city of webster - guidrynews.com of webster 101 pennsylvania ave ... chapter 551, of the texas...

City of Webster 101 Pennsylvania Ave. ● Webster, Texas 77598 Phone: (281) 332-1826

Fax (281) 332-5834 www.cityofwebster.com

AGENDA City Council Regular Meeting

101 Pennsylvania, Webster, Texas October 17, 2017

6:00 P.M. NOTICE is hereby given of a Regular Meeting of the City Council of the City of Webster, County of Harris, State of Texas, to be held on Tuesday, October 17, 2017, at 6:00 p.m. at: City Hall Council Chambers, 101 Pennsylvania, Webster, Texas, for the purpose of considering the following numbered items. The City Council of the City of Webster, Texas, reserves the right to meet in 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. 1. Call to Order. 2. Invocation and Pledge of Allegiance. 3. Roll Call and Certification of a Quorum. 4. Proclamations and Special Recognitions.

Special Recognition and Proclamation: Bay Area Turning Point and National Domestic Violence Awareness Month – October 2017. (Stasha Scruggs, Bay Area Turning Point) Special Recognition of Police Sergeant Jeremy Edge – Master of Science Degree in Criminal Justice and Public Administration. Presentation of Certificate by the Texas Fire Chiefs’ Association to the Webster Fire Department for Achievement of Texas Best Practices Recognized Agency Status. (Galveston Fire Chief Mike Wisko, President of Texas Fire Chiefs’ Association) Presentation by Insurance Services Office (ISO) for a Class I Rating. (Phillip Bradley, Texas Manager for ISO and Jesse Williams, PPC Oversight Officer for State Fire Marshal’s Office).

5. Requests or Petitions from the Public.

OLD BUSINESS 6. CONSIDERATION/ACTION to adopt an ordinance of which the caption reads:

AN ORDINANCE OF THE CITY OF WEBSTER AMENDING THE ZONING CLASSIFICATION OF APPROXIMATELY 0.592 ACRES LOCATED AT 505 BAY

http://www.cityofwebster.com/

City of Webster City Council Meeting October 17, 2017

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AREA BOULEVARD FROM O (OFFICE) TO C-3 (THIRD COMMERCIAL DISTRICT), AND ALSO FINDING THAT ALL PROPER NOTICES HAVE BEEN GIVEN AND PUBLIC HEARINGS HELD; REPEALING INCONSISTENT ORDINANCES; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

This is the SECOND of two readings. (Zoning Ordinance Chapter 98; Sec. 98-45)

NEW BUSINESS 7. CONSIDERATION/ACTION to amend the Webster Economic Development

Corporation Fiscal Year 2016-17 Annual Budget (WEDC Budget Amendment #2). 8. CONSIDERATION/ACTION to approve and authorize the Mayor to execute an

amended Interlocal Agreement with the City of Houston for participation in the Internet Crimes Against Children (ICAC) Task Force.

9. CONSIDERATION/ACTION to approve the purchase of three replacement vehicles from Caldwell Country Chevrolet in the amount of $96,116.00.

10. CONSIDERATION/ACTION to accept the dedication of 0.0218 acre (949 square feet) to the City of Webster as public right-of-way for the NASA Road 1 Bikeway project.

11. CONSIDERATION/ACTION to adopt a resolution of which the caption reads:

A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF WEBSTER, TEXAS DESIGNATING THE REPRESENTATIVE AND ALTERNATE TO THE HOUSTON-GALVESTON AREA COUNCIL 2018 GENERAL ASSEMBLY.

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 551.074, to deliberate regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Municipal Court Judge and Associate Judges.

13. RECONVENE into regular session and consider action, IF ANY, on items discussed in

Executive Session. 14. CONSIDERATION/ACTION to approve the minutes:

●Regular Meeting of September 19, 2017. ●Special Meeting of September 26, 2017. ●Special Meeting of October 2, 2017.

City of Webster City Council Meeting October 17, 2017

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15. Excused Absences.

16. Agenda Requests from Councilmembers.

17. Reports or Requests from the City Manager.

●Calendar of Events

18. Adjournment.

This notation indicates that this agenda item is an approved budgeted item. This notation indicates that this agenda item is the product of a specific directive resulting from the Council Planning Sessions.

ALL AGENDA ITEMS ARE SUBJECT TO ACTION

In compliance with the Americans With Disabilities Act, the City of Webster will provide

for reasonable accommodations for persons attending City Council Meetings. Requests should be received 48 hours prior to the meetings. Please contact the City Secretary’s office at 281-332-1826.

I certify that a copy of this notice of the City Council Meeting for October 17, 2017 was posted at City Hall, 101 Pennsylvania, Webster, Texas, on Thursday, October 12, 2017 by 5:30 P.M.

__________________________ Crystal Roan, TRMC, CMC City Secretary

Item 4

CITY COUNCILCIAGENDA

PROCLAMATION

WHEREAS, the crime of domestic violence violates an individual’s privacy and dignity, security and humanity, due to systematic use of physical, emotional, sexual, psychological and economic control and/or abuse including abuse to children and the elderly, and

WHEREAS, the problems of domestic violence are not confined to any group or groups of people, but cut across all economic, racial and societal barriers, and are supported by societal indifferences, and

WHEREAS, the impact of domestic violence is wide ranging, directly affecting individuals and society as a whole, here in this community, throughout the United States and the world, and

WHEREAS, a coalition of organizations has emerged to directly confront this crisis. Law enforcement officials, those involved with shelters and hotline services, health care providers, the clergy and other concerned citizens are helping in the effort to end domestic violence. We must recognize the compassion and dedication of these volunteers and professionals, applaud their efforts and increase public understanding of this important problem. Let it be known that Bay Area Turning Point, Inc. is committed to eliminating Domestic Violence, working together in unity, to take a stand against violence.

NOW THEREFORE, I, Mayor Donna Rogers of the City of Webster, in recognition of the important work done by domestic violence programs, do hereby proclaim the month of October 2017, as Domestic Violence Awareness Month, and do urge all citizens to actively participate in the scheduled activities and programs to work toward eradicating domestic violence, improving victim safety and holding perpetrators of domestic abuse accountable for their actions against individual victims and our society as a whole.

IN WITNESS WHEREOF, I do hereby set my hand, and cause the Corporate Seal of the City to be affixed this 17th day of October, 2017. CITY OF WEBSTER

______________________________

Donna Rogers, Mayor

Item 6

CITY COUNCIL AGENDA

SECOND READING

ORDINANCE NO. 17-_____

AN ORDINANCE OF THE CITY OF WEBSTER AMENDING THE ZONING CLASSIFICATION OF APPROXIMATELY 0.592 ACRES LOCATED AT 505 BAY AREA BOULEVARD FROM O (OFFICE) TO C-3 (THIRD COMMERCIAL DISTRICT), AND ALSO FINDING THAT ALL PROPER NOTICES HAVE BEEN GIVEN AND PUBLIC HEARINGS HELD; REPEALING INCONSISTENT ORDINANCES; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

____________________________________________________________________________ WHEREAS, Orangestone Management, LLC has requested a rezoning on the above described property from O (Office) to C-3 (Third Commercial District) zoning district; and

WHEREAS, the City of Webster has found that said rezoning is appropriate for the subject property, is compatible with the surrounding area; and

WHEREAS, on the 6th day of September 2017, a Public Hearing was held by the Planning and Zoning Commission of City of Webster, Texas, notice being given by publication in the official newspaper of the City; and

WHEREAS, on the 6th day of September 2017, the Planning and Zoning Commission of the City submitted its report and recommendation to the City Council regarding the proposed rezoning, whereby the Commission recommended approval of proposed rezoning from O (Office) to C-3 (Third Commercial District); and

WHEREAS, on the 19th day of September 2017, a Public Hearing was held by the City Council of City of Webster, Texas, notice being given by publication in the official newspaper of the City; and

WHEREAS, upon receipt of the report from the Planning and Zoning Commission, City Council considered this application and the recommendation of the Planning and Zoning Commission at a regular meeting on 19th day of September 2017; and

WHEREAS, The City Council having fully heard the testimony and argument of all interested parties, having been fully advised in the premises, finds that in the case judgment of City Council, would justify the approval of said application; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEBSTER, TEXAS: SECTION 1: It is hereby found and declared that the City has complied with all of the statutory requirements concerning notice and hearing of a proposed change in zoning classification. SECTION 2: That the property located at 505 Bay Area Boulevard, more specifically, being a 0.592 acre tract of land located in the Robert W. Wilson Survey, Abstract No. 88, being out of and a part of Block 19 or the partial replat of Clear Lake City Industrial Park Section C, as recorded in Volume 169, Page 37 of the Harris County Map Records, Friendswood Ranch by deed recorded in Harris County Clerk’s File NO. RR-2016-575485, and further delineated by Exhibit “A” that shown by the City of Webster, this property is hereby reclassified from O (Office) to C-3 (Third Commercial District).

