· 10/25/2011 · NOTICE is hereby given of a SPECIAL WORKSHOP MEETING of the City Council for...

October 25, 2011 City Council Special Workshop

Meeting 6:00 p.m.

City Council Regular Meeting 7:00 p.m.

COUNCIL WORKSHOP

Julie Masters, Mayor Charles Suderman Mary Dunbaugh Walter Wilson, Mayor Pro Tem

AGENDA City of Dickinson CITY COUNCIL

SPECIAL WORKSHOP MEETING

Kerry Neves

Louis Decker William H. King III

Julie M. Johnston, City Administrator

___________________________________________________________________________________ 2011 City Council Workshop Page 1 of 1

October 25, 2011 NOTICE is hereby given of a SPECIAL WORKSHOP MEETING of the City Council for the City of Dickinson, County of Galveston, State of Texas, to be held on TUESDAY, October 25, 2011, at 6:00 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 ITEM 2.) BRIEFING AND DISCUSSION CONCERNING: Quarterly Financials and

Investment Report for Third Quarter of Calendar Year 2011. ITEM 3.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Projects to

be Submitted for Disaster Relief CDBG Program Round 2.2. ITEM 4.) DISCUSSION AND DIRECTION CONCERNING: Seeking Competitive

Bids for Solid Waste, Green Waste and Recycling Services Within the City of Dickinson.

ITEM 5.) ADJOURN

CERTIFICATION This is to certify that a copy of the Notice of the City Council Workshop Meeting for TUESDAY, 2011, was posted on the bulletin board at City Hall, 4403 Highway 3, Dickinson, Texas, on this the 20th day of October, 2011, prior to 6:00 p.m. _______s/s Carolyn E. Anderson__ 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.

CITY OF DICKINSON, TEXAS CITY COUNCIL MEETING

ATTENDANCE LIST MEETING DATE: October 25, 2011 Workshop Meeting MAYOR/COUNCIL PRESENT ABSENT MAYOR JULIE MASTERS _______ _______

POS. 1: COUNCILMAN CHARLES SUDERMAN _______ _______

POS. 2: COUNCILWOMAN MARY DUNBAUGH _______ _______

POS. 3: COUNCILMAN WALTER WILSON _______ _______

POS. 4: COUNCILMAN KERRY NEVES _______ _______

POS. 5: COUNCILMAN LOUIS DECKER _______ _______

POS. 6: COUNCILMAN WILLIAM KING _______ _______

MAKE NOTE ON RECORDING: THE FOLLOWING ALSO ARE IN ATTENDANCE: ATTORNEY, Loren B. Smith _______ _______

CITY ADMINISTRATOR, Julie M. Johnston _______ _______

CITY SECRETARY, Carolyn E. Anderson _______ _______

___________________________________ _______ _______

___________________________________ _______ _______

___________________________________ _______ _______

___________________________________ _______ _______

ITEM 2 NOTES:________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

City of Dickinson

Comprehensive Quarterly Financial Report

(unaudited) As of September 30, 2011

Prepared by: Mary Young Department of Finance

Target is

100.00%

For Quarter 4

% TO DATE OF FY

2011 SECOND

AMENDED BUDGET

FY 2011 SECOND

AMENDED

BUDGET

ACTUAL AS

OFSEPTEMBER

30, 2011

VARIANCE

OVER(UNDER)

BUDGET FOR FOURTH

QUARTER

REVENUE

Use of Beginning Fund Balance - $ 56,651 $ - (56,651)

Property Tax 99% $ 2,644,987 $ 2,621,763 (23,224)

Sales Tax-- August Posted - September Due 92% $ 3,764,750 $ 3,451,868 (312,882)

Franchise & Local Tax (1 Quarterly Pmt Still Due ) 73% $ 984,756 $ 719,187 (265,569)

Hotel Taxes (1 Quarterly Pmt still due) 87% $ 20,208 $ 17,481 (2,727)

Licenses & Permits 96% $ 279,143 $ 268,451 (10,692)

Court Fines and Forfeitures 103% $ 698,487 $ 720,558 22,071

Charges for Services 100% $ 1,053,918 $ 1,052,392 (1,526)

Investment Revenue 102% $ 37,500 $ 38,288 788

Miscellaneous Income 105% $ 4,500 $ 4,734 234

Library Revenue Sources (Fines & Fees) 100% $ 12,000 $ 11,979 (21)

Other Fees 150% $ 19,340 $ 28,977 9,637

EMPG Grant 100% $ 32,000 $ 32,000 -

Operating Transfer In-PID #1 100% $ 15,000 $ 15,000 -

Auto Crimes Task Force 54% $ 46,200 $ 24,786 (21,414)

GFOA/Lone Star Library Grant 100% $ 6,208 $ 6,208 -

Household Hazordous Waste Grant 100% $ 128,627 $ 128,627 -

Transfer In from DEDC 100% $ 170,711 $ 170,711 -

Transfer in from DMD #1 100% $ 205,407 $ 205,407 -

Transfer from Seized Funds-Training 100% $ 10,000 $ 10,000 -

Transfer from Seized Funds-Radios 100% $ 15,000 $ 15,000 -

Transfer from Drilling Bond Reserve 100% $ 80,603 $ 80,603 -

Transfer in from Seized Funds-EOC Trailer 100% $ 13,500 $ 13,500 -

Transfer in from CIP- Law Enforcement 100% $ 22,791 $ 22,791 -

Transfer from VERF- RESERVE 100% $ 82,363 $ 82,363 -

Transfer from Linebarger Prior Year Reserves 100% $ 12,814 $ 12,814 -

Unexpended Fund Balance FY 2010 100% $ 49,685 $ 49,685 -

Transfer in from Seized Funds- K-9 Unit 100% $ 2,538 $ 2,538 -

Total Revenues 94% 10,469,687 9,807,711 (661,976)

√ √

CITY OF DICKINSON

FY 2011 STATEMENT OF OVER (UNDER) BUDGET COMPARISION

GENERAL FUND

AS OF SEPTEMBER 30, 2011 (UNAUDITED)

EXPENDITURES

Administration 92% $ 466,073 431,056 (35,017)

Finance 96% $ 199,959 192,050 (7,909)

Community Development 98% $ 333,321 327,692 (5,629)

Municipal Court 96% $ 252,766 242,890 (9,876)

Law Enforcement 97% $ 3,706,065 3,589,024 (117,041)

Public Safety 95% $ 245,385 232,313 (13,072)

Emergency Management 76% $ 125,892 95,313 (30,579)

Public Works 100% $ 579,357 582,055 2,698

Information Technology 90% $ 272,160 246,170 (25,990)

Library 99% $ 268,904 265,322 (3,582)

Tourism & Museum 94% $ 75,596 71,132 (4,464)

Land Acquistion 100% $ 34,382 34,382 -

Sales Tax Payments to DEDC 88% $ 1,167,073 1,028,251 (138,822)

380 Grant Payments 97% $ 1,254,917 1,219,816 (35,101)

Contractual Services 95% $ 1,209,770 1,147,579 (62,191)

Household Hazordous Waste Grant 100% $ 128,627 128,627 -

TOTAL EXPENDITURES 95% $ 10,320,247 9,833,671 (486,576)

√ √ √

Excess (Deficit) of Revenues Over Expenditures-PRIOR

TO OTHER FUNDING SOURCES AND TRANSFERS 149,440 (25,960) (175,400)

Other Financing Sources (Uses):

Transfer to EMS 0% $ (149,440) $ - 149,440

Audited Fund Balance-September 30, 2010 $ - 3,832,414 (25,960)

√ √ √

Unaudited Fund Balance-September, 2011 $ 3,806,454

-

ASSIGNED FUND BALANCE- Drilling Bond (24,189)

COMMITTED FUND BALANCE - Disaster Contingency (227,382)

COMMITTED FUND BALANCE- Designated for Tree

Replacement (135,885)

COMMITTED FUND BALANCE-ISO Consultant (15,000)

UNASSIGNED FUND BALANCE--September 30, 2011 -

(unaudited & subject to change) $ - $ 3,403,998

√ √

**New Classifications for Fund Balance per GASB 54- effective On or Before July 1, 2010.

Definitions-

~Assigned Fund Balance - Intended use established by highest level of decision making, established by body designated for that purpose

and intended use established by official designated for that purpose

~Committed Fund Balance- Limitation imposed at highest level of decision making that requires formal action at the same level to remove

~Unassigned Fund Balance- (residual net resources)- Total fund balance in general fund in excess of nonspendable, restricted, committed, and

assigned fund balance (i.e., surplus) Excess of nonspendable, restsricted, and committed fund balance (i.e., deficit)

** NOTE- Only the General Fund, as the principal operating fund of the government, can report a positive amount of unassigned fund balance.

M Young 10-18-2011

SPECIAL

REVENUE FUNDSTOTAL ALL FUNDS

GENERAL FUND DEBT SERVICE

FUND

CAPITAL

PROJECTS

FUND

VEHICLE

REPLACEMENT

FUND

MUNICIPAL

DRAINAGE

UTILITY FUND

EMERGENCY

MEDICAL

SERVICES

(See Itemization

Next Page)

CONSOLIDATED

FUNDS

REVENUE

Property Tax $ 2,621,763 $ 630,668 $ 3,252,430

Sales Tax $ 3,451,868 - $ 3,451,868

Franchise and Local Tax (2 Quarters Reflected ) $ 719,187 $ 719,187

Hotel Taxes (2 Quarters Reflected) $ 17,481 $ 17,481

Licenses & Permits $ 268,451 $ 268,451

Court Fines and Forfeitures $ 720,558 43,265 $ 763,823

Charges for Services $ 1,052,392 - $ 1,052,392

Investment Revenue $ 38,288 330 3,038 - $ 41,656

Miscellaneous Income $ 4,734 $ 4,734

Other Fees $ 28,977 $ 28,977

Library Fines and Fees $ 11,979 $ 11,979

Transfer In from DEDC $ 170,711 75,123 84,204 $ 330,038

WCID #1 Contribution $ - 75,000 $ 75,000

Transfer in from TAN $ - 47,260 $ 47,260

Transfer in from DMD #1-Contractual $ 205,407 76,253 69,592 $ 351,252

Operating Transfer In-PID #1 $ 15,000 $ 15,000

EMPG Grant $ 32,000 $ 32,000

Auto Crimes Task Force $ 24,786 $ 24,786

Transfer In from Seized Funds -Radios $ 15,000 $ 15,000

Transfer in from Seized Funds- Training $ 10,000 $ 10,000

Transfer in from Drilling Bond Reserve- $ 80,603 $ 80,603

Transfer In from Seized Funds -L/E Vehicles 41,000 $ 41,000

Drainage Assessments - 352,617 $ 352,617

EMS Revenue- 563,189 $ 563,189

Household Hazardous Waste Event $ 128,627 - $ 128,627

Law Enforcement (Awarded Seized Funds) 126,971 $ 126,971

Law Enforcement ( Seized Funds) 5,309 $ 5,309

Library Lone Star Grant $ 6,208 - $ 6,208

VOCA Grant - City Match 9,534 $ 9,534

VOCA Grant 38,135 $ 38,135

CDBG Disaster Recovery- Round 1 1,840,232 $ 1,840,232

Transfer from Seized Funds- EOC Trailer $ 13,500 $ 13,500

Transfer from VERF- RESERVE $ 82,363 $ 82,363

Transfer from Linebarger Prior Year Reserves $ 12,814 $ 12,814

Transfer in from Seized Funds- K-9 Unit $ 2,538 $ 2,538

GOVERNMENT FUNDS ENTERPRISE FUNDS

CITY OF DICKINSON

FY 2011 STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE

AS OF September 31, 2011 (UNAUDITED)

1 3 10/19/2011 9:45 AMM Young

SPECIAL



FUND

CAPITAL

PROJECTS

FUND

VEHICLE

REPLACEMENT

FUND

MUNICIPAL

DRAINAGE

UTILITY FUND

EMERGENCY

MEDICAL

SERVICES

(See Itemization

Next Page)

CONSOLIDATED

FUNDS


CITY OF DICKINSON



Transfer in from EMS Reserve 32,152 $ 32,152

Transfer in from Bond Proceeds Law Enforcement $ 22,791 - $ 22,791

Transfer in from Designated- LE 48,441 $ 48,441

Unexpended Fund Balance FY 2010 $ 49,685

Transfer in from Unexpended- MHz Radios 84,267 $ 84,267

TOTAL REVENUES $ 9,807,711 781,121 134,501 282,113 352,617 632,781 2,063,445 14,054,289

√ √ √ √ √ √ √ √

EXPENDITURES

Administration $ 431,056 $ 4,234 $ 435,290

Finance $ 192,050 $ 192,050

Community Development $ 327,692 $ 327,692

Municipal Court $ 242,890 38,432 $ 281,322

Law Enforcement $ 3,589,024 34,751 88,778 - $ 3,712,553

Public Safety $ 232,313 $ 232,313

Emergency Management $ 95,313 $ 95,313

Public Works $ 582,055 3,735 $ 585,790

Information Technology $ 246,170 $ 246,170

Library $ 265,322 4,494 $ 269,816

Tourism & Museum $ 71,132 $ 71,132

Sales Tax Payments to DEDC (One Months Behind) $ 1,028,251 $ 1,028,251

380 Grant Payments Paid (Two Months Behind) $ 1,219,816 $ 1,219,816

Land Acquisition $ 34,382 $ 34,382

Contractual Services $ 1,147,579 $ 1,147,579

Household Hazardous Waste Event $ 128,627 - $ 128,627

Principle & Interest Pmts 905,107 $ 905,107

Other Debt Service Expense 5,800 $ 5,800

Public Improvement District $ -

Capital Outlay -DEDC- Streets FY 2010 478,484 $ 478,484

Capital Outlay- DEDC & DMD Streets (2011) 23,236 $ 23,236

Capital Outlay-TAN - (Lovers Lane & Oakridge) 334,831 $ 334,831

Capital Outlay -DEDC- Streets FY 2011 34,949

Drainage Department 353,740 $ 353,740

Drainage Billing Services 22,054 $ 22,054

Emergency Medical Services 78,390 987,591 $ 1,065,981

Vehicle Acquisition- Seized Funds - K-9 Unit 44,973 $ 44,973

Transfer to General Fund 80,690 $ 80,690

2 3 10/19/2011 9:45 AMM Young

SPECIAL



FUND

CAPITAL

PROJECTS

FUND

VEHICLE

REPLACEMENT

FUND

MUNICIPAL

DRAINAGE

UTILITY FUND

EMERGENCY

MEDICAL

SERVICES

(See Itemization

Next Page)

CONSOLIDATED

FUNDS


CITY OF DICKINSON



VOCA Grant 51,081 $ 51,081

COPS Grant 55,063 $ 55,063

Awarded Seized Funds Expended 117,062 $ 117,062

FEMA- Hurricane IKE - $ -

CDBG Disaster Recovery- Round 1 1,766,077 $ 1,766,077

TOTAL EXPENDITURES $ 9,833,671 910,907 918,714 292,831 375,793 987,591 2,027,715 $ 15,347,222

√ √ √ √ √ √ √ √

Excess (Deficit) of Revenues Over Expenditures-PRIOR

TO OTHER FUNDING SOURCES AND TRANSFERS (25,960) (129,786) (784,213) (10,718) (23,176) (354,810) 35,731 $ (1,292,933)

Other Financing Sources (Uses):

Transfer to EMS- From Assigned Fund Balance- Reserve

for EMS $ - $ - $ - $ - - $ 13,000 $ - $ 13,000

Audited Fund Balance-9/30/2010 3,832,414 138,412 2,281,976 42,211 302,379 247,645 243,810 $ 7,088,847

Unaudited Fund Balance-Sept. 30, 2011 $ 3,806,454 $ 8,626 $ 1,497,763 $ 31,493 279,203 $ (94,165) $ 279,541 $ 5,808,914

ASSIGNED FUND BALANCE

Drilling Bond (24,189) $ (24,189)

