city council meeting - dickinson, tx

October 14, 2014 City Council Regular Meeting

7:00 p.m.

Julie Masters, Mayor Charles Suderman Bruce Henderson Walter Wilson

AGENDA City of Dickinson CITY COUNCIL

REGULAR MEETING

Wally Deats, Mayor Pro Tem

Louis Decker William H. King III

Julie M. Robinson, City Administrator

____________________________________________________________________________________ October 14, 2014 Regular Council Meeting Page 1 of 3

October 14, 2014

NOTICE is hereby given of a REGULAR MEETING of the City Council for the City of Dickinson, County of Galveston, State of Texas, to be held on TUESDAY, October 14, 2014, at 7:00 p.m. at: 4403 Highway 3, Dickinson, Texas 77539 for the purpose of considering the following numbered items. The City Council of the City of Dickinson, Texas, reserves the right to meet in a closed session on any of the below items should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. ITEM 1.) CALL TO ORDER AND CERTIFICATION OF A QUORUM: Invocation and Pledge of Allegiance. ITEM 2.) PROCLAMATIONS AND COUNCIL COMMENTS:

A. ITEM 3.) PUBLIC COMMENTS: At this time, any person with city-related business

may speak to the Council. In compliance with the Texas Open Meetings Act, The City Council may not deliberate. Comments from the public should be limited to a maximum of three (3) minutes per individual speaker.

ITEM 4.) CONSENT AGENDA: CONSIDERATION AND POSSIBLE ACTION: The following items are considered routine by the City Council and will be

enacted by one motion. There will not be a separate discussion on these items unless a Council member requests, in which event, the item will be removed from the consent agenda and discussed after the consent agenda.

A. Approval of the Minutes of the Regular Council Meeting of September

23, 2014.

OLD BUSINESS ITEM 5.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Update of

Public Works Projects

A. Status of Eastside Drainage Project (Disaster Recovery CDBG Round 2.2 Project)

B. Country Club Drainage Ditch C. Desel Drive Reconstruction Project (2013-2014 Street Maintenance

Sales Tax Project) D. Pine Oak Drive Reconstruction Project (Second Round 2012-2013

Street Maintenance Sales Tax Project)


ITEM 6.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ordinance

Number XXX-2014 - AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, AMENDING CHAPTER 8, "LICENSES AND BUSINESS REGULATIONS" OF THE CODE OF ORDINANCES, DICKINSON, TEXAS TO ADD A NEW ARTICLE TO BE NUMBERED AND ENTITLED ARTICLE XII, "CREDIT ACCESS BUSINESSES," TO SET FORTH REGISTRATION REQUIREMENTS AND CREDIT EXTENSION GUIDELINES FOR CREDIT ACCESS BUSINESSES; PROVIDING FOR THE INCORPORATION OF PREAMBLE; PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED $500.00 FOR EACH AND EVERY DAY A VIOLATION HEREOF OCCURS; AND PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE AND AN EFFECTIVE DATE. (Second of Three Readings)

ITEM 7.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Award of

Competitive Sealed Bid #1408-06 for City of Dickinson Official Newspaper For Fiscal Year 2014-2015 To Either The Post Newspaper Or The Galveston County Daily News.

NEW BUSINESS


Competitive Sealed Bid Number 1408-07 for the Westside Drainage Improvements to Conrad Construction Co., Ltd., In An Amount Not to Exceed $2,110,746.00.

ITEM 9.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Resolution

Number XXX-2014 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT BY AND BETWEEN THE CITY OF DICKINSON, TEXAS AND CONRAD CONSTRUCTION CO., LTD. AS CONTRACTOR FOR THE WESTSIDE DRAINAGE IMPROVEMENTS; 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.

ITEM 10.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ratification

of Mayor’s Letter of Support for Proposal Entitled “Toward Wetland Protection in the Houston-Galveston Region: Assessing Mitigation Practices and Facilitating Watershed-Based Decision Making” By Houston Advanced Research Center.


Number XXX-2014 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS PROVIDING FOR THE ADOPTION OF A


WRITTEN POLICY AUTHORIZING THE CITY TO ACCEPT APPLICATIONS FOR PRIMARY BANK DEPOSITORY SERVICES FROM ELIGIBLE FINANCIAL INSTITUTIONS NOT DOING BUSINESS WITHIN THE CITY; PROVIDING FOR INCORPORATION OF PREAMBLE; AND PROVIDING A REPEALER CLAUSE, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.


Number XXX-2014 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING THE TERMS AND CONDITIONS OF BOUNDARY ADJUSTMENT AGREEMENT BETWEEN THE CITY OF THE CITY OF DICKINSON, TEXAS, AND THE CITY OF LEAGUE CITY, TEXAS, FOR MODIFICATION OF THEIR RESPECTIVE EXTRATERRITORIAL JURISDICTION BOUNDARIES; PROVIDING FOR THE INCORPORATION OF PREAMBLE; AUTHORIZING EXECUTION OF THE BOUNDARY ADJUSTMENT AGREEMENT BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE.

ITEM 13.) EXECUTIVE SESSION: The City Council will now hold a closed executive

meeting pursuant to the provision of Chapter 551, Government Code, Vernon’s Texas Codes annotated, in accordance with the authority contained in:

A. Section 551.071 – Consultation with Attorney regarding pending or

contemplated litigation or a matter in which the duty of the City Attorney requires to be discussed in closed meeting.

ITEM 14.) RECONVENE ITEM 15.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Matters

discussed in Executive Session.

ITEM 16.) ADJOURN

CERTIFICATION This is to certify that a copy of the Notice of the Regular City Council meeting for TUESDAY, October 14, 2014, was posted on the bulletin board at City Hall, 4403 Highway 3, Texas, on this the 9th day of October, 2014, prior to 6:00 p.m. __________________________________ Carolyn E. Anderson, City Secretary

In compliance with the Americans with Disabilities Act, the City of Dickinson will provide reasonable accommodations for disabled persons attending City Council Meetings. Requests should be received at least 24 hours prior to the scheduled meeting, by contacting the City Secretary’s office at 281-337-6217, or by FAX at 281-337-6190.

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____________________________________________________________ _______________________________________________ _________________________________________________________________________ ______________________Carolyn EEEEEEEEEEEEEEEE Anderson City Secretary

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ti A t th C

City Council Meeting

CALL TO ORDER

Invocation

Given by:______________________

Pledge of Allegiance

Given by:________________________

Roll Call

CITY OF DICKINSON, TEXAS CITY COUNCIL MEETING

ATTENDANCE LIST

MEETING DATE: October 14, 2014

Regular Meeting

MAYOR/COUNCIL PRESENT ABSENT MAYOR JULIE MASTERS _______ _______

POS. 1: COUNCILMEMBER CHARLES SUDERMAN _______ _______

POS. 2: COUNCILMEMBER BRUCE HENDERSON _______ _______

POS. 3: COUNCILMEMBER WALTER WILSON _______ _______

POS. 4: COUNCILMEMBER WALLY DEATS _______ _______

POS. 5: COUNCILMEMBER LOUIS DECKER _______ _______

POS. 6: COUNCILMEMBER WILLIAM KING _______ _______

ALSO IN ATTENDANCE:

CITY ATTORNEY, Donna L. Johnson _______ _______

CITY ADMINISTRATOR, Julie M. Robinson _______ _______

Administrative Services Manager, Jessica Rogers _______ _______

Chief Building Official Kevin Byal _______ _______

Public Works Director Kellis George _______ _______

Management Assistant Zach Meadows _______ _______

Library Director Vicki McAllister _______ _______

Fire Marshal Lee Darrow _______ _______

Chief Ron Morales _______ _______

EMS Director Derek Hunt _______ _______

PROCLAMATIONS AND ANNOUNCEMENTS NOTES:_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

PUBLIC COMMENTS NOTES:_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Julie Masters, Mayor Charles Suderman

Bruce Henderson Walter Wilson

MINUTES

City of Dickinson CITY COUNCIL

REGULAR MEETING

Wally Deats, Mayor ProTem Louis Decker

William H. King III Julie M. Robinson, City

Administrator

____________________________________________________________________________________ September 23, 2014 Regular Council Meeting Minutes Page 1 of 8

September 23, 2014 NOTICE is hereby given of a REGULAR MEETING of the City Council for the City of Dickinson, County of Galveston, State of Texas, to be held on TUESDAY, September 23, 2014, at 7:00 p.m. at: 4403 Highway 3, Dickinson, Texas 77539 for the purpose of considering the following numbered items. The City Council of the City of Dickinson, Texas, reserves the right to meet in a closed session on any of the below items should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. ITEM 1.) CALL TO ORDER AND CERTIFICATION OF A QUORUM: Invocation and Pledge of Allegiance.

Mayor Pro-Tem Deats called the meeting to order at 7:00 p.m. Minister Gaines with God’s Household of Faith gave the Invocation, and Mayor Pro-Tem Deats led the Pledge of Allegiance. City Secretary Carolyn Anderson called roll and certified a quorum. Council Members present were as follows: Mayor Pro Tem Wally Deats, and Council Members Charles Suderman, Walter Wilson, Bruce Henderson, Louis Decker and William H. King, III. Mayor Masters was absent. Also present were City Administrator Julie Robinson, Administrative Services Manager Jessica Rogers, Public Works Director Kellis George, Management Assistant Zach Meadows, and City Attorney Donna Johnson.

ITEM 2.) PROCLAMATIONS AND COUNCIL COMMENTS:

COUNCIL COMMENTS: Welcome and thanks to all citizens and City Staff for being in

attendance

Festival of Lights Volunteers needed every Saturday and Sunday beginning October 4th through the third weekend in November

Knights of Columbus Fish Fry Friday, October 3rd from 5:30 p.m. – 7:30 p.m.

Congratulations to Mayor Masters on the birth of her first grandchild

Dickinson High School Gators Pep Rally and Homecoming parade Wednesday

National Night Out, Tuesday, Oct. 7th. Packets are available at the Dickinson Police Department for neighborhoods that are interested in participating

Reminder to register to vote in the November election

September 23, 2014 Regular Council Meeting Minutes Page 2 of 8

Glad to see new and different faces

College of the Mainland Firing Range name dedication in honor of Mr. Powell

Congratulations Mt. Carmel Baptist Church and Pastor Lewis D. Little on their 100 plus years of service in this community

Congratulations to Pastor Amos Sowell who will celebrate his 7th anniversary of service in this area on September 28th.

Greater New Hope Baptist Church will celebrate 60 years during the fourth week in October

Fields of Faith October 8th from 6:30 p.m. – 8:30 p.m. Fifth Quarter event for youth after Dickinson High School Football

game hosted by Greater New Hope Baptist Church free of charge

Dickinson High School, Junior High School and Middle School – Prayer at the Poles at 6:45 p.m.

The City of Webster will honor Floyd Myers for 50 years of public service on Thursday, September 25th

Helmet Give Away at Ziegler’s parking lot September 27th

Congratulations to the Dickinson High School football team, Coach Snelson and staff

Council Member King asked that the City Administration highlight the City of Dickinson by submitting different people and programs for consideration in the Texas Municipal League Annual Conference awards next year

ITEM 3.) PUBLIC COMMENTS: At this time, any person with city-related business may speak to the Council. In compliance with the Texas Open Meetings Act, The City Council may not deliberate. Comments from the public should be limited to a maximum of three (3) minutes per individual speaker.

None. ITEM 4.) CONSENT AGENDA: CONSIDERATION AND POSSIBLE ACTION: The following items are considered routine by the City Council and will be

enacted by one motion. There will not be a separate discussion on these items unless a Council member requests, in which event, the item will be removed from the consent agenda and discussed after the consent agenda.

A. Approval of the Minutes of the Regular Council Meeting of September 9,

2014.

B. Resolution Number 1415-2014 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, PROVIDING FOR THE REAPPOINTMENT OF ELLIS ORTEGO AS MUNICIPAL COURT PROSECUTOR FOR FISCAL YEAR 2014-2015; ESTABLISHING THE TERMS AND CONDITIONS FOR THE PROVISION OF MUNICIPAL


COURT PROSECUTOR SERVICES; PROVIDING FOR INCORPORATION OF PREAMBLE; AND PROVIDING AN EFFECTIVE DATE.

C. Resolution Number 1416-2014 – A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING THE RENEWAL OF THE EMPLOYEE ASSISTANCE PROGRAM AGREEMENT BY AND BETWEEN THE CITY OF DICKINSON, TEXAS, AND BAXTER ASSISTANCE SERVICES, INC. FOR FISCAL YEAR 2014-2015; AUTHORIZING EXECUTION OF THE AGREEMENT BY THE MAYOR; PROVIDING FOR INCORPORATION OF PREAMBLE; AND PROVIDING AN EFFECTIVE DATE.

D. Resolution Number 1417-2014 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DICKINSON, TEXAS, AND THE CITY OF CLEAR LAKE SHORES, TEXAS, FOR THE PROVISION OF JAIL SERVICES; PROVIDING FOR THE INCORPORATION OF PREAMBLE; AUTHORIZING EXECUTION OF THE INTERLOCAL AGREEMENT BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE.

Council Member Wilson made a motion to approve the consent agenda, and Council Member Suderman seconded the motion. There being no discussion, Mayor Pro-Tem Deats called for the vote.

VOTE: 6 AYES (Suderman, Henderson, Wilson, Deats, Decker and King) 0 NAYS MOTION PASSED

OLD BUSINESS ITEM 5.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Update on

Activities of Dickinson Bayou Watershed Steering Committee. Councilman Decker reported that there was no meeting held due to lack of a

quorum. ITEM 6.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Update on

Activities of Houston-Galveston Area Council September 16, 2014. Council Member King presented Council with an overview and update of the

H-GAC meeting held September 16, 2014.


Mayor Pro-Tem Deats asked that Council consider Item 10 and Item 11 at this time.


Competitive Sealed Bid #1408-06 for City of Dickinson Official Newspaper For Fiscal Year 2014-2015 To Either The Post Newspaper Or The Galveston County Daily News.

Council Member King made a motion to approve the award of Competitive Sealed Bid #1408-06 for City of Dickinson Official Newspaper to The Post Newspaper, and Council Member Henderson seconded the motion. A discussion followed, and City Administrator Julie Robinson clarified the questions regarding circulation numbers and the City of Dickinson coverage in each publication. Mrs. Robinson stated that representatives from both newspapers were present to answer Council’s questions. Council Member Wilson then called the question.

VOTE: 3 AYES (Suderman, Henderson and King) 3 NAYS (Wilson, Decker and Deats) MOTION FAILED

Mayor Masters was not in attendance to cast a vote to break the tie. Council Member Decker made a motion to approve the award of Competitive Sealed Bid #1408-06 for City of Dickinson Official Newspaper to The Galveston Daily News, and Council Member Deats seconded the motion. There being no discussion, Mayor Pro-Tem Deats called for the vote.

VOTE: 3 AYES (Decker, Wilson and Deats) 3 NAYS (Suderman, Henderson and King) MOTION FAILED

Following a brief discussion, City Administrator Julie Robinson stated that

no action will be taken on this item and that the City will remain with The Post Newspaper as the City of Dickinson’s official newspaper until a new contract is awarded. This item will be placed on the October 14, 2014 agenda.

ITEM 11.) CONSIDERATION AND POSSIBLE ACTION CONCERNING:

Appointment of Alternate To The Building Standards Commission. Council Member Decker nominated Dawn King as an alternate to the

Building Standards Commission. Council Member Wilson seconded the


motion. A discussion followed regarding vacancies on other City boards. There being no further discussion, Mayor Pro-Tem Deats called for the vote.


ITEM 7.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Update of

Public Works Projects

A. Dakota Street Reconstruction (2013-2014 Street Maintenance Sales Tax Project) – Estimate Of $70,919.71 From Galveston County WCID #1 For Relocation Of The Water Line.

Public Works Director Kellis George updated Council on the Dakota Street

Reconstruction project. A discussion followed regarding the City of Dickinson working with the Galveston County WCID #1 and the allocated funds for the project. Mr. George updated Council on the discussions with WCID #1 and other utilities during the semi-annual construction meeting. Council discussed the source of estimated funds allocated for projects and why this project should be treated differently from other scheduled projects.

Mr. George addressed the questions of Council regarding meetings and policies regarding upcoming projects for the year and coordination with Galveston County WCID#1 of those projects. Council Member Wilson advised Council that he had had discussions with Keith Morgan with WCID#1 regarding the Dakota Street Reconstruction. A discussion followed regarding upcoming streets and water lines under

streets that might pose a problem to future street reconstruction. Council requested that staff have further discussions with WCID#1 regarding a possible solution for the relocation of the water line on Dakota Street. If discussions are not productive, Council asked that staff bring the issue back to Council for re-consideration.


Number XXX-2014 - AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, AMENDING CHAPTER 8, "LICENSES AND BUSINESS REGULATIONS" OF THE CODE OF ORDINANCES, DICKINSON, TEXAS TO ADD A NEW ARTICLE TO BE NUMBERED AND ENTITLED ARTICLE XII, "CREDIT ACCESS BUSINESSES," TO SET FORTH REGISTRATION REQUIREMENTS AND CREDIT EXTENSION GUIDELINES FOR CREDIT ACCESS BUSINESSES; PROVIDING FOR THE INCORPORATION OF PREAMBLE; PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED $500.00 FOR EACH AND EVERY DAY A VIOLATION HEREOF OCCURS; AND PROVIDING A REPEALER


CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE AND AN EFFECTIVE DATE. (First of Three Readings)

Mayor Pro-Tem Deats read the ordinance by caption only. Council

Member Wilson made a motion to approve the ordinance on first reading, and Council Member King seconded the motion. There being no discussion, Mayor Pro-Tem Deats called for the vote.


ITEM 9.) BRIEFING AND DISCUSSION CONCERNING: Launch of New City

Website.

Management Assistant Zach Meadows provided Council with a preview of the new City of Dickinson website scheduled to be launched on September 25, 2014. Mr. Meadows then addressed the questions of Council regarding the functionality of the website. Council commended Mr. Meadows on his work on the website project.

NEW BUSINESS ITEM 12.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Designation

of City Representative and Alternate to the Houston-Galveston Area Council 2015 General Assembly.

Council Member Wilson nominated Council Member King as the Primary Representative and Mayor Julie Masters as the Alternate to the Houston-Galveston Area Council 2015 General Assembly. Council Member Suderman seconded the motion. However, after some discussion, Council Member Wilson amended his motion and nominated Council Member King as the Primary Representative and Mayor Pro-Tem Deats as the Alternate to the Houston-Galveston Area Council 2015 General Assembly, and Council Member Suderman seconded the amended motion.



Number 798-2014 - AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, APPROVING AND ADOPTING A SECOND AMENDED BUDGET FOR THE CITY OF DICKINSON, TEXAS FOR FISCAL YEAR 2013-2014; MAKING CERTAIN FINDINGS AND PROVIDING OTHER MATTERS


RELATED TO THE SUBJECT; AND PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE.

Mayor Pro-Tem Deats read the ordinance by caption only. Council Member Suderman made a motion to approve Ordinance Number 798-2014, and the motion was seconded by Council Member Henderson. There being no discussion, Mayor Pro-Tem Deats called for the vote.

VOTE: 6 AYES (Suderman, Henderson, Wilson, Deats, Decker and King)

0 NAYS MOTION PASSED


Number 1418-2014 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING AN AGREEMENT FOR BANK DEPOSITORY SOLICITATION PROCESS SERVICES BY AND BETWEEN THE CITY OF DICKINSON, TEXAS AND VALLEY VIEW CONSULTING, LLC; PROVIDING FOR INCORPORATION OF PREAMBLE; AUTHORIZING EXECUTION OF THE AGREEMENT BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE.

