 9. Consequential Damages - To the extent allowed by law, the Contractor and Client waive Claims against each other for consequential damages arising out of or relating to this Contract as described in Attachment D. 10. Termination - The Client may terminate this contract at any time by giving notice in writing to the Contractor. In that case, all finished or unfinished documents and other materials produced under this contract shall become the Client's property. If the contract is terminated by the Client in accordance with this provision, Contractor shall be paid for all services performed to the date of termination. 11. Governing Law - This Agreement shall be deemed to have been made under, and shall be construed and interpreted in accordance with the laws of the State of Texas. The venue of any suit for enforcement or construction of this contract shall be in Galveston County, Texas. 12. Indemnification - For consideration received, Contractor agrees to indemnify, save, and hold harmless the City of Dickinson, Texas, its employees, officials, and agents from any and all claims, actions, damages, lawsuits, proceedings, judgments, or liabilities, for personal injury, death, or property damage to the extent or degree on a comparative basis of fault resulting from the negligent acts or omissions of the Contractor or negligent acts or omissions of others under the Contractor s supervision or control, arising out of the performance of this agreement. In the event of any cause of action or claim asserted by a party to this Agreement or any third party, the City will provide the Contractor timely notice of such claim, dispute or notice. AGREEMENT FOR SERVICES Page 3

63 If the undersigned should fail to so indemnify, save and hold harmless, the City may defend, pay or settle the claim or other cause of action with full rights of recourse against the undersigned for any and all fees, costs, expenses, and payments arising from Contractor s negligence, or the negligence of others under the Contractor s supervision and control, including but not limited to attorney fees and settlement payments, made or agreed to be paid, in order to discharge the claim, cause of action, dispute or litigation. 13. Home Rule Municipality The City is a municipality incorporated under the laws of the State of Texas, and all laws regulating and concerning Texas municipalities apply, including budgetary laws, The City Charter and The City Code. Contractor acknowledges that the City may only act through its City Council or a duly authorized representative of the City Council, and that any act of an employee or officer of the City that is not duly authorized is void. ENTERED INTO AND AGREED by the parties hereto as the day and year first written. CONTRACTOR AUTOMATED LOGIC CONTRACTING SERVICES, INC. CLIENT CITY OF DICKINSON, TEXAS By: Printed Name: Title: By: Julie Masters, Mayor ATTEST: Carol L. McLemore, City Secretary AGREEMENT FOR SERVICES Page 4

64 Attachment B March 30, 2011 Kevin Byal City of Dickinson 4403 Hwy 3 Dickinson, Texas Dear Kevin, We appreciate the opportunity to provide the City of Dickinson with a proposal for the Energy Efficiency and Conservation Block Grant Program, for the Dickinson Historic Railroad Depot. We will provide an installation as per the scope of work listed below including wiring, material, installation labor, engineering and commissioning. The following outlines our scope of work including all material and control points. Scope of Work: We will provide and install (1) LGR 25 at the Dickinson Historic Railroad Station. We will provide and install WebCTRL 4.0 on the City of Dickinson server. The Server location will be located at the facility of choice. We will provide and install (5) Occupancy sensors in non-common areas at the Railroad Depot. We will provide and install (3) RC Stat controllers for temperature control at this facility. We will de-lamp (9) parking lot pole lights by half to minimize energy usage. Automated Logic-Houston is providing and installing the replacement of the Front door, Door panel construction for (2) sliding doors, Insulation in attic space with radiant barrier and solar screening for the windows on the two train depot buildings. We assume all equipment is working. If equipment is found that is not working, Automated Logic-Houston will report it but not be responsible for repairing it. General Exclusions: Automated Logic-Houston will not fill wall cavities with insulation at the Train Depot location. With the buildings age and construction type this is not possible without pulling interior walls. Sales Tax and Bonding not included. Permit cost will be provided by the City. Historic Railroad Depot Base Bid with Buy Board: $53, Thanks again for this opportunity. Please do not hesitate to contact me if you have any questions. Sincerely, Bryan LeCompte Bryan LeCompte Sales Account Executive 4107 New West Drive Pasadena, Texas Phone Fax

65 Attachment C INSURANCE LIMITS 1. General Liability Each Occurrence: $1,000,000 Damage to Rented Premises $300,000 Medical Expenses (any one person) $10,000 Personal and Adv. Injury $1,000,000 General Aggregate: $2,000,000 Products - Comp/Op Agg: $2,000, Automobile Liability Combined Single Limit: $1,000, Excess Liability Umbrella Form Each Occurrence: $3,000,000 Aggregate: $3,000, Worker s Compensation and Employers Liability Each Accident: $500,000 Disease - Each Employee: $500,000 Disease - Policy Limit: $500, Professional Liability Each Claim $1,000,000 Policy Year Aggregate $1,000,000