Ord. No: 17-____

SECTION 3: If any provisions, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances shall for any reason be held unconstitutional, void, or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable.

SECTION 4: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. SECTION 5: This Ordinance shall become effective after its approval and adoption upon second and final reading.

PASSED AND APPROVED ON first reading this 19th day of September 2017. PASSED, APPROVED AND ADOPTED on the second and final reading this ___ day of _______________ 2017. CITY OF WEBSTER, TEXAS

______________________ Donna Rogers, Mayor

ATTEST:

_______________________ Crystal Roan, TRMC, CMC City Secretary

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City of Webster Map produced by City of WebsterPlanning DivisionAerial dated 2016NOTE: This map has been made from bestavailable data. It is not a legal document andnor is it a substitute for a survey.O 0 360180 Feet

Subject PropertyVicinity Map

Exhibit A

Item 7

CITY COUNCIL AGENDA

CITY COUNCIL MEETING

DATE: October 17, 2017 AGENDA ITEM: Consideration/Action to amend the Webster Economic Development Corporation Fiscal Year 2016-17 Annual Budget (WEDC Budget Amendment #2). PURPOSE STATEMENT: This item is necessary to increase appropriations within the WEDC Fund. SUMMARY/BACKGROUND (WHY): The Board of Directors of the Webster Economic Development Corporation approved its annual budget for fiscal year 2016-2017 on July 12, 2016. The budget was subsequently amended on September 19, 2017. On September 20, 2017, the Corporation received word that payment was due to Weingarten Realty Investors on or before September 23 in accordance with the Economic Development Agreement that was executed in 2016. The Agreement calls for a financial assistance payment in the amount of $250,000 for the construction of a new 3,500 square foot building to retain and expand the retail operations of James Avery. The assistance payment was due within thirty days of the issuance of the Certificate of Occupancy on August 24, 2017. Funds were wired to Weingarten on September 21. The annual budget must be amended again to encompass these unanticipated expenditures. These changes will be considered adopted upon formal approval by the Webster City Council. STAFF RECOMMENDATIONS: Staff recommends amending the Webster Economic Development Corporation Fiscal Year 2016-17 Annual Budget (WEDC Budget Amendment #2). EXPENDITURE: As noted in Amendment #2 FUNDING SOURCE: As noted in Amendment #2 AMOUNT BUDGETED: As noted in Amendment #2 FINANCE DEPT. APPROVAL: William Michael Rodgers, CPA PRIORITY/CAPITAL IMPROVEMENT PROGRAM: YES _X__ NO ___ PREPARED BY: William Michael Rodgers, CPA APPROVAL BY DEPT. DIRECTOR: William Michael Rodgers, CPA APPROVAL BY CITY MANAGER: _____________________________ ATTACHMENTS: Fiscal Year 2016-17 WEDC Budget Amendment #2

AMENDMENT #2 TO THE BUDGET OF THE WEBSTER ECONOMIC DEVELOPMENT CORPORATIONFOR THE FISCAL YEAR 2016-2017

2016-2017 2016-2017General Ledger General Ledger Current Amendment Amended

Division Name Account Number Account Name Budget Amount BudgetAmendment Item #1WEDC Fund 050-82700-00-3795 Economic Development Initiatives - 250,000 250,000 To increase appropriations for the $250,000 payment to Weingarten Realty Investors per the September 13, 2016 agreement

Item 8

CITY COUNCIL AGENDA

CITY COUNCIL MEETING DATE: October 17, 2017 AGENDA ITEM: Consideration/Action to approve and authorize the Mayor to execute an amended Interlocal Agreement with the City of Houston for participation in the Internet Crimes Against Children (ICAC) Task Force. PURPOSE STATEMENT: Revise the existing Interlocal Agreement with the City of Houston by adding a provision entitled, “Pre-contract Services” providing reimbursement to the City of Webster for services during any period of time that the contract is expired due to an interruption in State funding. SUMMARY/BACKGROUND (WHY): The Internet Crimes Against Children (ICAC) Task Force is a partnership between numerous Houston-Area agencies. These agencies all have an Interlocal Agreement with the City of Houston providing for reimbursement for their services. The State of Texas provides the funding to the City of Houston. There has often been an interruption in the funding from the State, although the investigations must continue. Recently the Interlocal Agreement expired while the City of Houston and the other agencies were awaiting funds from the State. This amended Interlocal Agreement provides for reimbursement for services rendered during any interim period while the contract is expired. This provision, highlighted in yellow, is entitled, “Pre-contract Services”. The attorney representing the City of Webster has reviewed and approved this amended Interlocal Agreement. STAFF RECOMMENDATIONS: Staff asks Council to approve and authorize the Mayor to execute this Interlocal Agreement. EXPENDITURE: None FUNDING SOURCE: N/A AMOUNT BUDGETED: None FINANCE DEPT. APPROVAL: PRIORITY/CAPITAL IMPROVEMENT PROGRAM: YES ___ NO _X__ PREPARED BY: Danny Presley, Chief of Police APPROVAL BY DEPT. DIRECTOR: Danny Presley, Chief of Police APPROVAL BY CITY MANAGER: _____________________________ ATTACHMENTS: Copy of Interlocal Agreement

ICAC-WEBSTER -POLICE 1 September 7, 2017

INTERLOCAL AGREEMENT

Internet Crimes Against Children Task Force Programs

STATE OF TEXAS §

§

COUNTY OF HARRIS §

This Interlocal Agreement, hereinafter referred to as the “Agreement”, is entered into by

and between the City of Houston, a Home Rule City of the State of Texas, situated in Harris

County, Texas, acting by and through its governing body, the City Council, hereinafter referred

to as the "City", and The City of Webster Texas, “Webster”, a body corporate and politic,

acting by and through its City Council, and acting for the Webster Police Department hereinafter

referred to as the “WPD”, pursuant to the Interlocal Cooperation Act, Texas Government Code,

Chapter 791.

RECITALS:

1. The City, through the Houston Police Department, hereinafter referred to as the “HPD”,

has applied for a Grant from the Trusted Programs within the Office of the Governor

for the purpose of preventing and stopping internet crimes against children (“Grant

program”). Priority shall be given to supporting the activities of qualifying INTERNET

CRIMES AGAINST CHILDREN TASK FORCES recognized by the U.S.

Department of Justice, hereinafter referred to as the “ICAC”.


2. The City has agreed to contribute a total of $103,907.00 in reimbursement funds for a

portion of the salary and benefits for one Detective (70% not exceeding $80,955 for the

12-month period beginning March 1, 2017 until February 28, 2018) plus lease car, fuel,

overtime, training and equipment. Webster has agreed to contribute the remaining 30%

of the salary and benefits for the Detective (based on the hours and benefits listed in

Exhibit “A”, of said Agreement).

3. City reached out to Webster to participate in the Trusted Programs and Webster

commenced work on March 1, 2017 with the understanding that if the City is not

awarded the Grant, no reimbursements will occur. Services rendered prior to the award

(Pre-Award costs) may be paid as Pre-Contract Services as set out in Section 3.01 of this

Agreement and as authorized pursuant to Section 33. Pre-award costs of the Uniform

Grant Management Standards promulgated by the Office of the Texas Comptroller of

Public Accounts which provides that if the costs were “directly pursuant to the

negotiation and in anticipation of the award where such costs are necessary to comply

with the proposed delivery schedule or period of performance. Such costs are allowable

only to the extent that they would have been allowable if incurred after the date of the

award and only with the written approval of the awarding agency.”

4. The target geographic area of such Grant program is the Houston Metropolitan Area,

which includes incorporated as well as unincorporated areas of Harris County, Texas; and

all areas of Brazoria, Chambers, Fort Bend, Galveston, Liberty, Montgomery, and Waller

Counties.

5. The Grant funds received by City, in part, will be expended to pay the salary, fringe

benefits, overtime, retirement/pension, in-state travel, insurance costs, lease car, fuel


(“Personnel Expenses”), Training and (“Equipment” or “Property”), Equipment or

Property may include a laptop computer, monitor, printer and/or external hard drive for a

WPD Detective, hereinafter referred to as “Detective” to work with the City and other

law enforcement officials to provide a link to the current cases of internet crimes against

children and to assist in investigations connected with Grant program enforcement with

jurisdictional issues.

6. The City and Webster believe it is in their best interests to enter into this Agreement, to

carry out the Grant program. Should the Grant be terminated or not renewed by the

Trusted Programs for any reason, the City and Webster agree to terminate this

Agreement, on the date the Grant is terminated by the Trusted Programs.