COMMITTED FUND BALANCE

Disaster Contingency (227,382) $ (227,382)

Designated for Tree Replacement (135,885) $ (135,885)

Designated for ISO Consultant (15,000) $ (15,000)

Designated for Mitigation PDM Grant Program (12,500) $ (12,500)

UNASSIGNED FUND BALANCE-- Sept. 30, 2011

-(unaudited & subject to change) $ 3,403,998 $ 8,626 $ 1,497,763 $ 31,493 266,703 $ (94,165) $ 279,541 $ 5,393,958

3 3 10/19/2011 9:45 AMM Young

AWARDED SEIZED FUNDS

SEIZED FUNDS (NOT

AWARDED)

LEOSE TRAINING

BULLET PROOF VEST

JAG ACCOUNT VOCA GRANT COPS GRANT TOTAL L/E SPECIAL

REVENUE

REVENUE

Awarded State Seized Funds 25,179$ 25,179$ Awarded Federal Seized Funds 100,266$ 100,266$ Seized Funds 5,309$ 5,309$ Seized Vehicle- Auction Proceeds 1,525$ 1,525$ VOCA City Match 9,534$ 9,534$ VOCA Grant 38,135$ 38,135$ COPS Grant -$ -$

-$ TOTAL REVENUE 126,971$ 5,309$ -$ -$ -$ 47,669$ -$ 179,949$

EXPENDITURE

Awarded State Seized Expended 10,000$ 10,000$ Awarded Federal Seized -Expended 25,024$ 25,024$

Transfer to General Fund- Radios L/E $ 15,000 15,000$

Transfer to General Fund- Training- L/E $ 10,000 10,000$ Transfer- EOC Trailer $ 13,500 13,500$ Transfer - VERF-K-9 Unit $ 41,000 41,000$ Transfer- K-9 /Prisoner Support $ 2,538 2,538$ Transfer to Awarded Seized (Gambling) $ 25,179 25,179$ Law Enforcement- LEOSE Training $ 690 690$ VOCA Grant 51,081$ 51,081$ COPS Grant Salary & Benefits 55,063$ 55,063$

-$ TOTAL EXPENDITURE 117,062$ 25,179$ 690$ -$ -$ 51,081$ 55,063$ 249,075$

√

Excess (Deficit) of Revenue over Expenditures 9,909$ (19,870)$ (690)$ -$ -$ (3,412)$ (55,063)$ (69,126)$

Beginning Fund Balance 9-30-2010 99,860$ 27,226 1,838 3,745$ 2,922$ -$ -$ 135,591$

Unaudited FundBalance 9-30-2011 109,769$ 7,356$ 1,148$ 3,745$ 2,922$ (3,412)$ (55,063)$ 66,465$

Note- Quarterly Reports Not Completed as of 10-18-2011 See Note See Note

LAW ENFORCEMENT

SPECIAL REVENUE DETAIL SEPTEMBER 30, 2011

1

SECURITY FUND

EFFICIENCY FUND

TECHNOLOGY FUND

CHILD SAFETY

LEOSE FIRE MARSHALL TRAINING

TOTAL COURT

SPECIAL REVENUE

REVENUE

Court Security Fund Revenue 12,481$ 12,481$ Court Efficiency Fund Revenue 4,104$ 4,104$ Technology Fund Revenue 16,578$ 16,578$ Child Safety Fund Revenue -$ 7,520$ 7,520$ LEOSE-FM Training Revenue 2,582$ 2,582$

TOTAL REVENUE 12,481$ 4,104$ 16,578$ 7,520$ 2,582$ 43,265$

EXPENDITURES

Municipal Court-Security Fund 11,309$ 11,309$

Municipal Court- Efficiency Fund 3,508$ 3,508$ Municipal Court- Technology Fund 15,914$ 15,914$ Municipal Court- Child Safety Fund 7,701$ 7,701$ LEOSE-FM Training -$ -$

-$ TOTAL EXPENDITURES 11,309$ 3,508$ 15,914$ 7,701$ -$ 38,432$

Excess (Deficit) of Revenue over Expenditures 1,172$ 596$ 664$ (181)$ 2,582$ 4,833$

Beginning Fund Balance 9-30-2010 15,579$ 7,543 79,878 39,431$ 4,615$ 147,046$ √

Unaudited FundBalance 9-30-2011 16,751$ 8,139$ 80,542$ 39,250$ 7,197$ 151,879$

MUNICIPAL COURT

2

ALL OTHER SPECIAL REVENUE

RECOVERY GRANT ROUND

1

FEMA - HURRICANE

IKE

TOTAL ALL OTHER

REVENUE

CDBG Disaster Recovery -Round 1 1,840,232$ 1,840,232$ FEMA Hurricane IKE -$

TOTAL REVENUE 1,840,232$ -$ 1,840,232$

EXPENDITURESCDBG Disaster Recovery -Round 1 1,766,077$ 1,766,077$

FEMA Hurricane IKE -$ -$

TOTAL EXPENDITURES 1,766,077$ -$ 1,766,077$

Excess (Deficit) of Revenue over Expenditures 74,155$ -$ 74,155$

Beginning Fund Balance 9-30-2010 1,838 25,680$ 27,518$ √

Unaudited FundBalance 6-30-2011 75,993$ 25,680$ 101,673$

M Young 10/18/2011

3

ITEM 3 NOTES:________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Project ID Prioritization Project Name Project DescriptionHDR/C&M or

City Cost Estimate

HDR/C&M or City

Cumulative Cost

HNTB Cost Estimate

HNTB Cumulative

CostRanking

2060-GLV-W26 Gum Drive Lift Station Diesel/natural gas generator at Gum Drive Lift Station (7211 Blk 3) 162,500$ 162,500$ 162,500$ 162,500$

2059-GLV-W26Dickinson Avenue Lift

StationDiesel/natural gas generator at Dickinson Avenue Lift Station (7211) 162,500$ 325,000$ 279,220$ 441,720$

34th Street Sewer Rehabilitation Sewer relocation/restructuring on 34th Street $400,000 725,000$ 441,720$

Bayou Drive Sewer Rehabilitation Sewer relocation/restructuring on Bayou Drive $1,710,000 2,435,000$ 441,720$

Missouri/California Sewer Rehabilitation Sewer relocation/restructuring on Missouri/California $1,200,000 3,635,000$ 441,720$

Forest Cove Sewer Rehabilitation Sewer relocation/restructuring on Forest Cove $250,000 3,885,000$ 441,720$

Oleander/Anchor Sewer Rehabilitation Sewer relocation/restructuring on Oleander/Anchor $1,500,000 5,385,000$ 441,720$

45th & 46th Street Sewer Rehabilitation Sewer relocation/restructuring on 45th & 46th Street $2,000,000 7,385,000$ 441,720$

Hughes Road Force Main Replacement Phase 1 $500,000 7,885,000$ 441,720$

Yacht Club Sewer Rehabilitation Sewer relocation/restructuring on Yacht Club Drive $170,000 8,055,000$ 441,720$

Moore's Addition Sewer Rehabilitation Sewer relocation/restructuring at Moore's Addition $2,500,000 10,555,000$ 441,720$

Hughes Road Force Main Replacement Phase 2 $2,600,000 13,155,000$ 441,720$

FM 517 Sewer Rehabilitation Sewer relocation/restructuring on 45th & 46th Street $410,000 13,565,000$ 441,720$

City Hall Building Generator Diesel/natural gas generator for City Hall Building 13,565,000$ 441,720$

PROPOSED PROJECTS FOR ROUND 2.2 HURRICANE IKE CDBGAS OF OCTOBER 19, 2011

CDBG Round 2.2

Proposed Projects for Round 2.2 Hurricane Ike CDBG as of October 19, 2011Page 1

10/19/2011

Central Fire Staion Generator

Diesel/natural gas generator for Main Fire Station owned by Dickinson Volunteer Fire Department 13,565,000$ 441,720$

Public Works Facility Generator Diesel/natural gas generator for Public Works Facility 13,565,000$ 441,720$

Expansion of PD Building Expansion of City of Dickinson Police Department Building 13,565,000$ 441,720$ Hughes/Deats Lift Station

Generator Diesel/natural gas generator at Hughes/Deats Lift Station 13,565,000$ 441,720$ County Barn Lift Station

Generator Diesel/natural gas generator at County Barn Lift Station 13,565,000$ 441,720$

West Water Plant Generator Diesel/natural gas generator at West Water Plant 13,565,000$ 441,720$ Casa Grande Lift Station

Generator Diesel/natural gas generator at Casa Grande Lift Station 13,565,000$ 441,720$ Scenic Drive Lift Station

Generator Diesel/natural gas generator at Scenic Drive Lift Station 13,565,000$ 441,720$ Anchor Way Lift Station

Generator Diesel/natural gas generator at Anchor Way Lift Station 13,565,000$ 441,720$

1 Avenue G Phase 2 Drainage Improvements

Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines for Avenue G from 26th Street to 20th Street 13,565,000$ 441,720$ 35

2 Central Street Drainage Improvements

Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines for Central Street (7209 Blk 4 adjacent) 13,565,000$ 441,720$ 40

1916-GLV-T043 Pine Grove Drive Drainage

Improvements

Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines on Pine Grove Drive (7208 Blk 3) 130,000$ 13,695,000$ 441,720$ 40

4 Bayou Chantilly Subdivision Drainage Improvements

Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines at Bayou Chantilly Subdivision 732,500$ 14,427,500$ 732,500$ 1,174,220$

1914GLV-T045 Pine Manor Lane Drainage

Improvements

Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines on Pine Manor Lane (7209 Blk 4) 14,427,500$ 1,174,220$ 30

1911-GLV-T046 Manor Lane Drainage

Improvements

Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines on Manor Lane (7209 Blk 4) 613,200$ 15,688,940$ 613,200$ 2,435,660$ 45


10/19/2011

7 Oleander/Palm Drainage Improvements

Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines for Oleander/Palm from Highway 3 to Hughes Road 18,886,430$ 5,633,150$ 60/55

8 26th Street Drainage Improvements

Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines for 26th Street from Texas Avenue to California 648,240$ 15,075,740$ 648,240$ 1,822,460$ 35


Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines for 29th Street from Galveston to California 15,075,740$ 1,822,460$ 40

10 Ecret Drive Drainage Improvements

Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines for Ecret Drive 15,075,740$ 1,822,460$ 40

11 Avenue F Drainage Improvements

Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines for Avenue F from Deats Road to 20th Street 15,075,740$ 1,822,460$ 45

12 Gill Road Drainage Improvements

Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines for Gill Road from Rodeo Bend to Bess Road 15,075,740$ 1,822,460$ 45

3045-GLV-T0413 Greenbriar Street Drainage

Improvements

Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines for Greenbriar Street (7209) 15,075,740$ 1,822,460$ 45

14 Luhning Drive Drainage Improvements

Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines for Luhning Drive 460,900$ 16,149,840$ 460,900$ 2,896,560$ 45


Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines for 30th Street from FM 1266 to California 16,149,840$ 2,896,560$ 50

16 Ash Court Drainage Improvements

Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines for Ash Court 16,149,840$ 2,896,560$ 50

17 Leonetti Lane Drainage Improvements

Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines for Leonetti Lane 16,149,840$ 2,896,560$ 50

3047-GLV-T0418 Oak Drive Drainage

Improvements

Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines for Oak Drive (7209) 16,149,840$ 2,896,560$ 55


10/19/2011

19 32nd Street Drainage Improvements

Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines for 32nd Street from FM 1266 to California 2,414,340$ 18,564,180$ 2,414,340$ 5,310,900$ 55

1921-GLV-T0420 Sweeney Drive Drainage

Improvements

Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines for Sweeney Drive (7209 Blk 4 adjacent) 18,564,180$ 5,310,900$ 55

21 Oak Park Drainage Improvements

Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines for Oak Park from Highway 3 to Video Street 322,250$ 18,886,430$ 322,250$ 5,633,150$ 55

22 Plantation Bend Drainage Improvements

Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines for Plantation Bend 18,886,430$ 5,633,150$ 55

23 Avenue H Drainage Improvements

Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines for Avenue H from Falco Street to 20th Street 18,886,430$ 5,633,150$ 60

24 Colorado Avenue Drainage Improvements

Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines for Colorado from 27th Street to FM 517 18,886,430$ 5,633,150$ 60

25 Galveston Avenue Drainage Improvements

Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines for Galveston from 30th Street to FM 517 18,886,430$ 5,633,150$ 60






Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines for 46th Street from Nichols Avenue to Highway 3 18,886,430$ 5,633,150$ 60

29 Linninger Lane Drainage Improvements

Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines for Linninger Lane 18,886,430$ 5,633,150$ 60

30 Texas Avenue Drainage Improvements

Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines for Texas from 26th Street to FM 517 18,886,430$ 5,633,150$ 65


10/19/2011

3041-GLV-T0431 Wagon Road Drainage

Improvements

Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines for Wagon Road (7209) 18,886,430$ 5,633,150$ 65


Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines for 28th Street from Timber Drive to Highway 3 543,080$ 19,429,510$ 543,080$ 6,176,230$ 65

33 Bayou Bend Drive Drainage Improvements

Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines for Bayou Bend Drive 19,429,510$ 6,176,230$ 65

34 Mariners Morning Drainage Improvements

Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines for Mariners Morning 19,429,510$ 6,176,230$ 65

3049-GLV-T0435 Green Lee Lane Drainage

Improvements

Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines for Green Lee Lane (7209 19,429,510$ 6,176,230$ 70

36 Captains Drive Drainage Improvements

Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines for Captains Drive 512,370$ 19,941,880$ 512,370$ 6,688,600$ 70

37 Cottonwood Circle Drainage Improvements

Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines for Cottonwood Circle 19,941,880$ 6,688,600$ 70

3046-GLV-T0438 Colonial Drive Drainage

Improvements

Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines for Colonial Drive (7209) 19,941,880$ 6,688,600$ 75

39 Briarbrook Drive Drainage Improvements

Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines for Briarbrook Drive 1,586,810$ 21,528,690$ 1,586,810$ 8,275,410$ 75

40 Cemetery Road Drainage Improvements

Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines for Cemetery Road from FM 517 W to City Limits 21,528,690$ 8,275,410$ 80

41 Meadow Glenn Drive Drainage Improvements

Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines for Meadow Glenn Drive 21,528,690$ 8,275,410$ 85

42 St. Goar Drainage Improvements

Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines for St. Goar from Highway 3 to 46th Street 21,528,690$ 8,275,410$ 90


10/19/2011

1912-GLV-T0443 Maple Drive Drainage

Improvements

Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines for Maple Drive (7209 Blk 4) 545,080$ 22,073,770$ 545,080$ 8,820,490$ 95

44 Calvert Lane Drainage Improvements

Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines for Calvert Lane 22,073,770$ 8,820,490$

45 Starboard Road Drainage Improvements

Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines for Starboard Road 22,073,770$ 8,820,490$

46 Avenue L Drainage Improvements

Flood & drainage facilities with incidental relocation/restructuring of water and sewer lines for Avenue L 50

2010 Drainage Study Hot SpotDrought Related DamageWCID#1


10/19/2011

ITEM 4 NOTES:________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

ADJOURN TIME:_______________________________ MOTION:____________________________ SECOND:____________________________ VOTE_______________________________

Future Agenda Items Page 1 of 4

FUTURE CITY COUNCIL AGENDA ITEMS

November, 2011 11/08/2011 Special Council Workshop

o City Administrator’s Briefing o Briefing, Discussion and Direction Regarding Proposed Senior

Development o Presentation by Galveston County Health District Regarding Animal

Services

Regular Council Meeting o Update on Hurricane Ike CDBG Grant Projects o Update on Public Works Projects o Update on Activities of Dickinson Economic Development

Corporation o Cancellation of Second Meeting in November and December due to

Thanksgiving and Christmas Holidays o Appointments/Reappointments to Boards and Commissions o Presentation to and Public Hearing Before City Council on FHAST

