city council meeting agenda - City of Missouri City

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ALLEN OWEN Mayor JERRY WYATT Councilmember at Large Position 1 CHRIS PRESTON Councilmember at Large Position 2

the show me city

YOLANDA FORD Councilmember District A DON SMITH Councilmember District B ANTHONY G. MAROULIS Councilmember District C FLOYD EMERY Mayor Pro Tem Councilmember District D

CITY COUNCIL MEETING AGENDA Notice is hereby given of a meeting of the City Council of Missouri City to be held on Monday, August 21, 2017, at 7:00 p.m. at: City Hall, Council Chamber, 2nd Floor, 1522 Texas Parkway, Missouri City, Texas, 77489, for the purpose of considering the following agenda items. All agenda items are subject to action. The City Council reserves the right to meet in a closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. 1.

ROLL CALL

2.

PLEDGE OF ALLEGIANCE

3.

PRESENTATIONS AND RECOGNITIONS (a) Present the Clean Restaurant Award to local establishments.

4.

PUBLIC COMMENTS An opportunity for the public to address City Council on agenda items or concerns not on the agenda-those wishing to speak must complete the orange comment card, present the comment card to the City Secretary prior to the beginning of the meeting, and observe a three-minute time limit. 5.

STAFF REPORTS (a) City Manager announcements.

6.

CONSENT AGENDA All consent agenda items listed are considered routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a councilmember so requests; in which event, the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. Information concerning consent agenda items is available for public review. (a)

Consider approving the minutes of the special and regular City Council meetings of August 7, 2017.

(b)

Consider a proposed amendment to Section 8, PD Planned Development District, of Appendix A, Zoning Ordinance, of the Missouri City Code, to amend the rules and regulations relating to the timeframe that proof of notice must be sent to all of the other property owners within a PD district for a PD district amendment application; providing a penalty; and consider the ordinance on second and final reading.

(c)

Consider an ordinance changing the name of Sienna Christus Drive, a public street located in the City, to Sienna Crossing Drive; and consider the ordinance on the second and final reading.

(d)

Consider an ordinance amending Chapter 46, Infrastructure Standards, of the Missouri City Code; amending regulations relating to facilities in the public right-of-way; adding a new Article Page 1 of 3 August 21, 2017 Regular City Council Meeting Agenda

X, Network Nodes, Node Support Poles, and Related Facilities in the Public Right-of-Way; adopting a wireless services design manual; providing a penalty; and consider the ordinance on the second and final reading.

7.

(e)

Consider authorizing the negotiation and execution of a joint election agreement and contract for election services with Fort Bend County for the November 7, 2017, general and special elections.

(f)

Consider authorizing the city manager or his designee to negotiate and execute agreements for the collocation of certain wireless facilities on City of Missouri City poles in the City rightof-way.

PUBLIC HEARINGS AND RELATED ACTIONS (a) Zoning Public Hearings and Ordinances – There are no Zoning Public Hearings and Ordinances on this agenda. (b)

Public Hearings and related actions – There are no Public Hearings and related actions on this agenda.

8.

APPOINTMENTS – There are no Appointments on this agenda.

9.

AUTHORIZATIONS – There are no Authorizations on this agenda.

10.

ORDINANCES (a) Consider an ordinance amending Chapter 74, Parks and Recreation; amending regulations relating to the use of park facilities; providing a penalty; and consider the ordinance on the first of two readings.

11.

RESOLUTIONS (a) Consider a resolution amending the development services schedule of fees. (b)

Consider a resolution designating Wells Fargo Bank, N.A. as the depository for the City’s funds and authorizing the City Manager to execute a depository services agreement with said bank.

(c)

Consider a resolution designating Wells Fargo Bank, N.A. as the depository for the funds of the City’s nonprofit trust for employee benefits and designating certain officials to open and maintain an account(s) with said bank.

(d)

Consider a resolution designating certain officials to open and maintain an account(s) with Wells Fargo Bank, N.A.

12.