Mayor Pro-Tem Deats read the resolution by caption only. Council Member Suderman made a motion to approve the Resolution No. 1418-2014, and Council Member King seconded the motion. There being no discussion, Mayor Pro-Tem Deats called for the vote.

VOTE: 6 AYES (Suderman, Henderson, Wilson, Deats, Decker and King)

0 NAYS MOTION PASSED

Mayor Pro-Tem Deats announced that Council would convene in Executive Session at 8:10 p.m. ITEM 15.) EXECUTIVE SESSION: The City Council will now hold a closed executive

meeting pursuant to the provision of Chapter 551, Government Code, Vernon’s Texas Codes annotated, in accordance with the authority contained in:

A. Section 551.071 – Consultation with Attorney regarding pending or

contemplated litigation or a matter in which the duty of the City Attorney requires to be discussed in closed meeting.

B. Section 551.074 – Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of the City Secretary.


ITEM 16.) RECONVENE Mayor Pro-Tem Deats reconvened the meeting in to regular session at 9:11 p.m. ITEM 17.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Matters

discussed in Executive Session. None.

ITEM 18.) ADJOURN Council Member King made a motion to adjourn the meeting at 9:11 p.m. Council Member Wilson seconded the motion.

VOTE: 6 AYES (Henderson, Wilson, Deats, Decker and King)

0 NAYS MOTION PASSED PASSED, APPROVED AND ADOPTED this the 14th day of October, 2014. ____________________________ Julie Masters, Mayor ATTEST: _____________________________ Carolyn E. Anderson, City Secretary

ITEM 5 NOTES:________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Dickinson City Council Agenda Item Data Sheet

ACTIONS TAKEN APPROVAL

YES NO READINGS PASSED

1st 2nd 3rd OTHER

PAGE 1 OF 2

MEETING DATE October 14, 2014

TOPIC: Ordinance Number XXX-2014 AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, AMENDING CHAPTER 8, "LICENSES AND BUSINESS REGULATIONS" OF THE CODE OF ORDINANCES, DICKINSON, TEXAS TO ADD A NEW ARTICLE TO BE NUMBERED AND ENTITLED ARTICLE XII, "CREDIT ACCESS BUSINESSES," TO SET FORTH REGISTRATION REQUIREMENTS AND CREDIT EXTENSION GUIDELINES FOR CREDIT ACCESS BUSINESSES; PROVIDING FOR THE INCORPORATION OF PREAMBLE; PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED $500.00 FOR EACH AND EVERY DAY A VIOLATION HEREOF OCCURS; AND PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE AND AN EFFECTIVE DATE.

BACKGROUND: This is the second reading of this Ordinance. During the March 24, 2014 Council meeting, the Council directed me to proceed with developing regulations governing credit access businesses (also known as pay day loan businesses) operating with the City limits. The proposed Ordinance was developed using the TML sample ordinance as well as reviewing ordinances passed by other cities. The Ordinance provides for: (1) Annual registration with a $50.00 application fee, (2) A distance regulation that requires a separation of 5,000 feet between each such business. (3) Maintenance of records of all extensions of consumer credit issued or obtained by the business as well as all quarterly reports filed with the Texas Consumer Credit Commissioner. (4) A restriction on the amount of cash advanced under a transaction to no more than 20% of the consumer’s gross monthly income or, for motor vehicle title loans, the lesser of 3% of the consumer’s gross annual income or 70% of the retail value of the motor vehicle.




1st 2nd 3rd OTHER

PAGE 2 OF 2

(5) Restricts the number of payments for repayment to no more than 4 installments and the proceeds from each installment must be used to repay at least 25% of the principal amount of the extension. (6) Provides that the loan agreements must be available in English and Spanish, and, for consumers who cannot read, the agreements must be read to them. (7) Requires each credit access business to provide referral information about consumer credit counseling to each consumer. I have had discussions with the City of Denton concerning the partnership that the City has developed with the banking community to assist consumers, and I am prepared to discuss that program with the Council.

RECOMMENDATION: Staff recommends further direction and/or approval of the Ordinance.

ATTACHMENTS: Ordinance Number XXX-2014

FUNDING ISSUES Not applicable Not budgeted – If approved, the regulations will result in a

small amount of additional revenue to the General Fund. Full Amount already budgeted. Funds to be transferred from Acct.# - -

SUBMITTING STAFF MEMBER


CITY ADMINISTRATOR APPROVAL

_____________________________________________________________________________________________ CITY OF DICKINSON, TEXAS – ORDINANCE NUMBER XXX-2014 Page 1

ORDINANCE NUMBER XXX-2014 AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, AMENDING CHAPTER 8, "LICENSES AND BUSINESS REGULATIONS" OF THE CODE OF ORDINANCES, DICKINSON, TEXAS TO ADD A NEW ARTICLE TO BE NUMBERED AND ENTITLED ARTICLE XII, "CREDIT ACCESS BUSINESSES," TO SET FORTH REGISTRATION REQUIREMENTS AND CREDIT EXTENSION GUIDELINES FOR CREDIT ACCESS BUSINESSES; PROVIDING FOR THE INCORPORATION OF PREAMBLE; PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED $500.00 FOR EACH AND EVERY DAY A VIOLATION HEREOF OCCURS; AND PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE AND AN EFFECTIVE DATE.

WHEREAS, certain credit access businesses engage in abusive and predatory lending practices, offering easy money to those members of our community who are in a tight spot with onerous terms and fees; and

WHEREAS, the practices of certain access businesses cause members of

our community to become trapped in a cycle of short terms, high interest loans resulting in large debt and huge payments; and

WHEREAS, the Pew Charitable Trusts, in their publication entitled Payday

Lending in America: Who Borrows, Where They Borrow, and Why (July 2012), wrote that "payday loans are sold as two-week credit products that provide fast cash, but borrowers are actually indebted for an average of five months per year." The report further noted that "on average, a borrower takes out eight loans of $375 each per year and spends $520 on interest"; and


Lending in America: Who Borrows, Where They Borrow, and Why (July 2012), also noted: "How much borrowers spend on loans depends heavily on the fees pennitted by their state. The same $500 storefront loan would generally cost about $55 in Florida, $75 in Nebraska, $87.50 in Alabama, and $100 in Texas, even if it were provided by the same national company in all those states. Previous research has found that lenders tend to charge the maximum permitted in a state"; and


Lending in America: Who Borrows, Where They Borrow, and Why (July 2012), also stated that "the vast majority of borrowers use the loans on a long-term basis, not temporary one. Thus it seems that the payday loan industry is selling a product few people use as designed and that imposes debt that is consistently more costly and longer lasting than advertised"; and


WHEREAS, the Community Financial Services Association of America (CFSA), the national trade association for companies that offer small dollar, short-term loans or payday advances includes the following in the "Member Best Practices" as listed on its internet site (http://cfsaa.com/cfsa-member-best-practices.aspx): "Members shall not allow customers to rollover a payday advance (the extension of an outstanding advance by payment of only a fee) unless expressly authorized by state law, but in such cases where authorized will limit rollovers to four or the state limit, whichever is less." The need for consumer understanding was also outlined on this website: "A contract between a member and the customer must fully outline the terms of the payday advance transaction. Members agree to disclose the cost of the service fee both as a dollar amount and as an annual percentage rate ("APR")"; and

WHEREAS, the Center for Responsible Lending, a non-profit, non-partisan

organization, states on its internet site (http://www.responsiblelending.org/other-consumer-loans/tools- resources/fast-facts.html) that: "car title loans are based on the value of a borrower's car - the ability to repay the loans is not [a] factor in the lending decision ..."; "loan rates for a car title are typically 20-30 times that of rates charged by credit card issuers ..."; "the average car title customer renews their loan 8 times ..."; and, "on a $500 title loan, this average customer will pay back $650 in interest over eight months; the principal borrowed will be in addition;" and

WHEREAS, lenders hold onto the motor vehicle title and when borrowers

cannot continue to pay the fees, they can lose their vehicles, which can drastically affect the borrower's means of transportation for work and other essential household functions; and

WHEREAS, the City Council of the City of Dickinson, Texas, hereby finds and

determines that it is in the best interests of the citizens of the City of Dickinson to implement regulations registration requirements and credit extension guidelines for credit access businesses.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE

CITY OF DICKINSON, TEXAS, THAT:

Section 1. All matters and facts set forth in the recitals hereinabove are found to be true and such recitals are hereby approved and made a part of this Ordinance for all purposes.

Section 2. Chapter 8, "Licenses and Business Regulations" of the Code of

Ordinances, Dickinson, Texas, is hereby amended to add a new article to be numbered and entitled Article XII "Credit Access Businesses," which article shall read as follows:

http://cfsaa.com/cfsa-member-best-practices.aspx)

http://cfsaa.com/cfsa-member-best-practices.aspx)

http://www.responsiblelending.org/other-consumer-loans/tools

http://www.responsiblelending.org/other-consumer-loans/tools


“ARTICLE XII. Credit Access Businesses

Sec. 8-330. Short title and purpose. (a) This article may be known and cited as "Credit Access Businesses Regulation." (b) The purpose of this article is to protect the welfare of the citizens of the City of Dickinson by monitoring credit access businesses in an effort to reduce abusive and predatory lending practices. To this end, this article establishes a registration program for credit access businesses, imposes restrictions on extensions of consumer credit made by credit access businesses, and imposes recordkeeping requirements on credit access businesses. Sec. 8-331. Definitions.

The following words, terms and phrases, when used in this article, shall

have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Certificate of registration means a certificate of registration issued by the

director under this article to the owner or operator of a credit access business.

Consumer means an individual who is sol icited to purchase or who purchases the services of a credit access business.

Consumer 's language of preference is the language the consumer understands best. Credit access business has the meaning given that term in V.T.C.A., Finance Code §393.601.

Deferred presentment transaction has the meaning given that term in V.T.C.A., Finance Code §393.601.

Director means the director of the department designated by the City Administrator or his or her designee, to enforce and administer this chapter. Extension of consumer credit has the meaning given that term in V.T.C.A., Finance Code §393.001. Motor vehicle title loan has the meaning given that term in V.T.C.A., Finance Code §393.601.

Registrant means a person issued a certificate of registration for a credit access business under this chapter and includes all owners and operators of the


credit access business identified in the registration application filed under this article.

State license means a license to operate a credit access business issued by the Texas Consumer Credit Commissioner under V.T.C.A., Finance Code Ch. 393, Subch. G. Sec. 8-332. Violations; penalty. (a) A person who violates a provision of this article, or who fails to perform an act required of the person by this article, commits an offense. A person commits a separate offense for each and every violation relating to an extension of consumer credit, and for each day during which a violation is committed, permitted, or continued. (b) An offense under this article is punishable by a fine of not more than $500 per day in accordance with S ection 1-4 of the Code of Ordinances. (c) A culpable mental state is not required for the commission of an offense under this article and need not be proved. (d) The penalties provided for in Subsection (b) are in addition to any other remedies that the city may have under city ordinances and state law. Sec. 8-333. Defenses.

It is a defense to prosecution under this article that at the time of the alleged offense, the person was not required to be licensed by the state as a credit access business under V.T.C.A., Finance Code Ch. 393, Subch. G. Sec. 8-334. Registration required.

A person commits an offense if the person acts, operates, or conducts business as a credit access business without a valid certificate of registration. A certificate of registration is required for each physically separate credit access business. Sec. 8-335. Registration application. (a) To obtain a certificate of registration for a credit access business, a person must submit an application on a form provided for that purpose to the director. The application must contain the following:

(1) The name, street address, mailing address, facsimile number, and telephone number of the applicant.


(2) The business or trade name, street address, mailing address, facsimile number, and telephone number of the credit access business.

(3) The names, street addresses, mailing addresses, and telephone

numbers of all owners of the credit access business and other persons with a financial interest in the credit access business, and the nature and extent of each person's interest in the credit access business.

(4) A copy of a current, valid state license held by the credit access

business pursuant to V.T.C.A., Finance Code Ch. 393, Subch. G. (5) A copy of a current, valid certificate of occupancy showing that

the credit access business is in compliance with the code. (6) A non-refundable application fee in the amount of $50.00.

(b) An applicant or registrant shall notify the director within 45 days after any material change in the information contained in the application for a certificate of registration, including, but not limited to, any change of address and any change in the status of the state license held by the applicant or registrant. Sec. 8-336. Issuance and display of certificate of registration; presentment upon request. (a) The director shall issue to the applicant a certificate of registration upon receiving a completed application under Section 8-335. (b) A certificate of registration issued under this section must be conspicuously displayed to the public i n the credit access business. The certificate of registration must be presented upon request to the director or any peace officer for examination. Sec. 8-337. Expiration and renewal of certificate of registration. (a) A certificate of registration expires on the earlier of:

(1) One year after the date of issuance; or (2) The date of revocation, suspension, surrender, expiration

without renewal, or other termination of the registrant's state license.


(b) A certificate of registration may be renewed by making application in accordance with Section 8-335. A registrant shall apply for renewal at least 30 days before the expiration of the registration. Sec. 8-338. Non-transferability. A certificate of registration for a credit access business is not transferable. Sec. 8-339. Location of credit access businesses.

Any lot containing a credit access business establishment shall be located at least 5,000 feet from any lot containing another credit access business establishment, as measured in a straight line between the nearest points of one lot to the other lot. Sec. 8-340. Maintenance of records. (a) A credit access business shall maintain a complete set of records of all extensions of consumer credit arranged or obtained by the credit access business, which must include the following information:

(1) The name and address of the consumer; (2) The principal amount of cash actually advanced; (3) The length of the extension of consumer credit, including the

number of installments and renewals; (4) The fees charged by the credit access business to arrange or

obtain an extension of consumer credit; and (5) The documentation used to establish a consumer's income under

Section 8 -341 of this Article.

(b) A credit access business shall maintain a copy of each written agreement between the credit access business and a consumer evidencing an extension of a consumer credit (including, but not limited to, any refinancing or renewal granted to the consumer). (c) A credit access business shall maintain copies of all quarterly reports filed with the Texas Consumer Credit Commissioner under V.T.C.A., Finance Code §393.627. (d) The records required to be maintained by a credit access business under this section must be retained for at least three years and made available for inspection by the city upon request during the usual and customary business hours of the credit access business.


Sec. 8-341. Restriction on Extension of Consumer Credit. (a) The cash advanced under an extension of consumer credit that a credit access business obtains for a consumer or assists a consumer in obtaining in the form of a deferred presentment transaction may not exceed 20 percent of the consumer's gross monthly income. (b) The cash advanced under an extension of consumer credit that a credit access business obtains for a consumer or assists a consumer in obtaining in the form of a motor vehicle title loan may not exceed the lesser of:

(1) Three percent of the consumer's gross annual income; or (2) 70 percent of the retail value of the motor vehicle.

(c) A credit access business shall use a paycheck or other documentation establishing income to determine a consumer's income. (d) An extension of consumer credit that a credit access business obtains for a consumer or assists a consumer in obtaining and that provides for repayment in installments may not be payable in more than four installments. Proceeds from each installment must be used to repay at least 25 percent of the principal amount of the extension of consumer credit. An extension of consumer credit that provides for repayment in installments many not be refinanced or renewed. (e) An extension of consumer credit that a credit access business obtains for a consumer or assists a consumer in obtaining and that provides for a single lump sum repayment may not be refinanced or renewed more than three times. Proceeds from each refinancing or renewal must be used to repay at least 25 percent of the principal amount of the original extension of consumer credit. (f) For purposes of this section, an extension of consumer credit that is made to a consumer within seven days after a previous extension of consumer credit has been paid by the consumer will constitute a refinancing or renewal. Sec. 8-342. Requirement of consumer understanding of agreement. (a) Every credit access business location must maintain on its premises, to be available for use by consumers, agreements in the English and Spanish languages. (b) For every consumer who cannot read, every agreement between the credit access business and a consumer evidencing an extension of consumer credit (including, but not limited to, any refinancing or renewal granted to the consumer) must be read to the consumer in its entirety, prior to the consumer's signature.


(c) For every consumer who cannot read, every disclosure and notice required by law must be read to the consumer in its entirety, prior to the consumer's signature. Sec. 8-343. Referral to consumer credit counseling.

A credit access business shall provide a form, to be prescribed by the director, to each consumer seeking assistance in obtaining an extension of consumer credit which references non-profit agencies that provide financial education and training programs and agencies with cash assistance programs. The form will also contain information regarding extensions of consumer credit, and must include the information required by Section 8-340(a)(1)-(5) of this Article specific to the loan agreement with the consumer. If the director has prescribed a form in the consumer's language of preference, the form must be provided in the consumer's language of preference.”

Section 3. Any person who fails to comply with any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding FIVE HUNDRED AND NO/ I 00 DOLLARS ($500.00). Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief, administrative adjudication and revocation of licenses or permits.

Section 4. All ordinances or parts of ordinances inconsistent with the

terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance.

Section 5. If any provisions, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable.

Section 6. This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper the City of Dickinson at least twice within ten (10) days after passage of this ordinance.

DULY PASSED AND APPROVED on First Reading on this the 23rd day of September, 2014.


DULY PASSED AND APPROVED on Second Reading on this the ____ day of ______________________, 2014. DULY PASSED, APPROVED AND ADOPTED on Third and Final Reading on this the _____ day of __________________, 2014. ___________________________________ Julie Masters, Mayor City of Dickinson, Texas ATTEST: __________________________________ Carolyn E. Anderson, City Secretary City of Dickinson, Texas APPROVED AS TO FORM AND CONTENT: __________________________________ Donna L. Johnson, City Attorney City of Dickinson, Texas




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TOPIC Award of Competitive Sealed Bid #1408-06 for City of Dickinson Official Newspaper For Fiscal Year 2014-2015 To Either The Post Newspaper Or The Galveston County Daily News.

BACKGROUND A formal invitation to bid for the annual contract for publication of notices, ordinances and other matters required by law to be published and advertising in accordance with the specifications outlined in Competitive Sealed Bid #1408-06 was published in the The Post Newspaper on August 13 and 20, 2014. Two bids were received and were opened on August 29, 2014, at approximately 10:10 a.m. City Staff has reviewed and qualified the bids. Section 2.7 of the bid documents required bidders to submit pricing for samples provided. The Post Newspaper did not provide pricing for the samples in their bid. Price Per Column Inch As documented on the bid tabulation sheet, The Post provided the lowest price bid to the City with a bid of $8.00 per column inch for up to two years. The Galveston County Daily News submitted a bid that is higher in price per column inch ($15.00 per inch). Publication Days The Post Newspaper publishes twice per week on Sunday and Wednesday. The Galveston County Daily News publishes 7 days per week. Paid Subscriptions The Post Newspaper has 12 paid subscribers in the 77539 zip code, and a total of 197 paid subscribers. The Post Newspaper delivers over 3,000 free newspapers in the 77539 zip code at different locations such as Ziegler's, Walgreens, the Historic Railroad Center, Dickinson Public Library and the lobby of City Hall. The Post Newspaper publishes the entire newspaper online with an extra link to legal notices. The Galveston County Daily News has 1,180 home-delivered, paid subscribers in the 77539 zip code, and a total of approximately 20,672 paid subscribers. The Galveston County Daily News provides approximately 575 free newspapers.