Form and Revised Long-Term Plan for Affirmatively Furthering Fair Housing

o Approval of FHAST Form and Revised Long-Term Plan for Affirmatively Furthering Fair Housing by City Council

o Approval of submission of Application for Round 2.2 Disaster Recovery CDBG Program by City Council

o Second Reading of Ordinance Revising Floodplain Regulations o Second Reading of Ordinance on SUP for Beer and Wine for

Chapala Mexican Restaurant o Second Reading of Ordinance Adopting Definitions for Tattoo

Parlors, Body Piercing Parlors and Tobacco-Related Retail and Requiring an SUP for Such Uses

o Approval of new Internet Use Policy for Dickinson Public Library December, 2011 12/13/2011 Special Council Workshop

o City Administrator’s Briefing

Regular Council Meeting o Update on Hurricane Ike CDBG Grant Projects o Update on Public Works Projects o Update on Dickinson Bayou Watershed Committee Meeting o Update on Activities of Dickinson Economic Development

Corporation


o Update on Highway 3 Overlay District o Update on Dickinson Bayou Watershed Steering Committee

Meeting o Action to Establish Official Position with Regard to Proposed Senior

Development o Amendment to Pay Classification Chart in Personnel Manual to

Include New Positions and Pay Ranges Adopted in FY 11-12 Budget

o Amendment of Financial Policies Related to Fund Balance

January, 2012 01/10/2012 Special Council Workshop

o City Administrator’s Briefing o Briefing Regarding Preliminary Floodplain Map Developed by

FEMA and Potential Impacts to Dickinson Residents and Businesses

o


Corporation o Review and Revision of City’s Investment Policy

01/24/2012 Special Council Workshop

o Quarterly Financial and Investment Reports for 1st Fiscal Quarter

Regular Council Meeting o Update on Hurricane Ike CDBG Grant Projects o Update on Public Works Projects o Update on Dickinson Bayou Watershed Committee Meeting o Update on Highway 3 Overlay District

February, 2012 02/14/2012 Special Council Workshop


Regular Council Meeting o Update on Hurricane Ike CDBG Grant Projects o Update on Public Works Projects


o Update on Activities of Dickinson Economic Development Corporation

o 02/28/2012 Special Council Workshop

o Regular Council Meeting

o Update on Hurricane Ike CDBG Grant Projects o Update on Public Works Projects o Update on Highway 3 Overlay District

March, 2012 03/13/2012 Special Council Meeting



Corporation o Presentation of FY 2010-2011 Audit

03/27/2012 Special Council Meeting


o Update on Hurricane Ike CDBG Grant Projects o Update on Public Works Projects o Update on Dickinson Bayou Watershed Steering Committee

Meeting o Update on Highway 3 Overlay District

April, 2012 04/10/2012 Special Council Meeting

o City Administrator’s Briefing Regular Council Meeting


o Fair Housing Month Proclamation and Publication o

04/24/2012 Special Council Meeting


o Update on Hurricane Ike CDBG Grant Projects o Update on Public Works Projects o Update on Dickinson Bayou Watershed Steering Committee

Meeting o Update on Highway 3 Overlay District

SEPTEMBER 2011

GENERAL LEDGER REPORT

REGULAR COUNCIL MEETING


AGENDA City of Dickinson CITY COUNCIL

REGULAR MEETING

Kerry Neves



____________________________________________________________________________________ October 25, 2011 Regular Council Meeting Page 1 of 4

October 25, 2011 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 25, 2011, 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: 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 Minutes of Special Council Workshop of October 11, 2011 B. Approval of Minutes of Regular Council Meeting of October 11, 2011 C. Approval of Resolution Number XXX-2011 - A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING AN AGREEMENT OR LEASE OF A FULLY EQUIPPED AND MARKED POLICE MOTORCYCLE BY AND BETWEEN THE CITY OF DICKINSON, TEXAS (LESSEE OR “CITY”), AND OREN DONALDSON (LESSOR) FOR FISCAL YEAR 2011-2012; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; PROVIDING FOR INCORPORATION OF PREMISES; AND PROVIDING AN EFFECTIVE DATE.

D. Award of Competitive Sealed Bid #1209-02 for Two 2012 Ford Explorers (4 Door with Front-Wheel Drive Base) to David Self Ford In An Amount Not to Exceed $42,172.00.


OLD BUSINESS

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

Public Works Projects

A. Lovers Lane Reconstruction Project B. Owens Drive Reconstruction Project (Galveston County Bond Program) C. Timber Drive and Elm Street Reconstruction Projects D. Tropical Gardens Flood and Drainage Project


Hurricane Ike CDBG Grant Projects

NEW BUSINESS

ITEM 7.) PUBLIC HEARING: Concerning A Request for Specific Use Permit for the Sale of Beer and Wine at the Chapala Restaurant Which Is Located in the Neighborhood Commercial (“NC”) Zoning District, Legally Described as Abstract 60, E P Epperson, Reserve A, Plantation Estates, Galveston County, Texas, and Generally Located South of FM 517 East Between Meadow Glen Drive and Plantation Bend Street With The Address Being 5202 FM 517 East, Suite A.

A. Presentation of Proposed Specific Use Permit for Beer and Wine. B. Those In Favor. C. Those Against. D. Adjourn Public Hearing.

ITEM 8.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ordinance

Number XXX-2011 – AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, ORDINANCE NUMBER 420-2001, AS HERETOFORE AMENDED, TO GRANT SPECIFIC USE PERMIT NUMBER SUP-11-0986 SO AS TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES (BEER AND WINE) ON 0.359 ACRES LEGALLY DESCRIBED AS ABSTRACT 60, E P EPPERSON, RESERVE A, PLANTATION ESTATES, GALVESTON COUNTY, TEXAS, GENERALLY LOCATED SOUTH OF FM 517 EAST, BETWEEN MEADOW GLEN DRIVE AND PLANTATION BEND STREET WITH THE ADDRESS BEING 5202 FM 517 EAST, SUITE A, (CHAPALA RESTAURANT), IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS; DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION HEREOF; AND PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (First of Three Readings)


ITEM 9.) PUBLIC HEARING: Concerning An Amendment to Section 18-11,

Definitions Of Terms And Phrases, Of Article II, Definitions, Of Chapter 18, Zoning, Of The Code Of Ordinances To Add Definitions For “Tattoo Parlor/Studio,” “Piercing Parlor/Studio,” And “Tobacco Oriented Uses”; Revising Section 18-58, Uses Requiring Specific Use Permit, Of Article V, Specific Uses, Of Chapter 18, Zoning, Of The Code Of Ordinances To Require That Tattoo Parlors/Studios, Piercing Parlors/Studios And Tobacco Oriented Uses In General Commercial And General Industrial Zoning Districts Must Obtain A Specific Use Permit.

A. Presentation of Proposed Amendments to the Zoning Ordinance B. Those In Favor. C. Those Against. D. Adjourn Public Hearing.


Number XXX-2011 – AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, AMENDING SECTION 18-11, DEFINITIONS OF TERMS AND PHRASES, OF ARTICLE II, DEFINITIONS, OF CHAPTER 18, ZONING, OF THE CODE OF ORDINANCES TO ADD DEFINITIONS FOR “TATTOO PARLOR/STUDIO,” “PIERCING PARLOR/STUDIO,” AND “TOBACCO ORIENTED USES”; REVISING SECTION 18-58, USES REQUIRING SPECIFIC USE PERMIT, OF ARTICLE V, SPECIFIC USES, OF CHAPTER 18, ZONING, OF THE CODE OF ORDINANCES TO REQUIRE THAT TATTOO PARLORS/STUDIOS, PIERCING PARLORS/STUDIOS AND TOBACCO ORIENTED USES IN GENERAL COMMERCIAL AND GENERAL INDUSTRIAL ZONING DISTRICTS MUST OBTAIN A SPECIFIC USE PERMIT; PROVIDING FOR THE INCORPORATION OF PREAMBLE; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION HEREOF; AND PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (First of Three Readings)


Number XXX-2011 – AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, REPEALING ORDINANCE NUMBER 509-2003, CODIFIED AS ARTICLE V, FLOOD HAZARD AREAS, OF CHAPTER 14, PLANNING AND DEVELOPMENT, OF THE CODE OF ORDINANCES OF THE CITY OF DICKINSON; PROVIDING FOR THE INCORPORATION OF A PREAMBLE; ADOPTING A NEW ARTICLE V, FLOOD HAZARD AREAS, OF CHAPTER 14, PLANNING AND DEVELOPMENT, OF THE CODE OF ORDINANCE TO ESTABLISH REGULATIONS FOR FLOOD HAZARD AREAS; PROVIDING A REPEALER CLAUSE, A SEVERABILITY


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

ITEM 12.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Rejecting

All Bids Received for Competitive Sealed Bid #1209-01 for One (1) Full-Size New 2012 Police Package Sports Utility Vehicle.

ITEM 13.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Rejecting

All Bids Received for Competitive Sealed Bid #1209-03 for One (1) New 2012 Full-Sized ½ Ton Extended Cab Pickup Truck.

ITEM 14.) 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.

1. Cause No. 11-CV-0805; City of Dickinson, Texas v. Purushottam

H. Patel, et al; In the 212th District Court of Galveston County, Texas

ITEM 15.) RECONVENE ITEM 16.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Matters

discussed in Executive Session. ITEM 17.) ADJOURN

CERTIFICATION This is to certify that a copy of the Notice of the Regular City Council meeting for TUESDAY, October 25, 2011, was posted on the bulletin board at City Hall, 4403 Highway 3, Texas, on this the 20th day of October , 2011, prior to 6:00 p.m. __ ____/s/ Carolyn E. Anderson ______ 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.

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 25, 2011 Regular Meeting MAYOR/COUNCIL PRESENT ABSENT MAYOR JULIE MASTERS _______ _______

POS. 1: COUNCILMAN CHARLES SUDERMAN _______ _______

POS. 2: COUNCILWOMAN MARY DUNBAUGH _______ _______

POS. 3: COUNCILMAN WALTER WILSON _______ _______

POS. 4: COUNCILMAN KERRY NEVES _______ _______

POS. 5: COUNCILMAN LOUIS DECKER _______ _______

POS. 6: COUNCILMAN WILLIAM KING _______ _______

MAKE NOTE ON RECORDING: THE FOLLOWING ALSO ARE IN ATTENDANCE: ATTORNEY, Loren B. Smith _______ _______

CITY ADMINISTRATOR, Julie M. Johnston _______ _______

CITY SECRETARY, Carolyn E. Anderson _______ _______

___________________________________ _______ _______

___________________________________ _______ _______

___________________________________ _______ _______

___________________________________ _______ _______

PROCLAMATIONS AND ANNOUNCEMENTS NOTES:_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

PUBLIC COMMENTS NOTES:_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

ITEM 4A NOTES:________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________


MINUTES City of Dickinson CITY COUNCIL

SPECIAL WORKSHOP MEETING

Kerry Neves



October 11, 2011 Council Workshop Minutes Page 1 of 3

October 11, 2011 The Dickinson City Council met in a duly called and announced SPECIAL WORKSHOP MEETING on October 11, 2011. The meeting was held in the City Council Chambers located at 4403 Highway 3, Dickinson, Galveston County, Texas, and was held for the purpose of considering the following items: ITEM 1.) CALL TO ORDER AND CERTIFICATION OF A QUORUM

Mayor Masters called the meeting to order at 6:02 p.m. City Secretary Carolyn Anderson called roll and certified a quorum. Council Members present were as follows: Mayor Julie Masters, Mayor Pro Tem Walter Wilson and Council Members Charles Suderman, Mary Dunbaugh, Kerry Neves, Louis Decker. Councilman King arrived at 6:19 p.m. Also present were City Administrator Julie Johnston, Fire Marshal Norman Hicks, Public Works Director Kellis George, Finance Director Mary Young, and Chief Building Official Kevin Byal. Chief Ron Morales arrived at 6:29 p.m.

ITEM 2.) BRIEFING AND DISCUSSION CONCERNING: Discussion and Direction Concerning Proposed Electronic Marquee Signage for the City and the Water District.

City Administrator Julie Johnston and Fire Marshal Norman Hicks presented

a site plan for the City Hall Complex to the Council reflecting the locations and verbiage of various directional signs to be erected throughout the Complex. There was general discussion and approval concerning such directional signage.

The Council continued its discussion of the design elements of the proposed electronic marquee signs to be located on Highway 3 and FM 517. With regard to the electronic marquee sign to be located on Highway 3, it was the consensus of the Council to proceed with obtaining an estimate for a sign to be placed horizontally where it was originally identified on the City Hall construction plans with a 4’ x 9’ double-sided electronic screen size to be framed with brick that matches the City Hall brick and utilizes a capstone on top that reflects “City Hall Complex” and an address inset underneath the electronic screen. With regard to the electronic marquee sign to be located on FM 517, it was the consensus of the Council to proceed with obtaining estimates for a sign to be placed horizontally just west of the entrance to the parking lot located


in front of the WCID#1 office as was identified by the portable marquee sign for purposes of the meeting with two possible double-sided electronic screen sizes: 4’ x 6’ and 5’ x 6’. It was further the consensus of the Council to frame the electronic screen with brick that matches the City Hall brick and utilizes a capstone on top that reflects a title to be selected by WCID#1 and an address inset underneath the electronic screen. Council also requested that staff obtain information concerning the amount of text that will be achievable using different size fonts on the screens.

ITEM 3.) BRIEFING AND DISCUSSION CONCERNING: Review of Projects to be

Submitted for Disaster Relief CDBG Program Round 2.2. City Administrator Julie Johnston provided the Council with an overview of

the spreadsheets that were provided in the Council’s packet reflecting the Round 1 and 2.1 projects that had already been undertaken and/or approved by the General Land Office. She also reviewed the list of potential projects to be submitted with the Round 2.2 Disaster Relief CDBG application that is due by December 9, 2011. Ms. Johnston advised the Council that the list of projects had been provided to WCID #1 for its review. A general discussion followed concerning the prioritization of the various projects identified. Mayor Masters asked that Avenue L be added to the list. It was the consensus of the Council for staff to go back through the list of projects and identify any of the projects that have had issues related to the drought and were also identified as hot spots in the 2010 Comprehensive Drainage Study. For any such projects, it was the consensus of the Council to move them up in priority on the project list. Ms. Johnston indicated that staff would undertake a review of the projects as directed and bring a revised project list back to the Council on October 25, 2011.

ITEM 4.) ADJOURN

Councilman Wilson made a motion to adjourn the meeting at 6:35 p.m. Councilman Decker seconded the motion.

VOTE: 6 AYES (Suderman, Dunbaugh, Wilson, Neves, Decker and King) 0 NAYS MOTION PASSED.

PASSED, APPROVED AND ADOPTED this the 25th day of October, 2011. __________________________________ Julie Masters, Mayor


ATTEST: __________________________________ Carolyn E. Anderson, City Secretary

ITEM 4B NOTES:________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________


MINUTES City of Dickinson CITY COUNCIL

REGULAR MEETING

Kerry Neves



October 11, 2011 Regular Council Minutes Page 1 of 7

October 11, 2011 The Dickinson City Council met in a duly called and announced REGULAR MEETING on TUESDAY, October 11, 2011. The meeting was held in the City Council Chambers located at 4403 Highway 3, Dickinson, Galveston County, Texas, and was held for the purpose of considering the following items: ITEM 1.) CALL TO ORDER AND CERTIFICATION OF A QUORUM Invocation and Pledge of Allegiance

Mayor Julie Masters called the meeting to order at 7:00 p.m. Kevin Byal gave the Invocation and Carolyn Anderson led the Pledge of Allegiance. City Secretary Carolyn Anderson called roll and certified a quorum. Council Members present were as follows: Mayor Julie Masters, Mayor Pro Tem Walter Wilson and Council Members Charles Suderman, Mary Dunbaugh, Kerry Neves, Louis Decker and William King. Also present were City Attorney, Loren Smith, City Administrator Julie Johnston, Police Chief Ron Morales, Finance Director Mary Young, Public Works Director Kellis George, and Chief Building Official Kevin Byal.