66 Attachment D NOTWITHSTANDING ANYTHING IN THE CONTRACT DOCUMENTS TO THE CONTRARY, THE CONTRACT BETWEEN the City of Dickinson, Texas, AND AUTOMATED LOGIC CONTRACTING SERVICES, INC. DATED FOR THE Energy Efficiency Upgrades for the City of Dickison Historic Railroad Center, PROJECT SHALL BE AMENDED AS FOLLOWS: Consequential Damages: To the extent allowed by law, the Contractor and Client waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes, but is not limited to, damages incurred by either party for losses of income, financing, business and reputation, loss of management or employee productivity or of the services of such persons; and damages incurred for principal office expenses including the compensation of personnel stationed there, losses of financing, business and reputation, and loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party s termination of this Contract. City of Dickinson: SUBCONTRACTOR: Printed Name: Title: Date: Todd Searcy President Date:

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68 Dickinson City Council Agenda Item Data Sheet MEETING DATE April 12, 2011 TOPIC BACKGROUND Resolution Number XXX-2011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A THIRD AMENDMENT TO THE INTERLOCAL TAX COLLECTION AGREEMENT BETWEEN THE CITY OF DICKINSON, TEXAS, AND GALVESTON COUNTY FOR THE COLLECTION OF CURRENT AND DELINQUENT TAXES ON ALL REAL AND PERSONAL PROPERTY LOCATED WITHIN THE CITY OF DICKINSON S JURISDICTIONAL BOUNDARIES; AUTHORIZING EXECUTION OF THE THIRD AMENDMENT BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. On May 9, 2006, the City approved an Interlocal Tax Collection Agreement with Galveston County for the collection of current and delinquent real and personal property taxes that ran from August 1, 2006, through July 31, Under the initial Interlocal Agreement, the County s annual fee for collection services was an amount not to exceed $0.38 per parcel or 1% of the City s tax levy, whichever is less. APPROVAL YES NO On June 7, 2007, the City received notice from Cheryl Johnson, Galveston County Tax Assessor and Collector, that the per parcel fee was going to be reduced from $0.38 per parcel to $0.32 per parcel and the initial Interlocal Agreement was amended to reflect the new reduced fee. Resolution Number was approved on July 10, 2007 approving the new reduced per parcel fee. On April 2, 2009, the City received notice from Cheryl Johnson, Galveston County Tax Assessor and Collector the Interlocal Tax Collection Agreement would expire on July 31, 2009, and the per parcel fee would remain at $0.32. Resolution Number approved on May 12, 2009 approved the extension of the initial Interlocal Agreement until July 31, 2012 and re-established the per parcel fee charge. On March 21, 2011, the City received notice from Cheryl Johnson, Galveston County Tax Assessor and Collector that the per parcel fee was going to be reduced from $0.32 per parcel to $0.27 per parcel and the Interlocal Agreement would need to be amended to reflect the reduced rate. ACTIONS TAKEN READINGS PASSED OTHER 1 st 2 nd 3 rd PAGE 1 OF 1

69 Dickinson City Council Agenda Item Data Sheet RECOMMENDATION Staff recommends approval of the Resolution. ATTACHMENTS Resolution Number XXX-2011 Letter from Cheryl Johnson, Tax Assessor and Collector FUNDING ISSUES Not budgeted Full Amount already budgeted. Funds to be transferred from Acct.# - - SUBMITTING STAFF MEMBER CITY ADMINISTRATOR APPROVAL Mary F. Young, Director of Finance APPROVAL YES NO ACTIONS TAKEN READINGS PASSED OTHER 1 st 2 nd 3 rd PAGE 2 OF 1

70 RESOLUTION NUMBER XXX-2011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A THIRD AMENDMENT TO THE INTERLOCAL TAX COLLECTION AGREEMENT BETWEEN THE CITY OF DICKINSON, TEXAS, AND GALVESTON COUNTY FOR THE COLLECTION OF CURRENT AND DELINQUENT TAXES ON ALL REAL AND PERSONAL PROPERTY LOCATED WITHIN THE CITY OF DICKINSON S JURISDICTIONAL BOUNDARIES; AUTHORIZING EXECUTION OF THE THIRD AMENDMENT BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, authorizes governmental entities to contract with each other to perform government functions and services under the terms thereof; and WHEREAS, on May 9, 2006, by Resolution Number , the City Council of the City of Dickinson, Texas, approved an Interlocal Tax Collection Agreement with Galveston County for the collection of current and delinquent taxes on all real and personal property located within the City of Dickinson s jurisdictional boundaries (the Agreement ); and WHEREAS, on July 10, 2007, by Resolution Number , the City Council approved a First Amendment to the Agreement to reduce the per parcel fee from $0.38 to $0.32 or 1% of the taxing entity levy, whichever is less; and WHEREAS, on May 12, 2009, by Resolution Number , the City Council approved a Second Amendment to the Agreement to extend the Agreement until July 31, 2012, and to re-establish the per parcel fee to be charged by Galveston County at $0.32 or 1% of the taxing entity levy, whichever is less (the Second Amendment ); and WHEREAS, the City Council has before it a proposed Third Amendment to the Interlocal Tax Collection Agreement, ( the Third Amendment ), between the City of Dickinson, Texas ( the City ) and Galveston County ( the County ), a copy of which is attached hereto as Exhibit A and incorporated herein by reference, that further reduces the per parcel fee from $0.32 to $0.27 or 1% of the taxing entity s levy, whichever is less. WHEREAS, upon full review and consideration of the Third Amendment and all related matters, the City Council finds that Dickinson s best interests are served, desires to approve the terms and conditions of the Second Amendment and to authorize the Mayor to execute the Third Amendment on behalf of the City of Dickinson. CITY OF DICKINSON, TEXAS RESOLUTION NUMBER XXX-2011 Page 1 of 2