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Value-Added Items In addition to the price per column inch submitted, the Galveston County Daily News has also offered the following items free to the City: (1) Free affidavits (regular fee is $6 per unit); (2) Free notary public services; (3) Free tear sheets; (4) Free additional tear sheets upon request; (5) Six (6) free print/digital subscriptions to The Galveston County Daily News ($1,080 annual value); (6) Free web link to City of Dickinson’s website from www.galvnews.com ($1,200 annual value); (7) Free public digital access to all City of Dickinson legal advertising; and (8) Free email delivery of City of Dickinson legal advertising to individuals upon request. The bid documents were written to require information from bidders that would help staff determine the best value for the City of Dickinson. While The Post Newspaper definitely provides the lowest price per column inch, there is limited distribution. While The Galveston County Daily News submitted a much higher price per column inch, it provides access to more daily readers (approximately 20,000 paid subscriptions) and has a higher distribution, resulting in a lower cost per reader for published advertisements. The City Council will need to decide which bidder provides the best value to the City.

RECOMMENDATION None

ATTACHMENTS Bid Tabulation Sheet Copy of Competitive Sealed Bid #1408-06

FUNDING ISSUES Not applicable Not budgeted Full Amount already budgeted. Funds to be transferred from Acct.# - -




COMPETITIVE SEALED BID # 1408-06

OFFICIAL NEWSPAPER FOR CITY OF DICKINSON

BID OPENING DATE: AUGUST 29, 2014

BID TABULATION SHEET

Bids closed at 10:00 A.M. on the 29th day of August 2014. Present at the bid opening was: Management Assistant Zach Meadows. Bids were opened at 10:10 A.M. by Management Assistant Zach Meadows, and were as follows:

SUBMITTER: The Post Newspaper

Item Description Unit Budgeted

Qty Unit Cost

Extended Cost

1 Legal Notices to run one weekday only Column Inch 1 $8.00 $8.00

2 Standard Type Size and Column Width for Ad (One Weekday Only)

8 pt Type Size Column Width 1.1167 inches

3 Publication Dates Every Sunday and Wednesday

4 Normal Submission Deadline (Da and Time) for One Weekday Only

Column Inch

Friday Noon and Monday Noon

5 “Drop Dead” Submission Deadline (Day and Time) for One Weekday Only

Column Inch

Friday 2:00 p.m. and Monday 2:00 p.m.

GRAND

TOTAL:

$8.00 per inch

SUBMITTER: Galveston Newspapers, Inc. (Galveston Daily News)


Qty Unit Cost

Extended Cost

1 Legal Notices to run one weekday only Column Inch 1

$15.00 ($1.50 per

line)


1.0972 inches/6.11 pt standard ITC Avent Grade Standard

3 Publication Dates 7 days – Sunday - Saturday

4 Normal Submission Deadline (Da and Time) for One Weekday Only

Column Inch

Line ads – noon day before Display – noon 2 days before


Column Inch

Line ads – noon day before Display – noon 2 days before

GRAND

TOTAL:

$15.00 per inch

COMPETITIVE SEALED BID #1408-06


BID OPENING DATE:

August 29, 2014

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COMPETITIVE SEALED BID #1408-06 Page 1 OFFICIAL NEWSPAPER FOR CITY OF DICKINSON

COMPETITIVE SEALED BID CITY OF DICKINSON, TEXAS

COMPETITIVE SEALED BID #1408-06 OFFICIAL NEWSPAPER FOR CITY OF DICKINSON

_____________________________________________________________________________________________________________________


OFFICIAL NEWSPAPER FOR CITY OF DICKINSON COMPETITIVE SEALED BID #1408-06

TABLE OF CONTENTS CONTRACT DOCUMENTS

Schedule Summary

Invitation to Bid

General Specifications

Technical Specifications and Exhibits

Instructions to Bidders General Conditions of Bidding

City of Dickinson Contractor Insurance Requirements

Supplemental Information / Minority/Woman-Owned Business Participation Bid Form

References Supplemental Information Conflict of Interest Questionnaire Bidder Reminder List

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BID OPENING DATE: August 29, 2014


SCHEDULE SUMMARY

Wednesday August 13, 2104 Bid Documents Released and 1st Legal Advertising for Bid

Wednesday August 20, 2014 2nd Legal Advertising for Bid

Wednesday August 27, 2014 Last day for inquiries and

clarifications

Friday August 29, 2014 10:00 am

10:10 am

Deadline for Submission of

Bids

Opening of Bids

Tuesday September 9, 2014 City Council Award of Bid

Note: This schedule is preliminary and may be modified at the discretion of the owner.

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COMPETITIVE SEALED BID #1408-06 OFFICIAL NEWSPAPER FOR CITY OF DICKINSON

INVITATION TO BID

The City of Dickinson is accepting Competitive Sealed Bids for the annual publication of notices, ordinance and other matters required by law to be published, and advertising in accordance with the specifications outlined in Competitive Sealed Bid #1408-06. It is anticipated that the services provided by the Successful Bidder will commence on or about October 1, 2014. BIDS MUST BE RECEIVED BY THE CITY SECRETARY OF THE CITY OF DICKINSON NO LATER THAN 10:00 A.M. ON FRIDAY, AUGUST 29, 2014. NO BID WILL BE ACCEPTED AFTER THAT DATE AND TIME. ALL BIDS RECEIVED AFTER THAT DATE AND TIME WILL BE CONSIDERED UNRESPONSIVE. BIDS WILL BE PUBLICLY OPENED AND READ AT DICKINSON CITY HALL LOCATED AT 4403 STATE HIGHWAY 3, DICKINSON, TEXAS 77539 ON FRIDAY, AUGUST 29, 2014, AT 10:10 A.M. Bid documents may be downloaded from the Purchasing Page of the City of Dickinson’s website at www.ci.dickinson.tx.us or from http://www.publicpurchase.com/gems/dickinson,tx/buyer/public/home or obtained in person at Dickinson City Hall, 4403 State Highway 3, Dickinson, Texas. Minority and small business vendors or contractors are encouraged to submit bids on any and all City of Dickinson projects. All bids submitted for City consideration must include the original and one copy, be clearly marked on the outside of the sealed envelope with the words “Competitive Sealed Bid #1408-06, Official Newspaper for City of Dickinson, Attention: Carolyn Anderson, City Secretary”, and must contain the name of the company submitting the bid. A performance bond will be required for all contracts over $100,000.00 and a payment bond will be required for all contracts over $25,000.00. A separate maintenance bond may be required for all contracts less than $100,000.00. Otherwise, it is included with the performance bond. Payment bonds are to be for 100% of the contract price. The City reserves the right to reject any or all bids and waive any or all irregularities or to proceed otherwise when in the best interest of the City. Bids shall be valid for a period of sixty (60) days from the date bids are opened.

1st Advertisement: The Post Newspaper, August 13, 2014 2nd Advertisement: The Post Newspaper, August 20, 2014

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GENERAL SPECIFICATIONS The City of Dickinson is accepting Competitive Sealed Bids for the annual publication of notices, ordinances and other matters required by law to be published, and advertising in accordance with the specifications outlined in this document. It is anticipated that the services provided by the Successful Bidder will commence on or about October 1, 2014. 1. Bids shall be submitted to the City Secretary of the City of Dickinson, Texas by 10:00

a.m., on Friday, August 29, 2014. 2. The City of Dickinson reserves the right to accept or reject any and all proposals, to accept any

proposal deemed advantageous and to waive irregularity in the proposals. By bidding, the bidder acknowledges and will adhere to all bid specifications as stated within this bid packet.

3. AWARD OF BID TO CONSTITUTE A CONTRACT AND TERM OF CONTRACT: The award of

this Bid to the Successful Bidder shall constitute a contract, and the term of the contract shall be two (2) years from date of award. Upon completion of the term of the originalcontract, and upon the mutual agreement of both parties, the original contract may be renewed for two (2) additional one year periods. The unit prices of all items purchased under this annual contract are firm for the first annual period of this contract. However, if the option to renew for an additional one-year period is exercised by the City of Dickinson, a price adjustment upward may be requested by the Successful Bidder by the application of the formula set forth in the following paragraph. The index to be used in the computation of the price adjustment shall be the “All Items Index” category as quoted in the publication Consumer Price Index for the Houston-Galveston-Brazoria Consolidated Metropolitan Statistical Area, which is issued by the U.S. Department of Labor, Bureau of Labor Statistics.

The index for the month most recently published at the time of bid award shall be used as a base for determining price adjustment(s). The index for the month most recently published at the time of contract expiration/possible renewal shall be used in determining the adjusted contract price(s) for the ensuing contract period(s), should renewal option(s) be exercised and unit price adjustments be requested. Contract price adjustments shall be determined as follows: Unit Price % change (the point difference between the base index and the subsequent specified index is divided by the beginning index points, and multiplied by 100) in the index equals amount of price change eligible for adjustment. Whenever a price adjustment is made pursuant to this clause in contracts with multiple renewal options, the index that was used for computing the most recent price adjustment(s) shall become the new base index for determining further adjustments. There shall be a minimum of at least twelve months between price adjustments for contracts having multiple renewal options.

4. TERMINATION OF CONTRACT: The City of Dickinson reserves the right to terminate the contract immediately in the event of the following actions on part of the successful bidder:

a. By failing to pay insurance, liens, claims, or other charges. b. By failing to pay any payments due the City, State or Federal Government from the

successful bidder or its principals, including, but not limited to payments identified in this agreement or any taxes, fees, assessments, or liens.

c. Upon the institution of voluntary or involuntary bankruptcy proceedings against the successful bidder or upon dissolution of the firm or business.

d. By violation of any provision of the agreement. e. By failing to respond within the prescribed time, including weekends and holidays.

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f. By providing substandard work, or work the City deems to be otherwise unacceptable. g. Additionally, the City reserves the right to terminate the contract without cause upon

written notice 30 days prior to the date of termination. h. Multiple instances of missed notice publications, or incorrect or incomplete notices

published. 5. This contract will be awarded on an all-or-none basis to the lowest responsible, responsive

bidder having sufficient ability to perform this contract for the City of Dickinson. Factors used to determine responsive and responsible bidder shall include:

a. Ability to accommodate late-notice requests for legal publications (bidders should state

publication deadline(s) relative to date of printing and delivery). b. Provide the paper clipping of each individual publication attached to affidavit of

publication with monthly invoice. c. Provide at no extra charge within 48 hours additional publications and affidavits as

needed. d. Provide a proof of a requested publication item no later than two (2) days before

publication of said item. e. Confirm receipt of requests for publication by fax or email within two (2) hours of the

requests. f. Bidders must provide the contract telephone numbers, fax numbers and email

addresses where requests for publications are to be made. Anytime any of these numbers change the City’s Purchasing Officer and City Secretary must be notified within 48 hours.

g. Circulation, as described in Section 2.4 of Technical Specifications. 6. NO PERSON has the authority to verbally alter these specifications. Any changes to

specifications will be made in writing and posted to the Purchasing Page of the City of Dickinson website at www.ci.dickinson.tx.us.

7. Bidders shall provide a reference list of a minimum of three (3) current customers of comparable

size whom the bidder has recently supplied subject item(s). 8. If further information is needed concerning these specifications, please contact:

Carolyn E. Anderson, City Secretary 4403 Highway 3

Dickinson, Texas 77539 Phone # (281) 337-6217, Fax # (281) 337-6190

E-mail: [email protected]

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TECHNICAL SPECIFICATIONS FOR OFFICIAL NEWSPAPER FOR CITY OF DICKINSON


General: This is for the publication of notices, ordinances, and other matters required by law to be published, and advertising in accordance with the specifications outlined in this document.

1.0 STATUTORY REQUIREMENTS:

Government Code Requirement

1.1 (Chapter 2051.044 Type of Newspaper Required)

a) Devote not less than 25 percent of its total column lineage to general interest items;

b) Be published at least once each week; c) Be entered as second-class postal matter in the county where published; d) Have been published regularly and continuously for at least 12 months

before the governmental entity or representative publishes notice. e) A weekly newspaper has been published regularly and continuously

under this section if the newspaper omits not more than two issues in the 12- month period.

(Chapter 2051.045 Legal Rate Charged for Publication) f) The legal rate for publication of a notice in a newspaper is the newspaper’s lowest published rate for classified advertising.

1.2 City Charter Requirements (Section 12.03): The City Council shall declare annually an official newspaper of general

circulation in the City. All ordinances, notices and other matters required by this charter, city ordinance, or the constitution and laws of the State of Texas shall be published in the official newspaper.

1.3 Local Government Code, Chapter 252.041 – Notice Requirement If the competitive sealed bidding requirement applies to the contract, notice of the

time and place at which the bids will be publicly opened and read aloud must be published at least once a week for two consecutive weeks in a newspaper published in the municipality.

2.0 PERFORMANCE REQUIREMENTS

2.1 Bidder must be capable of receiving notices prepared by the City of Dickinson in all of the following manners and formats:

a) Text copies via facsímile device; b) Text copies via electronic transfer; c) Graphic copies via electronic transfer; d) Text and/or Graphic copies via in-person pick up by vendor from the City

Secretary’s office upon request.

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2.2 The bidder must republish all incomplete or incorrect notices in their entirety in

the next publication at no charge to the City. 2.3 Billing: The bidder must be able to submit an invoice for the publication of

notices within 30 days of publication or sooner. All invoices shall be addressed to City of Dickinson, Attn: Accounts Payable, 4403 Highway 3, Dickinson, Texas 77539.

2.4 Certified Affidavit: Monthly, upon distribution of the invoice, the publisher will

submit to the City Secretary’s office a publisher’s affidavit with attached cut clipping (tear sheet) of the published notice(s) and a certified statement by the publisher that includes the following information:

a) States the rate charged; b) Certifies that the rate charged is the newspaper's lowest published rate

for classified advertising; c) Certifies the dates of the publication.

Note: Additional affidavits will be furnished at no charge upon request.

2.5 Bidder must provide both paid and non-paid circulation data for the Dickinson Zip Code with bid. These data must include subscription mailings, rack placements (with address and facility listing of public locations where papers are regularly made available) and any other type of circulation. All circulation figures are to be substantiated by audits and/or mailing certifications etc.

2.6 On circulation day, the successful bidder shall provide five (5) copies of the

newspaper to be delivered to the City’s Secretary’s Office for distribution at no cost to the City.

2.7 Bidders shall provide actual samples as they would appear in publication. Bidder

shall submit samples using Helvetica Narrow with a standard font size of 8 pt. with spacing of relative scale as that reflected in bid samples. Bidder shall provide pricing for each sample submitted (reflecting column inch total X quoted advertising rate).

2.8 Bidder shall state day(s) of publication and distribution, as well as deadlines for

inclusion in a particular issue. 2.9 Successful bidder must have website presence, with capability to post City’s

legal notices to paper’s website. Bidders should submit any supporting documentation available to substantiate number of “hits” or “views” on its website and indicate whether a subscription is required for individuals to see the legal notices on the paper’s website.

2.10 It is anticipated that all advertising for the City will be placed through this

contract; however, it may be necessary to place advertisements outside the contract. The City reserves the right to make such determinations without adversely affecting the contract.

_____________________________________________________________________________________________________________________


INSTRUCTIONS TO BIDDERS READ THIS ENTIRE DOCUMENT CAREFULLY AND FOLLOW ALL INSTRUCTIONS. YOU ARE RESPONSIBLE FOR FULFILLING ALL REQUIREMENTS STATED HEREIN. THE INSTRUCTIONS AND CONDITIONS APPLY TO ALL BIDS/PROPOSALS AND BECOME A PART OF THE TERMS AND CONDITIONS OF ANY BID/PROPOSAL SUBMITTED AND ANY AGREEMENT ENTERED INTO SUBSEQUENT THERETO, UNLESS EXCEPTION IS TAKEN IN WRITING BY BIDDER WHEN SUBMITTING BID. 1. BIDS, PREPARATION AND SUBMITTAL Bidders must utilize the Bid Form and must submit an original and one (1) copy of the sealed bid/written quote/proposal to the City Secretary prior to the response due date and time as described in the Invitation to Bidders. Failure to submit the additional copy may result in the bid being declared unresponsive to specification and may not be further evaluated. All figures must be written in ink or typed. Figures written in pencil or erasures are not acceptable. However, mistakes may be crossed out, corrections inserted and initialed in ink by the person signing the Bid Form. No oral, telegraphic, telephonic, e-mailed or facsimile bids will be considered. All bids must be submitted in a sealed envelope. Bidders must provide all documentation required with the bid response. Failure to provide this information may result in rejection of bid. For additional instructions related to Bid Preparation, please see the General Conditions of Bidding contained herein. 2. INTENT OF BID DOCUMENTS Bidders should fully inform themselves as to all conditions and matters that can in any way affect the costs thereof. Should a bidder find discrepancies in, or omission from, the bid documents, or should there be any doubt as to a document’s meaning and intent, the Bidder should notify the City at once and obtain clarification prior to submitting a bid. The submission of a bid by Bidder shall be conclusive evidence that the Bidder is fully acquainted with and satisfied as to character, quality and quantity of equipment and/or services to be furnished. 3. DELIVERY OF BIDS Bids received prior to the time of the opening will be kept securely unopened. Bids received after the time specified in the Invitation to Bid shall be considered late and shall be returned unopened. The person whose duty it is to open the bids will decide when the specified time has arrived for the opening of the bids. No responsibility will be attached to an officer of the City for the premature opening of a bid not properly addressed and identified. No oral, telegraphic, telephonic, e-mailed or facsimile bids will be considered. 4. SIGNATURES All bid responses are required to be signed by an authorized representative of the bidding entity. Bid responses received unsigned will result in the bid being declared unresponsive to specification and may not be further evaluated. 5. BID ALTERATION/WITHDRAWAL Bids cannot be altered or amended after the submission deadline. The signer of the bid, guaranteeing authenticity, must initial any interlineations, alteration, or erasure made before bid opening time. Bids may be withdrawn by written request signed by the bidder prior to the time fixed for bid opening; however, such written request must be received by the City in the normal course of business and prior to the time fixed for

_____________________________________________________________________________________________________________________


bid opening. Negligence on the part of the bidder in preparing the bid represents no right for withdrawal after the bid is opened. No bids may be withdrawn for a period of sixty (60) calendar days after opening of the bids. 6. DISQUALIFICATIONS OF BIDDERS The bidders may be disqualified and their bids and proposals not considered for the following reasons, including, but not limited to:

Reason for believing collusion exists between bidders. The bidder being an interested party in any litigation against the City. Failure to use the Bid Form furnished by the City. Failure to comply with any of the requirements contained herein. Lack of signature by an authorized representative on the Bid Form. Failure to properly complete the Bid Form. Bidder is indebted to the City.

7. BID OPENINGS All bids submitted will be opened publicly in the City Hall Council Chambers, at the date and time shown in the Invitation to Bidders. However, the reading of a bid at bid opening should not be construed as a comment on the responsiveness of such bid or as any indication that the City accepts such bid as responsive. The City will make a determination as to the responsiveness of bids submitted based upon compliance with all applicable laws, City of Dickinson Purchasing Guidelines, and project documents, including, but not limited to, the project specifications and contract documents. The city will notify the successful bidder upon award of the contract, and, according to State law, all bids received will be available for inspection at that time, unless otherwise provided by law. 8. BASIS OF AWARD It is the intent of the City to award the Contract to the bidder(s) submitting the most efficient and/or most economical for the City. It shall be based on all factors, which have a bearing on price and performance of the items in the user environment. All bids are subject to re-tabulation. Compliance with all bid requirements, delivery and needs of the using department are considerations in evaluating bids. The City of Dickinson reserves the right to contact any offer or, or at any time, to clarify, verify or request information with regard to any bid. Unless stipulated in the attached bid specifications, the contract will be awarded to the lowest responsible bidder or to the bidder who provides goods and services specified herein at the best value for the City of Dickinson in compliance with Section 252.043 of the Texas Local Government Code. The City reserves the right to waive any formality or irregularity, to make awards to more than one offer or, or to reject any or all bids. 9. BID TABULATION Bidders desiring a copy of the bid tabulation may request it by enclosing a self-addressed, stamped envelope with the bid. BID RESULTS WILL NOT BE GIVEN BY TELEPHONE. You may also download a copy on the City of Dickinson’s website from the Purchasing Page at www.ci.dickinson.tx.us.