7. The City and Webster agree to abide by all pertinent federal, state and local laws and

regulations.

NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:

ARTICLE I PURPOSE

1.01 The purpose of this Agreement is to provide for services of a Detective to work with the

City and other law enforcement officials to assist in the apprehension and prosecution of

child exploitation, and serve as a liaison between the City and other Detectives and law

enforcement agencies that become involved in on-going investigations because of the

Grant program’s enforcement efforts.

ARTICLE II TERM

2.01 The term of this Agreement is to commence on the Countersignature Date, provided

Grant funds are available and terminate on the Grant expiration date, or on the


termination date of any extension thereof granted by the Trusted Programs within the

Office of the Governor, hereinafter referred to as the “Trusted Programs”, or February

28, 2018, whichever is later. In the event, Trusted Programs Grant funding is available

for this Agreement after the expiration date the HPD Police Chief (“Chief”) is

authorized to extend this Agreement by written letter to the WPD Chief for one year at

a time for up to four additional years. The WPD Chief is authorized to accept the

extension by signing the Extension Letter from the HPD Chief and returning a signed

copy of the Extension Letter to HPD Chief.

2.02 The City and Webster acknowledge that the City must apply each year for a continuation

of this Grant and that the Grant can be discontinued at any time by the Trusted

Programs. Should the Grant be terminated or not renewed by the Trusted Programs

for any reason, the City and Webster agree to terminate this Agreement, on the date the

Grant is terminated by the Trusted Programs.

2.03 Either party may terminate this Agreement by giving 30 days’ prior written notice of

termination to the other party.

ARTICLE III CONSIDERATION

3.01 Pre-Contract Services

Webster represents that

(1) from March 1, 2017 to Countersignature Date, it performed services described in Exhibit

“B” similar to those set out in this Agreement (“Prior Services”) at the City’s request and in

reliance on the City’s representations that a contract would be executed to pay for the services,

and

(2) that the services were not covered under any contract in existence during that time and

(3) that the fair market value of these services is $8,000.00 per month.


(4) As an inducement to entering into this Agreement, the City and Webster desire to

compromise and settle all claims Webster may have arising out of the City’s alleged failure to

pay Webster for the Prior Services (the “Claims”). Therefore, the City shall pay and Webster

shall accept payment for all Prior Services in an amount not to exceed $8,000.00 times the

number of months, including the portion of any month that Webster performed Prior Services

without payment from City, which sum is included in the amount of this Agreement, and

Webster agrees to accept such payment to settle the Claims against the City. Payment of Prior

Services hereunder by the City is an inducement and requirement for the Webster’s agreement to

provide services under this Agreement. Webster hereby releases and discharges the City from

all claims of any nature Webster might make, now or in the future, arising out of the City's

alleged failure to pay Webster for the Prior Services.

3.02 Webster will be paid based on itemized monthly invoices submitted by Webster and

approved by the City showing the actual services performed and the attendant fee in

addition to costs for Personnel Expenses, Training and Equipment or Property. The City

shall make payment to Webster within thirty (30) days of the receipt by the City of such

invoices. If any items in any invoices submitted by Webster are disputed by the City for

any reason, including lack of supporting documentation, the City shall temporarily delete

the disputed item and pay the remaining amount of the invoice. The City shall promptly

notify Webster of the dispute and request clarification and/or remedial action. After any

dispute shall have been settled, Webster shall include the disputed amount on a

subsequent regularly scheduled invoice or on a special invoice for the disputed item only.

The decision of the City regarding all disputes involving Webster invoices shall be final.

3.03 The City and Webster acknowledge that during the term of this Agreement the amounts

provided in Exhibit “A” may change as the City’s application for renewal of Grant


funding in the future years is reviewed by the Trusted Programs. It is further

understood and agreed that any application for additional Grant funds over and above

those amounts shown in Exhibit “A”, shall first be approved by the City and will be in

accordance with the effective GRANT APPLICATION AND ADMINISTRATION

GUIDELINES, of Trusted Programs. In the event this Agreement is extended the Chief

is authorized to approve changes to Exhibit “A” provided the changes do not exceed the

Grant funds.

3.04 The City's obligation for payment under this Agreement, if any, is limited to the Grant funds;

unless adequate funds are received, the City shall have no obligation to pay Webster. Webster

must look to these designated funds only and to no other funds for the City's payment under this

Agreement.

ARTICLE IV SCOPE OF SERVICES

4.01 Webster agrees that the Detective will perform those services described in Exhibit “B”,

attached hereto and incorporated herein for all intents and purposes.

4.02 Webster warrants that:

(a) Services performed by the Detective assigned by the WPD to the Grant program

and any Equipment or property acquired for his use under this or any prior

agreement between the City and Webster pertaining to the Grant, hereinafter

referred to as the “Equipment or Property” are directly and exclusively devoted

to the Grant program and that the amounts paid for Personnel Expenses and

Training are not more than Webster’s actual cost of same.


(b) The Detective is not receiving dual compensation from Webster and the City for

the same services performed under the terms of this Agreement.

(c) It will cooperate with the Trusted Programs, its agents, representatives, and

employees, and any other State of Texas agency regarding any audit, investigation

or inquiry concerning the Grant.

(d) The Detective assigned to work with City of Houston and other law enforcement

officers shall at all times, remain a WPD employee. Such Detective shall be

subject to all applicable WPD rules, regulations and procedures. Such Detective

shall be subject to WPD orders and training.

(e) Nothing in this Agreement shall constitute an exception from, waiver of or other

basis upon which the Detective is permitted to fail to, fully and promptly comply

with all WPD rules, regulations, procedures and other operating policies.

4.03 Webster agrees to comply with the Trusted Programs’ rules, regulations, policies,

guidelines and requirements GRANT APPLICATION AND ADMINISTRATION

GUIDELINES.

ARTICLE V OWNERSHIP OF EQUIPMENT OR PROPERTY

5.01 Upon termination of this Agreement, ownership of the Equipment or Property and other

non-expendable items will revert to the City of Houston Police Department, subject to the

approval of the Trusted Programs.


ARTICLE VI INFORMATION/DATA

6.01 Webster shall keep all materials prepared hereunder and all City data it receives in

strictest confidence excluding those documents and records filed in the Courts. Webster

shall not divulge such information except as approved in writing by the City or as

otherwise required by law.

6.02 Webster, except as otherwise required by law, shall make no announcement or release of

information concerning this Agreement until such release has been submitted to and

approved in writing by the City and the Trusted Programs. When issuing statements,

press releases, producing printed materials, audio visuals and other documents describing

or related to the Grant program, such material shall clearly state that funding was

provided by the HPD through a Grant from the Trusted Programs. Any such publicity

shall be in a form approved by the Trusted Programs, the City and in accordance with

State law.

6.03 The City shall have the right to perform, or cause to be performed, (1) audits of the books

and records of Webster pertaining to the WPD’s performance under this Agreement,

and (2) reasonable inspections of all places where work is undertaken in connection with

this Agreement. Webster shall be required to keep such books and records available for

such purpose in accordance with Texas state law regarding the records management and

the records retention requirements of the Grant Program, provided that the retention

period shall not be less than four years.

6.04 Webster agrees to make all data, reports, records, books, paper, documents and all other

information in any form, electronically produced or otherwise, that are prepared,


collected or assembled for and during performance of this Agreement, concerning,

derived from or as a result of the Grant, available to the City and the City Controller,

through any authorized representative, within a reasonable time upon request in

accordance with the terms of this Agreement and all local, state and federal requirements.

ARTICLE VII

INSURANCE AND LIABILITY 7.01 The City and Webster are both governed by the Texas Tort Claims Act, §101.001 et

seq., as amended, Texas Civil Practice and Remedies Code Ann., (Vernon 2011 & Supp.

2016) which sets forth certain limitations and restrictions on the types of liability and the

types of insurance coverage that can be required of the City and Webster. Each party to

this Agreement warrants and represents that it is insured under a commercial insurance

policy or self-insured for all claims falling within the Texas Tort Claims Act.

7.02 Each party to this Agreement agrees that it shall have no liability whatsoever for the

actions or omissions of an individual employed by another party, regardless of where the

individual’s actions occurred to the extent permitted by Texas law. Each party is solely

responsible for the actions and/or omissions of its employees and officers, to the extent

permitted by Texas Law.

ARTICLE VIII COMPLIANCE WITH EQUAL OPPORTUNITY LAWS

8.01 To the extent required by law, Webster shall comply with all applicable laws, standards,

orders and regulations regarding equal employment which are applicable to Webster’s

performance of this Agreement, including Rules of Practice for Administrative


Proceeding to Enforce Equal Opportunity under Executive Order No. 11246, title 41,

subtitle B, Chapter 60, part 60-30, which are incorporated herein by reference.