71 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, THAT: Section 1. The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. Section 2. The City Council, after review of the terms and conditions thereof, hereby approves the attached Third Amendment to Interlocal Tax Collection Agreement between the City of Dickinson, Texas and Galveston County. Section 3. The City Council also authorizes the Mayor to execute the Third Amendment on behalf of the City of Dickinson and all other documents in connection therewith. Section 4. passage. This Resolution shall become effective immediately upon its DULY PASSED AND APPROVED this the day of, ATTEST: Carol L. McLemore, City Secretary City of Dickinson, Texas APPROVED AS TO FORM AND CONTENT: Julie Masters, Mayor City of Dickinson, Texas Loren B. Smith, City Attorney City of Dickinson, Texas CITY OF DICKINSON, TEXAS RESOLUTION NUMBER XXX-2011 Page 2 of 2

72 EXHIBIT A TO RESOLUTION XXX-2011

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76 Classic Paint & Wallcovering Services, Inc. Date: # Attention : Norman Hicks Company : Dickinson City Hall nhicks@ci.dickinson.tx.us Project : Concrete ramps & curbs Base bid: $ 3, Exterior: Grind and sand concrete ramps to remove existing coatings, also prime and paint concrete with Industrial floor enamel and non skid material. Excludes: Tape & float, VWC, aluminum frames, laminated doors, Owners furnishings and equipment, Overtime Premium, Remodel Tax Signed: Joel Figueroa Joel Figueroa Estimator jfigueroa@classicpws.com cell # office # Helmers, Houston TX Telephone Fax

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84 PUBLIC HEARING Notes:

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86 Dickinson City Council Agenda Item Data Sheet MEETING DATE April 12, 2011 TOPIC: Consideration of a Request for Variances to the Pavement Width and Ditch Slope Provisions of the City of Dickinson Subdivision Regulations to Reconstruct Lovers Lane. BACKGROUND: The City of Dickinson is requesting variances to both the pavement width and the slope of the drainage ditches in order to work within the existing 40 right-of-way to reconstruct the road. The 40 right-of-way had been reserved for a road since the original plat of the subdivision in 1893 but was not formally dedicated by each adjoining property owner to the City of Dickinson until January of The City of Dickinson desires to reconstruct Lovers Lane within the existing 40 right-of-way and is seeking variances to allow 18 of pavement width and 2:1 slope for the drainage ditches in order to work within the existing rightof-way. The Planning & Zoning Commission held a public hearing on the variance request on March 29, No one spoke in favor of or opposition to the variance request, and the Planning & Zoning Commission unanimously approved the variance request. RECOMMENDATION: The Planning & Zoning Commission recommends approval ATTACHMENTS: City Administrator memorandum Planning & Zoning Commission packet documents FUNDING ISSUES X Not applicable Not budgeted Full Amount already budgeted. Funds to be transferred from Acct.# - - SUBMITTING STAFF MEMBER CITY ADMINISTRATOR APPROVAL Kevin Byal, Chief Building Official APPROVAL YES NO ACTIONS TAKEN READINGS PASSED OTHER 1 st 2 nd 3 rd PAGE 1 OF 1

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91 Dickinson Planning & Zoning Commission Agenda Item Data Sheet MEETING DATE March 29, 2011 TOPIC: The City of Dickinson is requesting variances to both the pavement width and the slope of the drainage ditches in order to work within the existing 40 right-of-way to reconstruct the road. The 40 right-of-way had been reserved for a road since the original plat of the subdivision in 1893 but was not formally dedicated by each adjoining property owner to the City of Dickinson until January of The City of Dickinson desires to reconstruct Lovers Lane within the existing 40 right-of-way and is seeking variances to allow 18 of pavement width and 2:1 slope for the drainage ditches in order to work within the existing right-of-way. BACKGROUND: Please see the attached memorandum from the City Administrator Julie Johnston. RECOMMENDATION: ATTACHMENTS: SUBMITTING STAFF MEMBER: Staff recommends approval. Application Documents Julie Johnston, City Administrator APPROVAL YES NO ACTIONS TAKEN OTHER PAGE 1 OF 1