ITEM 2.) PROCLAMATIONS AND COUNCIL COMMENTS: Council commented on the following topics:

• Welcome to everyone present and thanks for coming • Attendance at National Night Out on October 4th. • Thanks to all City Staff • Welcome to Students in attendance from the Civics Class • This Sunday Shrine of True Cross Festival • Festival of Lights moving along – thanks to Mike Liggio for helping to

move buildings • Reminder that Festival of Lights will start the Saturday after

Thanksgiving • Volunteers needed every Saturday and Sunday – lunch provided on

Saturdays • Congratulations to the First United Methodist Church on the opening

of their new church facility • Dickinson Historical Society reception on October 22nd at 6:00 p.m. • Festival of Lights crew cut down 51 trees - thanks to community for

their help • Welcome Pastor of First Baptist Church

October 11, 2011 Regular Council Meeting Minutes Page 2 of 7

• Tropical Gardens Community grateful to City and thanks to Ms. Johnston and her staff

• TML this week at George R. Brown Convention Center • Thanks to Mayor Masters as new President of TML Region 14 • Condolences to the family of Freddie Morgan • Condolences to the Benoist family • Dickinson Gators homecoming parade Wednesday, October 11

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.

John Overton and Pastor Richard Robeson of First Baptist Church in

Dickinson – They have met with several churches to come together to unite in prayer for the City of Dickinson. Contact has also been made with civic leaders and business leaders in the community. Pastor Robeson shared that a big difference can be made in the community through the heart of prayer.

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 Minutes of Special Council Workshop of September 27,

2011. B. Approval of Minutes of Regular Council Meeting of September 27, 2011. C. Approval of Resolution Number 1224-2011 – A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING JANITORIAL SERVICE AGREEMENT BY AND BETWEEN THE CITY OF DICKINSON, TEXAS, AND ULTRA JANITORIAL SERVICES INC.; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; PROVIDING FOR INCORPORATION OF PREMISES; AND PROVIDING AN EFFECTIVE DATE.

D. Approval of Resolution Number 1211-2011 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, JOINING SOUTHEAST TEXAS COOPERATIVE PURCHASING ORGANIZATION AND APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL COOPERATIVE PURCHASING LETTER OF COMMITMENT BY AND BETWEEN THE CITY OF DICKINSON, TEXAS AND SOUTHEAST TEXAS COOPERATIVE PURCHASING ORGANIZATION; PROVIDING FOR THE INCORPORATION OF PREAMBLE; AUTHORIZING EXECUTION OF THE LETTER OF


COMMITMENT BY THE CITY ADMINISTRATOR; AND PROVIDING AN EFFECTIVE DATE.

Councilman Wilson made a motion to approve the consent agenda. Councilman King seconded the motion. VOTE: 6 AYES (Suderman, Dunbaugh, Wilson, Neves, Decker and King) 0 NAYS MOTION PASSED.

OLD BUSINESS


Public Works Projects

A. Hughes Road Reconstruction Project B. Owens Drive

Public Works Director Kellis George and City Administrator gave an update on the various Public Works projects.


Hurricane Ike CDBG Grant Projects City Administrator Julie Johnston gave a brief update on the Hurricane Ike

CDBG projects and the projected timeline for the Round 2.2 Method of Distribution development and application submission.


Activities of Dickinson Economic Development Corporation. City Administrator Julie Johnston gave a brief update on the Dickinson

Economic Development Corporation meeting. Councilwoman Dunbaugh commented on the excellent news releases about the Shop In Dickinson Program launched last week.

ITEM 8.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ratification

of Corrected Ordinance Number 728-2011 - AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, APPROVING THE 2011 AD VALOREM TAX (DEBT) RATE AND LEVY OF $0.07551 PER HUNDRED DOLLARS OF ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY AND APPROVING THE 2011 AD VALOREM TAX (MAINTENANCE AND OPERATION) RATE AND LEVY OF $0.3331 PER HUNDRED DOLLARS OF ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY; PROVIDING FOR THE ASSESSMENT, LEVY AND


COLLECTION OF AD VALOREM TAXES OF THE CITY OF DICKINSON, TEXAS, FOR THE YEAR 2011 AND FOR EACH YEAR THEREAFTER UNTIL OTHERWISE PROVIDED; PROVIDING THE DATE ON WHICH SUCH TAXES SHALL BE DUE AND PAYABLE; PROVIDING FOR PENALTY AND INTEREST ON ALL TAXES NOT TIMELY PAID; AUTHORIZING EXEMPTIONS; AND PROVIDING A REPEALER CLAUSE AND AN EFFECTIVE DATE. (First and Final Reading)

Mayor Masters read the ordinance by caption only. Councilman Suderman made a motion to approve Corrected Ordinance Number 728-2011. Councilwoman Dunbaugh seconded the motion. VOTE: 5 AYES (Suderman, Dunbaugh, Wilson, Neves, and King) 1 NAY (Decker) MOTION PASSED.


Number 731-2011 –AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, ORDINANCE NUMBER 420-2001, AS HERETOFORE AMENDED, TO GRANT SPECIFIC USE PERMIT NUMBER 11-0629 (SUP-11-0629) SO AS TO ALLOW THE USE OF A GENERAL MERCHANDISE STORE, INCLUDING DEPARTMENT AND VARIETY STORES, BUT NOT GREATER THAN 10,000 SQUARE FEET IN GROSS BUILDING FLOOR AREA ON ±1.553 ACRES OF LAND ON RESERVE A (COMMERCIAL), AMENDING PLAT OF BAYOU VILLAGE, PLAT NO. 2004A, MAP NO. 139; GCMR IN THE PERRY & AUSTIN LEAGUE, ABSTRACT 19, CITY OF DICKINSON, GALVESTON COUNTY, TEXAS, GENERALLY LOCATED SOUTH OF FM 517 WEST AND EAST OF ARMAND DR. WITH THE ADDRESS OF 408 FM 517 WEST, IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS; DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION HEREOF; AND PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Second of Three Readings)

Mayor Masters read the ordinance by caption only and then allowed for additional comments by citizens. The following citizens provided comments on the agenda item: Wally Deats, 3723 Rau Drive, Dickinson, Texas, stated that he is opposed to the Dollar General proposed site and the use of special use permits. He asked that at least two Council Members consider changing their vote and vote against the ordinance.


David McDaniel, 3736 Almond Drive, Dickinson, Texas, stated that he is the president of the Homeowners Association. Mr. McDaniel shared that he is in concurrence with Mr. Deats. He asked that Council consider if they are representing the citizens of Dickinson or representing commercial interests and to reconsider the approval of the Dollar General Store. John Harris, 3711 Rau Drive, Dickinson, Texas, voiced strong opposition to the approval of the Dollar General store. He stated that the neighbors that he had canvassed also shared his concern. Mayor Masters called for the vote. Councilman Decker made a motion to approve Ordinance Number 731-2011 in two readings. Councilman Neves seconded the motion. A general discussion by Council members followed. VOTE: 4 AYES (Suderman, Neves, Decker and King) 2 NAYS Dunbaugh and Wilson MOTION PASSED.

NEW BUSINESS

ITEM 10.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Briefing,

Discussion and Direction Regarding Revised Recommendations and Project Estimate for Briarglen/Thornwood Drainage Project.

City Administrator Julie Johnston introduced John Peterson from

HDR/Claunch & Miller to review his revised recommendations for completing the Briarglen/Thornwood Drainage Project. Mr. Peterson proposed the use of interlocking revetment blocking instead of a fully-lined concrete ditch. Councilman Wilson asked questions concerning the use of a mixed application that included piping as was previously discussed with Rich Gallegos of HDR/Claunch & Miller. After further discussion, Ms. Johnston indicated that Mr. Peterson and Mr. George would discuss the previous recommendations from Mr. Gallegos and this item would be brought back to Council.

ITEM 11.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Approval of

Resolution Number 1225-2011 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING AN AGREEMENT FOR LEASE OF A FULLY EQUIPPED AND MARKED POLICE MOTORCYCLE BY AND BETWEEN THE CITY OF DICKINSON, TEXAS (LESSEE OR “CITY”), AND WAYNE STEWART (LESSOR) FOR FISCAL YEAR 2011-2012; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; PROVIDING FOR INCORPORATION OF PREMISES; AND PROVIDING AN EFFECTIVE DATE.


Mayor Masters read the resolution by caption only. Councilman Decker made a motion to approve Resolution Number 1225-2011 utilizing the corrected Lease Agreement. Councilman Suderman seconded the motion. VOTE: 6 AYES (Suderman, Dunbaugh, Wilson, Neves, Decker and King) 0 NAYS MOTION PASSED.

ITEM 12.) 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.

1. Cause No. 11-CV-0805; City of Dickinson, Texas v. Purushottam

H. Patel, et al; In the 212th District Court of Galveston County, Texas.

Mayor Masters recessed the meeting into Executive Session at 8:16 p.m.

ITEM 13.) RECONVENE Mayor Masters reconvened the meeting at 8:32. ITEM 14.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Matters

discussed in Executive Session. No action was taken on matters discussed in Executive Session. ITEM 15.) ADJOURN

Councilman Suderman made a motion to adjourn the meeting at 8:32 p.m. Councilman King seconded the motion.

VOTE: 6 AYES (Suderman, Dunbaugh, Wilson, Neves, Decker and King) 0 NAYS MOTION PASSED.


PASSED, APPROVED AND ADOPTED this the 25th day of October, 2011. __________________________________ Julie Masters, Mayor ATTEST: __________________________________ Carolyn E. Anderson, City Secretary

ITEM 4C NOTES:________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

CITY OF DICKINSON, TEXAS – RESOLUTION NUMBER XXX-2011 Page Solo

RESOLUTION NUMBER XXX-2011

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING AN AGREEMENT FOR LEASE OF A FULLY EQUIPPED AND MARKED POLICE MOTORCYCLE BY AND BETWEEN THE CITY OF DICKINSON, TEXAS (LESSEE OR “CITY”), AND OREN DONALDSON (LESSOR) FOR FISCAL YEAR 2011-2012; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; PROVIDING FOR INCORPORATION OF PREMISES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Dickinson has determined that it is in the best interests of the City of Dickinson and its citizens to lease the use of a fully equipped and marked police motorcycle; and WHEREAS, the City Council has been presented a proposed Lease Agreement for Police Motorcycle by and between the City of Dickinson, Texas, and Oren Donaldson (hereinafter called “Agreement”) for Fiscal Year 2011-2012, 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 Agreement should be approved and the Mayor should be authorized to execute the Agreement and all documents related thereto on behalf of 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 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, is hereby approved and the Mayor is authorized to execute the Agreement and all documents related thereto on behalf of the City. Section 3. This Resolution shall become effective immediately upon its passage. DULY PASSED AND APPROVED on this the _____ day of October, 2011. _________________________________ Julie Masters, Mayor City of Dickinson, Texas ATTEST: ______________________________ Carolyn E. Anderson, City Secretary City of Dickinson, Texas APPROVED AS TO FORM AND CONTENT: _______________________________ Loren B. Smith, City Attorney City of Dickinson, Texas

EXHIBIT “A”

TO

RESOLUTION XXX-2011

_____________________________________________________________________ CITY OF DICKINSON LEASE AGREEMENT FOR POLICE MOTORCYCLE Page 1

CITY OF DICKINSON LEASE AGREEMENT FOR POLICE MOTORCYCLE

This Lease Agreement (“Agreement”) is entered into by and between Oren Donaldson (“Lessor”) and the City of Dickinson, Texas (“Lessee” or the “City”), for the purposes and in accordance with the following terms and conditions: 1. The Lessor shall furnish and use, at the Lessor’s own cost and expense, the following: a. One fully equipped and marked ST 1300 Honda police

motorcycle sufficient to perform police patrol functions (hereinafter the “Motorcycle”), to be approved by the Chief of Police in writing. In the event that Lessor changes the police motorcycle to be used under this Lease Agreement, a new Lease Agreement that sufficiently identifies the police motorcycle to be utilized must be executed; and

b. All maintenance, parts, mechanisms, and devices required

to keep the Motorcycle in good working order and for safe and presentable service.

2. The City agrees to install the City-issued global positioning satellite, radio,

and radar equipment on the Motorcycle at the City’s expense; provided, however, that if the Lessor sells or changes the Motorcycle within two (2) years of the date of installation of the equipment described herein, the Lessor agrees to have the equipment removed and installed on another vehicle at Lessor’s sole cost and expense.

3. The City shall maintain at all times during the Lease term, at its expense, public liability, collision, and property damage insurance with respect to the Motorcycle in such amounts, covering such risks, and with such insurers as shall be maintained by the City for other similar equipment owned or leased by the City to cover damage to the Motorcycle and the City and the Lessor against possible liability claims that may arise from on-duty use of the Motorcycle.

4. The Lessor shall maintain at all times during the Lease term, at his sole

expense, public liability, collision, and property damage insurance with respect to the Motorcycle in such amounts as is required by state law. The Lessor must provide proof of such insurance to the City prior to or at the time of execution of this Agreement. 5. The Lessor agrees to use the Motorcycle in a careful manner and only in accordance with the use contemplated by the manufacturer of same. The Lessor shall comply with all laws, ordinances, insurance policies, and regulations relating to the possession, use, operation, and maintenance of the Motorcycle. 6. In exchange for 160 hours per month of use of the Motorcycle by Lessor within the City during Lessor’s on-duty schedule as a Dickinson Police Officer, the City

_____________________________________________________________________ CITY OF DICKINSON LEASE AGREEMENT FOR POLICE MOTORCYCLE Page 2

shall pay to the Lessor a lease payment of $650.00 per month. Such Motorcycle patrol use shall be scheduled by the Chief of Police of the City, or his designated representative, and approved by the City Administrator of the City. The Lessee will provide the Lessor monetary reimbursements in an amount not to exceed one hundred sixty and no/100 dollars ($160.00) per month for fuel used in the Motorcycle in the course of duty during regularly scheduled work hours. 7. In the event that Lessor is unable to utilize the Motorcycle to perform police patrol functions as a Dickinson Police Officer for more than two (2) consecutive shifts for any reason other than the failure of City-owned equipment, the lease payment established in Section 6 above shall be pro-rated based upon the actual number of hours of use of the Motorcycle per month during Lessor’s on-duty schedule as a Dickinson Police Officer. In the event that Lessor is unable to utilize the Motorcycle to perform police patrol functions as a Dickinson Police Officer due to the failure of City-owned equipment, the monthly lease payment established in Section 6 above shall continue to be paid by Lessee to Lessor. 8. Lessor shall not have any privileges that are not afforded to all other Dickinson Police Officers.

9. This Lease Agreement shall become effective upon the date of execution hereof by Lessor and Lessee, whichever last occurs, and will continue until September 30, 2012, unless earlier terminated as expressly provided for herein. 10. The City may terminate this Lease Agreement at any time during the term hereof by providing written notification to the Lessor of such termination. Such notification of termination shall be made by the Chief of Police of the City, or his designated representative. Upon termination of this Lease Agreement, the Lessor agrees to immediately return to the City any and all equipment provided by the City to Lessor. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the ____ day of October, 2011. LESSEE: LESSOR: CITY OF DICKINSON, TEXAS Julie Masters, Mayor Oren Donaldson ATTEST: Carolyn E. Anderson, City Secretary

ITEM 4D NOTES:________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

i.

CITY OF DICKINSON INVITATION TO BID The City of Dickinson is soliciting sealed bids for the City to purchase (2) new, 2012, Mid-size Sports Utility Vehicles. The vehicles should have a V-6, 3.5 cubic inch or larger fuel injected engine and automatic overdrive transmission. (See Specifications, page 6.) The City of Dickinson reserves the right to reject any and all bids. Inquiries about this bid should be directed to Captain Melvin Mason, (281) 337-4700, ext. 301. Designate on the front, lower, left-hand corner of your response envelope, the following:

Competitive Sealed Bid #1209-02

Subject: Two (2) New 2012 Mid-Size Sports Utility Vehicles

Bid Closing Time: Monday, October 3, 2011 at 10:00 a.m. For your convenience at bid opening, enter quote on this Cover Page and include in Sealed Response Envelope (do not place quoted prices on the outside of the envelope):

Total Cost: $ (Also, enter amount in “Authority to Quote” Section)

ii.