ARTICLE IX

WRITTEN AMENDMENTS 9.01 Unless otherwise specified, this Agreement may be amended only by written instrument

executed on behalf of the City and Webster (by authority of ordinances adopted by the

respective City Councils).

ARTICLE X

LEGAL CONSTRUCTIONS

10.01 In case any one or more of the provisions contained in this Agreement shall be held to be

invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or

unenforceability shall not affect any other provision thereof and this Agreement shall be

construed as if such invalid, illegal, or unenforceable provision had never been contained

herein.

ARTICLE XI ENTIRE AGREEMENT

11.01 This Agreement supersedes all other agreements, either oral or in writing between the

parties hereto with respect to the subject matter hereof, and no other agreement,

statement, or promise relating to the subject matter of this Agreement, which is not

contained herein, shall be valid or binding.


ARTICLE XII LIABILITY

12.01 Each party to this agreement shall be responsible for its own acts of negligence. Where

any injury or property damage results from the joint or concurring negligence of the

parties, liability, if any, shall be shared by each party based on comparative responsibility

in accordance with the applicable laws of the State of Texas, subject to all defenses,

including governmental immunity. These provisions are solely for the benefit of the

parties hereto and not for the benefit of any person or entity not a party to this agreement;

nor shall any provisions in this agreement be deemed a waiver of any defenses available

by law.

ARTCILE XIII.

NOTICES

13.01 Each party giving any notice or making any request, demand, or other

communication (each, a “Notice”) pursuant to this Agreement shall do so in writing with

postage and all fees prepaid.

13.02 Each party giving a Notice shall address the Notice to the receiving party at the address

listed below or to another address designated by a party in a Notice pursuant to this

Section:

Webster:

With a copy to:


City: Houston Police Department 1200 Travis Houston, Texas 77002 Internet Crimes Against Children Attention: Sargent in Charge

13.03 A Notice is effective only if the party giving or making the Notice has complied with

subsections 13.01 and 13.02 and if the addressee has received the Notice. A Notice

is deemed received as follows:

13.03.01 If the Notice is delivered in person, or sent by registered or

certified mail or a nationally recognized overnight courier, upon

receipt as indicated by the date on the signed receipt.

13.03.02 If the addressee rejects or otherwise refuses to accept the Notice, or

if the Notice cannot be delivered because of a change in address

for which no Notice was given, then upon the rejection, refusal, or

inability to deliver.

ARTICLE XIV ASSURANCES

14.01 By signing below, Webster makes the certifications and assurances as required in

Exhibit “C” Assurances.


EXECUTED IN DUPLICATE ORIGINALS, EACH OF WHICH SHALL HAVE THE FULL

FORCE AND EFFECT OF AN ORIGINAL, ON THIS THE DATE COUNTERSIGNED.

CITY OF HOUSTON, TEXAS

ATTEST/SEAL: APPROVED: ____________________________________ ______________________________ Anna Russell, City Secretary Sylvester Turner, Mayor APPROVED: COUNTERSIGNED BY: Art Acevedo, Houston Police Chief Chris Brown, City Controller APPROVED AS TO FORM: DATE COUNTERSIGNED: ____________________________________ ___________________________________ Senior Assistant City Attorney Date L. D. No. 062170043001


WEBSTER POLICE DEPARTMENT

APPROVED: __________________________________ __________________, City Manager __________________________________ _________________________________ __________________, Police Chief APPROVED AS TO FORM: __________________________________


EXHIBIT “A”

WEBSTER POLICE DEPARTMENT

(1) Investigator/Detective from Webster Police Department (for the period beginning March 1, 2017 until February 28, 2018).

(Salary and benefits funded at 70% grant / 30% Webster based upon $73,300 salary and $42,350.00 benefits = $115,650 (+/-) 70% of $115,650.00 = $80,955.00 / 12 months = $6,746.00 per month x 12 months = $80,955.00)

Salary/Benefits $80,955.00

Lease Car @ $696 per month x 12months $8,352.00

Fuel @ $300 per month x 12 months $3,600.00

Overtime estimated @ $500 per month x 12 months $6,000.00

Lump sum for training (registration, lodging, airfare, etc.) $2,500.00

Lump sum for equipment (computer, hard drives, etc.) $2,500.00

Total $103,907.00


EXHIBIT “B”

Scope of Services

WEBSTER POLICE DEPARTMENT DETECTIVE (1) This WPD Detective will work with the members of this grant serving as a liaison between

members of this unit, WEBSTER POLICE DEPARTMENT and other local, state and federal law

enforcement agencies. This Detective will actively participate in investigations conducted by

members of this grant that overlap local law enforcement’s jurisdictional lines in the State of Texas.

This Detective will assist local law enforcement officers in investigating child exploitation crimes

that involve the use of the internet.


EXHIBIT “C”

ASSURANCES

NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified

As the duly authorized representative of the applicant, I certify that the applicant:

1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management and completion of the project described in this application,

2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives.

3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.

5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F).

6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U,S.C,§§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation

Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended. (42.1). S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office, and Treatment Act of 1972 (P,L, 92-255), as amended, relating to nondiscrimination on the, basis of drug-abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation. Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd- 3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 at seq.)., as amended, relating to nondiscrimination in the sale, rental or financing of housing; (1) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application.

7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases.

8. Will comply, as applicable, with provisions of the • Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.


9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C, §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327333), regarding labor standards for federally-assisted construction sub-agreements.

10. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq,); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93205),

11. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting

components or potential components of the national wild and scenic rivers system.

12. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.).

13. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and

related activities supported by this award of assistance.

14. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance.

15. Will comply with the Lead-Based Paint Poisoning. Prevention Act (42 U.S.C. §§4801 et seq.) which

prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

16. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations."

17. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies

governing this program.

18. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S,C. 7104) which prohibits grant award recipients or a sub-recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award.


HOUSTON INTERNET CRIMES AGAINST CHILDREN

SPECIAL CONDITION

ASSURANCES CERTIFICATION I certify that the programs proposed in this application meet all the requirements of the Texas Trusted Programs within the office of the Governor, that all the information presented is correct, and that the applicant will comply with the rules of the Houston Internet Crimes Against Children and all other applicable federal and state laws, regulations, and guidelines. By appropriate language incorporated in each grant, sub-grant, or other document under which funds are to be disbursed, the undersigned shall assure that the foregoing assurances above apply to all recipients of assistance. Webster Authorized Official Date

HOUSTON INTERNET CRIMES AGAINST CHILDREN


SPECIAL CONDITION

ASSURANCES CERTIFICATION I certify that the programs proposed in this application meet all the requirements of the Texas Programs within the office of the Governor, that all the information presented is correct, and that the applicant will comply with the rules of the Houston Internet Crimes Against Children and all other applicable federal and state laws, regulations, and guidelines. By appropriate language incorporated in each grant, subgrant, or other document under which funds are to be disbursed, the undersigned shall assure that the foregoing assurances above apply to all recipients of assistance. Sylvester Turner, Mayor Date City of Houston

Item 9

CITY COUNCIL AGENDA

CITY COUNCIL MEETING DATE: October 17, 2017 AGENDA ITEM: Consideration/Action to approve the purchase of three replacement vehicles from Caldwell Country Chevrolet in the amount of $96,116.00. PURPOSE STATEMENT: The purpose of this item is to replace three vehicles which have exceeded their useful lives and have been funded through the Equipment Replacement Fund. SUMMARY/BACKGROUND (WHY): This is a request to purchase two 2018 Chevrolet Traverse, one each for IT and Public Works; and one 2018 Chevrolet Tahoe for City Hall Staff. These vehicles will replace three vehicles that have exceeded their useful life. Caldwell Country Chevrolet has provided contract pricing for the proposed vehicles. The appropriations for this expenditure were approved by City Council in the FY 2017-2018 budget, and are fully funded by the Equipment Replacement Fund.