_____________________________________________________________________________________________________________________


10. PROTESTS All protests regarding the bid solicitation process must be submitted in writing to the City Administrator within five (5) working days following the opening of the bids. This includes all protests relating to advertising of bid notices, deadlines, bid opening, and all other related procedures under the Texas Local Government Code, as well as any protests relating to alleged improprieties or ambiguities in the specifications. This limitation does not include protests relating to staff recommendations as to award of this bid. Protests relating to staff recommendations may be directed to the City Administrator within five (5) working days of the staff recommendation memo. Unless otherwise provided by law, all staff recommendations will be made available for public review prior to consideration by the City Council.

_____________________________________________________________________________________________________________________


GENERAL CONDITIONS OF BIDDING This Bid does not commit the City of Dickinson to award a contract or to pay any costs incurred as a result of preparing such a response. The City reserves the right to accept or reject any and all responses received in response to this request, to negotiate with all qualified respondents or to cancel in part or in its entirety this Bid if it is in the best interest of the City. Upon award of bid, the specifications and provisions of this bid document shall constitute a contract between the City of Dickinson and the successful bidder. BIDDING 1. PRICING: Price(s) quoted must be held firm for a minimum of ninety (90) days from the date of bid

closing. In the case of estimated requirement contract bid, the prices must remain firm for the period as specified in the bid. “Discount from list” bids are not acceptable unless specifically requested in the bid.

2. ERROR-QUANTITY: Bids must be submitted on units of quantity specified, extended, and show

total. In the event of discrepancies in extension, the unit prices shall govern. 3. EXCEPTIONS/SUBSTITUTIONS: All submittals meeting the intent of this bid/request for proposal

will be considered for award. Bidders taking exception to the specifications, or offering substitutions, shall state these exceptions in the section provided or by attachment as part of the qualifications. The absence of such a list shall indicate that the Bidder has not taken exceptions and shall hold the Bidder responsible to perform in strict accordance with the specifications of the invitation. The City of Dickinson reserves the right to accept any and all or none of the exception(s)/substitution(s) deemed to be in the best interest of the City.

4. PROPRIETARY INFORMATION: If a bid contains proprietary information, the Bidder must declare

such information as proprietary if Bidder does not want information to become public. Any proprietary information must be indicated in the index and clearly identified in the qualifications.

5. CORRESPONDENCE: The bid number assigned to this Project must appear on ALL

correspondence, inquiries, bid submittal documents, etc. pertaining to this Invitation for Bid. 6. ADDENDA: Any interpretations, corrections or changes to this Invitation for Bid and specifications

will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Dickinson City Secretary. An attempt will be made to mail, fax, or e-mail any addenda to all who are known to have received a copy of this Invitation for Bid. Bidders shall acknowledge receipt of all addenda in the designated area on the bid document. It is the responsibility of the bidder to ensure receipt of all addenda and to include the changes in this bid document.

7. CHANGE ORDERS: No oral statement of any person shall modify or otherwise change, or affect the

terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing by the City.

8. INQUIRIES: Any inquiries concerning the bid documents shall be addressed to Carolyn Anderson,

City Secretary, by telephone (281) 337-6217 or e-mail [email protected]. Any attempt on the part of a bidder or his representative to contact an elected official regarding this bid or its award will disqualify the bidder.

_____________________________________________________________________________________________________________________


PERFORMANCE 9. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder

must affirmatively demonstrate bidder’s responsibility. In addition to the factors identified in Paragraph 5 of the General Specifications herein, a prospective bidder must meet the following requirements:

A. Have adequate financial resources, or the ability to obtain such resources as required; B. Be able to comply with the required or proposed delivery schedule; C. Have a satisfactory record of performance; D. Have a satisfactory record of integrity and ethics; and E. Be otherwise qualified and eligible, as determined by the City, to receive an award.

The City may request representation and other information sufficient to determine bidder’s ability to meet these minimum standards listed above.

10. ASSIGNMENT: The successful bidder shall not sell, assign, transfer or convey this contract in whole

or in part, without the prior written consent of the City. 11. PATENT RIGHTS: The Bidder agrees to indemnify and hold the City harmless from any claim

involving patent right infringement or copyrights on goods or services supplied. 12. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business

arrangement with any employee, official or agent of the City of Dickinson. PURCHASE ORDERS AND PAYMENT 13. BID SECURITY/BOND REQUIREMENTS: If required, bid security shall be submitted with bids. Any

bid submitted without required bid bond, or cashiers/certified check, shall be considered non-responsive and will not be considered for award. Performance and/or payment bonds, when required, shall be submitted to the City, prior to commencement of any work pursuant to the agreement provisions.

14. APPROPRIATION CLAUSE: The City of Dickinson is a Texas home-rule municipal corporation

operated and funded on an October 1 to September 30 basis. Accordingly, the City reserves the right to terminate, without liability to the City, any contract for which funding is not available.

15. TAXES: The City is exempt from Federal Manufacturer’s Excise, and State sales taxes. TAX MUST

NOT BE INCLUDED IN BID PRICING. Tax exemption certificates will be executed by the City and furnished upon request by the Administrative Services Manager.

16. PAYMENT TERMS: Payment terms are Net 30 upon receipt and acceptance by the City for item(s)

and/or service(s) ordered and delivered after receipt of a valid invoice, in accordance with the State of Texas Prompt Payment Act, Chapter 2251, Texas Government Code. Prompt payment discounts may be used by the City in determining the bidder who provides goods or services at the best value for the municipality. Successful Bidder is required to pay subcontractors within ten (10) days of work performed.

17. INVOICES: Invoices must be submitted by the successful bidder in duplicate to the City of

Dickinson, Attn: Accounts Payable, 4403 State Highway 3, Dickinson, Texas 77539.

_____________________________________________________________________________________________________________________


CONTRACT 18. CONTRACT PERIOD/RENEWAL OPTIONS: In the case of an annual contract bid, the contract shall

be for a predetermined period as specified in the Invitation for Bids. If a clause for option to renew for additional period(s) is (are) included, renewal(s) will be based solely upon the option and written agreement between both the City and the successful bidder. Either party dissenting will terminate the contract in accordance with its initial specified term.

19. INTERLOCAL AGREEMENT: Successful bidder agrees to extend prices to all entities that have

entered into or will enter into joint purchasing Interlocal Cooperation Agreements with the City. The City has executed Interlocal Agreements, as permitted under Section 791.025 of the Texas Government Code with certain other governmental entities in Harris and/or Galveston Counties authorizing participation in a cooperative purchasing program. The successful bidder may be asked to provide products/services, based upon bid price, to any other participant in which the City has entered into an Interlocal Agreement for purchasing.

20. AUDIT: The City reserves the right to audit the records and performance of successful bidder during the term of the contract and for three (3) years thereafter.

21. SUCCESSFUL BIDDER SHALL: Defend, indemnify and save harmless the City and all its officers,

agents and employees and all entities, their officers, agents and employees who are participating in this contract from all suits, actions or other claims of any character, name and description brought for or on account of any injuries, including death, or damages received or sustained by any person, persons, or property on account of any negligent act or fault of the successful bidder, or of any agent, officer, director, representative, employee, subcontractor or supplier in the execution of, or performance under, any contract which may result from bid award. Successful bidder shall pay any judgment with cost which may be obtained against the City and participating entities growing out of such injury or damages.

22. TERMINATION FOR DEFAULT: The City reserves the right to enforce the performance of this

contract in any manner prescribed by law or deemed to be in the best interest of the City in the event of breach or default of this contract. The City reserves the right to terminate the contract immediately in the event the successful Bidder fails to: (1) meet delivery schedules; or (2) otherwise performs in accordance with these specifications.

In the event the successful Bidder shall fail to perform, keep or observe any of the terms and

conditions to be performed, kept or observed, the City of Dickinson shall give the successful Bidder written notice of such default; and in the event said default is not remedied to the satisfaction and approval of the City within seven (7) working days of receipt of such notice by the successful Bidder, default will be declared and all the successful Bidder’s rights shall terminate. Bidder, in submitting this bid, agrees that the City of Dickinson shall not be liable to prosecution for damages in the event that the City declares the Bidder in default.

Breach of contract or default authorizes the City to, among other things, award to another bidder,

purchase elsewhere and charge the full increase in cost and handling to the defaulting successful Bidder.

_____________________________________________________________________________________________________________________


23. ACCEPTABILITY: All articles enumerated in the bid shall be subject to inspection by a City officer or employee designated for the purpose. If found inferior to the quality called for, or not equal in value to the specifications, deficient in workmanship or otherwise, this fact shall be certified to the City Administrator who shall have the right to reject the whole or any part of the same. Work determined to be contrary to specifications must be replaced by the bidder and at its sole expense. All disputes concerning quality of supplies utilized in the performance of this bid will be determined solely by the City Administrator or designated representative.

24. REMEDIES: The successful bidder and the City agree that each party has all rights, duties, and

remedies available as stated in the Uniform Commercial Code and any other available remedy, whether in law or equity.

25. VENUE: This contract will be governed and construed according to the laws of the State of Texas.

This contract is performable in Galveston County, Texas. 26. SILENCE OF SPECIFICATION: The apparent silence of these specifications as to any detail or to

the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement.

27. NO PROHIBITED INTEREST: The bidder acknowledges and represents they are aware of the laws

regarding conflicts of interest. In compliance with Local Government Code §176.006, as amended, all bidders shall submit a completed conflict of interest questionnaire as provided herein with their bid submittal.

28. DECEPTIVE TRADE PRACTICES/UNFAIR BUSINESS PRACTICES: By submission of a bid

response, the bidder represents and warrants that it has not been the subject of allegations of Deceptive Trade Practices violations under Tex. Bus. & Com. Code Chapter 17 or allegations of any unfair business practice in any administrative hearing or court suit that the bidder has not been found to be liable for such practices in such proceedings.

29. FELONY CRIMINAL CONVICTIONS: The bidder represents and warrants that neither the bidder nor

the bidder’s employees have been convicted, or have a pending felony criminal offense, or that, if such a conviction has occurred, the bidder has fully advised the City of Dickinson as to the facts and circumstances surrounding the conviction.

30. SEVERABILITY: If any section, subsection, paragraph, sentence, clause, phrase or word of these

requirements or specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted.

31. FORCE MAJEURE: If, by reason of Force Majeure, either party hereto shall be rendered unable

wholly or in part to carry out its obligations under this contract, then such party shall give notice and full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil

_____________________________________________________________________________________________________________________


disturbances, explosions, breakage or accidents to machinery, pipelines, or canals, or other causes not reasonable within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty.

_____________________________________________________________________________________________________________________


CITY OF DICKINSON CONTRACTOR INSURANCE REQUIREMENTS

Contractors providing good, materials and services for the City of Dickinson shall, during the term of the contract with the City or any renewal or extension thereof, provide and maintain the types and amounts of insurance set forth herein. All insurance and certificate(s) of insurance shall contain the following provisions:

1. Name the City, its officers, agents, representatives, and employees as additional insured as to all applicable coverage with the exception of workers compensation insurance.

2. Provide for at least thirty (30) days prior written notice to the City for cancellation, non-renewal, or material change of the insurance.

3. Provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance.

Insurance Company Qualification: All insurance companies providing the required insurance shall be authorized to transact business in Texas and rated at least “A” by AM Best or other equivalent rating service. Certificate of insurance: A certificate of insurance evidencing the required insurance shall be submitted with the contractor’s bid or response to proposal. If the contract is renewed or extended by the City, a certificate of insurance shall also be provided to the City prior to the date the contract is renewed or extended. Type of Contract Type and amount of Insurance Special Events General Liability insurance for personal injury (including

death) and property damage with a minimum of $1 Million Dollars per occurrence and $2 Million Dollars aggregate, including coverage for advertising injury and products coverage

Statutory Workers compensation insurance as required by state law

(If the contractor serves alcoholic beverages) Liquor Liability with a minimum of $1 Million Dollars per Occurrence and $2 Million Aggregate.

(If high risk or dangerous activities) Umbrella Coverage or Liability Excess Coverage of $ 2 Million Dollars (If automobile or limousine service is involved even if volunteers) Automobile Liability with a minimum of $1 Million Dollars combined single limit.

Public Works and Construction General Liability insurance for personal injury (including

death) and property damage with a minimum of $1 Million Dollars per occurrence and $2 Million Dollars aggregate, including advertising injury, products coverage and (XCU) Explosion, collapse and underground (If high risk or dangerous activities) Umbrella Coverage or Excess Liability Coverage of $2 Million Dollars Statutory Workers compensation insurance as required by state law

_____________________________________________________________________________________________________________________


Professional Services Professional Liability Insurance with a minimum of $1 Million

Dollars per occurrence and $2 Million Dollars aggregate.

(If size or scope of project warrant) Umbrella Coverage or Excess Liability Coverage of $2 Million Dollars

_____________________________________________________________________________________________________________________


SUPPLEMENTAL INFORMATION Texas Government Code Section 2252.002 Non-resident bidders. A governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident’s principal place of business is located. In order to make this determination, please answer the following questions: 1. Address and phone number of your principal place of business: 2. Name and address of principal place of business, and phone number of your company’s majority

owner: 3. Name and address of principal place of business, and phone number of your company’s ultimate

parent company:

MINORITY/WOMAN-OWNED BUSINESS PARTICIPATION

It is the policy of the City of Dickinson to involve small businesses and qualified minority/women-owned businesses to the greatest extent possible in the procurement of goods, equipment, services and construction projects. To assist us in our record keeping, please list below the names of the minority or woman-owned firms you would be utilizing in this bid, and note the monetary involvement:

NAME OF FIRM TELEPHONE # $ INVOLVEMENT

_____________________________________________________________________________________________________________________


CITY OF DICKINSON, TEXAS BID FORM




Qty. Unit Cost Extended

Cost

1 Legal Notices to run one weekday only Column Inch 1 $_______

_ $________

_


3 Publication Dates

4 Normal Submission Deadline (Day and Time) for One Weekday Only


Grand Total:

$_________

1. In submitting this Bid, Bidder represents the following:

a. Bidder has examined copies of these bidding and contract documents and of the following Addenda (receipt of which is hereby acknowledged):

Addenda: _____________________________________________________________________

Date: ______________ Signature: ______________________________________

b. Bidder has familiarized itself with the nature and extent of these documents, and all local conditions and Laws and Regulations that in any manner may affect cost of fulfilling the terms of contract.

c. Bidder has given the City written notice of all conflict, errors, or discrepancies that it has discovered in these documents and the written resolution thereof by the City is acceptable to Bidder.

d. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or titles of any group, association, organization or corporation. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. Bidder has not solicited or induced any person, firm, or corporation to refrain from bidding. Bidder has not sought by collusion to obtain for itself any advantage over any other bidder or over the City.

_____________________________________________________________________________________________________________________


e. Bidder hereby certifies that the bid prices contained in this bid have been carefully reviewed and are submitted as correct and final.

f. This Bid will remain open and subject to acceptance for sixty (60) days after the day of Bid opening.

2. Bidder further certifies and agrees to furnish any and/or all product/service upon which prices are extended at the price offered, and accepts all of the terms and conditions of the Invitation to Bid, Specifications, Instructions to Bidders, General Conditions for Bidding and any Special Conditions contained herein.

3. Bidder hereby certifies that, if this bid is accepted, the bid constitutes a contract between the undersigned Bidder and the City of Dickinson to furnish the services, materials and/or equipment as specified or indicated in these Bid documents for the price indicated in this Bid and in accordance with the other terms and conditions of such contract documents.

BIDDER: Company: ______________________________________________________ Date:

Signature:

Printed Name: ______________________________________________ Title:

Address:

City, State & Zip:

Telephone Number: Fax: ________________________________

E-mail address:

Federal EID #/SSN #:

Cash Discount Terms:

_____________________________________________________________________________________________________________________


REFERENCES Each Bidder is to provide a minimum of three (3) verifiable commercial business references for which the Bidder has performed work. 1. Company Name:

Address:

Contact Person:

Telephone:

Brief description of project.

2. Company Name:

Address:

Contact Person:

Telephone:


3. Company Name:

Address:

Contact Person:

Telephone:


_____________________________________________________________________________________________________________________


SUPPLEMENTAL INFORMATION Please provide the following information for contract development. Is your firm?

1. Sole Proprietorship YES NO 2. Partnership YES NO 3. Corporation YES NO

If company is a sole proprietorship, list the owner’s full legal name:

If company is a partnership, list the partner’s full legal name(s):

If company is a corporation, list the full legal name as listed on the corporate charter:

Is this firm a minority, or woman-owned business enterprise? NO YES If yes, specify ( ) MBE ( ) WBE Has this firm been certified as a minority/woman-owned business enterprise by any governmental agency? NO YES If yes, specify governmental agency: Date of certification:

_____________________________________________________________________________________________________________________


CONFLICT OF INTEREST QUESTIONNAIRE

CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ

OFFICE USE ONLY

This questionnaire is being filed in accordance with Chapter 176 of the Local Government Code by a person who has a business relationship as defined by Section 176.001(1-a) with the City of Dickinson and the person meets the requirements under Section 176.006(a). By law this questionnaire must be filed with the City Secretary of the City of Dickinson not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor.

Date Received:

1. Name of person who has a business relationship with the City of Dickinson. 2. Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the City Secretary not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3. Name of local government officer with whom filer has employment or other business relationship.

Name of Officer

This section must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.

A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of questionnaire?

Yes _______ No ________

B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the

direction of the local government officer named in this section AND the taxable income is not from the City of Dickinson?

Yes _______ No ________

C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more?

Yes _______ No ________

D. Describe each employment or business relationship with the local government officer named in this section.

4. ___________________________________________________ _____________ Signature of person doing business with the government entity Date

_____________________________________________________________________________________________________________________


BIDDER REMINDER LIST:

REQUIRED DOCUMENTATION INCLUDED? ORIGINAL AND ONE (1) COPY INCLUDED? ALL BLANKS COMPLETED ON BID FORM AND OTHER REQUIRED DOCUMENTS? COMPLETE CONFLICT OF INTEREST QUESTIONNAIRE? COMPLETED COMPANY PROFILE/REFERENCES?

COMPLETED SIGNATURE?




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TOPIC Award of Competitive Sealed Bid Number 1408-07 for the

Westside Drainage Improvements to Conrad Construction Co., Ltd., In An Amount Not to Exceed $2,110,746.00.

BACKGROUND On September 17, 2014, the City of Dickinson opened competitive sealed bids for the Westside Drainage Improvements (CDBG Disaster Recovery Program Round 2.2). The City received one bid for the project. IDS Engineering Group has tabulated and reviewed the bid and has recommended that the City award the bid to Conrad Construction Co., Ltd., the only qualified bidder, at a bid of $2,110,746.00 which is less than the original estimate for the project. The Westside Drainage Improvements include Avenue G from 26th Street to 20th Street, Central Street from Hwy 3 to Dead End, Pine Grove from Oak Drive to Yupon Drive, Pine Manor from FM 517 to Dead End and Manor Lane from FM 517 to Dead End. This is project is funded by the CDBG Disaster Recovery Program Round 2.2.

RECOMMENDATION Staff recommends that Council award Competitive Sealed Bid Number 1408-07 for the Westside Drainage Improvements to Conrad Construction Co., Ltd., in an amount not to exceed $2,110,746.00.