TABLE OF CONTENTS

DESCRIPTION PAGE NO. Invitation to Bid ......................................................................................... Cover Page Instructions to Bidders ............................................................................. 1. Specifications .......................................................................................… 6. Authority to Quote ................................................................................... 8. References, Attachment I ....................................................................… 9. Insurance Requirements, Attachment II ...............................................… 10. Insurance Affidavit (Confirmation), Attachment III ..............................….. 13.

1.

INSTRUCTIONS TO BIDDERS 1. BID SUBMISSION ADDRESS AND DEADLINE

Completed bids will be received in the Office of the City Secretary, City Hall, 4403 Highway 3, Dickinson, Texas 77539 until the bid submission deadline (October 3, 2011 at 10:00am) as stated on the cover page. Bid responses received after the closing time and date will be returned to the sender unopened.

If you do not wish to bid at this time, but wish remain on the bid list for this service

or commodity, please submit a “No Bid” by the same time and date at the same location as stated for bidding. If you wish to be removed from the bid list, or changed to the bid list for another commodity, please advise us in writing. 2. SIGNATURES

All bid responses are required to be signed by an authorized representative of the bidding entity. Bid responses received unsigned will not be considered. 3. DEVIATIONS BETWEEN BID SPECIFICATIONS AND DELIVERED ITEM(S)

Prior to acceptance of the quoted commodity, the City reserves the right to perform a visual inspection and physical demonstration to verify compliance with all bid specifications and operational requirements. Should the commodity fail to meet the specifications of the bid, the successful Bidder agrees that the City may elect to do any one of the following:

A. Reject the bid and void the purchase as to any and all items so bid.

B. Require specific performance by the successful Bidder at no additional cost to the City.

C. Deduct the manufacturer’s list cost of the missing equipment and/or options

plus $500 per unit delivered and accept the item delivered. 4. SAMPLES

Samples of items, when required, must be furnished free, and if the Bidder has not requested the return of the samples within 30 days from the bid opening date, the samples may be disposed of by the City. 5. ALTERING BIDS

Bids cannot be altered, amended or withdrawn by the Bidder after the bid-opening deadline. Any interlineations, alteration, or erasure made before this deadline, must be initialed by the signer of the bid, guaranteeing authenticity.

2.

6. BID WITHDRAWAL OR REJECTION

The City reserves the right to withdraw the request for bids for any reason or to reject any or all bids or parts of all of any specific bid or bids. The City further reserves the right to accept part or all of any specific bid or bids, and to accept any bid or bids with or without trade-in. 7. LATE BIDS

The City of Dickinson is not responsible for lateness or non-delivery of mail, carrier, etc. to the City, and the time and date recorded in the Street Department shall be the official time of receipt.

8. PRICES HELD FIRM

All prices quoted by the Bidder will remain firm for a minimum of 90 days from the date of the bid unless otherwise specified by the City or Bidder. 9. EXCESS OR INCORRECT COMMODITIES

Materials delivered in error or in excess of the quantity ordered may, at the Purchaser’s option, be returned at the successful Bidder’s expense. 10. PACKING, CRATING, AND CARTAGE

The cost of all special packing, boxing, crating, or cartage shall be included in the pricing specified on the response unless otherwise specifically stated in the City‘s request. All packing, crating, or other debris resulting from the deliver or set-up of the commodity purchased shall be removed and properly disposed of by the successful Bidder. 11. DESTINATION CHARGES

All products offered shall be bid F.O.B., final destination, with all delivery charges to be prepaid by the Bidder. The City does not accept C.O.D. or collect shipments.

All deliveries are to be made to the following address:

City of Dickinson - Police Department 4000 Liggio St Dickinson, Texas 77539

The successful Bidder shall notify Captain Melvin Mason 24 hours prior to delivery at (281) 337-4700, ext. 301.

12. TITLE/RISK OF LOSS

The title and risk of loss of the goods shall not pass to the City until the City actually receives, takes possession, and accepts the goods at the point of delivery.

3.

13. IDENTICAL BIDS In the event of two or more identical low bids, the contract will be awarded as

prescribed by chapter 271, Subchapter Z, Section 271.901 of Vernon’s Texas Codes Annotated. 14. DELIVERY DATE

A delivery completion date is to be provided by the Bidder unless otherwise stated in the City’s specification. This date may, where time is of the essence, determine the contract award. Fees for delay in the amount of $50 per day may be assessed beginning on the first day following the maximum delivery time as promised by the successful Bidder. 15. DEVIATION FROM SPECIFICATIONS

Any deviation from specifications and alternate bids must be clearly shown with complete information provided by the Bidder. They may or may not be considered by the City. 16. UNIT PRICES AND EXTENSIONS

If unit prices and their extensions do not coincide, the City may accept the bid for the lesser amount. 17. WARRANTY

Guarantees and warranties should be attached as a part of the bid as they may be a consideration in awarding the contract. 18. TERMINATION OF CONTRACT TO PURCHASE

The City reserves the right to terminate the Purchase Order with ten (10) days written notice if the successful Bidder fails to perform in a manner deemed acceptable to the City. 19. PRICE DECLINE

Should there be a decline in the market price of commodities provided during this contract, then the City shall have the benefit of such decline. 20. ASSIGNMENT

The successful Bidder’s rights and duties awarded by the contract may not be assigned to another without written consent of the City signed by the City’s authorized agent. Such consent shall not relieve the assigner of the liability in the

event of default by the assignee. 21. BID AMBIGUITY

Any ambiguity in the bid as a result of omission, error, lack of clarity or non- compliance by the Bidder with specifications, instructions, and all conditions of bidding shall be construed in the favor of the City.

4.

22. 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 and shall not be effective unless signed by an authorized representative of the City.

23. MODIFICATIONS AND AMENDMENTS

The City shall have the right to modify the specifications prior to the bid submission deadline and will endeavor to notify all potential Bidders that have received a copy of the bid specifications, but failure to notify shall impose no obligation or liability on the City. 24. LIENS

The successful bidder agrees to and shall indemnify and save harmless the City against any and all liens and encumbrances for all labor, goods and services which may be provided under the City’s request, by seller or seller’s vendor(s) and if the City requests, a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City. 25. PATENT INDEMNITY

The successful Bidder hereby warrants that the use or sale of the products and materials delivered hereunder will not infringe on the rights of any patent, copyright, or registered trademark, covering materials and the successful Bidder agrees to indemnify and hold harmless the City for any and all costs, expenses, judgments, and damages which the City may have to pay or incur. 26. GRATUITIES/BRIBES

The City may, by written notice to the successful Bidder, cancel this contract without liability to the Bidder if it is determined by the City that gratuities or bribes in the form of entertainment, gifts, or otherwise, were offered or given by the successful Bidder, or its agent or representative to any City officer, employee, or elected representative with respect to the performance of the contract. In addition, the successful Bidder may be subject to penalties stated in Title 8 of the Texas Penal Code. 27. RESPONSE FORM TO BE USED

The bid quote must be submitted on the form provided. 28. SPECIAL TOOLS

In the event that special tools are required for routine maintenance or to provide access to compartment areas, the Bidder shall furnish these tools at no cost to the City. 29. OPERATIONAL MANUALS

If requested by the City, the Bidder shall provide a complete set of operational instructions and descriptive literature for the proper evaluation of the product quoted.

5.

30. MATERIAL SAFETY DATA SHEETS (MSDS)

Each bid shall include a MSDS for the product quoted, if applicable. 31. EMPLOYEE TRAINING

The successful Bidder shall provide on-site (or classroom, if applicable) instruction to the designated City employee(s) as required to safely operate and maintain the item purchased. This instruction shall be at no additional cost to the City. 32. PAYMENT

Payment to the successful Bidder will be as a lump sum payment after satisfactory receipt of the product, as determined by the City, and receipt of invoice or other billing instrument used by the successful Bidder. The City is exempt from Federal Excise and State Sales Tax; therefore, tax must not be included in the bid price.

All prices quoted shall include all charges, including delivery and set-up fees.

33. TITLE OF VEHICLE

Upon receipt of vehicle, the Seller shall deliver the title to this vehicle, in the name of the City of Dickinson, to the City Secretary’s office or approved personnel upon the approval of the Chief of Police.

34. REFERENCES Each Bidder is to provide a minimum of two (2) verifiable references in which the

Bidder has sold and maintained this or a similar product. List the reference on Attachment I.

For clarification of these specifications call Captain Melvin Mason at (281) 337-4700, ext. 301.

6.

SPECIFICATIONS Unless otherwise stated, all specifications listed are minimum Check to confirm that requirements. product quoted meets specifications. 1. Two (2) Mid-size 2011 Sports Utility Vehicles (i.e., Explorer, Escape, Trailblazer,

Durango) ______________ 2. Engine Size: 3.5, V-6, Fuel Injection ______________ 3. 5 Passenger Seating (Cloth) Front Bucket Seats ______________ 4. Heavy Duty Floor Covering (Carpet) ______________ 5. 4 x 2 wheel drive ______________ 6. Automatic Overdrive Transmission ______________ 7. Map Lamp Header ______________ 8. Power Windows/Door Locks ______________

9. 15 x 7.0 Cast Aluminum Wheels ______________

10. Keyless Entry w/ Security System & Keyfob ______________

11. Heavy Duty Front & Rear Springs; Front and Rear Stabilizer Bars ______________

12. AM/FM Stereo & Single CD Player ______________

13. Color: Clearcoat Metallic or Equivalent ______________

7.

SPECIFICATIONS - CONTINUED:

List additional standard equipment:

1. _____________________________________________________

2. _____________________________________________________

3. _____________________________________________________

4. _____________________________________________________

5. _____________________________________________________

6. _____________________________________________________

7. _____________________________________________________

8. _____________________________________________________

List Extended Warranty Information:

1. Power Train Warranty $ _______________________

2. Base Care Warranty $ _______________________

3. Extra Care Warranty $ _______________________

4. Premium Care Warranty $ _______________________

5. Other Warranty(ies) $ _______________________

$ _______________________

8.

AUTHORITY TO QUOTE

I agree to meet the stated minimum requirements and the listed standard additional equipment as set forth in these specifications and any documents attached for one (1) Police Package Vehicle. Make: Model: ________________________ Year: Total Bid Price: $________________ (ALSO INCLUDE TOTAL BID PRICE ON COVER PAGE) BIDDER/COMPANY NAME: AUTHORIZED REPRESENTATIVE: SIGNED: TITLE: ADDRESS: CITY, STATE, & ZIP: TELEPHONE: ( ) FAX: ( ) EST. DELIVERY DAYS AFTER RECEIPT OF PURCHASE ORDER: DATE: STANDARD WARRANTY INCLUDED IN THE TOTAL PRICE ABOVE (PLEASE DESCRIBE INCLUDING DEDUCTIBLE AMOUNT TO BE PAID FOR EACH REPAIR): NOTES: Standard equipment is required on all items not specified. All Federal safety requirements must be met on delivery. Be sure to include with your bid the Insurance Requirement Affidavit Form completed by your insurance agent/broker.

If additional space is needed, please attach extra sheet.

9.

ATTACHMENT I REFERENCES Each Bidder is to provide a minimum of two (2) verifiable references in which the Bidder has sold and maintained this or a similar product. Company Name: Address: Contact Person: Telephone: ( ) Product Purchased by Reference: Company Name: Address: Contact Person: Telephone: ( ) Product Purchased by Reference: Company Name: Address: Contact Person: Telephone: ( ) Product Purchased by Reference:

10.

ATTACHMENT II INSURANCE SECTION A. Prior to the approval of this contract by the City, the successful Bidder shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. INSURANCE COVERAGE REQUIRED SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the successful Bidder. SECTION C. Subject to the successful Bidder’s right to maintain reasonable deductibles in such amounts as are approved by the City, the successful Bidder shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at the successful Bidder’s sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s):

TYPE AMOUNT 1. Worker’s Compensation Statutory

Employers Liability $100,000/500,000/100,000 2. Commercial General (public) Liability

insurance, including coverage for the following:

a. Premises Operations b. Independent Contractors Combined single limit for bodily

c. Products/Completed Operations Injury and property damage of d. Personal Injury $500,000 per occurrence or its

e. Advertising Injury equal. f. Contractual Liability

g. Medical Payments

11.

ADDITIONAL POLICY ENDORSEMENTS The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the successful Bidder shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. REQUIRED PROVISIONS The successful Bidder agrees that with the respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions:

a. Name the City of Dickinson and its officers, employees, and elected representatives as additional insureds (as the interest of each insured may appear) as to all applicable coverages.

b. Provide for 30 days notice to The City for cancellation, nonrenewal, or

material change; 10 days notice for worker’s compensation coverage.

Remove all language on the certificate of insurance indicating that the insurance company or agent/broker will endeavor to notify the City, but failure to do so shall impose no obligation or liability of any kind upon the company, its agents, or representatives.

c. All copies of the certificates of insurance shall reference the project name or

bid number for which the insurance is being supplied.

d. The successful Bidder agrees to waive subrogation against the City of Dickinson, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance.

e. Provide that all provisions of this agreement concerning liability, duty, and

standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies.

f. For coverages that are only available with claims made policies, the required

period of coverage will be determined by the following formula: Continuous coverage for the life of the contract, plus one year (to provide coverage for the warranty period) and an extended discovery period for a minimum of 5 years which shall begin at the end of the warranty period.

12.

NOTICES The successful Bidder shall notify the City in the event of any change in coverage and shall give notice not less than 30 days prior to the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address:

Captain Melvin Mason City of Dickinson 4403 Highway 3 Dickinson, Texas 77539

SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the successful Bidder shall not relieve the successful Bidder of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the successful Bidder from liability.

13.

ATTACHMENT III CITY OF DICKINSON INSURANCE REQUIREMENT AFFIDAVIT

* To be completed by Appropriate Insurance Agent/Broker * I, the undersigned Agent/Broker, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Vendor. If the below identified Vendor is awarded this contract by the City of Dickinson, I will be able to, within ten (10) days after being notified of such award, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. Agent (Signature) Agent (Print) Name of Agent/Broker: Address of Agent/Broker: City/State/Zip: Agent Telephone #: ( ) Date: Vendor’s Name: (Print or Type)

* NOTE TO AGENT/BROKER * If this time requirement is not met, the City has the right to reject this bid/proposal and award the contract to another. If you have any questions concerning these requirements, please contact Captain Melvin Mason at (281) 337-4700 ext. 301.

bids\pdvehicl.bid

CITY OF DICKINSON BID TABULATION SHEET

October 3, 2011 Bid Opening Date:

Bids closed at 10:00 A.M., on the 3rd day of October, 2011. Present at the bid opening were: Captain Melvin Mason and City Secretary Carolyn E. Anderson. Bids were opened by Captain Mason, and were as follows:

Bid No. Vendor/ Bidder’s Name

Bid Amount Comments Time

1209-02

McRee Ford

$24,023.15

2012 Explorer SUV

10:06am

1209-02

David Self Ford

$21,086.00

2012 Explorer SUV

10:08am

1209-02

Grapevine Dodge

$24,421.00

2012 Dodge Durango

10:10am

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______________________________________________________________________________ CITY OF DICKINSON, TEXAS – ORDINANCE NUMBER XXX-2011 Page 1 of 3

ORDINANCE NUMBER XXX-2011

AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, ORDINANCE NUMBER 420-2001, AS HERETOFORE AMENDED, TO GRANT SPECIFIC USE PERMIT NUMBER SUP-11-0986 SO AS TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES (BEER AND WINE) ON 0.359 ACRES LEGALLY DESCRIBED AS ABSTRACT 60, E P EPPERSON, RESERVE A, PLANTATION ESTATES, GALVESTON COUNTY, TEXAS, GENERALLY LOCATED SOUTH OF FM 517 EAST, BETWEEN MEADOW GLEN DRIVE AND PLANTATION BEND STREET WITH THE ADDRESS BEING 5202 FM 517 EAST, SUITE A, (CHAPALA RESTAURANT), IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS; DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION HEREOF; AND PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.