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98 Dickinson City Council Agenda Item Data Sheet MEETING DATE April 12, 2011 TOPIC: BACKGROUND: ORDINANCE NUMBER XXX-2011 AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, REVISING SUBSECTION (2), SIGN DISTRICT B, OF SECTION , SIGN DISTRICTS CREATED, OF ARTICLE I, IN GENERAL, OF CHAPTER 15.1, SIGNS, OF THE CODE OF ORDINANCES OF THE CITY OF DICKINSON TO INCLUDE IN SIGN DISTRICT B ALL PROPERTIES LOCATED WITHIN THE CITY ADJACENT TO AND FRONTING ON THE RIGHT-OF- WAY OF STATE HIGHWAY 646 FROM STATE HIGHWAY 517 SOUTH TO 2 ND STREET; PROVIDING FOR THE INCORPORATION OF PREAMBLE; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION HEREOF; AND PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. At the March 22, 2011 City Council work session, staff briefed Council on the provisions of the sign ordinance pertaining to FM 646. It was discussed that FM 646 is similar in size, traffic activity and zoning districts as the other major thoroughfares within the City, but FM 646 has been assigned to a sign district with the most restrictive sign regulations. RECOMMENDATION: In order to allow commercial development along FM 646 to have the same type of signage as other commercial development on the City s major thoroughfares, the Council directed staff to proceed with reclassifying FM 646 from Sign District Zone C to Sign District Zone B. This agenda item accomplishes the reclassification. Staff recommends approval of the Ordinance. ATTACHMENTS: Ordinance Number XXX-2011 FUNDING ISSUES X Not applicable Not budgeted Full Amount already budgeted. Funds to be transferred from Acct.# - - SUBMITTING STAFF MEMBER Kevin Byal, Chief Building Official CITY ADMINISTRATOR APPROVAL APPROVAL YES NO ACTIONS TAKEN READINGS PASSED OTHER 1 st 2 nd 3 rd PAGE 1 OF 1

99 ORDINANCE NUMBER XXX-2011 AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, REVISING SUBSECTION (2), SIGN DISTRICT B, OF SECTION , SIGN DISTRICTS CREATED, OF ARTICLE I, IN GENERAL, OF CHAPTER 15.1, SIGNS, OF THE CODE OF ORDINANCES OF THE CITY OF DICKINSON TO INCLUDE IN SIGN DISTRICT B ALL PROPERTIES LOCATED WITHIN THE CITY ADJACENT TO AND FRONTING ON THE RIGHT-OF-WAY OF STATE HIGHWAY 646 FROM STATE HIGHWAY 517 SOUTH TO 2 ND STREET; PROVIDING FOR THE INCORPORATION OF PREAMBLE; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION HEREOF; AND PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Council finds that it is in the best interest of the health, safety, and welfare of the citizens of the City of Dickinson to revise Subsection (2), Sign District B, of Section , Sign Districts Created, of Article I, In General, of Chapter 15.1, Signs, of the Code of Ordinances of the City of Dickinson, Texas, to include in Sign District B all properties located within the City limits and adjacent to and fronting on the right-of-way of State Highway 646 from State Highway 517 south to 2 nd Street. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, THAT: Section 1. The facts and matters set forth in the preamble of this Ordinance are hereby found to be true and correct. Section 2. Subsection (2), Sign District B, of Section , Sign Districts Created, of Article I, In General, of Chapter 15.1, Signs, of the Code of Ordinances of the City of Dickinson, Texas, is hereby revised to read as follows: (2) Sign District B. Sign District B shall include all property located within the City adjacent to and fronting on the right-of-way of State Highway 3, all property located within the City adjacent to and fronting on the right-of-way of State Highway 517 that is not included within Sign District A, and all property located within the City adjacent to and fronting on the right-of-way of State Highway 646 from State Highway 517 south to 2nd Street. Section 3. 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 4. The repeal of any ordinance or part of ordinances effectuated by the enactment of this Ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying or CITY OF DICKINSON, TEXAS ORDINANCE NUMBER XXX-2011 Page 1 of 2

100 altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this Ordinance. Section 5. In the event any 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, whether there be one or more parts. Section 6. 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 thousand dollars ($2,000.00). Each day a violation continues shall constitute a separate offense. Section 7. This Ordinance shall be in full force and effect from and after its date of its publication, in accordance with law. DULY PASSED AND APPROVED on first reading this the 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, Julie Masters, Mayor City of Dickinson, Texas ATTEST: APPROVED AS TO FORM AND CONTENT: Carol L. McLemore, City Secretary City of Dickinson, Texas Loren B. Smith, City Attorney City of Dickinson, Texas CITY OF DICKINSON, TEXAS ORDINANCE NUMBER XXX-2011 Page 2 of 2