ATTACHMENTS Recommendation Letter from IDS Engineering Group

Bid Tabulation Sheet

FUNDING ISSUES Not applicable Not budgeted Full Amount already budgeted. (Funded by CDBG Disaster

Recovery Program Round 2.2) Funds to be transferred from Acct.# - -


Kellis George, Director of Public Works




YES NO READINGS PASSED 1st 2nd 3rd

OTHER

PAGE 1 OF 1


TOPIC RESOLUTION NUMBER XXX-2014

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT BY AND BETWEEN THE CITY OF DICKINSON, TEXAS AND CONRAD CONSTRUCTION CO., LTD., INC. AS CONTRACTOR FOR THE WESTSIDE DRAINAGE IMPROVEMENTS; 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 In the previous agenda item, the City Council awarded the bid for

the Westside Drainage Improvements Project to Conrad Construction Co., Ltd. This agenda item approves a contract with Conrad Construction Co., Ltd. for this work.

RECOMMENDATION Staff recommends approval of the Resolution. ATTACHMENTS Resolution Number XXX-2014 FUNDING ISSUES Not applicable

Not budgeted Full Amount already budgeted – Funding through Disaster

Relief CDBG Program – Round 2.2 Funds to be transferred from Acct.# - -

SUBMITTING STAFF MEMBER Kellis George, Public Works Director


______________________________________________________________________ CITY OF DICKINSON, TEXAS – RESOLUTION NUMBER XXX-2014 Page 1

RESOLUTION NUMBER XXX-2014

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT BY AND BETWEEN THE CITY OF DICKINSON, TEXAS AND CONRAD CONSTRUCTION CO., LTD. AS CONTRACTOR FOR THE WESTSIDE DRAINAGE IMPROVEMENTS; 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 by and between the City of Dickinson, Texas and Conrad Construction Co., Ltd. as Contractor for Westside Drainage Improvements (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. Section 4. This Resolution shall become effective immediately upon its passage.


DULY PASSED AND APPROVED on this the 14th day of October, 2014. _____________________________________ Julie Masters, Mayor City of Dickinson, Texas ATTEST: ____________________________________ Carolyn E. Anderson, City Secretary City of Dickinson, Texas APPROVED AS TO FORM AND CONTENT: ____________________________________ Donna Johnson, City Attorney City of Dickinson, Texas

EXHIBIT “A”

TO

RESOLUTION XXX-2014

EXHIBIT “A”

TO

CONTRACT BETWEEN CITY OF DICKINSON, TEXAS AND

CONRAD CONSTUCTION CO., LTD.

FOR

WESTSIDE DRAINAGE IMPROVEMENTS

DUE TO THE SIZE OF THIS EXHIBIT, IT HAS NOT BEEN INCLUDED WITH THE AGENDA ITEM. THE EXHIBIT WILL BE

INCLUDED WITH THE SIGNED RESOLUTION AND EXECUTED ORIGINAL OF THE CONTRACT.




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TOPIC: Ratification of Mayor’s Letter of Support for Proposal Entitled “Toward Wetland Protection in the Houston-Galveston Region: Assessing Mitigation Practices and Facilitating Watershed-Based Decision Making” By Houston Advanced Research Center (“HARC”)

BACKGROUND: Houston Advanced Research Center (“HARC”) is a research hub providing independent analysis on energy, air, and water issues to people seeking scientific answers. HARC supports the implementation of policies and technologies that promote sustainability and are based on scientific principles. The scientists at HARC have created an online tool to be used by municipalities to help channel wetland mitigation into their communities. The tool can be found at http://maps.harcresearch.org/WetlandTool/ The Wetland Tool, which shows layering of the 100 year flood plain, Corps of Engineer permits, wetlands and much more, is great for cities such as Dickinson that don’t have a Certified Planner or geographic information system (“GIS”) in house. The Mayor met with HARC COO Lisa Gonzalez and Research Scientist Erin Kinney, and reviewed the Wetland Tool online and believed it to be useful to city Community Development staff during plan review. Ms. Gonzalez and Ms. Kinney requested a letter in support of their proposal to the General Land Office to further develop the online support tool for use by local planners and citizens. Feedback on the Tool from users is encouraged.

RECOMMENDATION: Staff recommends ratification as requested.

ATTACHMENTS: Copy of Letter of Support Dated September 18, 2014





http://maps.harcresearch.org/WetlandTool/




1st 2nd 3rd OTHER

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TOPIC: RESOLUTION NUMBER XXX-2014

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS PROVIDING FOR THE ADOPTION OF A WRITTEN POLICY AUTHORIZING THE CITY TO ACCEPT APPLICATIONS FOR PRIMARY BANK DEPOSITORY SERVICES FROM ELIGIBLE FINANCIAL INSTITUTIONS NOT DOING BUSINESS WITHIN THE CITY; PROVIDING FOR INCORPORATION OF PREAMBLE; AND PROVIDING A REPEALER CLAUSE, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.

BACKGROUND: As part of the Bank Depository Services solicitation process, Staff has been working with Valley View Consulting, LLC to develop a Request for Applications (RFA) for Bank Depository Services. Under Section 105.011 of the Texas Local Government Code, the City is limited to accepting applications from eligible financial institutions conducting business inside the corporate limits of the City, unless the City has adopted a written policy to allow for the consideration of applications from eligible financial institutions beyond its corporate limits. This resolution adopts a written policy that will allow the City to consider all financial institutional applications for depository services, even if the institution does not operate a branch within the City limits.

RECOMMENDATION: Staff recommends approval of the Resolution.

ATTACHMENTS: Resolution Number XXX-2014



Jessica A. Rogers, Administrative Services Manager


______________________________________________________________________ CITY OF DICKINSON, TEXAS – RESOLUTION NUMBER XXX-2014 Page 1 of 2


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS PROVIDING FOR THE ADOPTION OF A WRITTEN POLICY AUTHORIZING THE CITY TO ACCEPT APPLICATIONS FOR PRIMARY BANK DEPOSITORY SERVICES FROM ELIGIBLE FINANCIAL INSTITUTIONS NOT DOING BUSINESS WITHIN THE CITY; PROVIDING FOR INCORPORATION OF PREAMBLE; AND PROVIDING A REPEALER CLAUSE, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.

WHEREAS, Chapter 105, Depositories for Municipal Funds, of the Texas Local

Government Code authorizes municipalities to award a depository contract to one or more banks, credit unions, or savings associations through an application process; and

WHEREAS, Section 105.011 of the Texas Local Government Code requires the

City Council of the City of Dickinson to approve and adopt a written policy permitting and providing for the consideration of applications for primary bank depository services from financial institutions not doing business within the City; and

WHEREAS, the City Council of the City of Dickinson has determined that it is in

the best interest of the City to consider applications received from eligible financial institutions not doing business in the City. 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 hereby adopts the following Bank Depository Services Solicitation Policy: Bank Depository Services Solicitation Policy

Pursuant to Section 105.011 of the Texas Local Government Code, the City of Dickinson, Texas shall receive applications for performance of primary bank depository services from one or more banks, credit unions, or savings associations. The City Council of the City of Dickinson, Texas determines that it is in the best interest of the City to permit the consideration of applications received from a bank, credit union, or savings association that is not doing business within the City. No applications to provide primary bank depository services shall be accepted from a bank, credit union, or savings association which does not maintain a place of business within the State of Texas

______________________________________________________________________ CITY OF DICKINSON, TEXAS – RESOLUTION NUMBER XXX-2014 Page 2 of 2

Section 3. In the event any clause, phrase, provision, sentence, or part of this Resolution 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 Resolution 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 4. This Resolution shall become effective immediately upon its passage. DULY PASSED AND APPROVED this the 14th day of October, 2014. _______________________________ Julie Masters, Mayor City of Dickinson, Texas ATTEST: ___________________________________ Carolyn E. Anderson, City Secretary City of Dickinson, Texas APPROVED AS TO FORM AND CONTENT: ___________________________________ Donna L. Johnson, City Attorney City of Dickinson, Texas




1st 2nd 3rd OTHER

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TOPIC: Resolution Number XXX-2014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING THE TERMS AND CONDITIONS OF BOUNDARY ADJUSTMENT AGREEMENT BETWEEN THE CITY OF THE CITY OF DICKINSON, TEXAS, AND THE CITY OF LEAGUE CITY, TEXAS, FOR MODIFICATION OF THEIR RESPECTIVE EXTRATERRITORIAL JURISDICTION BOUNDARIES; PROVIDING FOR THE INCORPORATION OF PREAMBLE; AUTHORIZING EXECUTION OF THE BOUNDARY ADJUSTMENT AGREEMENT BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE.

BACKGROUND: For the last eight years, the Cities of Dickinson and League City have discussed adjusting their boundaries. It is my understanding that the League City City Council will be taking action on the proposed Boundary Adjustment Agreement at its October 14, 2014. Therefore, the identical Boundary Adjustment Agreement is proposed for the City Council’s approval contingent upon the actions to be taken by the City of League City.

RECOMMENDATION: Staff recommends approval of the Resolution contingent upon the actions to be taken by the City of League City.

ATTACHMENTS: Resolution Number XXX-2014







A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING THE TERMS AND CONDITIONS OF BOUNDARY ADJUSTMENT AGREEMENT BETWEEN THE CITY OF THE CITY OF DICKINSON, TEXAS, AND THE CITY OF LEAGUE CITY, TEXAS, FOR MODIFICATION OF THEIR RESPECTIVE EXTRATERRITORIAL JURISDICTION BOUNDARIES; PROVIDING FOR THE INCORPORATION OF PREAMBLE; AUTHORIZING EXECUTION OF THE BOUNDARY ADJUSTMENT AGREEMENT 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 such as the determination of extraterritorial boundaries and corporate limit boundaries; and

WHEREAS, the City Council of the City of Dickinson, Texas, has before it a proposed Boundary Adjustment Agreement, (“the Agreement”), between the City of Dickinson, Texas, and the City of League City, Texas, for modification of their respective extraterritorial jurisdiction boundaries, 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 related matters, the City Council finds that the City of Dickinson’s best interests are served, 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, AS FOLLOWS:

Section 1. The facts and opinions in the preamble of this Resolution are true and correct. Section 2. The City Council of the City of Dickinson, Texas, after review of the terms and conditions thereof, hereby approves the attached Boundary Adjustment Agreement between the City of Dickinson, Texas, and the City of League City, Texas. Section 3. The City Council also authorizes the Mayor to execute the Agreement on behalf of the City of Dickinson and all other documents in connection therewith.


Section 4. This Resolution shall become effective immediately upon its passage. DULY PASSED AND APPROVED this the _____ day of ______________, 2014. _______________________________ Julie Masters, Mayor City of Dickinson, Texas ATTEST: ___________________________________ Carolyn E. Anderson, City Secretary City of Dickinson, Texas APPROVED AS TO FORM AND CONTENT: ___________________________________ Donna L. Johnson, City Attorney City of Dickinson, Texas

EXHIBIT “A”

TO

RESOLUTION XXX-2014

_________________________________________________________________________________________ BOUNDARY ADJUSTMENT AGREEMENT BETWEEN THE MUNICIPALITIES Page 1 OF LEAGUE CITY AND DICKINSON

STATE OF TEXAS ) ) BOUNDARY ADJUSTMENT AGREEMENT ) BETWEEN THE MUNICIPALITIES OF

COUNTY OF GALVESTON ) LEAGUE CITY AND DICKINSON

WHEREAS, the City of League City, Texas (“League City”), is a home-rule municipality

created pursuant to Article 11, Section 5 of the Texas Constitution, and located in Galveston County,

Texas; and

WHEREAS, the City of Dickinson, Texas (“Dickinson”), is a home-rule municipality

created pursuant to Article 11, Section 5 of the Texas Constitution, and located in Galveston County,

Texas; and

WHEREAS, both League City and Dickinson are empowered to enter into agreements

concerning their respective extraterritorial jurisdiction (“ETJ”) boundaries and corporate limit

boundaries by, but necessarily limited to, the authority granted them pursuant to Chapter 791 of the

Texas Government Code, known as the Interlocal Cooperation Act, to enter into agreements with one

another to perform governmental functions and services such as the determination of ETJ boundaries

and corporate limit boundaries; and

WHEREAS, League City and Dickinson are empowered pursuant to Section 42.023 of the

Texas Local Government Code to reduce their respective ETJ boundaries by ordinance or resolution;

and

WHEREAS, League City and Dickinson are empowered pursuant to Section 43.031 of the

Texas Local Government Code to make mutually agreeable changes in the boundaries of areas that

are less than 1,000 feet in width; and


WHEREAS, League City, by virtue of Section 43.021 of the Texas Local Government Code

and its home-rule charter, is empowered to fix its ETJ boundary and corporate limit boundary,

extend its ETJ boundary and corporate limit boundary, and exchange areas with other municipalities;

and

WHEREAS, League City and Dickinson have determined that approximately 1,324 acres,

described by metes and bounds and graphically portrayed in Exhibits “A” through “E” attached

hereto (hereinafter referred to as the “Subject Property”), should be the subject of this agreement; and

WHEREAS, the Subject Property is located within League City’s ETJ and is adjacent to

Dickinson’s corporate limit boundary; and

WHEREAS, League City and Dickinson agree that it is in the best interest of the residents of

the Subject Property, as well as the respective communities of League City and Dickinson to transfer

the Subject Property from League City’s ETJ into Dickinson’s ETJ; and

WHEREAS, League City agrees to adjust its ETJ boundaries, pursuant to Section 43.031 of

the Texas Local Government Code, such that the Subject Property will be in Dickinson’s ETJ; and

WHEREAS, Dickinson agrees to adjust its boundaries, pursuant to Section 43.031 of the

Texas Local Government Code, such that the Subject Property will be in Dickinson’s ETJ

boundaries; and

WHEREAS, League City’s home-rule charter allows it to enter into such agreements; and

WHEREAS, League City and Dickinson wish to avail themselves of the rights and privileges

afforded by the Interlocal Cooperation Act and other applicable state laws, including but not limited

to Section 43.031 of the Texas Local Government Code, and both have determined that this

Boundary Adjustment Agreement Between the Municipalities of League City and Dickinson


(“Agreement”) is in each party’s best interests, as well as in the best interests of their respective

citizens.

W I T N E S S E T H:

NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein

made and the benefits to each party resulting here from, and the recitals set forth above which are

made contractual provisions of this Agreement, League City and Dickinson do hereby contract,

covenant and agree as follows with respect to the Subject Property made the subject to this

Agreement:

1. Dickinson hereby agrees to change its current ETJ boundaries to include the Subject

Property within its City ETJ boundaries upon the Effective Date of this Agreement.

2. League City agrees to change its current ETJ and/or City limit boundaries to exclude

the Subject Property from its ETJ and/or City limits and to include the Subject Property within

Dickinson’s ETJ boundaries upon the Effective Date of this Agreement.

3. Upon the Effective Date of this Agreement, League City hereby releases, relinquishes

and discontinues any claim or entitlement to the Subject Property and fully consents to the addition

of the Subject Property into the ETJ boundaries of Dickinson.

4. Both League City and Dickinson agree that, upon the Effective Date of this

Agreement, the Subject Property will, by virtue of a mutually agreeable change in their respective

boundaries result in the Subject Property being released from League City’s ETJ and/or City limits

and immediately included within Dickinson’s ETJ.

5. Dickinson agrees that enforcement of current environmental health ordinances and

regulations including, but not limited to, weed and brush ordinances, junked and abandoned vehicles


ordinances and animal control ordinances, shall begin within the Subject Property on the Effective

Date of this Agreement. Dickinson shall provide the same level of environmental health and code

enforcement services as are furnished in other similarly situated areas throughout Dickinson.

6. The Effective Date of this Agreement shall be the date that the last party to the

Agreement has executed this Agreement.

7. The persons signing this Agreement on behalf of the municipalities have been duly

authorized and empowered to do so by a vote of their respective governing bodies and the passage of

an appropriate adopting resolution.

EXECUTED this the _____ day of _________________, 201__.

ATTEST: CITY OF LEAGUE CITY, TEXAS

___________________________________ ___________________________________ Diana M. Stapp, City Secretary Timothy Paulissen, Mayor APPROVED AS TO FORM: ___________________________________ ________________, City Attorney


EXECUTED this the _____ day of ______________, 201__.

ATTEST: CITY OF DICKINSON, TEXAS ___________________________________ ______________________________________ Carolyn E. Anderson, City Secretary Julie Masters, Mayor APPROVED AS TO FORM: ____________________________________ Donna L. Johnson, City Attorney


STATE OF TEXAS ) )

COUNTY OF GALVESTON )

This instrument was acknowledged before me on the ___ day of __________________, 201__, by Timothy Paulissen, Mayor, City of League City, Texas, a Texas municipal corporation, on behalf of said municipal corporation.

_____________________________________Notary Public, State of Texas

STATE OF TEXAS )

) COUNTY OF GALVESTON )

This instrument was acknowledged before me on the ___ day of ________________, 201_, by Julie Masters, Mayor, City of Dickinson, Texas, a Texas municipal corporation, on behalf of said municipal corporation.

_____________________________________Notary Public, State of Texas


EXHIBIT “A”

RELEASE OF EXTRATERRITORIAL JURISDICTION

OF CITY OF LEAGUE CITY

All that certain property being out of and a part of the DICKINSON ADDITION ‘D’, a Subdivision in Galveston County, Texas, according to the map or plat thereof recorded in Volume 155, Page 10 of the Galveston County Deed Records, located and situated in Galveston County, Texas: COMMENCING at the intersection of the Northwest line of Pin Oak Drive with the Southwest line of Gill Road; THENCE Southeasterly, along the Northwest line of said Pin Oak Drive, 1290 feet, more or less, to the POINT OF BEGINNING of the herein described tract of land, said point being at the intersection of the common line between Lots 53 and 54 of said DICKINSON ADDITION ‘D’ with the Northwest line of said Pin Oak Drive; THENCE Southeasterly, along a projection of the common line between said Lots 53 and 54, 70 feet, more or less, to a point for corner, said point being at the Southeast line of said Pin Oak Drive; THENCE Southwesterly, along the Southeast line of said Pin Oak Drive, 2160 feet, more or less, to a point for corner, said point being the most Westerly corner of the AMENDED PLAT OF SHERWOOD FOREST WEST, a Subdivision in Galveston County, Texas, according to the map or plat thereof recorded at Volume 15, Page 163 in the Office of the County Clerk of Galveston County, Texas; THENCE Westerly, 85 feet, more or less, to a point for corner, said point being at the Northwest line of said Pin Oak Drive; THENCE Northeasterly, along the Northwest line of said Pin Oak Drive, 2200 feet, more or less, to the POINT OF BEGINNING. NOTE: THIS DOCUMENT HAS BEEN PREPARED UNDER 22 TAC § 663.23; DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND; IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT HAS BEEN PREPARED.