WHEREAS, Jose and Juanita Herrera (the “Tenants”) are the tenants of ±0.359 acres, legally described as Abstract 60, E P Epperson, Reserve A, Plantation Estates, Galveston County, Texas, generally located south of FM 517 East, between Meadow Glen Drive and Plantation Bend Street with the address being 5202 FM 517 East, Suite A, (CHAPALA RESTAURANT) (the “Property”); and WHEREAS, the Property presently has a zoning classification of Neighborhood Commercial (NC) under Ordinance No. 420-2001, the City's Comprehensive Zoning Ordinance; and WHEREAS, the Tenant has made application to the City for an additional Specific Use Permit (SUP) for said Property to allow the sale of alcoholic beverages (beer and wine) as authorized by the City’s Zoning Ordinance; and WHEREAS, the City Secretary of Dickinson, Texas, directed that notices of a hearing be issued, as required by the Zoning Ordinance of the City of Dickinson and laws of the State of Texas, at a meeting of the City Council, to be held on 25th day of October, 2011, for the purpose of considering a Specific Use Permit (SUP) to allow the sale of alcoholic beverages (beer and wine); and WHEREAS, the City Secretary of the said City accordingly caused to be issued and published the notices required by its Zoning Ordinance and laws of the State of Texas applicable thereto, the same having been published in a paper of general circulation in the City of Dickinson, Texas, at least fifteen (15) days prior to the time set for such hearing; and


WHEREAS, the City Council of said City, pursuant to such notice, held its public hearing and heard all persons wishing to be heard both for and against the aforesaid change in the Zoning Ordinance, on the 25th day of October, 2011; and WHEREAS, the City Council is of the opinion and finds that the granting of the Specific Use Permit (SUP) to allow the sale of alcoholic beverages (beer and wine) described herein would not be detrimental to the public health, safety, or general welfare, and will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Dickinson, and as well, the owners and occupants thereof, and the City generally.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, THAT:

Section 1. The facts and matters set forth in the preamble of this Ordinance are hereby found to be true and correct. Section 2. The Comprehensive Zoning Ordinance Number 420-2001, as the same has been heretofore amended, is hereby further amended so as to grant Specific Use Permit number SUP-11-0986 allowing the sale of alcoholic beverages (beer and wine) on 0.359 acres legally described as Abstract 60, E P Epperson, Reserve A, Plantation Estates, Galveston County, Texas, generally located south of FM 517 East, between Meadow Glen Drive and Plantation Bend Street more commonly know as 5202 FM 517 East, Suite A, (CHAPALA RESTAURANT), in the City of Dickinson, Galveston County, Texas, presently zoned Neighborhood Commercial (NC). Section 3. It is directed that the official zoning map of the City of Dickinson, adopted on the 24th day of July, 2001, by Ordinance No. 420-2001, shall be revised and amended to reflect the Specific Use Permit (SUP) granted by this Ordinance, with the appropriate reference thereon to the number and effective date of this Ordinance and a brief description of the nature of the change. Section 4

. All provisions of the ordinances of the City of Dickinson in conflict with the provisions of this Ordinance are hereby repealed, and all other provisions of the Ordinances of the City of Dickinson not in conflict with the provisions of this Ordinance shall remain in full force and effect.

Section 5

. The repeal of any ordinance or part of ordinances effectuated by the enactment of this Ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this Ordinance.

Section 6. Any person who shall intentionally, knowingly, recklessly or with criminal negligence violate any provision contained in this Ordinance, or who shall commit


or perform any act declared herein to be unlawful, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount of not more than two thousand dollars ($2,000.00). Each day a violation continues shall constitute a separate offense.

Section 7. In the event any clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Dickinson, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts.

DULY PASSED AND APPROVED on first reading this the _____ day of _________________, 2011. DULY PASSED AND APPROVED on second reading this _____ day of ____________________, 2011. DULY PASSED, APPROVED, AND ADOPTED on third and final reading this ___day of _______________________, 2011.

________________________________ Julie Masters, Mayor City of Dickinson, Texas

ATTEST: ___________________________________ Carolyn E. Anderson, City Secretary City of Dickinson, Texas APPROVED AS TO FORM AND CONTENT: ___________________________________ Loren B. Smith, City Attorney City of Dickinson, Texas

PUBLIC HEARING

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TAB 10



AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, AMENDING SECTION 18-11, DEFINITIONS OF TERMS AND PHRASES, OF ARTICLE II, DEFINITIONS, OF CHAPTER 18, ZONING, OF THE CODE OF ORDINANCES TO ADD DEFINITIONS FOR “TATTOO PARLOR/STUDIO,” “PIERCING PARLOR/STUDIO,” AND “TOBACCO ORIENTED USES”; REVISING SECTION 18-58, USES REQUIRING SPECIFIC USE PERMIT, OF ARTICLE V, SPECIFIC USES, OF CHAPTER 18, ZONING, OF THE CODE OF ORDINANCES TO REQUIRE THAT TATTOO PARLORS/STUDIOS, PIERCING PARLORS/STUDIOS AND TOBACCO ORIENTED USES IN GENERAL COMMERCIAL AND GENERAL INDUSTRIAL ZONING DISTRICTS MUST OBTAIN A SPECIFIC USE PERMIT; PROVIDING FOR THE INCORPORATION OF PREAMBLE; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION HEREOF; AND PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.

WHEREAS, the City Council finds that it is in the best interest of the health, safety, and welfare of the citizens of the City of Dickinson to regulate the location of tattoo parlors/studios, piercing parlors/studios and tobacco oriented uses by use of Specific Use Permit (SUP); and WHEREAS, the City Council is of the opinion and finds that the regulations contained in this Ordinance are in the best interest of the health, safety, and welfare of the Citizens;


Section 1. The facts and matters set forth in the preamble of this Ordinance are hereby found to be true and correct. Section 2. Section 18-11, Definitions, of Article II, Definitions, of Chapter 18, Zoning, of the Code of Ordinances of the City of Dickinson, Texas, is hereby amended by the addition of the following definitions of “tattoo parlor/studio,” “piercing parlor/studio” and “tobacco oriented uses”: “Tattoo Parlor/Studio shall mean a business wherein permanent or semi-permanent markings, brands, body art, and/or tattoos are placed on the skin by a tattoo artist. A tattoo parlor or studio is an exclusive use and does not permit the application of Permanent Cosmetics. Unless otherwise expressly stated herein and for the purpose of regulating tattoo studios, such words, terms and definitions shall have the meaning indicated in Chapter 146 of the Texas Health and Safety Code, as amended, and Title 25, Texas Administrative Code, §§229.401 – 229.413, as amended. Owners and


employees of such businesses shall comply with all of said provisions thereof, as amended. “Body Piercing Parlor/Studio shall mean a business wherein body piercing is performed. This term does not include an establishment that pierces the earlobe only. Unless otherwise expressly stated herein and for the purpose of regulating body piercing studios, such words, terms and definitions shall have the meaning indicated in Chapter 146 of the Texas Health and Safety Code, as amended, and Title 25, Texas Administrative Code, §§229.401 – 229.413, as amended. Owners and employees of such businesses shall comply with all of said provisions thereof, as amended.”

“Tobacco Oriented Uses means a commercial establishment with less than 10,000 square feet of total area, where the sale, display or use of tobacco and/or tobacco related products accounts for 10% or greater of the floor area or display area, or 30% or more of gross sales receipts, or any commercial establishment declaring itself through name or advertising to be oriented specifically to the selling or use of tobacco or tobacco related products.”

Section 3. Section 18-58, Uses Requiring Specific Use Permit, of Article V, Specific Uses, of Chapter 18, Zoning, of the Code of Ordinances of the City of Dickinson, Texas, is hereby revised to read as follows: “Sec. 18-58. Uses requiring specific use permit. In addition to the certificates of zoning compliance called for in this chapter, a specific use permit shall be required before the following specific uses can be permitted within the district specified:

Use Permitted Districts Airport, landing field, or landing strip for aircraft, including helipads and landing areas for other types of aircraft

All Districts

Automotive sales, new or used, leasing, service and repair shops, including auto bodywork shops

GC

Bars NC, GC Bed and breakfasts RR, CR Boat/RV storage, sales, leasing and service establishments

GC, GI

Body Piercing Parlor/Studio GC, GI Car, Truck and RV washing facilities GC Cement/concrete plant GI Child day care centers NC Churches All Districts Circus or carnival grounds, but not within three hundred (300’) of any residential district or use

NC, GC, GI

Community Center DOS


Correctional institutions or facilities (public or private) GC, GI Dance Halls NC, GC Flea market GC Gamerooms GC Golf courses RR, CR, SR, HR, MH Group day care homes RR, CR Group homes, as defined in Article II, Definitions RR, CR, SR, HR, MH Livestock facilities and operations RR, GI Mini-warehouses GC, GI Nightclubs NC, GC Nonprofit recreational facilities (other than private recreational facilities permitted by use in RR, CR, SR, HR, and MH)

RR, CR, SR, HR, MH

Parking lots DOS Radio, television, telephone or communication broadcast tower or station of any type, subject to Chapter 16.5, Telecommunication Towers, of the Dickinson Code of Ordinances

RR, GC, GI

Restaurants that serve alcohol NC Recreational vehicle parks GC Registered family homes CR Salvage yards, junk yards, vehicle storage facilities or similar operations

GI

Schools, public or private All Districts Sexually oriented businesses GC Slaughterhouses, rendering operations, or other similar operations

GI

Swimming pool DOS Tattoo Parlor/Studio GC, GI Tobacco Oriented Uses GC, GI Section 4

. All provisions of the ordinances of the City of Dickinson in conflict with the provisions of this Ordinance are hereby repealed, and all other provisions of the Ordinances of the City of Dickinson not in conflict with the provisions of this Ordinance shall remain in full force and effect.

Section 5

. The repeal of any ordinance or part of ordinances effectuated by the enactment of this Ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this Ordinance.

Section 6. Any person who shall intentionally, knowingly, recklessly or with criminal negligence violate any provision contained in this Ordinance, or who shall commit


or perform any act declared herein to be unlawful, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount of not less than one dollar ($1.00) and not more than two thousand dollars ($2,000.00). Each day a violation continues shall constitute a separate offense.

Section 7. In the event any clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Dickinson, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts.

DULY PASSED AND APPROVED on first reading this the _____ day of _________________, 2011. DULY PASSED AND APPROVED on second reading this _____ day of ____________________, 2011. DULY PASSED, APPROVED, AND ADOPTED on third and final reading this ___day of _______________________, 2011.

________________________________ Julie Masters, Mayor City of Dickinson, Texas

ATTEST: ___________________________________ Carolyn E. Anderson, City Secretary City of Dickinson, Texas APPROVED AS TO FORM AND CONTENT: ___________________________________ Loren B. Smith, City Attorney City of Dickinson, Texas

TAB 11

______________________________________________________________________ CITY OF DICKINSON, TEXAS – ORDINANCE NUMBER XXX-2011 Page 1 of 20


AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, REPEALING ORDINANCE NUMBER 509-2003, CODIFIED AS ARTICLE V, FLOOD HAZARD AREAS, OF CHAPTER 14, PLANNING AND DEVELOPMENT, OF THE CODE OF ORDINANCES OF THE CITY OF DICKINSON; PROVIDING FOR THE INCORPORATION OF A PREAMBLE; ADOPTING A NEW ARTICLE V, FLOOD HAZARD AREAS, OF CHAPTER 14, PLANNING AND DEVELOPMENT, OF THE CODE OF ORDINANCE TO ESTABLISH REGULATIONS FOR FLOOD HAZARD AREAS; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City of Dickinson, Texas, is a home rule city having authority to utilize police power regulations for the health, safety and welfare of the citizens of the City; and WHEREAS, on January 13, 2004, by Ordinance Number 509-2003, the City of Dickinson adopted regulations applicable to flood hazard areas within the City, and such Ordinance was codified as Article V, Flood Hazard Areas, of Chapter 14, Planning and Development, of the Code of Ordinances of the City of Dickinson; and WHEREAS, in order to meet the needs created by new development in the City it is necessary to adopt revised engineering standards and practices governing the design and construction of drainage facilities; and

WHEREAS, the City Council of the City of Dickinson has determined that Appendix “B,” Drainage Criteria, of the Code of Ordinances should be deleted and a new Appendix “B,” Drainage Criteria, establishing revised design standards for use in the preparation of drainage plans within the City should be adopted.


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. Ordinance Number 509-2003, duly passed and approved by the City Council of the City of Dickinson, Texas, on January 13, 2004, and codified as Article V, Flood Hazard Areas, of Chapter 14, Planning and Development, of the Code of Ordinances of the City of Dickinson, is hereby repealed in its entirety.

Section 3. Chapter 14, Planning and Development, of the Code of Ordinances

of the City of Dickinson is hereby amended by the adoption of a new Article V, Flood Hazard Areas, to read in its entirety as follows:


“ARTICLE V. FLOOD HAZARD AREAS

DIVISION 1. GENERALLY

Sec. 14-101. Definitions.

Unless specifically defined below, words or phrases used in this article shall be interpreted to give them the meaning they have in common usage and to give this article its most reasonable application.

Appeal means a request for a review of the floodplain administrator's interpretation of any provision of this article or a request for a variance.

Area of shallow flooding means a designated AO, AH, or VO zone on the flood insurance rate map (FIRM) with a one (1) percent chance or greater annual chance of flooding to an average depth of one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of special flood hazard means the land in the floodplain subject to a one (1) percent or greater chance of flooding in any given year. The area may be designated as zone A on the flood hazard boundary map (FHBM). After detailed ratemaking has been completed in preparation for publication of the FIRM, zone A may be refined into zones A, AE, AH, AO, AI-99, VO, VI-30, YE or V on the FIRM.

Base flood means the flood having a one (1) percent chance of being equaled or exceeded in any given year.

Basement means any area of the building having its floor sub-grade (below ground level) on all sides.

Building. See structure.

Development means any manmade change in improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

Elevated building means a non-basement building built, in the case of a building in zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case of a building in zones VI-30, YE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the floor of the water; and adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, elevated building also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In the case of zones VI-30, VE, or V, elevated building also includes a building otherwise meeting the definition of elevated


building, even though the lower area is enclosed by means of breakaway walls if the breakaway walls meet the standards of Section 60.3(e)(5) of the National Flood Insurance Program Regulations.

Encroachment means the advance or infringement of uses, plant growth, fill, excavation, buildings or development into a floodplain that may impede or alter the flow capacity of a floodplain.

Existing construction means for the purposes of determining rates, structures for which the start of construction commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. Existing construction may also be referred to as existing structures.

Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by the city.

Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1) The overflow of inland or tidal waters. (2) The unusual and rapid accumulation or runoff of surface waters from any

source. Flood insurance rate map (FIRM) means an official map of the city, on which the

FEMA has delineated both the areas of special flood hazards and the risk premium zones applicable to the city.

Flood insurance study means the official report provided by the FEMA. The report contains flood profiles, water surface elevation of the base flood, as well as the flood hazard boundary/floodway maps.

Floodplain or flood-prone area means any land area susceptible to being inundated by water from any source (see definition of flood).

Floodplain administrator means the chief building official or his or her designee.

Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to


emergency preparedness plans, flood control works and floodplain management regulations.

Floodplain management regulations means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other application of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

Flood proofing means any combination of structural and non-structural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Flood protection system means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within the city subject to a special flood hazard and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, Levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.