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102 Dickinson City Council Agenda Item Data Sheet MEETING DATE April 12, 2011 TOPIC BACKGROUND RECOMMENDATION ATTACHMENTS FUNDING ISSUES ORDINANCE NUMBER XXX-2011 AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, DECLARING CANDIDATES FOR MAYOR AND COUNCILMEMBER POSITION NUMBERS 1, 3 AND 5 UNOPPOSED; DECLARING MAYOR AND CANDIDATES FOR COUNCILMEMBER POSITION NUMBERS 1, 3, AND 5 ELECTED; PROVIDING FOR THE CANCELLATION OF THE MAY 14, 2011, GENERAL ELECTION; CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT; AND PROVIDING FOR SEVERABILITY, A REPEALER CLAUSE AND AN EFFECTIVE DATE. The Texas Election Code allows for the cancellation of a scheduled General Election when there are no opposed candidates or propositions on the ballot. This is done by ordinance which cancels the election and declares the unopposed candidates elected. The names of the candidates will be listed on the ballot for the Special Election, but they will not be voted on and there will be a statement that reads Unopposed candidates declared elected. Staff recommends approval. Ordinance Number XXX-2011 Certification by City Secretary of Unopposed Candidates None 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 1 OF 1

103 ORDINANCE NUMBER XXX-2011 AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, DECLARING CANDIDATES FOR MAYOR AND COUNCILMEMBER POSITION NUMBERS 1, 3 AND 5 UNOPPOSED; DECLARING MAYOR AND CANDIDATES FOR COUNCILMEMBER POSITION NUMBERS 1, 3, AND 5 ELECTED; PROVIDING FOR THE CANCELLATION OF THE MAY 14, 2011, GENERAL ELECTION; CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT; AND PROVIDING FOR SEVERABILITY, A REPEALER CLAUSE AND AN EFFECTIVE DATE. * * * * * * * WHEREAS, pursuant to City of Dickinson, Texas, Resolution Number , passed, approved, and adopted on February 8, 2011, a general municipal officers election was ordered to be held on May 14, 2011, for the purpose of electing the Mayor and council members for Position Numbers 1, 3, and 5; and WHEREAS, pursuant to said Resolution Number and Sections and of the TEXAS ELECTION CODE, the deadline for filing applications for a place on the ballot and declaration of write-in candidacy for the City's municipal officers election has expired; and WHEREAS, the City Secretary, in accordance with Section 2.052, TEXAS ELECTION CODE, has certified to the City Council in writing that Julie Dues Masters is unopposed for Mayor; Charles Suderman is unopposed for election to the office of Councilmember Position #1; Walter Wilson is unopposed for election to the office of Councilmember Position #3; and Louis Decker is unopposed for election to the office of Councilmember Position #5. A copy of the Certification of Unopposed Candidates labeled Exhibit A is attached hereto and made a part hereof; and WHEREAS, the City Council hereby finds and determines that each candidate whose name is to appear on the ballot in said election is unopposed; and that no proposition is to appear on the ballot for such election; and, WHEREAS, the City Council hereby finds that the May 14, 2011, General Election should be cancelled, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS: Section 1. The facts and matters set forth in the preamble of this ordinance are hereby found to be true and correct. Section 2. In accordance with Section 2.053, TEXAS ELECTION CODE, the following unopposed candidates are hereby declared duly elected to the respective offices City of Dickinson Ordinance Number XXX-2011 Page 1 of 3

104 shown and shall be issued a certification of election following the date the election was to have been held in accordance with the Texas Election Code: Julie Dues Masters - Mayor Charles Suderman Councilmember Position #1 Walter Wilson Councilmember Position #3 Louis Decker Councilmember Position #5 Section 3. Pursuant to Section 2.053(b), TEXAS ELECTION CODE, the general municipal officers election heretofore called and ordered by the City of Dickinson, Texas, Resolution Number , for the 14 th day of May, 2011, shall not be held and is hereby cancelled. Section 4. The City Secretary is hereby directed to cause a copy of this ordinance to be posted on election day, May 14, 2011, at the polling places that would have been used in such election. Section 5. In the event any clause, phrase, provision, sentence, or part of this ordinance or the application of 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, whether there be one or more parts. Section 6. All ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. PASSED AND APPROVED on first reading this the day of, PASSED AND APPROVED AND ADOPTED on second reading this the day of, 2011 PASSED AND APPROVED AND ADOPTED on third and final reading this the day of, 2011 Julie Masters, Mayor City of Dickinson Ordinance Number XXX-2011 Page 2 of 3