Description Quantity Unit Price Total 2018 Chevrolet Traverse 2 $ 28,591.00 $ 57,182.00 2018 Chevrolet Tahoe 1 $ 38,334.00 $ 38,334.00 H-GAC Order Processing Charge Contract #VE11-15 1 $ 600.00 $ 600.00 Total $ 96,116.00

Three vehicles will be auctioned upon receipt of the new vehicles. STAFF RECOMMENDATIONS: Staff recommends approval of the purchase of three vehicles from Caldwell Country Chevrolet for a total cost of $96,116.00. EXPENDITURE: $96,116.00 FUNDING SOURCE: Fund 08 – Equipment Replacement Fund AMOUNT BUDGETED: $125,000.00 FINANCE DEPT. APPROVAL: William Michael Rodgers, CPA

PRIORITY/CAPITAL IMPROVEMENT PROGRAM: YES ___ NO x PREPARED BY: John D. Warnement, Assistant Director of Public Works APPROVAL BY DEPT. DIRECTOR: Shannon Hicks, Director of Public Works APPROVAL BY CITY MANAGER: _____________________________ ATTACHMENTS: Caldwell Country Chevrolet HGAC Traverse Quote Caldwell Country Chevrolet HGAC Tahoe Quote

Item 10

CITY COUNCIL AGENDA


DATE: October 17, 2017 AGENDA ITEM: Consideration/Action to accept the dedication of 0.0218 acre (949 square feet) to the City of Webster as public right-of-way for the NASA Road 1 Bikeway project. PURPOSE STATEMENT: The NASA Road 1, also known as NASA Parkway, Bikeway Project was selected for funding by the Texas Transportation Commission in 2013. The majority of the Bikeway will be constructed in Texas Department of Transportation’s (TxDOT’s) right-of-way. A parcel of 0.0218 acre (949 square feet) on the north side of NASA Parkway that is owned by PS Partners, Ltd., a California limited partnership that owns Public Storage located at 20602 Gulf Freeway, is required to complete this project. SUMMARY/BACKGROUND (WHY): The NASA Parkway corridor provides access for both pedestrian and bicycle travel and would link existing bike lanes. This gap-filler project will provide direct and convenient access to existing bikeways and connect 12 miles of bike accommodations with existing bikeways to the east. With the completion of this project, the entire FM 528/NASA Parkway corridor from SH 35 to SH 146 will be signed as a bike route. TxDOT anticipates letting this project in January 2018 with construction to begin in the spring of 2018.

STAFF RECOMMENDATIONS: Staff recommends City Council’s acceptance of 0.0218 acre to the City of Webster for public right-of-way for the NASA Road 1 Bikeway project.

EXPENDITURE: ______________________FUNDING SOURCE: _______________________ AMT. BUDGETED: ___________________FINANCE DEPT. APPROVAL: ______________

PRIORITY/CAPITAL IMPROVEMENT PROGRAM: YES________NO ________________

PREPARED BY: Karen Coglianese, Economic Development Specialist and Transportation Liaison APPROVAL BY DEPT. DIRECTOR: Dr. Betsy Giusto APPROVAL BY CITY MANAGER: ________________________________________

ATTACHMENTS:

• Special Warranty Deed • Exhibit A: Parcel Plat • Aerial Map depicting PS Partners, Ltd. parcel

Item 11

CITY COUNCIL AGENDA


DATE: October 17, 2017 AGENDA ITEM: Consideration/Action to adopt a resolution appointing the City’s representative and alternate representative to the Houston-Galveston Area Council’s (H-GAC) 2018 General Assembly. PURPOSE STATEMENT: Pursuant to H-GAC’s Bylaws, each member home rule city with a population under 25,000 as of the last (2010) Federal Census is entitled to designate one representative and one alternate to the H-GAC General Assembly annually. SUMMARY/BACKGROUND (WHY): The Houston-Galveston Area Council is a member of the Texas Association of Regional Councils. Its service area is 12,500 square miles and contains more than 6 million people in Southeast Texas. H-GAC is the regional organization through which local governments consider issues and cooperate in solving area-wide problems. Through H-GAC, local governments also initiate efforts in anticipating and preventing problems. H-GAC provides planning programs in most areas of shared governmental concern. All H-GAC programs are carried out under the policy direction of H-GAC’s local elected official Board of Directors. H-GAC is made up of the region's local governments and their elected officials. The organization works with public and private sector organizations and a host of volunteers. Webster’s Representative for 2017 is Martin Graves. Webster’s Alternate Representative for 2017 is Larry Tosto. A dinner meeting of Home Rule City representatives is scheduled for the evening of November 2 and the H-GAC Board of Directors representatives will report on this year’s activities and look ahead to issues and progress in 2018. STAFF RECOMMENDATIONS: Appoint a Representative and an Alternate to the H-GAC 2018 General Assembly. EXPENDITURE: N/A FUNDING SOURCE: N/A AMOUNT BUDGETED: N/A FINANCE DEPT. APPROVAL: N/A PRIORITY/CAPITAL IMPROVEMENT PROGRAM: YES ___ NO ___ PREPARED BY: Crystal Roan

APPROVAL BY CITY MANAGER: ATTACHMENTS: 1. Proposed Resolution

RESOLUTION NO. 17-_____

A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF WEBSTER, TEXAS DESIGNATING THE REPRESENTATIVE AND ALTERNATE TO THE HOUSTON-GALVESTON AREA COUNCIL 2018 GENERAL ASSEMBLY.

BE IT RESOLVED, by the Mayor and City Council of Webster, Texas, that ______________________

be, and is hereby designated as its Representative to the GENERAL ASSEMBLY of the Houston-

Galveston Area Council for the year 2018.

FURTHER, that the Official Alternate authorized to serve as the voting representative should the

hereinabove named representative become ineligible, or should he/she resign, is

_________________________.

THAT, the Executive Director of the Houston-Galveston Area Council be notified of the designation of

the hereinabove named representative and alternate.

PASSED, APPROVED AND ADOPTED, this 17th day of October 2017.

_____________________________________ Donna Rogers, Mayor ATTEST: ____________________________________ Crystal Roan

City Secretary

Item 12

CITY COUNCIL AGENDA

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 551.074, to deliberate regarding the appointment,

employment, evaluation, reassignment, duties, discipline, or dismissal of the Municipal Court Judge and Associate Judges.

Item 13

CITY COUNCIL AGENDA

Reconvene into regular session and consider action, IF ANY, on item discussed in

Executive Session.

Item 14

CITY COUNCIL AGENDA

MINUTES City Council Regular Meeting

101 Pennsylvania, Webster, Texas September 19, 2017

6:00 P.M. 1. Call to Order.

Mayor Donna Rogers called the meeting to order at 6:00 p.m. 2. Invocation and Pledge of Allegiance.

Councilmember Larry Tosto gave the Invocation and Mayor Rogers led the Pledge of Allegiance.

3. Roll Call and Certification of a Quorum. City Secretary Crystal Roan called the roll and certified a quorum. Present were Mayor Donna Rogers, Councilmembers Jennifer Heidt, Andrea Wilson, Larry Tosto, Beverly Gaines, Edward Lapeyre, and Martin Graves. Others present included City Manager Wayne Sabo, Director of Community Development Derhyl Hebert, Director of Finance and Administration Mike Rodgers, Director of Economic Development Betsy Giusto, Fire Chief Patrick Shipp, Director of Human Resources Carmen Williams, Director of Public Works Shannon Hicks, and City Attorney Dick Gregg, Jr.

4. Proclamations and Special Recognitions.

There were none.

5. Requests or Petitions from the Public. There were none.

6. PUBLIC HEARING to receive all comments regarding the Fiscal Year 2017-18

Proposed Annual Budget for the City of Webster, Texas. THIS BUDGET WILL RAISE MORE TOTAL PROPERTY TAXES THAN LAST YEAR’S BUDGET BY $644,927 OR 11.08%, AND OF THAT AMOUNT, $155,065 IS TAX REVENUE TO BE RAISED FROM NEW PROPERTY ADDED TO THE TAX ROLL THIS YEAR. (Webster Charter Section 8.03 and Texas Local Government Code Section 102.006) Mayor Rogers read the caption. Councilmember Gaines moved to open the Public Hearing at 6:01 p.m. Councilmember Tosto seconded the motion. AYES: Rogers, Heidt, Wilson, Tosto, Gaines, Lapeyre, Graves. NOES: None. The motion carried. Mayor Rogers called three times for any comments from the Public. There were none.

City of Webster City Council Meeting Minutes September 19, 2017

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Councilmember Gaines moved to close the Public Hearing at 6:02 p.m. Councilmember Wilson seconded the motion. AYES: Rogers, Heidt, Wilson, Tosto, Gaines, Lapeyre, Graves. NOES: None. The motion carried.

7. PUBLIC HEARING on the fiscal year 2017-18 (2017 tax year) proposed ad valorem tax

rate of $0.31725/$100 of taxable value, which is effectively an 8.47 percent increase in the tax rate. THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR’S RATE. THE TAX RATE WILL EFFECTIVELY BE RAISED BY 14.90 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $39.24. (Texas Tax Code Section 26.05.) Mayor Rogers read the caption. Councilmember Gaines moved to open the Public Hearing at 6:02 p.m. Councilmember Lapeyre seconded the motion. AYES: Rogers, Heidt, Wilson, Tosto, Gaines, Lapeyre, Graves. NOES: None. The motion carried. Mayor Rogers called three times for any comments from the Public. There were none. Councilmember Gaines moved to close the Public Hearing at 6:03 p.m. Councilmember Graves seconded the motion. AYES: Rogers, Heidt, Wilson, Tosto, Gaines, Lapeyre, Graves. NOES: None. The motion carried.