PREPARED

SEPTEMBER 17, 2007

BY

DALE L. HARDY / GEOSURV, LLC REGISTERED PROFESSIONAL LAND SURVEYORS

P.O. BOX 246, LEAGUE CITY, TEXAS 77574

PH 281-554-7739 FAX 281-554-6928 E-MAIL: [email protected]

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EXHIBIT “A”


EXHIBIT “B”

FIRST DEANNEXATION OF

CITY OF LEAGUE CITY All that certain property being out of and a part of the MOORE’S ADDITION TO THE TOWN OF DICKINSON, a Subdivision in Galveston County, Texas, according to the map or plat thereof recorded in Volume 155, Page 10 of the Galveston County Deed Records, located and situated in Galveston County, Texas: BEGINNING at the intersection of the Southeast line of 18th Street with the Northeast line of Texas State Highway 3, said point being the most Westerly corner of Block 103 of said MOORE’S ADDITION TO THE TOWN OF DICKINSON; THENCE Northwesterly, along the Northeast line of said Highway 3, 410 feet, more or less, to a point for corner, said point being at the centerline of 17th Street, based of a 70 foot wide right-of-way; THENCE Northeasterly, along the centerline of said 17th Street, 1270 feet, more or less, to a point for corner, said point being at the Northeast line of Hill Avenue; THENCE Southeasterly, along the Northeast line of said Hill Avenue, 1070 feet, more or less, to a point for corner, said point being the most intersection of the Northeast line of said Hill Avenue with the Northeasterly projection of the Northwest line of 20th Street; THENCE Southwesterly, 70 feet, more or less, to a point for corner, said point being at the intersection of the Northwest line of said 20th Street with the Southwest line of said Hill Avenue, as well as being the most Easterly corner of Block 12 of said MOORE’S ADDITION TO THE TOWN OF DICKINSON; THENCE Northwesterly, along the Southwest line of Hill Avenue, 670 feet, more or less, to a point for corner, said point being at the intersection of the Southwest line of said Hill Avenue with the Southeast line of said 18th Street, as well as being the most Northerly corner of Block 13 of MOORE’S ADDITION TO THE TOWN OF DICKINSON; THENCE Southwesterly, along the Southeast line of said 18th Street, 1200 feet, more or less, to the POINT OF BEGINNING. NOTE: THIS DOCUMENT HAS BEEN PREPARED UNDER 22 TAC § 663.23; DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND; IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT HAS BEEN PREPARED.

PREPARED

SEPTEMBER 18, 2007

BY




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EXHIBIT “B”


EXHIBIT “C”

FIRST DEANNEXATION OF

CITY OF LEAGUE CITY All that certain property being out of and a part of the NICHOLSTONE ADDITION TO THE TOWN OF DICKINSON, a Subdivision in Galveston County, Texas, according to the map or plat thereof recorded in Volume 93, Page 3 of the Galveston County Deed Records, located and situated in Galveston County, Texas: COMMENCING at the Northwest corner of Block 65 of said NICHOLSTONE ADDITION TO THE TOWN OF DICKINSON, said point being at the intersection of the South line of F.M. 646 with the East line of Dickinson Avenue (aka F.M. 1266); THENCE Southerly, along the East line of said Dickinson Avenue, 175 feet, more or less to the POINT OF BEGINNING of the herein described tract of land; THENCE Southerly, continuing along the East line of said Dickinson Avenue, 610 feet, more or less, to a point for corner, said point being the Southwest corner of Lot 1, Block 81 of said NICHOLSTONE ADDITION TO THE TOWN OF DICKINSON; THENCE Southwesterly, 65 feet, more or less, to a point for corner, said point being at the intersection of the South line of a 300 foot wide Houston Lighting and Power Company right-of-way with the West line of said Dickinson Avenue; THENCE Northwesterly, along the West line of said Dickinson Avenue, 550 feet, more or less, to a point for corner, said point being at the intersection of the West line of said Dickinson Avenue with the Southeast line of Lot 58 of DICKINSON ADDITION ‘B’, a Subdivision in Galveston County, Texas, according to the map or plat thereof recorded in Volume 155, Page 10 of the Galveston County Deed Records; THENCE Northeasterly, along a projection of the Southeast line of said Lot 58, 85 feet, more or less, to the POINT OF BEGINNING.

NOTE: THIS DOCUMENT HAS BEEN PREPARED UNDER 22 TAC § 663.23; DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND; IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT HAS BEEN PREPARED.

PREPARED

SEPTEMBER 18, 2007

BY




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EXHIBIT “C”


EXHIBIT “D”


EXCHANGE OF

CITY OF LEAGUE CITY GALVESTON COUNTY, TEXAS

All that certain property being out of and a part of DICKINSON ADDITION ‘D’, a Subdivision in Galveston County, Texas, according to the map or plat thereof recorded in Volume 155, Page 10; of MOORE’S ADDITION TO THE TOWN OF DICKINSON, a Subdivision in Galveston County, Texas, according to the map or plat thereof recorded in Volume 155, Page 10; of DICKINSON TOWNSITE, a Subdivision in Galveston County, Texas, according to the map or plat thereof recorded in Volume 155, Page 10; of DICKINSON ADDITION ‘B’, a Subdivision in Galveston County, Texas, according to the map or plat thereof recorded in Volume 155, Page 10; of NICHOLSTONE, a Subdivision in Galveston County, Texas, according to the map or plat thereof recorded in Volume 93, Page 3; of HALL’S ADDITION TO NICHOLSTONE, a Subdivision in Galveston County, Texas, according to the map or plat thereof recorded in Volume 215, Page 414; of EAST DICKINSON SUBDIVISION, a Subdivision in Galveston County, Texas, according to the map or plat thereof recorded in Volume 140, Page 6; of LEAGUE CITY SEMI-TROPICAL GARDENS, a Subdivision in Galveston County, Texas, according to the map or plat thereof recorded in Volume 238, Page 8; of the P.G. MERRITT SURVEY, Abstract Number 155; and of ST. EDMUNDS GREEN, SECTION TWO, a Subdivision in Galveston County, Texas, according to the map or plat thereof recorded in Volume 18, Page 1266, all being in the Office of the County Clerk of Galveston County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a South corner of the existing League City Extraterritorial Jurisdiction (LC ETJ) line, said point being at an intersection of the South line of said LC ETJ with the South line of the existing League City limits, as well as being a Northerly corner in the existing city limits of the City of Dickinson; the most Westerly corner of Lot 42 of said DICKINSON ADDITION ‘D’; and being at the Southeast line of Bess Road, 1300 feet, more or less, Southwesterly of the most Southerly corner of the intersection of said Bess Road with Gill Road; THENCE Northwesterly, along the South line of said existing League City limits, 730 feet, more or less, to a point for corner, said point being at the common corner of Lots 26, 27, 38 and 39 of said DICKINSON ADDITION ‘D’; THENCE Northeasterly, along the South line of said existing League City limits, 3960 feet, more or less, to a point for angle to the right, said point being at the Southwest line of Timber Drive and being the most Easterly corner of Lot 32 of said DICKINSON ADDITION ‘D’; THENCE Northeasterly, along the South line of said existing League City limits, 70 feet, more or less, to a point for corner, said point being at the Northeast line of said Timber Drive and being the most Southerly corner of Reserve ‘A’ of the BREWER SPECIAL SUBDIVISION, a Subdivision in Galveston County, Texas, according to the map or plat thereof recorded in Plat Record 2005A, Map Number 18, in the Office of the County Clerk of Galveston County, Texas;

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THENCE Southeasterly, along the South line of said existing League City limits and the Northeast line of said Timber Drive, 70 feet, more or less, to a point for corner, said point being the most Westerly corner of Block 253 of the aforementioned MOORE’S ADDITION TO THE TOWN OF DICKINSON, as well as being the most Easterly corner of the intersection of said Timber Drive with 18th Street; THENCE Northeasterly, along the South line of said existing League City limits and the Southeast line of said 18th Street, 2900 feet, more or less, to a point for corner, said point being the most Northerly corner of Block 13 of said MOORE’S ADDITION, as well as being the most Southerly corner of said 18th Street with Hill Avenue; THENCE Southeasterly, along the South line of said existing League City limits and the Southwest line of said Hill Avenue, 670 feet, more or less, to a point for corner, said point being the most Easterly corner of Block 12 of said MOORE’S ADDITION, as well as being the most Northerly corner of the intersection of said Hill Avenue with 20th Street; THENCE Northeasterly, along the South line of said existing League City limits and the Northwest line of said 20th Street, 3140 feet, more or less, to a point for corner, said point being the most Easterly corner of Block 252 of the aforementioned DICKINSON TOWNSITE, as well as being the most Northerly corner of the intersection of said 20th Street with Wyoming Avenue; THENCE Northwesterly, along the South line of said existing League City limits and the Southwest line of said Wyoming Avenue, 90 feet, more or less, to a point for corner, said point being at the intersection of a Southwesterly projection of the Southeast line of Lots 53, 54, 55, 56, 57, and 58 of the aforementioned DICKINSON ADDITION ‘B’, with the Southwest line of said Wyoming Avenue; THENCE Northeasterly, along the South line of said existing League City limits, said projection, and the Southeast line of said Lots 53-58, 3830 feet, more or less, to a point for corner, said point being at the intersection of a Northeasterly projection of the Southeast line of said Lots 53-58 with the East line of Dickinson Avenue (aka FM 1266); THENCE Southerly, along the South line of said existing League City limits and the East line of said Dickinson Avenue, 90 feet, more or less, to a point for corner, said point being the Southwest corner of Block 65 of the aforementioned NICHOLSTONE, as well as being the Northeast corner of the intersection of said Dickinson Avenue with 10th Street; THENCE Easterly, along the South line of said existing League City limits and the North line of said 10th Street, 2980 feet, more or less, to a point for corner, said point being at the intersection of an Easterly projection of the North line of said 10th Street with the East line of California Avenue, said point also being at the West line of Lot 13 of the aforementioned HALL’S ADDITION TO NICHOLSTONE; THENCE Northerly, along the South line of said existing League City limits and the East line of said California Avenue, 50 feet, more or less, to a point for corner, said point being at the intersection of the East line of California Avenue with the South Line of Lot 11 of said HALL’S ADDITION; THENCE Easterly, along the South line of said existing League City limits and the South line of Lots 11 and 12 of said HALL’S ADDITION, 1080 feet, more or less, to a point for corner, said point being at the intersection of an Easterly projection of the South line of said Lot 11 and 12 with the West line of Lot 4 of the aforementioned EAST DICKINSON SUBDIVISION;

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THENCE Southerly, along the South line of said existing League City limits and the West line of Lot 4 of said EAST DICKINSON SUBDIVISION, 510 feet, more or less, to a point for corner, said point being the Southwest corner of said Lot 4; THENCE Easterly, along the South line of said existing League City limits; the South Line of Lots 4, 5, and 13 of said EAST DICKINSON SUBDIVISION; and the South line of Lots 31, 45, 61, and 78 of the aforementioned LEAGUE CITY SEMI-TROPICAL GARDENS, 4050 feet, more or less, to a point for corner, said point being a common corner of an existing North line of said LC ETJ and an existing North line of the Texas City Extraterritorial Jurisdiction (TC ETJ), as well as being at the East bank of Gum Bayou; THENCE Southwesterly, along a common line between the existing LC ETJ and the existing TC ETJ and the East bank of said Gum Bayou, to a point for corner, said point being at the intersection of the East bank of said Gum Bayou with the Easterly projection of the South line of Lots 37 of BRANDING IRON COMMUNITY, a Subdivision in Galveston County, Texas, according to the map or plat thereof recorded in Volume 18, Page 12 in the Office of the County Clerk of Galveston County, Texas; THENCE Westerly, along said common line between the existing LC ETJ and the existing TC ETJ and the projection of the South line of said Lot 37, 150 feet more or less, to a point for corner, said point being the Southeast corner of said Lot 37; THENCE Northerly, along said common line between the existing LC ETJ and the existing TC ETJ and the East line of said BRANDING IRON COMMUNITY, to a point for corner, said point being the Northeast corner of said BRANDING IRON COMMUNITY; THENCE Westerly, along said common line between the existing LC ETJ and the existing TC ETJ and the North line of said BRANDING IRON COMMUNITY, 710 feet, more or less, to a point for corner, said point also being the Northwest corner of said BRANDING IRON COMMUNITY; THENCE Southeasterly, along said common line between the existing LC ETJ and the existing TC ETJ and West line of said BRANDING IRON COMMUNITY, 160 feet, more or less, to a point for corner, said point being at the centerline of Branding Iron Circle No. 1, a private roadway right-of-way; THENCE Westerly, along said common line between the existing LC ETJ and the existing TC ETJ, the centerline of said Branding Iron Circle No. 1, and a Westerly projection of said centerline, 1060 feet, more or less to a point for corner; THENCE Southwesterly, along an arc in said common line between the existing LC ETJ and the existing TC ETJ, said arc having a radius of 10560 feet, 10640 feet, more or less, to a point for corner, said point being at the Northeast line of Block 36 of said MOORE’S ADDITION, as well as being at the Southwest line of Avenue ‘B’; THENCE Southwesterly, along said common line between the existing LC ETJ and the existing TC ETJ, 1190 feet, more or less to a point for corner, said point being at a North line of the existing Dickinson city limits, as well as being the most Easterly corner of Block 128 of said MOORE’S ADDITION and the most Westerly corner of the intersection of 24th Street with Texas State Highway 3; THENCE Northwesterly, along a common line between the existing LC ETJ and the existing Dickinson City limits and the Southwest line of said Highway 3, 1410 feet, more or less, to a point for corner, said point being the most Northerly corner of Block 131 of said MOORE’S ADDITION, as well as being the most Southerly corner of the intersection of said Highway 3 with 20th Street;

PAGE 3 OF 5


THENCE Southwesterly, along a common line between the existing LC ETJ and the existing Dickinson City limits and the Southeast line of said 20th Street, 1620 feet, more or less, to a point for corner, said point being at the intersection of a projection of the Southeast line of said 20th Street and the Southwest line of the aforementioned Timber Drive, as well as being at the Northeast line of ST. EDMUNDS GREEN, SECTION THREE, a Subdivision in Galveston County, Texas, according to the map or plat thereof recorded in Volume 18, Page 1286 in the Office of the County Clerk of Galveston County, Texas; THENCE Northwesterly, along a common line between the existing LC ETJ and the existing Dickinson City limits, the Southwest line of said Timber Drive, and the Northeast line of said ST. EDMUNDS GREEN, SECTION THREE, 90 feet, more or less, to a point for corner, said point being the most Northerly corner of said ST. EDMUNDS GREEN, SECTION THREE, as well as being the most Easterly corner of the aforementioned ST. EDMUNDS GREEN, SECTION TWO, a Subdivision in Galveston County, Texas, according to the map or plat thereof recorded in Volume 18, Page 1266 in the Office of the County Clerk of Galveston County, Texas; THENCE Southwesterly, along a common line between the existing LC ETJ and the existing Dickinson City limits, 1320 feet, more or less, to a point for corner, said point being at the most Southerly corner of said ST. EDMUNDS GREEN, SECTION TWO and the most Westerly corner of said ST. EDMUNDS GREEN, SECTION THREE, as well as being at the Southeast line of the aforementioned Bess Road; THENCE Southwesterly, along a common line between the existing LC ETJ and the existing Dickinson City limits and the Southeast line of said Bess Road, 2640 feet, more or less, to the POINT OF BEGINNING. NOTE: THIS DOCUMENT HAS BEEN PREPARED UNDER 22 TAC § 663.23; DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND; IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT HAS BEEN PREPARED.

PREPARED

SEPTEMBER 24, 2007

BY




PAGE 4 OF 5


EXHIBIT “D”


EXHIBIT “E”


OF CITY OF LEAGUE CITY

All that certain property being out of and a part of the Lot 15B of the PERRY & AUSTIN UPPER LEAGUE, Abstract #19 and out of and a part of Lot 77 of DICKINSON ADDITION ‘D’, a Subdivision in Galveston County, Texas, according to the map or plat thereof recorded in Volume 155, Page 10 of the Galveston County Deed Records, located and situated in Galveston County, Texas: BEGINNING at the intersection of the West line of said Lot 15B with a Southwesterly projection of the Northwest line of Sunset Drive, said point being the most Southerly corner of that annexation to the City of League City described in City Ordinance No. 99-45; THENCE Northeasterly, along the existing League City limits, said projection of the Northwest line of Sunset Drive, and the South line of the tract described in said City Ordinance No. 99-45, 610 feet, more or less, to a point for corner, said point being a corner of said existing League City limits and being at the Southwest line of the Gulf Freeway (aka Interstate 45); THENCE Southeasterly, along the Southwest line of said Gulf Freeway, 580 feet, more or less, to a point for corner, said point being at the existing city limits of the City of Dickinson; THENCE Westerly, along said existing City of Dickinson limits and perpendicular to the West line of said Lot 15B, 810 feet, more or less, to a point for corner, said point being a corner in said existing City of Dickinson limits, being at the existing League City Limits, and being at the West line of said Lot 15B; THENCE Northerly, along said existing League City Limits and the West line of said Lot 15B, 90 feet, more or less, to the POINT OF BEGINNING. NOTE: THIS DOCUMENT HAS BEEN PREPARED UNDER 22 TAC § 663.23; DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND; IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT HAS BEEN PREPARED.

PREPARED

OCTOBER 12, 2007

BY




PAGE 1 OF 2


EXHIBIT “E”

EXECUTIVE SESSION

RECESS TIME:______________________

RECONVENE

TIME:___________________________

ITEM 15 NOTES:________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

ADJOURN TIME:_______________________________ MOTION:____________________________ SECOND:____________________________ VOTE_______________________________

STAFF REPORTS

______________________________________________________________________ MEMORANDUM Page 1

MEMORANDUM

TO: Honorable Mayor and Council Members FROM: Jessica Rogers, Administrative Services Manager CC: Julie M. Robinson, City Administrator DATE: October 6, 2014 SUBJECT: Administrative Services Staff Report – September 2014 ______________________________________________________________________ NEW PROJECTS Resolution/Ordinance Review – City Secretary Carolyn Anderson is currently reviewing all electronically stored records of the City’s resolutions and ordinances to ensure that all documents are signed and exhibits are attached whenever necessary. Staff Book Discussion of We Don’t Make Widgets – City Administrator Julie Robinson led Staff in discussions of the book We Don’t Make Widgets: Overcoming the Myths that Keep Government from Radically Improving by Ken Miller with the City’s department heads at the monthly staff meeting and at the weekly Administrative Services Staff meeting. The discussions centered on identifying widgets, or things the various departments produce which are typically systems and processes, and ways to improve those widgets. Examples of widgets discussed included payments to vendors, employee paychecks, the City’s budget, and employee leave request forms. Since this system review is happening across departments, the Council will be provided with an update of the changes implemented in January 2015. Red, White & Bayou Community Grants – Administrative Services Manager Jessica Rogers prepared and distributed notices to community nonprofit organizations that the 2014 Red, White & Bayou Community Grant application is now available. Due to the overwhelming success of the 2014 Festival, $35,000 has been made available for community grant awards. Applications are due November 7, 2014, and awards are anticipated to be made in December.

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ONGOING/COMPLETED PROJECTS Official Newspaper Bid – The award of the Competitive Sealed Bid for the Official Newspaper for the City of Dickinsong (CSB #1408-06) was scheduled for the September 23, 2014 Regular Council Meeting. At the meeting, a motion was made to award the bid the The Post Newspaper. This motion failed due to a 3-3 tie vote. A second motion was made to award the bid to the Galveston Daily News. This motion also failed due to a 3-3 tie vote. As a result of the tie votes, no action was taken on this item, and it will appear on the October 14, 2014 Regular Council agenda. Street Renaming Policy – Management Assistant Zachary Meadows has been working on the development of a Street Renaming Process. City Administrator Julie Robinson is currently reviewing the policy. Staff expects to present the policy to Council for workshop discussion in either November or December. FY 2014-2015 Budget Development – The City Council held the required public hearing and approved the FY 2014-2015 Original Budget and property tax rate on September 9, 2014. The 2014-2015 Fiscal Year began on October 1, 2014. Utility Billing Feasibility Study – Administrative Services Manager Jessica Rogers has been working with representatives from STW to develop a timeline and checklist for the implementation of the utility billing module. As the project moves forward, Ms. Rogers will bring information to the City Council as it becomes available. Implementation of iPads for Municipal Court – City Secretary Carolyn Anderson and Court Administrator Irma Rivera have worked together to provide iPads for the City’s municipal court. Once the City’s municipal court judge and prosecutor have switched to iPads, Ms. Anderson will oversee the removal of the monitors currently used at the dais. Additionally, City Administrator Robinson is currently reviewing a draft iPad Policy and anticipates presenting the draft policy to the Council for consideration in October. Multi-Year Financial Plan – Staff has begun work on the General Fund section of the Multi-Year Financial Plan. Staff plans to present a draft of General Fund section at the October 28, 2014 Council Workshop Meeting. Changes/Updates to Accounts Payable Process – Administrative Services Coordinator Kathryn Shannahan and Management Assistant Zachary Meadows continue to work on a draft of the ACH policy to allow vendors to sign up for ACH payment. Additionally, Mrs. Shannahan has received a detailed breakdown of ACH fees from Amegy Bank which she is currently reviewing. Since the City is going to go out for banking services, Staff will wait until the RFP process is complete before finalizing the proposed ACH Policy. Development of RFP for Banking Services – Council approved the contract with Valley View Consulting, LLC to over conduct the bank depository services RFP process.