CITY COUNCIL ANNOUNCEMENTS Discussion, review, and possible action regarding a meeting or activity of one or more of the following entities (each entity refers to a City of Missouri City entity unless otherwise indicated): Charter Review Commission, Community Development Advisory Committee, Construction Board of Adjustments, Electrical Board, Parks Board, Planning and Zoning Commission, Tax Increment Reinvestment Zone Boards, Fort Bend Chamber of Commerce, Houston-Galveston Area Council, Fort Bend Regional Council, Texas Municipal League, Fort Bend County, Harris County, Gulf Coast Building and Construction Trades Council, Mayor’s Youth Commission, Finances and Services Committee, Fort Bend Leadership Forum, Fort Bend County Drainage District, Economic Development Committee, Missouri City Parks Foundation, Missouri City Police and Fire Auxiliary, Livable Community Committee, Texas Parkway Alliance, High Performance Organization Committee, Missouri City Juneteenth Celebration Foundation, Fort Bend Page 2 of 3 August 21, 2017 Regular City Council Meeting Agenda

County Mayor and Council Association, METRO, Planning, Development and Infrastructure Committee, Fort Bend Independent School District, Greater Fort Bend Economic Development Coalition, Transportation Policy Council, Community Development Advisory Committee, Veterans Memorial Committee, Missouri City Recreation and Leisure Local Government Corporation, Missouri City Development Authority, and the Greater Houston Partnership and Emergency Management updates. 13.

CLOSED EXECUTIVE SESSION The City Council may go into Executive Session regarding any item posted on the Agenda as authorized by Chapter 551 of the Texas Government Code. 14.

RECONVENE Reconvene into Regular Session and Consider Action, if any, on items discussed in Executive Session. 15.

ADJOURN

In compliance with the Americans with Disabilities Act, the City of Missouri City will provide for reasonable accommodations for persons attending City Council meetings. To better serve you, requests should be received 24 hours prior to the meetings. Please contact Maria Jackson, City Secretary, at 281.403.8686. CERTIFICATION I certify that a copy of the August 21, 2017, agenda of items to be considered by the City Council was posted on the City Hall bulletin board on August 18, 2017, at 4:00 p.m. ______________________________________ Yomara Frias, City Secretary Department I certify that the attached notice and agenda of items to be considered by the City Council was removed by me from the City Hall bulletin board on the ____ day of ________________, 2017. Signed: ___________________________________________ Title: _____________________________________

Page 3 of 3 August 21, 2017 Regular City Council Meeting Agenda

the show me city

Council Agenda Item August 21, 2017 1.

ROLL CALL

2.

PLEDGE OF ALLEGIANCE

3.

PRESENTATIONS AND RECOGNITIONS (a) Present the Clean Restaurant Award to local establishments.

4.

PUBLIC COMMENTS An opportunity for the public to address City Council on agenda items or concerns not on the agenda-those wishing to speak must complete the orange comment card, present the comment card to the City Secretary prior to the beginning of the meeting, and observe a three-minute time limit. 5.

STAFF REPORTS (a) City Manager announcements.

ALLEN OWEN Mayor JERRY WYATT Councilmember at Large Position 1 CHRIS PRESTON Councilmember at Large Position 2

the show me city

YOLANDA FORD Councilmember District A DON SMITH Councilmember District B ANTHONY G. MAROULIS Councilmember District C FLOYD EMERY Mayor Pro Tem Councilmember District D

CITY COUNCIL SPECIAL MEETING MINUTES The City Council of the City of Missouri City, Texas, met in special session on Monday, August 7, 2017, at the City Hall, Council Conference Room, 2nd Floor, behind the Council Chamber, 1522 Texas Parkway, Missouri City, Texas, 77489, at 6:00 p.m. to consider the following: 1.

CALL TO ORDER Mayor Owen called the meeting to order at 6:04 p.m.