105 ATTEST: APPROVED AS TO FORM: Carol L. McLemore, City Secretary City Attorney City of Dickinson Ordinance Number XXX-2011 Page 3 of 3

106 EXHIBIT A TO ORDINANCE XXX-2011

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109 Dickinson City Council Agenda Item Data Sheet MEETING DATE April 12, 2011 TOPIC: BACKGROUND: Resolution Number XXX-2011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT FOR TEMPORARY CLOSURE OF STATE RIGHT-OF-WAY BETWEEN THE CITY OF DICKINSON AND THE STATE OF TEXAS, BY AND THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR THE 2011 RED, WHITE & BAYOU CRAWFISH AND TEXAS MUSIC FESTIVAL; ESTABLISHING THAT THE RED, WHITE & BAYOU CRAWFISH AND TEXAS MUSIC FESTIVAL SERVES A PUBLIC PURPOSE; PROVIDING FOR THE INCORPORATION OF PREAMBLE; AUTHORIZING EXECUTION OF THE AGREEMENT BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. In order to close FM 517 from Highway 3 to Hill Street and to close one north bound lane of Highway 3 from Dickinson City Hall to the north side of FM 517, Texas Department of Transportation ( TxDOT ) is now requiring the City of Dickinson to enter into an Agreement for Temporary Closure of State Right-of-Way. This agenda item approves the Agreement and establishes Red, White & Bayou Crawfish and Texas Music Festival as serving a public purpose as required by TxDOT. While originally TxDOT was requiring that the City submit a Traffic Control Plan that was signed and sealed by an engineer, TxDOT advised the City via on March 25, 2011, that it would not require this of the City. There is no fee associated with the Agreement. RECOMMENDATION: Staff recommends approval of the Resolution. ATTACHMENTS: Resolution Number XXX-2011 FUNDING ISSUES 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

110 RESOLUTION NUMBER XXX-2011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT FOR TEMPORARY CLOSURE OF STATE RIGHT-OF-WAY BETWEEN THE CITY OF DICKINSON AND THE STATE OF TEXAS, BY AND THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR THE 2011 RED, WHITE & BAYOU CRAWFISH AND TEXAS MUSIC FESTIVAL; ESTABLISHING THAT THE RED, WHITE & BAYOU CRAWFISH AND TEXAS MUSIC FESTIVAL SERVES A PUBLIC PURPOSE; PROVIDING FOR THE INCORPORATION OF PREAMBLE; AUTHORIZING EXECUTION OF THE AGREEMENT BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has before it a proposed Agreement for Temporary Closure of State Right-of-Way by and between the City of Dickinson, Texas ( Dickinson ) and the State of Texas, by and through the Texas Department of Transportation ( State ), a copy of which is attached hereto as Exhibit A and incorporated herein by reference, which provides the terms and conditions for the temporary closure of FM 517 from Highway 3 to Hill Street and the closure of one north bound lane of Highway 3 from Dickinson City Hall to the north side of FM 517 (hereinafter called "Agreement"); and WHEREAS, upon full review and consideration of the Agreement and all related matters, the City Council finds that the proposed Agreement provides for governmental services that protect the health, safety, and welfare of the public, a valid public purpose of interest to each of the entities; and WHEREAS, the City Council finds that Red, White & Bayou Crawfish and Texas Music Festival serves a public purpose and that Dickinson s best interests are served by entering into the Agreement with the State; and WHEREAS, the City Council desires to approve the terms and conditions of the Agreement and to authorize the Mayor to execute the Agreement on behalf of the City of Dickinson. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, THAT: Section 1. The facts and statements contained in the preamble are hereby found to be true and correct and are incorporated herein and made a part hereof for all purposes. Section 2. The City Council, after review of the terms and conditions of the attached Agreement, hereby approves the terms of the Agreement for Temporary Closure of State Right-of-Way by and between the City of Dickinson and the State of Texas, by and through the Texas Department of Transportation. CITY OF DICKINSON, TEXAS RESOLUTION NUMBER XXX-2011 Page 1 of 2

111 Section 3. The City Council also authorizes the Mayor to execute, and the City Secretary to attest, on behalf of the City of Dickinson, the Interlocal Cooperation Agreement and all other documents in connection therewith. Section 4. passage. This Resolution shall become effective immediately upon its PASSED AND APPROVED AND ADOPTED on this the day of April, Julie Masters, Mayor City of Dickinson, Texas 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 RESOLUTION NUMBER XXX-2011 Page 2 of 2