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City Administrator Julie Robinson and Administrative Services Manager Jessica Rogers are working with Valley View to provide the supporting documents and city files necessary to develop the RFP. Mrs. Robinson had a very productive teleconference with Valley View on September 29, 2014 to discuss the timeline of events for the RFP process and scheduled future check-in points for the project. Development of Competitive Bid for Solid Waste Services – City Administrator Julie Robinson continues the process of developing a procurement document for solid waste services that will be issued this Fall. Mrs. Robinson had informal discussions with solid waste companies at the TML Annual Conference to discuss services currently being offered on the market and with other cities to determine which procurement process they had utilized for the same services. Website Redevelopment – The full website was launched on September 26, 2014. Management Assistant Zachary Meadows continues to work with CivicPlus and Staff to ensure that all issues regarding the site are resolved. Asset Management Program - Management Assistant Zachary Meadows and Administrative Services Coordinator Kathryn Shannahan have scheduled “uploading sessions” to work on entering all asset information into the STW Asset Management module. These sessions will continue over the next few months as Staff works through a large amount of non-capital assets reported by City departments. New assets, such as the Council iPads, are being entered into the system as they are delivered and put into use. Police Building Needs Assessment – City Administrator Julie Robinson, Management Assistant Zachary Meadows, Chief Ron Morales, and Captains Jay Jaekel, Melvin Mason and Steve Krone attended two meetings with Brinkley Sargent to continue the process of the development of the Needs Assessment. An additional meeting is scheduled for October. TWIA Lawsuit – City Administrator Julie Robinson and Administrative Services Coordinator Vernon Thompson spent three total days in depositions in the City’s lawsuit against Texas Windstorm Insurance Agency (“TWIA”) for its failure to pay the City’s claims after Hurricane Ike. Presentation at ICMA Annual Conference – City Administrator Julie Robinson was a panelist at the International City/County Management Association (“ICMA”) Annual Conference in Charlotte, North Carolina, and she spoke about managing through personal crisis. Economic Development Projects – City Administrator Julie Robinson has been working with a number of businesses looking to locate and/or relocate in Dickinson. The DEDC has continued with its strategy to market Dickinson. These efforts have included working with the Galveston Daily News to publish a redesigned and updated version of

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the DEDC’s quarterly publication “Discover Dickinson”. Copies of “Discover Dickinson” were distributed by the Galveston Daily News and are available at City Hall, Dickinson Public Library and the Historic Railroad Center. Additionally, the DEDC has approved an engagement letter with Andrews Kurth LLP for legal representation regarding the development of the DEDC’s properties along I-45. It is anticipated that the DEDC will use Andrews Kurth LLP for the creation of a development agreement and economic development incentives that will apply to the project. Mrs. Robinson has also revised the Highway 3 Property Improvement Program to make it more accessible for use by businesses in the Overlay District, and the DEDC Board will be reviewing the revised Program at its October Board meeting. Pine Forest Redevelopment Project – The re-issued RFP for the CDBG-DR Multifamily Rental Program for Galveston County was partially awarded on August 14, 2014. MBL DerbyCity Development, LLC, the developer that submitted for funding for the Pine Forest Redevelopment project, was awarded $3.9 million of the available $6.9 million. In September, Mrs. Robinson worked with the developer to submit additional aspects of the project that resulted in an additional $500,000.00 being awarded by Galveston County. The project has now received a total award of $4.4 million from Galveston County. STW Timesheet Module – Administrative Services Coordinator Vernon Thompson continued training various departments on the use of the STW Timesheet Module. The EMS, Public Works, and Library are now using the module to submit timesheets. It is anticipated that full implementation of the Timesheet Module (and therefore eliminating paper timesheets) will be completed by the end of October. Bus Stop Improvements – Dickinson Management District No. 1 met on August 14, 2014 and approved the Fiscal Year 2014-2015 Budget. The budget included $20,000 for bus stop improvements for the fixed route bus service provided by the Gulf Coast Center and will serve as matching funds to obtain an additional $42,000 in federal grant funds from the Gulf Coast Center for bus stop improvements each year. FY 2014-2015 Animal Services Budget – City Administrator Julie Robinson and City Council members Charles Suderman and Louis Decker attended the September 24, 2014 United Board of Health meeting. Mrs. Robinson addressed the Board with the City’s concerns about the Board’s decision to overrule the vote taken by the Animal Services Advisory Committee concerning Budget Option 1. Representatives from other cities receiving services from the Animal Resource Center also addressed the Board concerning its decision. Development of a Comprehensive Plan – Management Assistant Zachary Meadows and Chief Building Official Kevin Byal continue to work with Texas Target Cities Program in the development of the Comprehensive Plan. The second stakeholder meeting was held on September 29, 2014. The next meeting is planned for October 13, 2014.

______________________________________________________________________ MEMORANDUM Page 5

Request to Abandon a Portion of Right-of-Way in Sherwood Forest – The City has received all necessary payments and documents, and the records for the abandonment have been filed with Galveston County. Records Retention and Records Management – City Secretary Carolyn Anderson is working on developing an E-Records Retention program. She is using a “best practices” approach to the E-Records Retention program and is currently reviewing successful policies developed by other cities. Recycling Voucher Program – City Administrator Julie Robinson and Management Assistant Zachary Meadows are working with Mayor Masters and the City of Texas City to develop a voucher program that will allow Dickinson residents to dispose of paint at the Texas City Biosphere. A proposed Interlocal Agreement has been submitted to Texas City, and Dickinson continues to wait on a response from Texas City. MyGov and Property Liens – City Secretary Carolyn Anderson continues to work with Community Development Staff on the use of the MyGov software program to develop a streamlined process for the recording and tracking of filed property liens. Staff also attended training with Linebarger on its lien tracking software. MyGov and STW Interface –Management Assistant Zachary Meadows is working with MyGov to implement the MyGov STW interface. Once complete, Staff will no longer have to manually enter MyGov daily reports into STW. Dickinson Historical Society Founders’ Statues – Dickinson Historical Society held a ceremony to unveil the first statue on September 6, 2014. The event was well attended, and the statue is a great addition to the City Hall/Library Complex. Changes/Updates to City’s Masonry Regulations – Mayor Julie Masters and Management Assistant Zachary Meadows have continued working on revisions to the City’s masonry regulations. The proposed regulations will be presented to the Planning and Zoning Commission on October 21, 2014, and will then move forward to the City Council on October 28, 2014.

PUBLICWORKSMONTHLYPROJECTREPORT–September2014 Page1

TO: Honorable Mayor and City Council Members FROM: Kellis George, Director of Public Works DATE: October 1, 2014 SUBJECT: Monthly Project Report – September 2014 Storm Water Inspections – As part of the City’s storm water permit, inspections were done at the site of 9 new homes being built in the Bayou Lakes, Country Club, Bayou Park, De Palermo Subdivisions and the Perry and Austin Survey. The Contractors were notified of any violations, and all corrections were made. Pine Oak Drive Reconstruction Project – All concrete work has been completed by the contractor. The remaining dress up and asphalt work will be completed by the City crew. Incentive Program – The objective for the third quarter of FY 2013-2014 is Initiative and was awarded to Tommy Hernandez. Country Club Drive Outfall Ditch –Champion Hydro Mulch is completing the cleanup and seeding of the Country Club outfall ditch. Once completed, Champion will prepare an estimate for annual maintenance of the ditch. Culvert Installations – The Department installed storm culverts at the following location(s) in September for a total of 152 feet of installed concrete culverts: 3016 Shadowlane Dr – 8’ 2515 Timber Dr – 12’

3014 Yupon St – 6’ 1508 Rodeo Bend Dr – 64’ 2311 Ave H – 24’ 1714 Pine Grove Dr – 22’ 2311 Ave I – 16’


Continuing Monthly Activities – There are a number of activities that the Public Works Department performs on a monthly basis, including pothole repairs, reporting street light outages to the appropriate electric utility, responding to requests submitted to the City through Civic Services, street sweeping, mowing of rights-of-way, and addressing drainage issues. Tree Survey –Kellis George is in the process of marking a group of trees identified by Bay Area Tree Experts to receive bids for removal. Force Mowing – At the request of Jeff Pahlman in Code Enforcement, Public Works completed force mowing at three of the following locations:

5310 Honeyvine Dr 2306 Ave I 4400 Blk of Island Dr 5313 Sycamore – Public Works was unable to complete. The crew arrived to find the property is occupied and livestock is in the backyard.

Westside Drainage Improvements –Jennifer Fisk attended the pre-bid conferences on September 3rd and 10th and the bid opening on September 17th. The award of bid will go before Council on October 14th. Southside Drainage Improvements – Jennifer Fisk attended the pre-bid conference on September 29th. All Pro Gutters –All Pro Gutters completed the project of cleaning the gutters at City Hall and the Library on September 25th and 26th. 39th Street Drainage Issue – Kellis George met with property owner Shirley Scott on September 30th to discuss mowing and drainage issues that are happening on 39th St. Thornwood Circle – Kellis George met with property owner John Dues to discuss the drainage issues at 5441 Thornwood Circle. Kellis is in the process of scheduling WCID to TV the culverts and check for any separations. Insurance Presentation – Public Works staff attended the insurance presentation on September 18th at the Central Fire Station. Geotest Engineering, Inc. – Mohan Ballagere and Frank Lin with Geotest Engineering met with Kellis George at the Public Works office on September 3rd to discuss upcoming 2015 street projects.


Hurricane Preparedness – In preparation for the Hurricane Season, Public Works Staff has begun cleaning out culverts that were drainage hot spots identified in the Comprehensive Drainage Study as well as specific locations reported by citizens. Some of those locations for drainage work were:

Yupon St – cleaned 40’ of culverts Imite St – cleaned 304’ of culverts

To: Mayor & Council Members

From: Chief Ron Morales

Date: October 7, 2014

Re: September News

Administrative Services

Attended needs assessment meeting with architect for PD expansion project.

Attended a meeting at GCECD to discuss overflow 911 calls and resolution(s) to such calls.

Patrol Division

Officers responded to an “Undesirable Person” in the 5600 block of E FM517. The call was

related to a previous “Terroristic Threats” case where the subject threatened to kill his ex‐

girlfriend, her family and other persons in the apartment complex. The first officer to arrive

spotted the suspect leaving the apartment complex in a white pickup truck which was stopped

just outside the city limits on E FM517. When the driver was asked to get out of the vehicle, he

drove off at a high rate of speed with DPD officers and GCSO deputies in pursuit. The pursuit

ended in Bacliff after the suspect vehicle ran into a small tree. No one was injured. The suspect

was arrested for “Fail to Identify‐Fugitive from Justice” and “Felony Evading in a Motor Vehicle”.

Officer responded to a “Home Invasion Robbery” in the 1300 block of Plantation Drive where

two male subjects entered the home a took $10,000.00 cash, a pistol and a red Hummer H2.

The vehicle was recovered the next day in the parking lot at 3206 Lobit Drive. One suspect is in

custody in Huntsville on unrelated charges while CID follows up on the investigation.

Criminal Investigation Division

Patrol took a report for a theft that occurred at the Dickinson Washateria located at 4327 E

FM517. A total of $1,320.00 was taken from the register when the clerk left the store to take

the trash out. Through investigation, a suspect was identified and a warrant was issued for

“Theft>=$500<$1,500”. The W/M suspect from Santa Fe turned himself into the Galveston

County Jail September 10th on the warrant which carries a $5,000 bond.

Patrol took a report of a “Burglary of a Habitation” where the back door had been kicked in.

After investigation and interviewing witnesses, the suspect has been identified as the victim’s

son, a 21 year old W/M. The burglary charge is pending further investigation but a warrant has

been issued for criminal trespass with a bond set at $1,000.

Detective Cromie was an invited guest speaker at the FBI Citizen Police Academy class at the

Houston FBI Office.

Crime Prevention & Community Policing

Police Officers and COPS members assisted with the DISD Homecoming Parade.

The Dickinson Police Bicycle Team and the DCPAAA held their Bicycle Helmet Giveaway.

Attended the Cheyenne Subdivision HOA held in the DPD Training Room.

VOCA Grant Activities

Assisted 29 Families (total of 32 victims served).

Contacted 32 victims by mail; 23 by phone; held 9 personal visits.

Information Technology

Signed an agreement with the City of League City to participate in the GRID OSSI System.

2014 Dickinson Police Department

Crime and Traffic Report

Criminal Activity January February March April May June July August September October November December YTD Total 2013 Total 2012 Total

Criminal Homicide ‐ Negligent Manslaughter 0 0 0 0 0 0 0 0 0 0 1 0

Forcible Rape 0 0 0 0 1 0 0 2 3 6 3 6

Robbery 0 1 0 3 1 3 2 1 0 11 7 14

Aggravated Assault 0 1 3 2 3 3 0 2 3 17 26 24

Assault 18 13 21 23 35 27 24 13 20 194 228 226

Assault on Peace Officer 0 0 0 0 0 0 0 0 0 0 3 12

Burglary 20 12 11 10 10 12 11 7 16 109 175 121

Larceny/Theft 53 23 22 24 32 34 29 34 35 286 393 411

Motor Vehicle Theft 1 2 2 0 3 4 7 3 4 26 40 33

Arson 1 0 0 0 0 0 0 0 0 1 1 1

Total Reportable Offenses 92 52 59 62 85 83 73 62 81 649 857 814

Total Calls Received and Dispatched 4,541 3,870 4,187 3,969 4,870 4,303 4,616 4,195 3,284 37,835 51,696 48,865

Total Cases Cleared by Arrests 21 15 17 15 17 24 25 10 22 166 222 274

Total Arrests (Adult) 91 123 113 105 95 91 76 68 70 832 1,117 1,162

Total Adult Felony Arrests 9 13 5 13 6 11 7 9 10 83 116 109

Total Arrests (Juvenile) 0 0 3 2 4 5 0 1 0 15 16 22

Total Juvenile Felony Arrests 0 0 1 0 0 2 0 0 0 3 6 7

Total Value of Vehicles Stolen $15,000 $19,000 $67,000 $0 $8,500 $39,500 $148,000 $12,800 $27,000 $336,800 $293,085 $278,569

Total Value of all other Property Stolen $106,261 $99,649 $22,030 $25,220 $28,060 $76,544 $21,672 $40,459 $46,276 $466,171 $889,015 $393,194

Total Value of all Property Recovered $2,715 $28,634 $18,078 $4,312 $8,915 $7,924 $89,986 $25,219 $20,398 $206,181 $174,847 $238,902

Total Vehicles Stolen/Received other Department 2 1 1 0 1 1 0 2 0 8 1 8

Total Vehicles Stolen/Received Local 0 1 0 0 3 0 6 1 2 13 18 14Total Vehicles Stolen other Department/Received Local 1 2 0 0 0 1 1 0 0 5 2 7

Traffic Activity YTD Total 2013 Total 2012 TotalTotal Accidents Reported 36 29 37 45 36 30 31 39 40 323 384 359Total Accidents with Property Damage 2 3 3 2 3 1 2 2 3 21 19 28Total Accidents with Personal Injury 6 3 8 8 4 6 8 7 7 57 79 72Total Number of Personal Injury 9 3 8 8 4 8 8 7 9 64 101 96Total Fatality Accidents 0 0 0 0 0 0 0 0 0 0 2 0Total of Warning Tickets (Moving Violations) 125 127 171 158 300 259 388 188 174 1,890 2,358 1,668

Total of Warning Tickets (Non‐Moving Violations) 207 227 225 250 240 188 265 262 308 2,172 3,343 3,548

Total Citations Issued to Adults 218 219 357 204 388 263 285 244 2,178 2,969 3,729

Total Citations Issued to Juveniles 3 1 6 2 8 4 3 3 30 40 102

Total Number of all Violations 284 286 438 256 471 332 349 299 2,715 3,898 5,171

Total Amount of Fines Assessed $77,270 $74,170 $108,836 $67,481 $106,185 $77,751 $78,528 $71,345 $661,566 $946,753 $1,159,670

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TO: Honorable Mayor and Council Members FROM: Vicki McCallister, Library Director CC: Julie M. Robinson, City Administrator DATE: October 7, 2014 SUBJECT: Dickinson Public Library (DPL) Staff Report – September 2014 ______________________________________________________________________ NEW PROJECTS Voter Registration Booth – The Library hosted a group of volunteers who came on Tuesday and Thursday mornings in September to offer voter registration and information about making necessary changes in order for the patrons’ registration card to match to the appropriate ID. POW-MIA Display – During the third week of September, the Dickinson VFW put up a touching display to honor POW/MIA soldiers for National POW/MIA Day on September 20th. Many patrons stopped by the display to acknowledge the service and sacrifice of these men and women and their families. Hosted Webinar - On September 17, 2014, Dickinson Public Library hosted a webinar provided by the American Library Association in Council Chambers. The Facebook in the Library webinar was attended by staff from Galveston County libraries. It supplied helpful tips and tools to set up, maintain and invest in social media specifically as it relates to public libraries. Statue Dedication - On September 6, 2014, Dickinson Historical Society held a dedication for the first of three statues, the Rancher, on the south side of the Library building. Library Director Vicki McCallister and Assistant Director Kathy Soehl attended the event. The monument is a welcome addition to the Library property and educational goals. New Partnerships – Assistant Director and Children’s Librarian Kathy Soehl will be partnering with the Head Start Program in Hitchcock to help provide them with needed material for their school. Bi-weekly, different books will be selected by Ms. Soehl

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according to the themes provided by the teachers for that period and checked out for the teachers to read to the children. ONGOING/COMPLETED PROJECTS Staff Training – Both Library Director Vicki McCallister and Catalog/Processing Librarian Caitlin Campbell attended county training in Galveston on Copyright and Fair Use in Public Libraries. In addition, Ms. McCallister, Ms. Soehl and Ms. Hollingsworth attended the Webinar for Facebook In the Library. Ms. Hollingsworth also attended three webinars about trends in young adult literature and connecting with teen readers, and Ms. Soehl attended a webinar on selecting audio books. Author/Artist Lecture Series –Author Ernie Deats had a good turnout for his lecture on his book The Last Karankawa. The next book to be discussed in the series will be on October 16th at 6:00 featuring the book Lower than the Angels by Margaret Symmank. Lower than the Angels is fiction but based on the true polio epidemic on the Gulf Coast in the early 1950’s. Computers for Beginners – These popular classes will resume Tuesday, September 9, 2014, at 9:00 am with the addition of new Librarian Caitlin Campbell and will continue through May of next year. See the October Library Calendar for topics covered in October. Registration is required. Adult Craft Classes – In September, the Library will be offering two adult craft programs during the day. Beginning Crocheting will start on its new day Thursday, September 11, 2014 at 2:00 pm. In addition, Define Your Design Style will be offered on the 3rd Thursday of every month at 1:00 pm. Matt Falco will be offering different hands-on presentations every month. Check the Library website for information on these events. Grants – Youth/IT Librarian Meghan Hollingsworth stated working on the 2015 grants awarded by the Texas State Library and Archives Commission. The grants actually begin on October 1, 2014. Teens – The Teen Zone programming has been moved to Wednesdays at 3:00 pm for the fall. A different activity or volunteer opportunity will be offed every week.