Those also present: Mayor Pro Tem Emery, Councilmembers Wyatt, Preston, and Maroulis; City Manager Snipes, City Attorney Iyamu, City Secretary Jackson, Assistant City Manager Atkinson, Assistant City Manager Elmer, Director of Parks and Recreation Mangum, Director of Public Works Kumar, Director of Development Services Spriggs, First Assistant City Attorney Kimeu, Assistant Director of Parks and Recreation Troxell, Recreation Superintendent Mize, and Media Relations Specialist Stottlemyer. Also present: Renee Yan of Community Impact News, and Frank Hester. Councilmember Ford arrived at 6:07 p.m. Absent: Councilmember Smith. 2.

DISCUSSION/POSSIBLE ACTION (a) Discuss proposed amendments to Chapter 74, Parks and Recreation, of the Missouri City Code, relating to the use of park facilities.

Director of Parks and Recreation Mangum presented on proposed amendments to Chapter 74, Parks and Recreation. Mangum also discussed the Recognized Sports Association (RSA) appeals process, and noted a person may appeal to the Parks Board decision to deny an application or revoke an RSA designation to City Council by written notice to the City Secretary. Councilmember Wyatt inquired if the Parks Board, with an advisory board status, has authority to grant RSA status. City Attorney Iyamu stated the drafted ordinance gave them that authority. (b)

Discuss the implementation of Senate Bill 1004 of the 85th Regular Session of the Texas Legislature, relating to certain wireless facilities in the public right-of way.

City Attorney Iyamu presented an overview on the implementation of Senate Bill 1004 of the 85th Regular Session of the Texas Legislature. 3.

CLOSED EXECUTIVE SESSION After proper notice given pursuant to the Texas Open Meetings Act, the City Council went into Executive Session at 6:50 p.m. Texas Government Code, Section 551.087 – Deliberations regarding commercial or financial information that the governmental body received from a business prospects that the governmental body seeks to locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations: retail, business, and industrial development prospects.

Page 1 of 2 August 7, 2017 Special City Council Meeting Minutes

4.

RECONVENE At 7:00 p.m., Council reconvened into open session. No action was taken.

5.

ADJOURN The special City Council meeting adjourned at 7:01 p.m. ATTEST:

Allen Owen, Mayor

Maria Jackson, City Secretary

Page 2 of 2 August 7, 2017 Special City Council Meeting Minutes

ALLEN OWEN Mayor JERRY WYATT Councilmember at Large Position 1 CHRIS PRESTON Councilmember at Large Position 2

the show me city

YOLANDA FORD Councilmember District A DON SMITH Councilmember District B ANTHONY G. MAROULIS Councilmember District C FLOYD EMERY Mayor Pro Tem Councilmember District D

CITY COUNCIL MEETING MINUTES The City Council of the City of Missouri City, Texas, met in regular session on Monday, August 7, 2017, at the City Hall, Council Chamber, 2nd Floor, 1522 Texas Parkway, Missouri City, Texas, 77489, at 7:00 p.m. to consider the following: 1.

ROLL CALL Mayor Owen called the meeting to order at 7:16 p.m.

Those also present: Mayor Pro Tem Emery, Councilmembers Wyatt, Preston, Ford, and Maroulis; City Manager Snipes, City Attorney Iyamu, and City Secretary Jackson. Absent: Councilmember Smith 2.

The PLEDGE OF ALLEGIANCE was led by the Police Department Honor Guard.

3.

PRESENTATIONS AND RECOGNITIONS Grants Coordinator Rickets presented on the Community Development Block Grant scholarship recipients. Fort Bend Family Promise and Councilmember Maroulis recognized Home Depot and local volunteers. 4.