112 EXHIBIT A TO RESOLUTION XXX-2011

113 STATE OF TEXAS Agreement No. COUNTY OF TRAVIS AGREEMENT FOR THE TEMPORARY CLOSURE OF STATE RIGHT OF WAY THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the State, and the City of Dickinson, Texas, a municipal corporation, acting by and through its duly authorized officers, hereinafter called the local government. W I T N E S S E T H WHEREAS, the State owns and operates a system of highways for public use and benefit, including FM 517 and Highway 3 in Dickinson, Galveston County; and WHEREAS, the local government has requested the temporary closure of FM 517 from Highway 3 to Hill Street and one north bound lane of Highway 3 from Dickinson City Hall to the north side of FM 517 for the purpose of holding the 2011 Red, White & Bayou Crawfish and Texas Music Festival from 6:00 pm on Friday, May 20, 2011 to 12:00 am (Midnight) on Sunday, May 22, 2011, as described in the attached Exhibit A, hereinafter identified as the Event; and WHEREAS, the Event will be located within the local government s incorporated area; and WHEREAS, the State, in recognition of the public purpose of the Event, wishes to cooperate with the City so long as the safety and convenience of the traveling public is ensured and that the closure of the State s right of way will be performed within the State s requirements; and WHEREAS, on the 12th day of April, 2011, the Dickinson City Council passed Resolution No., attached hereto and identified as Exhibit B, establishing that the Event serves a public purpose and authorizing the local government to enter into this agreement with the State; and WHEREAS, 43 TAC, Section establishes the rules and procedures for the temporary closure of a segment of the State highway system; and WHEREAS, this agreement has been developed in accordance with the rules and procedures of 43 TAC, Section 22.12; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: A G R E E M E N T Article 1. CONTRACT PERIOD This agreement becomes effective upon final execution by the State and shall terminate upon completion of the Event or unless terminated or modified as hereinafter provided. Traffic Traffic_Closure Incorporated (TEA30A) Page 1 of 9 Rev. 05/02/2008

114 Agreement No. Article 2. EVENT DESCRIPTION The physical description of the limits of the Event, including county names and highway numbers, the number of lanes the highway has and the number of lanes to be used, the proposed schedule of start and stop times and dates at each location, a brief description of the proposed activities involved, approximate number of people attending the Event, the number and types of animals and equipment, planned physical modifications of any manmade or natural features in or adjacent to the right of way involved shall be attached hereto along with a location map and identified as Exhibit C. Article 3. OPERATIONS OF THE EVENT A. The local government shall assume all costs for the operations associated with the Event, to include but not limited to, plan development, materials, labor, public notification, providing protective barriers and barricades, protection of highway traffic and highway facilities, and all traffic control and temporary signing. B. The local government shall submit to the State for review and approval the construction plans, if construction or modifications to the State s right of way is required, the traffic control and signing plans, traffic enforcement plans, and all other plans deemed necessary by the State. The State may require that any traffic control plans of sufficient complexity be signed, sealed and dated by a registered professional engineer. The traffic control plan shall be in accordance with the latest edition of the Texas Manual on Uniform Traffic Control Devices. All temporary traffic control devices used on state highway right of way must be included in the State s Compliant Work Zone Traffic Control Devices List. The State reserves the right to inspect the implementation of the traffic control plan and if it is found to be inadequate, the local government will bring the traffic control into compliance with the originally submitted plan, upon written notice from the State noting the required changes, prior to the event. The State may request changes to the traffic control plan in order to ensure public safety due to changing or unforeseen circumstances regarding the closure. C. The local government will ensure that the appropriate law enforcement agency has reviewed the traffic control for the closures and that the agency has deemed them to be adequate. If the law enforcement agency is unsure as to the adequacy of the traffic control, it will contact the State for consultation no less than 10 workdays prior to the closure. D. The local government will complete all revisions to the traffic control plan as requested by the State within the required timeframe or that the agreement will be terminated upon written notice from the State to the local government. The local government hereby agrees that any failure to cooperate with the State may constitute reckless endangerment of the public and that the Texas Department of Public Safety may be notified of the situation as soon as possible for the appropriate action, and failing to follow the traffic control plan or State instructions may result in a denial of future use of the right of way for three years. E. The local government will not initiate closure prior to 24 hours before the scheduled Event and all barriers and barricades will be removed and the highway reopened to traffic within 24 hours after the completion of the Event. F. The local government will provide adequate enforcement personnel to prevent vehicles from stopping and parking along the main lanes of highway right of way and otherwise Traffic Traffic_Closure Incorporated (TEA30A) Page 2 of 9 Rev. 05/02/2008