SERVICESBooks Loaned

Audio Books Loaned

Music CDs/Cassettes Loaned

Videos/DVDs Loaned

Other Materials Loaned

Total Circulation Transactions

Juvenile Transactions (a part of total circulation transactions)

Materials Used in House

New Patrons Registered

Reference Transactions/Information Questions 401356

Adult Programs offered by the Library - # Programs & # Attendees 8109

Young Adult Programs offered by the Library - # Programs & # Attendees 310

Children's Programs offered by the Library - # Programs & # Attendees 7132

Number of Visits (Door Count)

Volunteer Hours

INTERNET AND ELECTRONIC SERVICESInternet Users

Internet Hours

RESOURCE SHARINGILL borrowed from other libraries outside of Galveston Co.

ISL borrowed from other public libraries in Galveston Co.

Total ILL & ISL borrowed from other libraries

Total ILL & ISL requests loaned to libraries for our users

GALVESTON CO. LIBRARY MONTHLY STATISTICS REPORT

Library ____Dickinson Public Library___________ Month Aug Year 2014

2644

80

28

2033

0

4785

2393

544

120

5093

6

12

34

29

1620

1588

6

Dickinson Fire Marshal’s Office 4403 Highway 3 Dickinson, TX 77539 281-337-6262 281-337-6290 Fax

Page 1 of 2

MEMORANDUM To: Honorable Mayor and City Council Members From: Lee Darrow, Fire Marshal Cc: Julie Robinson, City Administrator Date: September 30, 2014 RE: Fire Marshal Staff Activity Report for September 2014 Staff Activity - Staff has been in contact with CenterPoint Energy ROW department to request cleaning of overgrown

vegetation within the storm drainage ditch located within their ROW from the South City limits at Hughes Rd to Dickinson Bayou. A response was received on September 25th stating that it should be completed the week of September 29th, weather permitting.

- Staff continues to work on the designing of the Fire Marshal’s section of the new City website. Basic information has been posted with more information to be added during the month of October.

- On September 18th, staff attended the dedication ceremony at the College of the Mainland Firearms Range. The range has been officially dedicated and named after the late Lem Powell who had been the range master for COM for many years. Many of the officers past and present for Dickinson Police Department and Dickinson Fire Marshal’s Office have attended and been instructed by Mr. Powell over the years.

- October is “Fire Prevention Month”. This year’s message will be “Working Smoke Detectors Save Lives”. The Fire Marshal’s Office in conjunction with the Dickinson Volunteer Fire Department will be visiting the local Elementary Schools, Day Cares and Children’s Church Groups throughout the month.

- A new server and software upgrades have been ordered to enhance the use of the Digital Air Control system at the City Hall/Library Complex. Equipment is anticipated to be installed during the 2nd or 3rd week of October. Key staff will also receive training on the new system in an effort to utilize the HVAC system more efficiently during off peak hours by minimizing its use during those times.

- Staff has been in contact with the construction company responsible for damage to the roadway along Hughes Lane. All parties agreed to meet upon the completion of the project through the City and adjacent portions of Galveston County to evaluate any and all damages that require repairs. Repairs will be conducted to meet City of Dickinson standards at that time.

Investigations - 09/21/2014 – 3000 Block IH-45, Crews responded to a report of a vehicle on fire. Upon arrival, crews

found fire coming from the engine compartment of the vehicle. The fire was extinguished without incident. Crews determined the fire to have been accidental due to mechanical failure.

- 09/22/2014 – 3000 Block of Arkansas, Crews responded to a reported kitchen fire. Upon arrival crews found a fire on the stovetop. The fire was extinguished without incident. One resident was treated by EMS for smoke inhalation at the scene. The fire was determined to have been accidental caused by a grease fire.

Fire Marshal Staff Activity Report Cont’d

Page 2 of 2

- 09/22/2014 – 5000 Block Akumal Calle, Crews responded to a reported structure on fire. Upon arrival crews found fire coming from an exterior wall behind the residence. DVFD crews had to cut open the exterior wall to gain access and extinguish the fire. The fire appeared to be an accidental fire from an improperly discarded cigarette.

- Assisted Public Works with Storm Water Violation enforcement in the Forest Cove subdivision. - Assisted Code Enforcement with illegally parked vehicles offered for sale.

Plan Reviews conducted and/or meetings for proposed new businesses - Staff reviewed and approved plans for the following Change of Occupancies;

o 4220 E. FM 517 – Ernesto’s Hair Studio o 2623 Gulf Frwy – Flooring Source, conducted final inspection. o 200 Hughes Rd. – Liquidation Locations o 905 E. FM 517 – Tease Hair Salon o 2401 Termini Suite “B” – New Firewalls being added for new tenant space. o 3410 Gulf Frwy – Reviewed plans for modifications to the Fire Sprinkler System during remodel

of the Kroger grocery store.

Licensed Facility and Home Inspections - Conducted inspections at the following locations for state licensed daycares, foster care homes or

assisted living homes; o 634 W. FM 517 – A Lifetime of Learning Day Care “After School Location”

Total Inspections Completed - Fire & Life Safety Inspections - 96

(Re-inspections included)

MEMORANDUM Page 1 Dickinson EMS Monthly Report – September 2014

TO: Honorable Mayor and City Council Members FROM: Derek Hunt, EMS Director DATE: October 1, 2014 SUBJECT: Monthly Report for September 2014 __________________________________________________________________________

Monthly Overview:

Staff met with Connie Nicholson with Galveston County and Steve Gauen with Boon-Chapman and provided requested documentation with regard to the area of the county covered by Dickinson EMS

Staff attended advanced airway course sponsored and paid for by Houston Methodist St. John’s Hospital

Staff attended trauma RAC-R meeting in Baytown Staff attended training on STW payroll online system Staff attended quarterly EMS meeting at Clear Lake Regional Hospital Staff attended quarterly EMS dinner at Perry’s in Webster hosted by Clear Lake

Regional Hospital announcing being in active pursuit of their Level-II trauma center certification

Staff attended an online webinar hosted by Verizon Wireless for emergency responders titled More Data for Less discussing alternatives to the MCT in the vehicles

Staff implemented new updated EMS webpage within the city’s new website Staff continues to monitor the implementation of the Physio Lifenet System for

transmitting EKG’s and data from the field to receiving facilities Staff continues to work with Captain Mason on updates to the Central Fire Station

security video system Staff continues to work on Vial of Life Program Staff continues to work on cost saving measures and revenue ideas Staff continues to work on updating DEMS standard operating guidelines and protocols Staff continues to interview for last open full-time Paramedic position Staff provided EMS standby coverage for two DISD football home games

4403 Hwy 3, Dickinson, TX 77539 (281) 534-3031 ext.3102 (281) 534-3680 fax

www.ci.dickinson.tx.us

Email: [email protected]

Derek Hunt

EMS Director

MEMORANDUM Page 2 Dickinson EMS Monthly Report – September 2014

EMS Training:

Staff attended Dickinson EMS staff meeting and reviewed several video laryngoscope systems

Staff continues to work on TDSHS required ongoing continuing education Staff continues to work on setting up for hosting American Safety and Health Institute

CPR courses for the public at the station. Currently in the process of getting setup with instructors.

Staff completed advanced airway course Staff continues to train on EMS Toolkit for scheduling, inventory management, fleet

management, and online education

Health News / Information:

Staff emailed out a reminder that October 1st began the first day of the influenza season and encouraged all to get a flu shot as it typically takes two weeks to build up an immunity

Staff continues to monitor the Ebola virus and is working with state and federal agencies on recommendations for pre-hospital staff and the community

Staff with the assistance of the CDC implemented a patient call screening guide for our dispatchers to screen for anyone with symptoms resembling the Ebola virus

Recognition:

Staff received thank you cards from each third grade class from Silbernagel Elementary as they are learning about first responders

2014 Dickinson Emergency Medical Services

Activity Report

EMS Activity* January February March April May June July August September October November December 2014 Total 2013 Total 2012 Total

Assist 0 0 0 0 0 0 0 0 0 0 0 0

Call Cancelled 1 3 5 2 1 2 1 6 1 22 33 62

DOS, No Transport 1 5 0 5 2 3 4 1 2 23 31 23

Disregarded En Route 1 8 3 6 2 5 3 6 4 38 95 101

False Alarm (No Incident Occurred) 0 0 1 2 2 2 1 2 2 12 46 30

No Patient Found 13 8 13 16 19 21 10 18 19 137 303 355

No Treatment, No Transport 38 35 39 32 35 42 36 34 39 330 370 394

Patient Care Transferred 4 6 7 4 3 6 3 2 4 39 18 26

Stand By 1 4 0 0 0 1 0 1 1 8 0 0

Transported Lights/Siren 16 5 6 7 15 11 9 9 9 87 173 175

Transported No Lights/Siren 72 69 65 90 81 70 74 87 82 690 995 1,089

Transported No Lights/Siren, Upgraded 0 1 0 1 0 0 1 1 0 4 5 6

Treated, Transported by Law Enforcement 0 0 0 0 1 0 0 0 0 1 3 3

Treated, Transported by Private Vehicle 0 0 1 0 0 0 0 0 0 1 4 2

Treatment, No Transport 14 8 18 11 9 12 6 9 9 96 242 255

Mutual Aid ‐ Patient Encounters 19 21 20 19 24 32 16 26 23 200

Total EMS Activities ‐ Patient Reports* 180 173 178 195 194 207 164 202 195 1,688

Average Response Time 6.17 5.50 5.27 5.42 4.54 5.38 5.70 5.23 5.22 5.38 5.04 5.36

AIR MEDICAL TRANSPORTS 4 2 5 4 1 6 3 2 4 31 29 23

Dispatched Incidents

In City 146 126 131 138 150 151 121 144 134 1241

Out of City 34 43 47 51 41 56 37 57 59 425Total Dispatched Incidents for Dickinson EMS* 180 169 178 189 191 207 158 201 193 0 0 0 1,666 2,318 2,521

Mutual Aid Breakdown** January February March April May June July August September October November December YTD Total 2013 Total 2012 Total

Mutual Aid Given to Other Services 2 8 10 10 6 14 6 11 10 77 76 101

Mutual Aid Received by Other Services 19 21 22 19 26 36 21 29 24 217 N/A N/A

Mutual Aid Received by Other Services Avg Response Time 18 15 16 11 13 15 15 17 14 134 N/A N/A

0 N/A N/A

0 N/A N/A

OTHER INFORMATION January February March April May June July August September October November December 2014 Total 2013 Total 2012 Total

COLLECTIONS ‐ 2014 $31,012.86 $31,326.20 $30,506.46 $30,143.23 $36,867.96 $31,283.02 $34,270.11 $44,510.04 $49,823.20 $319,743.08

COLLECTIONS ‐ 2013 44,788.62$ 32,929.19$ 41,366.80$ 45,952.19$ 37,193.42$ 35,190.42$ 45,294.67$ 39,534.87$ 30,684.50$ 26,838.11$ 24,769.16$ 33,366.08$ 437,908.03$

COLLECTIONS ‐ 2012 46,762.09$ 40,537.44$ 47,378.14$ 51,499.21$ 52,056.35$ 43,461.19$ 50,031.81$ 40,755.44$ 46,827.70$ 49,067.67$ 32,436.05$ 48,582.90$ 549,395.99$

COLLECTIONS ‐ 2011 34,931.36$ 29,807.27$ 45,092.56$ 52,001.25$ 36,692.17$ 27,747.57$ 32,327.43$ 48,744.69$ 39,978.64$ 35,337.55$ 38,399.36$ 33,873.83$ 2011 Total

454,933.68$

1

To: Honorable Mayor and City Council

From: Irma Rivera, Court Administrator

CC: Julie M. Robinson, City Administrator

Date: 10/08/2014

Re: Staff Report for September 2014

Court calendar for October 2014 as follows: October 1st & 8th Arraignment Hearing @ 2:00 p.m. October 6th Jury Hearing @ 9:00 a.m. October 21st Attorney Pre-Trial Hearing October 22nd Bench Trial Hearing @ 3:00 p.m. October 23rd Non-Att. & Juvenile Hearing @ 3:00 p.m. Update on website:

• Court dockets are now available for viewing on the city’s new website.

• Working on a Q & A section for defendants seeking information on frequently asked questions.

• Setting up links for defendants to obtain information on why their driver’s license or identification cards are suspended.

• Provided information regarding indigence programs to help pay for surcharges fee defendants owe.

o Lucy Winterfeld will be attending 2014 Texas Court Clerk Association Conference in College Station, TX on October 19-22, 2014. o With the removal of the computer monitors in the courtroom the Court is in the process of purchasing i-Pads. Further details will be presented in the coming weeks.

Irma Rivera

4403 HWY 3 Dickinson, Texas 77539 (281) 337-6264 (281) 337-6190 fax

www.ci.dickinson.tx.us [email protected]

http://www.ci.dickinson.tx.us/

mailto:[email protected]

2014 Dickinson Municipal CourtFiled Cases

CASES FILED January February March April May June July August September October November December YTD Total 2013 Total 2012 Total Police Department 249 270 432 276 427 381 361 330 325 3,051 2,720 2,375Municipal Court 59 33 60 41 57 2 97 65 56 470 681 857Code Enforcement 2 0 3 0 6 4 5 0 20 18 7Fire Marshal 1 0 0 0 1 0 3 1 2 8 15 17Animal Control 0 0 4 12 8 1 13 0 1 39 28 76Transferred Out 28 20 0 0 0 0 0 0 48 1,217 3,432Reserve Officer 0 0 0 0 0 0 0 0 0 0Texas Department of Public Safety 0 3 0 0 0 1 0 5 9 18 21 31TOTAL FILED VIOLATIONS 339 326 499 329 499 389 479 401 393 3,654 4,700 6,795

WARRANTS ISSUED YTD Total 2013 Total 2012 TotalPolice Department 71 89 120 113 158 95 122 198 126 158 1,188 1,304Municipal Court 67 52 65 70 92 20 100 130 72 668 1,032 1,266Code Enforcement 0 1 0 4 0 0 0 0 5 2 2Fire Marshal 1 0 0 0 0 0 0 0 1 11 4Animal Control 5 0 0 4 3 0 9 8 1 30 16 18Transferred Out 42 26 21 11 20 13 2 30 13 178 657 1,556Reserve Officer 1 0 0 0 2 0 0 3 3 0Texas Department of Public Safety 1 1 0 0 2 0 0 0 1 5 15 35TOTAL WARRANTS ISSUED 188 169 206 202 275 130 233 366 126 1,895 2,924 4,185

WARRANTS CLEARED YTD Total 2013 Total 2012 TotalPolice Department 71 135 139 85 90 110 117 78 65 890 985 1,078Municipal Court 67 98 115 58 71 72 94 59 57 691 1,029 1,122Fire Marshal 1 0 0 0 4 0 0 0 5 10 5Code Enforcement 0 0 0 5 3 0 0 0 8 2 3Animal Control 5 0 4 48 2 0 6 3 1 69 10 21Transferred Out 42 51 89 0 44 38 49 36 43 392 1,022 1,363Reserve Officer 1 0 1 0 5 2 0 9 4 2Texas Department of Public Safety 1 5 4 1 0 0 3 1 15 21 44TOTAL WARRANTS CLEARED 188 289 352 197 219 222 269 177 166 2,079 3,083 3,638

2014 DICKINSON MUNICIPAL COURT ACTIVITY REPORT

Future Agenda Items Page 1 of 6

FUTURE CITY COUNCIL AGENDA ITEMS

October 2014 10/28/2014 Special Council Meeting

o Proposed Municipal Drainage Utility Fund Section of Multi-Year Financial Plan

o Proposed General Fund Section of Multi-Year Financial Plan Regular Council Meeting

o Update on Public Works Projects o Update on Activities of Houston-Galveston Area Council o Approval of Donation Agreements for Library o Public Hearing on Revised Masonry Regulations o First Reading of Ordinance for Revised Masonry Regulations o Award of Bid for Southside Drainage Project (CDBG Disaster

Recovery Round 2.2) o Approval of Contract for Southside Drainage Project (CDBG

Disaster Recovery Round 2.2) Award of Bid for Bayou Chantilly Project (CDBG Disaster Recovery Round 2.2)

o Award of Bid for Bayou Chantilly Project (CDBG Disaster Recovery Round 2.2)

o Approval of Contract for Bayou Chantilly Project (CDBG Disaster Recovery Round 2.2)

o Public Hearing for Church SUP o First Reading of Ordinance on Church SUP o Review and Re-approve Investment Policy

November 2014 11/11/2014 Special Council Meeting Regular Council Meeting

o Update on Public Works Projects o Update on Activities of Houston-Galveston Area Council o 4th Quarter Financial & Investment Report o Re-approve FHAST form o Consideration of Proposed Street Renaming Policy o Award of Bid for Eastside Drainage Project (CDBG Disaster

Recovery Round 2.2) o Approval of Contract for Eastside Drainage Project (CDBG Disaster

Recovery Round 2.2)


December 2014 12/09/2014 Special Council Meeting Regular Council Meeting

o Update on Public Works Projects o Update on Activities of Houston-Galveston Area Council o Update on Activities of November Dickinson Bayou Watershed

Steering Committee Meeting January 2015 01/13/2015 Special Council Meeting Regular Council Meeting

o Update on Public Works Projects o Update on Activities of Houston-Galveston Area o Award of RFP for Banking Services o Widget Briefing

01/27/2015 Special Council Meeting Regular Council Meeting

o Update on Public Works Projects o Update on Activities of Houston-Galveston Area Council o Update on Activities of Dickinson Bayou Watershed Steering

Committee Meeting February 2015 02/10/2015 Special Council Meeting Regular Council Meeting

o Update on Public Works Projects o Update on Hurricane Ike CDBG Grant Projects o



o Update on Public Works Projects o Update on Activities of Houston-Galveston Area Council o Consideration of Proposed ACH Policy o

March 2015 03/10/2015 Special Council Meeting Regular Council Meeting

o Update on Public Works Projects 03/24/2015 Special Council Meeting Regular Council Meeting


Committee Meeting April 2015 04/14/2015 Special Council Meeting Regular Council Meeting


o Update on Public Works Projects o Update on Activities of Houston-Galveston Area Council


May 2015 05/12/2015 Special Council Meeting Regular Council Meeting

o Update on Public Works Projects



Committee Meeting June 2015 06/09/2015 Special Council Meeting Regular Council Meeting




July 2015 07/14/2015 Special Council Meeting Regular Council Meeting





August 2015 08/11/2014 Special Council Meeting Regular Council Meeting


o Update on Public Works Projects o Update on Activities of Houston-Galveston Area Council o

September 2015 09/08/2015 Special Council Meeting Regular Council Meeting




October 2015 10/13/2015 Special Council Meeting Regular Council Meeting



November 2015 11/10/2015 Special Council Meeting Regular Council Meeting

o Update on Public Works Projects December 2015 12/08/2015 Special Council Meeting Regular Council Meeting


ADJOURN TIME:_______________________________ MOTION:____________________________ SECOND:____________________________ VOTE_______________________________