PUBLIC COMMENTS

Bruce Zaborowski, 7915 Chancel, addressed Fonmeadow not having a bridge. Liz Pedregon, 2526 Bedrock Lane, spoke to City Council regarding the police department incident where a police officer shot the family dog. Pedregon requested the definition of aggressive as she believed her dog was not aggressive towards the officer. She noted an internal report was performed but none of the witnesses were contacted for further questioning of the incident. Irene Garcia, 8619 Maplecrest Drive, Houston, Texas 77099, stated she was an eyewitness to the incident and was not questioned. Garcia addressed concerns with how the police officer handled the situation. Veronica Nanez, 1800 FM 1092, addressed concerns with eyewitnesses not being questioned. Isamar Cabrera, 11675 W. Bellfort Street #301, Houston, Texas 77099, stated she was an eyewitness and explained what happened. Melissa Hooper, 6122 Auburn Woods, Houston, Texas 77084, stated she was an eyewitness to the incident and explained what happened. Hooper questioned police officer protocol. Justin Kessinger, 11675 W. Bellfort Street, Houston, Texas 77099, stated he was an eyewitness and addressed his concerns with the incident. Natalie Muniz, 11675 W. Bellfort Street, Houston, Texas 77099, stated she was not an eyewitness but her family members were. Muniz addressed her concerns with the incident and police officer protocol. Page 1 of 5 August 7, 2017 Regular City Council Meeting Minutes

Nelly Gonzalez, 7510 Maczali Drive, stated she was an eyewitness to the incident, addressed concerns and explained what happened. 5.

STAFF REPORTS City Manager Snipes stated the General Election would be held on Tuesday, November 7. He spoke about the walk and drive tours held in various subdivisions. He added that in June, he and Councilmember Ford visited Hunters Glen 1 and 2 and addressed sidewalk repairs. Snipes announced the Missouri City Branch Library would be closed for a year due to renovations. Snipes also addressed current construction at the Community Center. He stated the “Back to School Health Fair” would be held on August 12 at the Fort Bend County Annex, which included a backpack giveaway. Snipes invited everyone to the Houston Community College Ribbon Cutting ceremony to be held on Tuesday, August 15. He added the VWR Distribution Center grand opening was scheduled for Monday, August 21. He announced that the 1st Annual October Fest would be held on Saturday, September 16. Snipes gave kudos to the police department for their prompt response to a recent burglary. Police Chief Berezin presented the Missouri City Police Department annual report. Councilmember Preston inquired ways citizens could engage with the police department. Berezin stated they offer the Missouri City Police and Fire Academy, as well as a Silent Partner Program. Councilmember Maroulis recognized Officer Berry. He also inquired about expanding the motorcycle unit. Berezin stated they had a motorcycle on order and, regarding expansion, the department was working to build out squad cars. Mayor Pro Tem Emery inquired about the crime watch program and how citizens could get involved. Berezin stated they currently have 64 organized subdivisions in Missouri City but not all have an active HOA or resident’s group. Councilmember Ford asked if they were looking to fill vacant positions. Berezin stated they were working to fill sworn and unsworn positions. Mayor Pro Tem Emery asked for clarification on the types of citation being tracked. Berezin directed City Council to the department’s Open Date Initiative webpage which provides the community with requested information, such as the end of year report, use of force incidents, automobile crashes, citations issued, arrests, incidents, racial profiling data, and department member demographics. Councilmember Ford inquired about the retention rate. Berezin stated they lost and gained 14 officers within a year. Councilmember Preston inquired about training police officers receive. Berezin stated they offer mid-upper training sessions and executive level training sessions. 6.

CONSENT AGENDA (a) Consider approving the minutes of the special and regular City Council meetings of July 17, 2017.

Mayor Pro Tem Emery moved to approve the Consent Agenda pursuant to recommendations by City Staff. Councilmember Preston seconded. MOTION PASSED UNANIMOUSLY. 7.

PUBLIC HEARINGS AND RELATED ACTIONS (a) Zoning Public Hearings and Ordinances (1) Public hearing to receive comments for or against a request to amend the rules and regulations of PD Planned Development District No.11 to allow for the location of an adult day care center; and consider a related ordinance providing a penalty on the first of two readings. PD No. 11 is located north and east of the intersection of Lake Olympia Parkway and State Highway 6 and includes a Public Storage facility (6725 Highway 6); a State Farm Insurance business (6705 Highway 6); a shopping center (6701 Highway 6); and a vacant fast food restaurant building (6855 Highway 6). The proposed adult day care center would be located within a lease space within the shopping center.