115 Agreement No. prevent interference with the main lane traffic by both vehicles and pedestrians. The local government will prepare a traffic enforcement plan, to be approved by the State in writing at least 48 hours prior to the scheduled Event. Additionally, the local government shall provide to the State a letter of certification from the law enforcement agency that will be providing traffic control for the Event, certifying that they agree with the enforcement plan and will be able to meet its requirements. G. The local government hereby assures the State that there will be appropriate passage allowance for emergency vehicle travel and adequate access for abutting property owners during construction and closure of the highway facility. These allowances and accesses will be included in the local government s traffic control plan. H. The local government will avoid or minimize damage, and will, at its own expense, restore or repair damage occurring outside the State s right of way and restore or repair the State s right of way, including, but not limited to, roadway and drainage structures, signs, overhead signs, pavement markings, traffic signals, power poles and pavement, etc. to a condition equal to that existing before the closure, and, to the extent practicable, restore the natural and cultural environment in accordance with federal and state law, including landscape and historical features. Article 4. OWNERSHIP OF DOCUMENTS Upon completion or termination of this agreement, all documents prepared by the local government will remain the property of the local government. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. Article 5. TERMINATION A. This agreement may be terminated by any of the following conditions: (1) By mutual written agreement and consent of both parties. (2) By the State upon determination that use of the State s right of way is not feasible or is not in the best interest of the State and the traveling public. (3) By either party, upon the failure of the other party to fulfill the obligations as set forth herein. (4) By satisfactory completion of all services and obligations as set forth herein. B. The termination of this agreement shall extinguish all rights, duties, obligations, and liabilities of the State and local government under this agreement. If the potential termination of this agreement is due to the failure of the local government to fulfill its contractual obligations as set forth herein, the State will notify the local government that possible breach of contract has occurred. The local government must remedy the breach as outlined by the State within ten (10) days from receipt of the State s notification. In the event the local government does not remedy the breach to the satisfaction of the State, the local government shall be liable to the State for the costs of remedying the breach and any additional costs occasioned by the State. Article 6. DISPUTES Should disputes arise as to the parties responsibilities or additional work under this agreement, the State s decision shall be final and binding. Traffic Traffic_Closure Incorporated (TEA30A) Page 3 of 9 Rev. 05/02/2008

116 Agreement No. Article 7. RESPONSIBILITIES OF THE PARTIES The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. Article 8. INSURANCE A. Prior to beginning any work upon the State s right of way, the local government and/or its contractors shall furnish to the State a completed Certificate of Insurance (TxDOT Form 1560, latest edition) and shall maintain the insurance in full force and effect during the period that the local government and/or its contractors are encroaching upon the State right of way. B. In the event the local government is a self-insured entity, the local government shall provide the State proof of its self-insurance. The local government agrees to pay any and all claims and damages that may occur during the period of this closing of the highway in accordance with the terms of this agreement. Article 9. AMENDMENTS Any changes in the time frame, character, agreement provisions or obligations of the parties hereto shall be enacted by written amendment executed by both the local government and the State. Article 10. COMPLIANCE WITH LAWS The local government shall comply with all applicable federal, state and local environmental laws, regulations, ordinances and any conditions or restrictions required by the State to protect the natural environment and cultural resources of the State s right of way. Article 11. LEGAL CONSTRUCTION In case one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Article 12. NOTICES All notices to either party by the other required under this agreement shall be delivered personally or sent by certified U.S. mail, postage prepaid, addressed to such party at the following respective addresses: Local Government: State: City of Dickinson, Texas Attn: City Administrator 4403 Highway 3 Dickinson, Texas Texas Department of Transportation Traffic Traffic_Closure Incorporated (TEA30A) Page 4 of 9 Rev. 05/02/2008

117 Agreement No. All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. Article 13. SOLE AGREEMENT This agreement constitutes the sole and only agreement between the parties hereto and supersedes any prior understandings or written or oral agreements respecting the within subject matter. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE CITY OF DICKINSON, TEXAS Executed on behalf of the local government by: By Julie Masters, Mayor Date THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By District Engineer Date Traffic Traffic_Closure Incorporated (TEA30A) Page 5 of 9 Rev. 05/02/2008

118 Agreement No. Exhibit A Traffic Traffic_Closure Incorporated (TEA30A) Page 6 of 9 Rev. 05/02/2008

119 Exhibit B Agreement No. RESOLUTION APPROVING AGREEMENT TO BE INCLUDED IN AGREEMENT UPON APPROVAL BY CITY OF DICKINSON Traffic Traffic_Closure Incorporated (TEA30A) Page 7 of 9 Rev. 05/02/2008

120 Exhibit C Agreement No. [TO BE COMPLETED PRIOR TO EXECUTION] Physical description of the limits of the Event: Number of lanes the highway has and the number of lanes to be used: Proposed schedule of start and stop times and dates at each location: Brief description of the proposed activities involved: Approximate number of people attending the Event: Number and types of animals and equipment: Planned physical modifications of any man-made or natural features in or adjacent to the right of way involved: Traffic Traffic_Closure Incorporated (TEA30A) Page 8 of 9 Rev. 05/02/2008

121 Agreement No. Traffic Traffic_Closure Incorporated (TEA30A) Page 9 of 9 Rev. 05/02/2008