Mayor Rogers announced that City Council will vote on the tax rate on October 2, 2017 at 6 p.m. in the Council Chambers of City Hall, located at 101 Pennsylvania Avenue, Webster, Texas.

8. PUBLIC HEARING to receive all comments regarding the proposed Special Use Permit

request for an itinerant vender’s permit for a Christmas Tree Lot at 17611 Old Galveston Road, Webster, Texas. (Zoning Ordinance Chapter 98; Sec. 98-212) Mayor Rogers read the caption. Councilmember Gaines moved to open the Public Hearing at 6:04 p.m. Councilmember Lapeyre seconded the motion.


3

AYES: Rogers, Heidt, Wilson, Tosto, Gaines, Lapeyre, Graves. NOES: None. The motion carried. Mayor Rogers called three times for any comments from the Public. There were none. Councilmember Gaines moved to close the Public Hearing at 6:05 p.m. Councilmember Wilson seconded the motion. AYES: Rogers, Heidt, Wilson, Tosto, Gaines, Lapeyre, Graves. NOES: None. The motion carried.

9. PUBLIC HEARING to receive all comments regarding the proposed rezoning of

property within the City of Webster located at 505 Bay Area Boulevard from O (Office) to C-3 (Third Commercial District). (Zoning Ordinance Chapter 98; Sec. 98-212) Mayor Rogers read the caption. Councilmember Gaines moved to open the Public Hearing at 6:05 p.m. Councilmember Wilson seconded the motion. AYES: Rogers, Heidt, Wilson, Tosto, Gaines, Lapeyre, Graves. NOES: None. The motion carried. Mayor Rogers called three times for any comments from the Public. There were none. Councilmember Gaines moved to close the Public Hearing at 6:06 p.m. Councilmember Wilson seconded the motion. AYES: Rogers, Heidt, Wilson, Tosto, Gaines, Lapeyre, Graves. NOES: None. The motion carried.

OLD BUSINESS

10. CONSIDERATION/ACTION to adopt an ordinance of which the caption reads:

AN ORDINANCE OF THE CITY OF WEBSTER FOR THE PROPOSED PLANNED DEVELOPMENT GUIDELINES FOR AN OVER 55 APARTMENT COMPLEX, ON PROPERTY GENERALLY LOCATED 1427 FARM TO MARKET ROAD 528; AND ALSO FINDING THAT ALL PROPER NOTICES HAVE BEEN GIVEN AND PUBLIC HEARINGS HELD; REPEALING INCONSISTENT ORDINANCES; CONTAINING A SAVINGS CLAUSE; AND


4

PROVIDING FOR THE EFFECTIVE DATE THEREOF. This is the SECOND of two readings. City Attorney Dick Gregg Jr. read the caption of the proposed ordinance.

Councilmember Lapeyre moved to approve the second reading of the proposed ordinance as captioned. Councilmember Wilson seconded the motion. AYES: Rogers, Heidt, Wilson, Tosto, Gaines, Lapeyre. NOES: Graves. The motion carried. Ordinance No. 17-06 is adopted.


AN ORDINANCE OF THE CITY OF WEBSTER, TEXAS, ADOPTING AND ESTABLISHING CHARGES FOR THE PROVISION OF UTILITY SERVICES; REPEALING OTHER SUCH FEE SCHEDULES HERETOFORE ADOPTED BY ORDINANCE, RESOLUTION OR MOTION OF THE CITY COUNCIL; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

This is the SECOND of two readings. City Attorney Dick Gregg Jr. read the caption of the proposed ordinance.

Councilmember Graves moved to approve the second reading of the proposed ordinance as captioned. Councilmember Wilson seconded the motion. AYES: Rogers, Heidt, Wilson, Tosto, Gaines, Lapeyre, Graves. NOES: None. The motion carried. Ordinance No. 17-07 is adopted.

NEW BUSINESS

12. CONSIDERATION/ACTION to ratify the increase in total property tax revenue as

reported in the Fiscal Year 2017-18 Annual Budget for the City of Webster, Texas. (Local Government Code 102.007) Mayor Rogers read the caption. Director of Finance and Administration Mike Rodgers gave an overview. He stated that the Fiscal Year 2017-18 Annual Budget incorporates an increase to the total property tax rate revenue in the amount of $644,927. He stated that the proposed tax rate of 31.725 cents/$100 is greater than the effective tax rate, but lower than the rollback tax rate of 31.926 cents/$100. Mr. Rodgers stated that when adopting a budget that raises more property tax revenue than the previous year, Section 102.007 of the Local Government Code requires a separate vote of the governing body to ratify the property tax increase reflected in the budget.


5

Councilmember Graves moved to ratify the increase in total property tax revenue as reported in the Fiscal Year 2017-18 Annual Budget for the City of Webster, Texas. Councilmember Lapeyre seconded the motion. AYES: Rogers, Heidt, Wilson, Tosto, Gaines, Lapeyre, Graves. NOES: None. The motion carried.


AN ORDINANCE OF THE CITY OF WEBSTER, TEXAS, ADOPTING THE FISCAL YEAR 2017-18 ANNUAL BUDGET FOR THE CITY OF WEBSTER, TEXAS; APPROPRIATING THE SUMS FOR THE PURPOSES THEREIN NAMED; DIRECTING THE CITY SECRETARY TO FILE COPIES OF THIS ORDINANCE AND OF SUCH BUDGET WITH THE COUNTY CLERK OF HARRIS COUNTY, TEXAS; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH.

This is the first and only reading. City Attorney Dick Gregg Jr. read the caption of the proposed ordinance.

Director of Finance and Administration Mike Rodgers gave an overview of the revisions that were made to the budget that was presented to City Council on July 18, 2017. He stated that as submitted, the budget includes total resources of $41,254,220 and expenditures of $39,145,780, including use of fund balance; transfer between funds; and activities within the Webster Economic Development Corporation. Council discussed the budget revisions and the Capital Improvement Projects. Councilmember Lapeyre moved to approve the first and only reading of the proposed ordinance as captioned. Councilmember Graves seconded the motion. AYES: Rogers, Heidt, Wilson, Gaines, Lapeyre, Graves. NOES: None. The motion carried. Ordinance No. 17-08 is adopted.


AN ORDINANCE OF THE CITY OF WEBSTER AMENDING THE ZONING CLASSIFICATION OF APPROXIMATELY 0.592 ACRES LOCATED AT 505 BAY AREA BOULEVARD FROM O (OFFICE) TO C-3 (THIRD COMMERCIAL DISTRICT), AND ALSO FINDING THAT ALL PROPER NOTICES HAVE BEEN GIVEN AND PUBLIC HEARINGS HELD; REPEALING INCONSISTENT ORDINANCES; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.


6

This is the FIRST of two readings. (Zoning Ordinance Chapter 98; Sec. 98-45) City Attorney Dick Gregg Jr. read the caption of the proposed ordinance.

City Planner Evan DuVall gave an overview of the application and introduced Hussain Nathoo, Orangestone Capital . Mr. DuVall stated that an application was received for a zone change from O (Office) to C-3 (Third Commercial District). He stated that the applicant proposes to utilize this land for increased development for his adjacent properties, including a possible plan for a gas station. Mr. DuVall stated that the Planning and Zoning Commission unanimously recommended approval at their meeting held on September 6, 2017. Council discussed the project. Mr. Nathoo gave an overview of the project and timeline for completion of the project.

Councilmember Wilson moved to approve the first reading of the proposed ordinance as captioned. Councilmember Lapeyre seconded the motion. AYES: Rogers, Heidt, Wilson, Tosto, Gaines, Lapeyre, Graves. NOES: None. The motion carried.

15. CONSIDERATION/ACTION to approve the proposed Special Use Permit request

for an itinerant vendor’s permit for a Christmas Tree Lot at 17611 Old Galveston Road, Webster Texas. (Zoning Ordinance Chapter 98; Sec. 98-122) Mayor Rogers read the caption.