Floodway (regulatory floodway) means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

Functionally dependent use means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities and port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

Highest adjacent grade (HAG) means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure means any structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by the department of interior) or preliminary determined by the secretary of the interior as meeting the requirements for individual listing on the national register;

(2) Certified or preliminarily determined by the secretary of the interior as

contributing to the historical significance of a registered historic district or a


district or a district preliminarily determined by the secretary to qualify as a registered historic district;

(3) Individually listed on a state inventory of historic places in states with

historic preservation programs which have been approved by the secretary of interior; or

(4) Individually listed on a local inventory or historic places in communities

with historic preservation programs that have been certified either: a. by an approved state program as determined by the secretary of

the interior or; b. directly by the secretary of the interior in states without approved

programs.

Levee means a manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

Lowest floor means the lowest floor of the lowest enclosed area {including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a Basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood Insurance Program Regulations.

Manufactured home means a structure transportable in one or more sections that is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term manufactured home does not include a recreational vehicle. For floodplain management purposes the term manufactured home also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes the term manufactured home does not include park trailers, travel trailers, and other similar vehicles.

Manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the city (January 1, 1975). Manufactured home park or subdivision includes a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

Market value means the building value, excluding the land (as agreed between a willing buyer and seller), as established by what the local real estate market will bear.


Market value may be established by independent certified appraisal, replacement cost depreciated by age of building (actual cash value), or adjusted assessed values.

Mean sea level means, for purposes of the national flood insurance program, the national geodetic vertical datum {NGVD) of 1929 or other datum, to which base flood elevations shown on the flood insurance rate map are referenced.

New construction means, for floodplain management purposes, structures for which the start of construction commenced on or after January 1, 1975 (the effective date of the floodplain management regulation adopted by the city). The term also includes any subsequent improvements to such a structure.

NFIP means National Flood Insurance Program.

Obstruction includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, wire, fence, rock, gravel, refuse, fill, structure, vegetation, or other material in, along, across or projecting into any watercourse that may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris or its likelihood of being carried downstream.

Recreational vehicle means a vehicle, which is built on a single chassis; has four hundred (400) square feet or less when measured at the largest horizontal projections; designed to be self-propelled or permanently towable by a light duty truck; and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Repetitive loss. See substantial damage.

Severe Repetitive Loss. A property defined as a residential property that is covered under an NFIP flood insurance policy and:

(a) That has at least four NFIP claim payments (including building and contents) over $5,000 each, and the cumulative amount of such claims payments exceeds $20,000; or

(b) For which at least two separate claims payments (building payments only) have been made with the cumulative amount of the building portion of such claims exceeding the market value of the building.

For both (a) and (b) above, at least two of the referenced claims must have occurred within any ten-year period, and must be greater than 10 days apart.

Start of construction [for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)] means and includes substantial improvement and means the date the building permit was issued, provided the actual construction, repair, reconstruction, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either


the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

Structure means a walled and roofed building, including a gas or liquid storage tank, that principally aboveground, as well as a manufactured home.

Substantial damages means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. Substantial damage also means flood-related damages sustained by a structure on two (2) separate occasions during a ten (10) year period for which cost of repairs at the time of each such flood event, on the average, equals or exceeds twenty-five (25) percent of the market value of the structure before the damage occurred (a repetitive loss).

Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the start of construction of the improvement. This term includes structures that have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (2) Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

Variance means a grant of relief to a person from the requirements of this ordinance when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this article.

Violation means the failure of a structure or other development to be fully compliant with these floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this article is prima facie evidence of violation until such time as that documentation is provided.

Watercourse means a lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.


Water surface elevation means the height, in relation to the national geodetic vertical datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or river in areas.

Sec. 14-102. Findings of fact.

(a) The flood hazard areas of the city are subject to periodic inundation that results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare.

(b) These flood losses are created by the cumulative effect of obstructions in

floodplains that cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, flood-proofed or otherwise protected from flood damage.

Sec. 14-103. Statement of purpose.

It is the purpose of this article to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

(1) Protect human life and health. (2) Minimize expenditure of public money for costly flood control projects. (3) Minimize the need for rescue and relief efforts associated with flooding

and generally undertaken at the expense of the general public. (4) Minimize prolonged business interruptions. (5) Minimize damage to public facilities and utilities such as water and gas

mains, electric, telephone and sewer lines, streets and bridges located in floodplains.

(6) Help maintain a stable tax base by providing for the sound use and

development of flood-prone areas in such a manner as to minimize future flood blight areas.

(7) Insure that potential buyers are notified that property is in a flood area.


Sec. 14-105. Methods of reducing flood losses.

In order to accomplish its purposes, this article uses these methods;

(1) Restricts or prohibits uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities.

(2) Requires that uses vulnerable to floods, including facilities, which serve

such uses, be protected against flood damage at the time of initial construction.

(3) Controls the alteration of natural floodplains, stream channels, and natural

protective barriers, which are involved in the accommodation of floodwaters.

(4) Controls filling, grading, dredging and other development that may

increase flood damage. (5) Prevents or regulates the construction of flood barriers that will unnaturally

divert floodwaters or that may increase flood hazards to other lands.

Sec. 14-106. Application of article.

This article shall apply to all areas of special flood hazard within the jurisdiction of the city.

Sec. 14-107. Basis for establishing the areas of special flood hazard.

The areas of special flood hazard identified by FEMA in a scientific and engineering report entitled, "The Flood Insurance Study for the City of Dickinson," dated August 16, 1982, with accompanying flood insurance rate maps (FIRM) and any revisions thereto are hereby adopted by reference and declared to be a part of this article.

Sec. 14-108. Establishment of development permit.

(a) A development permit shall be required to ensure conformance with the provisions of this article.

(b) A person commits an offense if the person locates, extends, converts, or structurally alters any land or building in a flood hazard area without a development permit.


(c) A person commits an offense if the person develops, locates, extends, converts, or structurally alters any land or building in a flood hazard area without fully complying with the terms of this article and other applicable regulations.

Sec. 14-109. Compliance.

No structure or land shall hereafter be located, altered, developed, or have its use changed without full compliance with the terms of this article and other applicable regulations.

Sec. 14-110. Abrogation and greater restrictions.

This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

Sec. 14-111. Interpretation.

In the interpretation and application of this article, all provisions shall be:

(1) Considered as minimum requirements; (2) Liberally construed in favor of the city council; and (3) Deemed neither to limit nor repeal any other powers granted under state

statutes.

Sec. 14-112. Warning and disclaimer of liability.

The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by manmade or natural causes. This article does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the city or any official or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.

Secs. 14-113—14-130. Reserved.


DIVISION 2. ADMINISTRATION

Sec. 14-131. Floodplain administrator—Designation.

The chief building official is hereby designated the floodplain administrator to administer and implement the provisions of this article and other appropriate sections of 44 CFR National Flood Insurance Program Regulations) pertaining to floodplain management.

Sec. 14-132. Same—Duties and responsibilities.

The duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following:

(1) Maintain and hold open for public inspection all records pertaining to the provisions of this article.

(2) Review permit applications to determine whether proposed building sites

will be reasonably safe from flooding. (3) Review, approve or deny all applications for development permits required

by this article. (4) Review permits for proposed development to assure that all necessary

permits have been obtained from those federal, state or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1334) from which prior approval is required.

(5) Where interpretation is needed as to the exact location of the boundaries

of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the floodplain administrator shall make the necessary interpretation.

(6) Notify, in riverine situations, adjacent communities and the state

coordinating agency (TCEQ) prior to any alteration or relocation of a waterway course, and submit evidence of such notification to the FEMA.

(7) Assure that the flood carrying capacity within the altered or relocated

portion of any watercourse is maintained. (8) When base flood elevation data has not been provided in accordance with

section 14-107, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data


available from a federal, state or other source, in order to administer the provisions of division 3 of this chapter;

(9) When a regulatory floodway has not been designated, the floodplain

administrator must require that no new construction, substantial improvements, or other (including fill) shall be permitted within zones AI-30 and AE on the FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood elevation.

(10) Shall maintain permit records, by address, to document the date of

repairs, flood related costs of repair, and the market value of structures and buildings.

Sec. 14-133. Permit procedures.

(a) Application for a development permit shall be presented to the floodplain administrator on forms furnished by the floodplain administrator and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required:

(1) Elevation (in relation to means sea level), of the lowest floor (including

basement) of all new and substantially improved structures. (2) Elevation in relation to means sea level to which any nonresidential

structure shall be flood proofed. (3) A certificate from a registered professional engineer or architect that the

nonresidential flood proofed structure shall meet the flood proofing criteria of subsection 14-152(2).

(4) Description of the extent to which any watercourse or natural drainage will

be altered or relocated as a result of proposed development. (5) Maintain a record of all such information in accordance with subsection

14-132(1). (b) Approval or denial of a development permit by the floodplain administrator

shall be based on all of the provisions of this article and the following relevant factors:


(1) The danger to life and property due to flooding or erosion damage. (2) The susceptibility of the proposed facility and its contents to flood damage

and the effect of such damage on the individual owner. (3) The danger that materials may be swept onto other lands to the injury of

others. (4) The compatibility of the proposed use with existing and anticipated

development. (5) The safety of access to the property in times of flood for ordinary and

emergency vehicles. (6) The costs of providing governmental services during and after flood

conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems.

(7) The expected heights, velocity, duration, rate of rise and sediment

transport of the floodwaters and the effects of wave action, if applicable, expected at the site.

(8) The necessity to the facility of a waterfront location, where applicable. (9) The availability of alternative locations, not subject to flooding or erosion

damage, for the proposed use. (10) The relationship of the proposed use to the comprehensive plan for that

area.

Sec. 14-134. Variance procedures.

(a) The city council shall hear and render judgment on requests for variances from the requirements of this article.

(b) The city council shall hear and render judgment on an appeal only when it

is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this article.

(c) Any person aggrieved by the decision of the city council may appeal such decision to a court of competent jurisdiction.


(d) The floodplain administrator shall maintain a record of all actions involving

an appeal and shall report variances to the FEMA upon request.

(e) Variances may be issued for the reconstruction, rehabilitation or restoration of historic structures listed on the National Register of Historic Places or the state inventory of historic places, without regard to other procedures.

(f) Upon consideration of the factors noted above and the intent of this article, the city council may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of section 14-104.

(g) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(h) Prerequisites for granting variances:

(1) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(2) Variances shall only be issued upon, (i) showing a good and sufficient

cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local law or ordinances.

(3) Any applicant to whom a variance is granted shall be given written notice

that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(i) Variances may be issued by the city council for new construction and

substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (i) the criteria outlined in subsections 14-134(1)—(9) are met, and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

Secs. 14-135—14-150. Reserved.


DIVISION 3. FLOOD HAZARD REDUCTION

Sec. 14-151. General standards.

In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements.

(1) All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

(2) All new construction or substantial improvements shall be constructed by

methods and practices that minimize flood damage. (3) All new construction or substantial improvements shall be constructed with

materials resistant to flood damage. (4) All new construction or substantial improvements shall be constructed with

electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding by elevating them 18” above the BASE FLOOD ELEVATION.

(5) All new and replacement water supply systems shall be designed to

eliminate infiltration of floodwaters into the system. (6) New and replacement sanitary sewage systems shall be designed to

minimize or eliminate infiltration of floodwaters into the system and discharge from the systems into floodwaters.

(7) On-site waste disposal systems shall be located to avoid impairment to

them or contamination from them during flooding.

Sec. 14-152. Specific standards.

In all areas of special flood hazards where base flood elevation data has been provided as set forth in section 14-107, 14-132(8) or 153(d), the following provisions are required:

(1) Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor (including


basement), elevated to a minimum of eighteen (18”) inches above the base flood elevation shown on the latest edition of the FIRM.

(2) Nonresidential construction. New construction and substantial

improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to a minimum of eighteen (18”) inches above the base flood elevation shown on the latest edition of the FIRM or, together with attendant utility and sanitary facilities, be designed so that below the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capacity of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

(3) Enclosures. New construction and substantial improvements with fully

enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: a. A minimum of two (2) openings having a total net area of not less

than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided.

b. The bottoms of all openings shall be no higher than one (1) foot

above grade. c. Openings may be equipped with, louvers, valves, or other

coverings or devices provided that they permit the automatic entry and exit for floodwaters.

(4) Manufactured homes. The following shall apply to manufactured homes:

a. Require that all manufactured homes to be placed within zone A, shall be installed using methods and practices which minimize flood damage. For the purpose of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

b. All manufactured homes shall be in compliance with subsection (1)

above.


c. Require that all manufactured homes to be placed or substantially improved within zones AI-30, AH and AE on the FIRM be elevated on a permanent foundation such that the lowest floor of the manufactured home is eighteen (18”) inches above the base flood elevation; and be securely anchored to an adequately anchored foundation system in accordance with this paragraph.

(5) Recreational vehicles. All recreational vehicles placed on sites within

zones A1-30, AH, and AE on the FIRM shall either: a. Be on the site for fewer than one hundred eighty (180) consecutive

days, b. Be fully licensed and ready for highway use, or c. Meet the permit requirements, including elevation and anchoring

requirements, for manufactured homes in this article. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.

Sec. 14-153. Standards for subdivision proposals.

(a) All subdivision proposals including manufactured home parks and subdivisions shall be consistent with sections 14-103, 14-104 and 14-105.

(b) All proposals for the development of subdivisions including manufactured home parks and subdivisions shall meet development permit requirements of section 14-108, section 14-133, and the provisions of this division.

(c) Base flood elevation data shall be generated for subdivision proposals and other proposed development including manufactured home parks and subdivisions, if not otherwise provided pursuant to section 14-107 or subsection 14-132(8).

(d) All subdivision proposals, including manufactured home parks and subdivisions, shall have adequate drainage provided to reduce exposure to flood hazards.

(e) All subdivision proposals including manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.

(f) The special flood hazard area (SFHA) boundary and any base flood elevation for the building site(s) on each lot shall be clearly marked on all recorded subdivision plats and approved site development plans.


Sec. 14-154. Standards for areas of shallow flooding (AOI AH) zones.

Located within the areas of special flood hazard established in section 14-107, are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply:

(1) All new construction and substantial improvements of residential

structures have the lowest floor (including basement) elevated above the highest adjacent grade at least eighteen (18”) inches above the depth number specified in feet on the FIRM (at least two (2) feet if no depth number is specified).

(2) All new construction and substantial improvements of nonresidential

structures: a. Have the lowest floor (including basement} elevated above the

highest adjacent grade at least eighteen (18”) inches above the depth number specified in feet on the FIRM (at least two (2) feet if no depth number is specified); or

b. Together with attendant utility and sanitary facilities be designed so

that the structure is watertight up to eighteen (18”) inches above the base flood elevation with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy.

(3) A registered professional engineer or architect shall submit a certification

to the floodplain administrator that the standards of this section, as proposed in section 14-133(a)(1) are satisfied.

(4) Require within zones AH or AO adequate drainage paths around

structures on slopes, to guide floodwaters around and away from proposed structures.

Sec. 14-155. Floodways.

Floodways located within areas of special flood hazard established in section 14-107 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters, which carry debris, potential projectiles and erosion potential, the following provisions shall apply:


(1) Encroachments are prohibited, including fill, new construction, substantial improvements and other development within a flood hazard area unless certification by a professional registered engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels within the city during the occurrence of the base flood discharge.

(2) If subsection (1) above is satisfied, all new construction and substantial

improvements shall comply with all applicable flood hazard reduction provisions of this division including the lowest horizontal structural member being eighteen (18”) inches above the base flood elevation.

Sec. 14-156. Standards for areas in B zone.

All new construction and substantial improvements of residential and nonresidential structures shall have the lowest floor (including basement) elevated at least eighteen (18) inches above the highest adjacent grade.

Sec. 14-157. Standards for areas in zone A.

New construction and substantial improvement of any residential and nonresidential Structures in zone A areas shall have the lowest floor (including basement), elevated to a minimum of eighteen (18”) inches above the base flood elevation shown on the latest edition of the FIRM.”