City Planner Evan DuVall gave an overview of the Special Use Permit request. Mr. DuVall stated that this request is for a 400-foot by 100-foot area on Union Pacific right-of-way accessed from Commerce Street. He stated that the applicant has requested to sell Christmas trees beginning on the Wednesday before Thanksgiving and closing on Christmas Eve. He also stated that the Planning and Zoning Commission recommended conditional approval by a 4 to 1 vote at their meeting held on September 6, 2017. He stated that the recommended conditions are as follows, (1) The proposed building shall conform to the submitted site plan (minor changes may occur during construction including the relocation of tents if needed); (2) This Special Use Permit will expire after five Christmas seasons; (3) The Christmas Tree Lot must not commence sales prior to the Wednesday before Thanksgiving; and (4) This proposal must satisfy all Building and Fire Department requirements. Council discussed the permit request. Councilmember Gaines moved to approve this item with the following recommended conditions, (1) The proposed building shall conform to the submitted site plan (minor


7

changes may occur during construction including the relocation of tents if needed); (2) This Special Use Permit will expire after five Christmas Seasons; (3) The Christmas Tree Lot must not commence sales prior to the Wednesday before Thanksgiving; and (4) This proposal must satisfy all Building and Fire Department requirements. Councilmember Lapeyre seconded the motion.

AYES: Rogers, Heidt, Wilson, Tosto, Gaines, Lapeyre, Graves. NOES: None. The motion carried.


AN ORDINANCE OF THE CITY OF WEBSTER, TEXAS, ADOPTING AMENDMENT NO. 2 TO THE BUDGET OF THE CITY OF WEBSTER, TEXAS, FOR THE FISCAL YEAR 2016 - 2017; BY PROVIDING DETAILED LINE INCREASES; BY MAKING SUPPLEMENTAL APPROPRIATIONS; DECLARING THIS A MATTER OF PUBLIC NECESSITY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.

This is the first and only reading. (Webster Charter Section 8.4)

City Attorney Dick Gregg Jr. read the caption of the proposed ordinance.

Director of Finance and Administration Mike Rodgers gave an overview of the proposed amendments. He stated that certain expenditures were not appropriated in the original proposed Fiscal Year 2016-17 Annual Budget. He stated Amendment Item 1 related to the City Secretary Division; Amendment Item 2 related to the Finance Division; Amendment Item 3 related to the Human Resources Division; Amendment Item 4 related to the Police Communications Division; Amendment Item 5 related to the Equipment Replacement Fund; Amendment Item 6 related to the Utility Interest and Sinking Fund; Amendment Item 7 related to Hurricane Harvey. Council discussed the expenses and FEMA reimbursements related to Hurricane Harvey. Mayor Rogers requested an After Action Report for Hurricane Harvey, including employee hours worked during the event. Councilmember Lapeyre moved to approve the first and only reading of the proposed ordinance as captioned. Councilmember Wilson seconded the motion. AYES: Rogers, Heidt, Wilson, Tosto, Gaines, Lapeyre, Graves. NOES: None. The motion carried. Ordinance No. 17-09 is adopted.


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17. CONSIDERATION/ACTION to approve and authorize the Mayor to execute a contract for Temporary Labor Services. Mayor Rogers read the caption.

Assistant Public Works Director John Warnement gave an overview. He stated that the Public Works Department supplements the Parks Maintenance Division with temporary laborers to assist in maintaining City parks, facility grounds, and rights-of-ways. Mr. Warnement stated that the current contractor, At Work Staffing, Inc., has provided this service since April 2011. He stated that the mark-up for their services does not change with this new agreement.

Councilmember Tosto moved to approve and authorize the Mayor to execute a contract for temporary labor services with At Works Staffing, Inc. Councilmember Wilson seconded the motion. AYES: Rogers, Heidt, Wilson, Tosto, Gaines, Lapeyre, Graves. NOES: None. The motion carried.

18. CONSIDERATION/ACTION to award the bid for a Mowing Services Contract from

the bids opened on August 24, 2017. Mayor Rogers read the caption. Assistant Public Works Director John Warnement gave an overview. He stated that six proposals were received from the bids opened on August 24, 2017. Mr. Warnement stated that the City’s current contractor, Horticare Lawn Maintenance, submitted the low bid of $64,334, with an annual increase of 3%. Council discussed the bids received and maintenance of the additional trees on NASA Parkway. Councilmember Wilson moved to award the bid for a Mowing Services Contract to Horticare Lawn Maintenance for an initial annual cost of $64,334, an alternate of $68 per hour for extra work, and the allowance of a 3% increase in each of the subsequent four years. Councilmember Tosto seconded the motion. AYES: Rogers, Heidt, Wilson, Tosto, Gaines, Lapeyre, Graves. NOES: None. The motion carried.

19. CONSIDERATION/ACTION to amend the Webster Economic Development

Corporation Fiscal Year 2016-17 Annual Budget (WEDC Budget Amendment #1). Mayor Rogers read the caption.

Director of Finance and Administration Mike Rodgers gave an overview of the proposed amendments. He stated that the Board of Directors of the Webster Economic Development


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Corporation amended its annual budget for Fiscal Year 2016-17 on on July 12, 2016. He stated that the annual budget must be amended to encompass the unanticipated expenditures that have occurred during the year. Mr. Rodgers stated that Amendment Item 1 related to Interest Income and Land Sale; Amendment Item 2 related to Attorney Fees and General Insurance; Amendment Item 3 related to Destination Development Infrastructure; and Amendment Item 4 related to Debt Service. Councilmember Graves moved to approve this item as captioned. Councilmember Wilson seconded the motion.


20. CONSIDERATION/ACTION to approve the purchase and installation of trees and

irrigation system from EDS Landscaping in the amount of $99,100.00. Mayor Rogers read the caption. Assistant Public Works Director John Warnement gave an overview. He stated that approval of this item will provide for enhancement of the medians from 100 to 600 East NASA Parkway (between State Highway 3 and Sarah Deel/Water Street). He stated that Staff budgeted for the planting of trees and irrigation system installation. Mr. Warnement stated that Staff presented a design proposal to the Parks, Recreation, and Beautification Board at their meeting on April 12, 2017. The design proposal included planting 10 Texas Ash Trees and 61 Texas Wild Olive Trees, to provide color throughout the year. He stated that the Board unanimously approved the planting proposal. Mr. Warnement stated that two quotes were received, one being a BuyBoard quote from Yellowstone Landscape in the amount of $159,327.68, warrantying trees and irrigation for one year. The other bid received was from EDS Landscaping in the amount of $99,100; warrantying trees for one year and the irrigation system for three years. Council discussed possible traffic hazards, landscaping maintenence, and the irrigation system. Councilmember Gaines moved to approve the purchase and installation of trees and irrigation system from EDS Landscaping in the amount of $99,100. Councilmember Lapeyre seconded the motion. AYES: Rogers, Heidt, Wilson, Tosto, Gaines, Lapeyre. NOES: Graves. The motion carried.

21. CONSIDERATION/ACTION to approve and authorize the Mayor to execute an interlocal agreement with the High Intensity Drug Trafficking Area (HIDTA) for the purpose of fighting the illegal drug trafficking trade. Mayor Rogers read the caption.


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Assistant Police Chief Bo Rogers gave an overview of the agreement. He stated that the DEA Task Force is a Federal Office comprised of Special Agents from DEA, officers from other local municipalities, and county agencies throughout the area. Chief Rogers stated that this agreement would fund the reimbursement of overtime for the assigned officer up to $18,042. He also stated that the grant will be effective from October 1, 2017 to September 30, 2018. Councilmember Wilson moved to approve this item as captioned. Councilmember Tosto seconded the motion. AYES: Rogers, Heidt, Wilson, Tosto, Gaines, Lapeyre, Graves. NOES: None. The motion carried.

22. CONSIDERATION/ACTION to approve the minutes:

●Regular Meeting of September 5, 2017. Mayor Rogers read the caption. Councilmember Graves moved to approve this item as captioned. Councilmember Lapeyre seconded the motion. AYES: Rogers, Heidt, Wilson, Tosto, Gaines, Lapeyre, Graves.

NOES: None. The motion carried. 23. Excused Absences.

There were none. 24. Agenda Requests from Councilmembers.

There were none.

25. Reports or Requests from the City Manager. ●Calendar of Events

City Manager Sabo announced the flu shots on October 2 and the Boards and Commissions Dinner on October 19.


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26. Adjournment. There being no further business, Mayor Rogers adjourned the meeting at 6:59 p.m.

PASSED, APPROVED and ADOPTED this the 17th day of October 2017. ________________________ Donna Rogers, Mayor ATTEST: ________________________ Crystal Roan, TRMC, CMC City Secretary

MINUTES City Council Special Meeting

101 Pennsylvania, Webster, Texas September 26, 2017


Mayor Donna Rogers called the meeting to order at 6:00 p.m. 2. Roll Call and Certification of a Quorum.

City Secretary Crystal Roan called the roll and certified a quorum. Present were Mayor Donna Rogers, Councilmembers Jennifer Heidt, Andrea Wilson, Larry Tosto, Beverly Gaines, Edward Lapeyre, and Martin Graves. Others present included City Manager Wayne Sabo, Director of Community Development Derhyl Hebert, Director of Finance and Administration Mike Rodgers, Police Chief Danny Presley, Director of Economic Development Betsy Giusto, Fire Chief Patrick Shipp, Director of Human Resources Carmen Williams, and Dick Gregg III.