Section 4. This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of said Ordinances except those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided, however, that any complaint, action, claim or lawsuit that has been initiated or has arisen under or pursuant to any of the Ordinances or sections thereof that have been specifically repealed on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance or section thereof and for that purpose the Ordinance or section thereof shall remain in full force and effect.

Section 5. If any section, article, paragraph, sentence, clause, phrase or word

in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the City Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect.

Section 6. All rights and remedies of the City of Dickinson are expressly saved as to any and all violations of the provisions of any Ordinances affecting and which have accrued at the time of the effective date of this Ordinance; and, as to such accrued


violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 7. 7.01 Any person who intentionally, knowingly, recklessly or with criminal negligence violates any of the provisions of this Ordinance shall be deemed guilty of a Class C misdemeanor and, upon conviction, shall be fined, except as otherwise provided herein, in a sum not to exceed Two Hundred Dollars ($200) for each offense, and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. 7.02 If the City Council of the City of Dickinson determines that a violation of this Ordinance creates a threat to the public safety, the City of Dickinson may bring suit in district court to enjoin the person, firm, partnership, corporation, or association from engaging in the prohibited activity. The City of Dickinson is not required to give bond as a condition to the issuance of injunctive relief.

Section 8. This Ordinance shall be in full force and effect from and after its date of passage, in accordance with the law.

DULY PASSED AND APPROVED on first reading this _____ day of ______________________, 2011.

DULY PASSED AND APPROVED on second reading this _____ day of ______________________, 2011.

DULY PASSED, APPROVED AND ADOPTED on third and final reading this ________ day of _______________, 2011. ________________________________ Julie Masters, Mayor

City of Dickinson, Texas ATTEST: _____________________________ Carolyn Anderson, City Secretary City of Dickinson, Texas APPROVED AS TO FORM AND CONTENT: _____________________________ Loren B. Smith, City Attorney City of Dickinson, Texas

TAB 12

i.

CITY OF DICKINSON INVITATION TO BID The City of Dickinson is soliciting sealed bids for the City to purchase (1) new, 2012, Full-Size Police Package Sports Utility Vehicle. The vehicle should have a V-8, 5.4 liter cubic inch or larger fuel injected engine and automatic overdrive transmission. (See Specifications, page 6.) The City of Dickinson reserves the right to reject any and all bids. Inquiries about this bid should be directed to Captain Melvin Mason, (281) 337-4700, ext. 301. Designate on the front, lower, left-hand corner of your response envelope, the following:


Subject: One (1) Full-Size New 2012 Police Package Sports Utility Vehicle

Bid Closing Time: Monday, October 3, 2011 at 10:00 a.m.

For your convenience at bid opening, enter quote on this Cover Page and include in Sealed Response Envelope (do not place quoted prices on the outside of the envelope):


ii.

TABLE OF CONTENTS

DESCRIPTION PAGE NO. Invitation to Bid ......................................................................................... Cover Page Instructions to Bidders ............................................................................. 1. Specifications .......................................................................................… 6. Authority to Quote ................................................................................... 8. References, Attachment I ....................................................................… 9. Insurance Requirements, Attachment II ...............................................… 10. Insurance Affidavit (Confirmation), Attachment III ..............................….. 13.

1.











Samples of items, when required, must be furnished free, and if the Bidder has not requested the return of the samples within 30 days from the bid opening date, the samples may be disposed of by the City. 5. ALTERING BIDS

Bids cannot be altered, amended or withdrawn by the Bidder after the bid-opening deadline. Any interlineations, alteration, or erasure made before this deadline, must be initialed by the signer of the bid, guaranteeing authenticity.

2.

6. BID WITHDRAWAL OR REJECTION


The City of Dickinson is not responsible for lateness or non-delivery of mail, carrier, etc. to the City, and the time and date recorded in the Street Department shall be the official time of receipt.

8. PRICES HELD FIRM






City of Dickinson - Police Department 4000 Liggio St. Dickinson, Texas 77539




3.

13. IDENTICAL BIDS In the event of two or more identical low bids, the contract will be awarded as

prescribed by chapter 271, Subchapter Z, Section 271.901 of Vernon’s Texas Codes Annotated. 14. DELIVERY DATE










4.

22. CHANGE ORDERS








In the event that special tools are required for routine maintenance or to provide access to compartment areas, the Bidder shall furnish these tools at no cost to the City. 29. OPERATIONAL MANUALS

If requested by the City, the Bidder shall provide a complete set of operational instructions and descriptive literature for the proper evaluation of the product quoted.

5.

30. MATERIAL SAFETY DATA SHEETS (MSDS)






Upon receipt of vehicle, the Seller shall deliver the title to this vehicle, in the name of the City of Dickinson, to the City Secretary’s office or approved personnel upon the approval of the Director of Public Safety.




6.

SPECIFICATIONS Unless otherwise stated, all specifications listed are minimum Check to confirm that requirements. product quoted meets specifications. 1. One (1) Full-Size 2012 Sports Utility Vehicle; Police Package model (i.e.

Expedition, Yukon,Tahoe or Equivalent) ______________ 2. Engine Size: 5.4 liter, V-8, Fuel Injection ______________ 3. 150 amp alternator ______________ 4. Bucket Seating (front) & 40/20/40 Bench (2nd row)

(cloth on both front & rear) ______________ 5. Heavy Duty Floor Covering (Rubber) w/ floor mats ______________ 6. 4 x 2 wheel drive ______________ 7. Automatic Overdrive Transmission ______________ 8. Map Lamp Header ______________ 9. Power Windows/Door Locks ______________

10. 4-wheel disc brakes ______________

11. 18” Cast Aluminum Wheels or equivalent ______________

12. Keyless Entry w/ Security System ______________

13. Heavy Duty Front & Rear Springs; Front and Rear Stabilizer Bars ______________

14. Radio/Noise Suppression Package ______________

15. AM/FM Stereo w/ CD Player ______________

16. Towing Package ______________

17. Limited Slip Rear Axle ______________

18. Color: Clearcoat Metallic or Equivalent ______________

* The City reserves the right to purchase vehicles with the above minimum specifications from the existing dealer’s vehicle inventory.

7.



1. _____________________________________________________

2. _____________________________________________________

3. _____________________________________________________

4. _____________________________________________________

5. _____________________________________________________

6. _____________________________________________________

7. _____________________________________________________

8. _____________________________________________________







$ _______________________

AUTHORITY TO QUOTE

8.

I agree to meet the stated minimum requirements and the listed standard additional equipment as set forth in these specifications and any documents attached for one (1) Police Package Vehicle. Make: Model: ________________________ Year: Total Bid Price: $________________ (ALSO INCLUDE TOTAL BID PRICE ON COVER PAGE) BIDDER/COMPANY NAME: AUTHORIZED REPRESENTATIVE: SIGNED: TITLE: ADDRESS: CITY, STATE, & ZIP: TELEPHONE: ( ) FAX: ( ) EST. DELIVERY DAYS AFTER RECEIPT OF PURCHASE ORDER: DATE: STANDARD WARRANTY INCLUDED IN THE TOTAL PRICE ABOVE (PLEASE DESCRIBE INCLUDING DEDUCTIBLE AMOUNT TO BE PAID FOR EACH REPAIR): NOTES: Standard equipment is required on all items not specified. All Federal safety requirements must be met on delivery. Be sure to include with your bid the Insurance Requirement Affidavit Form completed by your insurance agent/broker.


9.

ATTACHMENT I

REFERENCES Each Bidder is to provide a minimum of two (2) verifiable references in which the Bidder has sold and maintained this or a similar product. Company Name: Address: Contact Person: Telephone: ( ) Product Purchased by Reference: Company Name: Address: Contact Person: Telephone: ( ) Product Purchased by Reference: Company Name: Address: Contact Person: Telephone: ( ) Product Purchased by Reference:

10.

ATTACHMENT II INSURANCE SECTION A. Prior to the approval of this contract by the City, the successful Bidder shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. INSURANCE COVERAGE REQUIRED SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the successful Bidder. SECTION C. Subject to the successful Bidder’s right to maintain reasonable deductibles in such amounts as are approved by the City, the successful Bidder shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at the successful Bidder’s sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s):



insurance, including coverage for the following:




g. Medical Payments ADDITIONAL POLICY ENDORSEMENTS

11.

The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the successful Bidder shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. REQUIRED PROVISIONS The successful Bidder agrees that with the respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions:

a. Name the City of Dickinson and its officers, employees, and elected representatives as additional insureds (as the interest of each insured may appear) as to all applicable coverages.











12.


Captain Melvin Mason City of Dickinson 4000 Liggio St. Dickinson, Texas 77539


13.




bids\pdvehicl.bid






1209-01

McRee Ford

$25,923.00

2012 Expedition XL

Full-size SUV

10:05am

TAB 13

i

CITY OF DICKINSON INVITATION TO BID The City of Dickinson is soliciting sealed bids for the City to purchase (1) one new, 2012, full-sized ½ ton extended cab pickup truck. The vehicle should have a V-8, sized engine, fuel injection, and automatic overdrive transmission. (See Specifications, page 6.) The City of Dickinson reserves the right to reject any and all bids. Inquiries about this bid should be directed to Captain Melvin Mason, (281) 337-4700, ext. 301. Designate on the front, lower, left-hand corner of your response envelope, the following:


Subject: One (1) New 2012 Full-sized ½ ton Extended Cab Pickup Truck

Bid Closing Time: Monday, October 3, 2011 at 10:00 a.m.

For your convenience at bid opening, enter quote on this Cover Page and include in Sealed Response Envelope (do not place quoted prices on the outside of the envelope):


ii

TABLE OF CONTENTS

DESCRIPTION PAGE NO. Invitation to Bid ....................................................................................... Cover Page Instructions to Bidders ........................................................................... 1. Specifications ......................................................................................… 6. Authority to Quote .................................................................................... 8. References, Attachment I ....................................................................... 9. Insurance Requirements, Attachment II ................................................ 10. Insurance Affidavit (Confirmation), Attachment III ............................... 13.

1











Samples of items, when required, must be furnished free, and if the Bidder has not requested the return of the samples within 30 days from the bid opening date, the samples may be disposed of by the City.

2

5. ALTERING BIDS Bids cannot be altered, amended or withdrawn by the Bidder after the bid-opening

deadline. Any interlineations, alteration, or erasure made before this deadline, must be initialed by the signer of the bid, guaranteeing authenticity. 6. BID WITHDRAWAL OR REJECTION


The City of Dickinson is not responsible for lateness or non-delivery of mail, carrier, etc. to the City, and the time and date recorded at City Hall shall be the official time of receipt.

8. PRICES HELD FIRM






City of Dickinson - Police Department 4000 Liggio St. Dickinson, Texas 77539




3

13. IDENTICAL BIDS

In the event of two or more identical low bids, the contract will be awarded as prescribed by chapter 271, Subchapter Z, Section 271.901 of Vernon’s Texas Codes Annotated. 14. DELIVERY DATE










4

22. CHANGE ORDERS








In the event that special tools are required for routine maintenance or to provide access to compartment areas, the Bidder shall furnish these tools at no cost to the City.

5

29. OPERATIONAL MANUALS

If requested by the City, the Bidder shall provide a complete set of operational instructions and descriptive literature for the proper evaluation of the product quoted. 30. MATERIAL SAFETY DATA SHEETS (MSDS)






Upon receipt of vehicle, the Seller shall deliver the title to this vehicle, in the name of the City of Dickinson, to the City Secretary’s office or approved personnel upon the approval of the Chief of Police.




6

SPECIFICATIONS Unless otherwise stated, all specifications listed are minimum Check to confirm that requirements. product quoted meets specifications. 1. One (1) 2012 Full-sized ½ ton extended cab pickup truck (i.e. F-150, Silverado,

GMC, RAM, etc.)* ______________

2. Engine Size: V-8, 4.6 liter, Fuel Injection ______________ 3. Cloth Split/Bench Front Seats/ Cloth Rear Seats ______________ 4. Heavy Duty Floor Covering (Carpet) w/ Front and Rear Floor Mats ______________ 5. AM/FM Stereo w/ CD Player ______________ 6. Limited Slip Differential ______________ 7. Power Windows/Door Locks ______________

8. Keyless Remote Entry w/ Security System and Keyfob ______________

10. Color: Clearcoat Metallic or Equivalent (flexible) ______________

11. 4-Wheel Disc Brakes ______________

12. 17” inch Cast Aluminum Wheels or equivalent ______________ 13. Chrome bumpers ______________ 14. Automatic Overdrive Transmission ______________ 15. Towing package ______________ * The City reserves the right to purchase vehicles with the above minimum specifications from the existing dealer’s vehicle inventory.


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1. _____________________________________________________

2. _____________________________________________________

3. _____________________________________________________

4. _____________________________________________________

5. _____________________________________________________

6. _____________________________________________________

7. _____________________________________________________

8. _____________________________________________________







$ _______________________

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AUTHORITY TO QUOTE

I agree to meet the stated minimum requirements and the listed standard additional equipment as set forth in these specifications and any documents attached for one (1) Police Package Vehicle. Make: Model: ____________________________ Year: Total Bid Price: $ (ALSO INCLUDE TOTAL BID PRICE ON COVER PAGE) BIDDER/COMPANY NAME: AUTHORIZED REPRESENTATIVE: SIGNED: TITLE: ADDRESS: CITY, STATE, & ZIP: TELEPHONE: ( ) FAX: ( ) EST. DELIVERY DAYS AFTER RECEIPT OF PURCHASE ORDER: DATE: STANDARD WARRANTY INCLUDED IN THE TOTAL PRICE ABOVE (PLEASE DESCRIBE INCLUDING DEDUCTIBLE AMOUNT TO BE PAID FOR EACH REPAIR): NOTES: Standard equipment is required on all items not specified. All Federal safety requirements must be met on delivery. Be sure to include with your bid the Insurance Requirement Affidavit Form completed by your insurance agent/broker.


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ATTACHMENT I REFERENCES Each Bidder is to provide a minimum of two (2) verifiable references in which the Bidder has sold and maintained this or a similar product. Company Name: Address: Contact Person: Telephone: ( ) Product Purchased by Reference: Company Name: Address: Contact Person: Telephone: ( ) Product Purchased by Reference: Company Name: Address: Contact Person: Telephone: ( ) Product Purchased by Reference:

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ATTACHMENT II INSURANCE SECTION A. Prior to the approval of this contract by the City, the successful Bidder shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverage, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. INSURANCE COVERAGE REQUIRED SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverage and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the successful Bidder. SECTION C. Subject to the successful Bidder’s right to maintain reasonable deductibles in such amounts as are approved by the City, the successful Bidder shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at the successful Bidder’s sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s):



Insurance, including coverage for the following:




g. Medical Payments

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ADDITIONAL POLICY ENDORSEMENTS The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the successful Bidder shall exercise reasonable efforts to accomplish such changes in policy coverage, and shall pay the cost thereof. REQUIRED PROVISIONS The successful Bidder agrees that with the respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions:

a. Name the City of Dickinson and its officers, employees, and elected representatives as additional insureds (as the interest of each insured may appear) as to all applicable coverage.











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Captain Melvin Mason City of Dickinson 4403 Highway 3 Dickinson, Texas 77539


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bids\pdvehicl.bid






1209-03

McRee Ford

$23,031.15

F150 XLT Series Full-

size ½ ton

10:12am

1209-03

Grapevine Dodge

$19,987.00

2012 1500 Quad Cab

Add $790 w/o Tarrant County Co-op

10:12am

TAB 14

EXECUTIVE SESSION

RECESS TIME:______________________

TAB 15

RECONVENE

TIME:___________________________

TAB 16

ITEM 16 NOTES:________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

TAB 17

ADJOURN TIME:_______________________________ MOTION:____________________________ SECOND:____________________________ VOTE_______________________________

· 10/25/2011 · NOTICE is hereby given of a SPECIAL WORKSHOP MEETING of the City Council for...

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Transcript of · 10/25/2011 · NOTICE is hereby given of a SPECIAL WORKSHOP MEETING of the City Council for...