3. PUBLIC HEARING on the fiscal year 2017-18 (2017 tax year) proposed ad valorem

tax rate of $0.31725/$100 of taxable value, which is effectively an 8.47 percent increase in the tax rate. THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR’S RATE. THE TAX RATE WILL EFFECTIVELY BE RAISED BY 14.90 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $39.24. (Texas Tax Code Section 26.05.) Mayor Rogers read the caption. Councilmember Gaines moved to open the Public Hearing at 6:01 p.m. Councilmember Lapeyre seconded the motion. AYES: Rogers, Heidt, Wilson, Tosto, Gaines, Lapeyre, Graves. NOES: None. The motion carried. Mayor Rogers called three times for any comments from the Public. There were none. Councilmember Gaines moved to close the Public Hearing at 6:02 p.m. Councilmember Wilson seconded the motion. AYES: Rogers, Heidt, Wilson, Tosto, Gaines, Lapeyre, Graves. NOES: None. The motion carried.

City of Webster City Council Special Meeting Minutes September 26, 2017

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Mayor Rogers announced that City Council will vote on the tax rate on October 2, 2017 at 6 p.m. in the Council Chambers of City Hall, located at 101 Pennsylvania Avenue, Webster, Texas.

4. 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 551.074, to deliberate regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Municipal Court Judge and Associate Judges.

B. Section 551.074, to deliberate regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager.

C. Section 551.074, to deliberate regarding the appointment, employment,

evaluation, reassignment, duties, discipline, or dismissal of the City Secretary.

Mayor Rogers read the caption. Councilmember Gaines moved to go into Executive Session at 6:03 p.m. Councilmember Wilson seconded the motion. AYES: Rogers, Heidt, Wilson, Tosto, Gaines, Lapeyre, Graves. NOES: None. The motion carried. Councilmember Gaines moved to close the Executive Session at 7:12 p.m. Councilmember Wilson seconded the motion. AYES: Rogers, Heidt, Wilson, Tosto, Gaines, Lapeyre, Graves. NOES: None. The motion carried.

5. RECONVENE into regular session and consider action, IF ANY, on items discussed

in Executive Session. Council considered action on Item 6 and Item 7. 6. CONSIDERATION/ACTION regarding the City Manager’s annual performance

evaluation with the City of Webster. Mayor Rogers read the caption.

Councilmember Wilson moved to approve a 5% merit increase for the City Manager. Councilmember Gaines seconded the motion.

City of Webster City Council Special Meeting Minutes September 26, 2017

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7. CONSIDERATION/ACTION regarding the City Secretary’s annual performance

evaluation with the City of Webster. Mayor Rogers read the caption.

Councilmember Lapeyre moved to approve a 5% merit increase for the City Secretary. Councilmember Gaines seconded the motion. AYES: Rogers, Heidt, Wilson, Tosto, Gaines, Lapeyre, Graves. NOES: None. The motion carried.

8. Adjournment.

There being no further business, Mayor Rogers adjourned the meeting at 7:13 p.m.

PASSED, APPROVED and ADOPTED this the 17th day of October 2017. ________________________ Donna Rogers, Mayor ATTEST: ________________________ Crystal Roan, TRMC, CMC City Secretary

MINUTES City Council Special Meeting

101 Pennsylvania, Webster, Texas October 2, 2017


Mayor Donna Rogers called the meeting to order at 6:00 p.m. 2. Roll Call and Certification of a Quorum.

City Secretary Crystal Roan called the roll and certified a quorum. Present were Mayor Donna Rogers, Councilmembers Jennifer Heidt, Andrea Wilson, Larry Tosto, Beverly Gaines, Edward Lapeyre, and Martin Graves. Others present included City Manager Wayne Sabo, Director of Finance and Administration Mike Rodgers, Director of Economic Development Betsy Giusto, Director of Community Development Derhyl Hebert, and Director of Human Resources Carmen Williams.


AN ORDINANCE OF THE CITY OF WEBSTER, TEXAS, FIXING THE TAX RATE AND TAX LEVY FOR THE CITY OF WEBSTER, TEXAS, FOR THE 2017 TAX YEAR UPON ALL TAXABLE PROPERTY IN SAID CITY; AND PROVIDING FOR LIEN ON ALL REAL AND PERSONAL PROPERTY TO SECURE THE PAYMENT OF TAXES DUE THEREON.

This is the first and only reading. THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR’S RATE. THE TAX RATE WILL EFFECTIVELY BE RAISED BY 14.90 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $39.24. City Secretary Roan read the caption of the proposed ordinance. Director of Finance and Administration Mike Rodgers gave an overview. He stated that the City received its certified tax roll from Harris County Tax Office on August 21, 2017. Mr. Rodgers stated that the total taxable value of property located within the City of Webster is now $2,037,298,684. This represents a 2.2% increase to the 2016 adjusted taxable value of $1,991,886,928. Mr. Rodgers stated on September 5, 2017, City Council proposed an ad valorem tax rate for Fiscal Year 2017-18 in the amount of $0.31725/$100 of taxable value. He stated that this proposed rate exceeds the effective tax rate by 8.47 percent. He also stated that the proposed tax rate for maintenance and operations (M&O) exceeds the effective M&O rate by 14.90 percent. Mr. Rodgers stated that adopting at the proposed tax rate of $0.31725/$100 imposes taxes of $388.33 on the average home. Mr. Rodgers also stated that each component of the tax rate must be approved separately.

City of Webster City Council Special Meeting Minutes October 2, 2017

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Councilmember Wilson moved to adopt the 2017 ad valorem tax rate for debt service of $0.09176 per $100 of taxable value. Councilmember Tosto seconded the motion. AYES: Rogers, Heidt, Wilson, Tosto, Gaines, Lapeyre, Graves. NOES: None. The motion carried. Councilmember Lapeyre moved to adopt the 2017 ad valorem tax rate for maintenance and operations of $0.22549 per $100 of taxable value. Councilmember Wilson seconded the motion. AYES: Rogers, Heidt, Wilson Tosto, Gaines, Lapeyre, Graves. NOES: None. The motion carried. Councilmember Tosto moved that the property tax rate be increased by the adoption of a tax rate of $0.31725, which is effectively an 8.47 percent increase in the tax rate. Councilmember Wilson seconded the motion. AYES: Rogers, Heidt, Wilson, Tosto, Gaines, Lapeyre, Graves. NOES: None. The motion carried. Ordinance 17-10 is adopted.

4. CONSIDERATION/ACTION to adopt a resolution of which the caption reads: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEBSTER, TEXAS, NOMINATING A CANDIDATE FOR A POSITION ON THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT.

City Secretary Roan read the caption of the proposed resolution.

Councilmember Gaines moved to adopt a resolution nominating Mike Sullivan for a position on the Board of Directors of the Harris County Appraisal District. Councilmember Wilson seconded the motion.

AYES: Rogers, Heidt, Wilson, Tosto, Gaines, Lapeyre, Graves. NOES: None. The motion carried. Resolution No. 17-13 is adopted.

5. CONSIDERATION/ACTION to authorize the Mayor to execute a First Amendment

to Contract for Purchase and Sale of Property with Southbrook Corporation. Mayor Rogers read the caption. Assistant Public Works Director John Warnement gave an overview. Mr. Warnement stated that this purchase of the right-of-way would facilitate the construction of Genesis Boulevard. He stated that the acquisition that was approved on September 5, 2017 left a small strip of land orphaned from the parent tract. This amendment to the sales contract

City of Webster City Council Special Meeting Minutes October 2, 2017

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adds this orphaned land to the right-of-way purchase and increases the total purchase area by 4,724 square feet and increases the final contract amount to $99,363.30. Mr. Warnement also stated that possible minor changes to the final square footage prior to closing could occur, but the final sales price will be based on the agreed upon price of $1.70 per square foot. Councilmember Wilson moved to authorize the Mayor to execute a First Amendment to Contract with Southbrook Corporation for Purchase and Sale of Property with Southbrook Corporation, with the final price to reflect the actual surveyed area at $1.70 per square foot, plus closing costs. Councilmember Lapeyre seconded the motion. AYES: Rogers, Heidt, Wilson Tosto, Gaines, Lapeyre, Graves. NOES: None. The motion carried.

6. Adjournment. There being no further business, Mayor Rogers adjourned the meeting at 6:10 p.m.

PASSED, APPROVED and ADOPTED this the 17th day of October 2017.

________________________ Donna Rogers, Mayor ATTEST: ________________________ Crystal Roan, TRMC, CMC City Secretary

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