The public hearing opened at 8:34 p.m. Interim Director of Development Services Gomez stated staff’s recommendation was to approve the request. The Planning and Zoning Commission considered the request and discussed whether the outdoor recreation area was required by the State of Texas. The Commission forward a positive recommendation which includes that all State and City requirements for the facility were met. Page 2 of 5 August 7, 2017 Regular City Council Meeting Minutes

The request was to amend the rules and regulations of PD, Planned Development District #11, to allow for the location of an adult day care center as this PD was originally established to allow for the development of commercial/retail uses which would be designed to reflect and compliment a residential character. The development was to accommodate a fast food restaurant, storage facility, office and commercial/retail uses. The applicant has entered into a five-year lease with a lease space of approximately 1,880 square feet. On the onsite plan provided, the applicant depicted an outdoor recreation area in a landscape island located within the parking area. Mayor Owen stated the request raised accessibility concerns. Deshaun Stanley, the applicant, noted the parking lot was not busy and there would be staff attending seniors. She also noted the area along the way to the facility was gated. Owen inquired if staff had to do this. Stanley stated they were required to have one-on-one contact most of the day. Councilmember Preston inquired on the type of fencing being proposed. Stanley stated it would be rod iron. Preston asked if this type of model has been implemented before. Gomez stated it has, and most were for larger type of facilities. Councilmember Wyatt stated they would be creating a new standard by trying to do a retrograde. Councilmember Ford stated, if the applicants were willing to look at another facility, then she would request that City Council waive the fees. Mayor Owen stated he would be okay with that. Council addressed concerns with direct access into the fenced area. Emmitt Allen stated they would come back after speaking with shopping center owner. The public hearing closed at 8:52 p.m. and the agenda item was postponed at the request of the applicant. (2)

Public hearing to receive comments for or against a proposed amendment to Section 8, PD Planned Development District, of Appendix A, Zoning Ordinance, of the Missouri City Code, to amend the rules and regulations relating to the timeframe that proof of notice must be sent to all of the other property owners within a PD district for a PD district amendment application; and consider the ordinance on the first of two readings.

The public hearing opened at 8:53 p.m. Interim Director of Development Services Gomez stated the request was to amend Section 8.3.A.1. of the City’s zoning ordinance, Appendix A, code of ordinances to extend the timeframe that an applicant may submit proof of notice to all of the other property owners with a PD district. Section 8.3.A.1 requires that a property owner seeking to amend a PD district must submit “proof of unified ownership or control of all of the property within the PD district at the time of application or proof of notice to all of the other property owners within the PD district.” Further, the regulations provides that “if proof of notice was to be submitted with an application, such notice shall be sent to all of the other property owners within the PD district not earlier than ten calendar days before the date such application was submitted and not later than the date such application was submitted to the city.” Gomez noted the above standard, adopted in 2013, allowed for applications to move forward for consideration by the Commission and City Council while protecting the ability of other property owners within the PD district to provide protest or support for amendments which may or may not directly affect their interests. The time constraints involved with this standard have now been found to impose an unnecessary burden on staff to verify information on the date that an application was submitted. If it was determined after the application date that insufficient notice has been provided, the application was then rejected and delayed until compliant with the standard. This has resulted in delays for a couple of applications seeking consideration for amendments. Staff recommends extending the timeframe to allow notice to be sent to all of the other property owners not later than before the 10 calendar day before the Planning and Zoning Commission’s public hearing on the matter. This timeframe would be consistent with the Texas Local Government code provisions for notice to be sent to property owners within 200 feet. The Planning and Zoning Commission forward a positive recommendation. Page 3 of 5 August 7, 2017 Regular City Council Meeting Minutes

Councilmember Ford moved to close the public hearing at 8:55 p.m. Councilmember Preston seconded. MOTION PASSED UNANIMOUSLY. Councilmember Ford moved to adopt the ordinance. Councilmember Preston seconded. MOTION PASSED UNANIMOUSLY. (b)

Public Hearings and related actions (1) Public hearing to receive comments concerning an ordinance changing the name of Sienna Christus Drive, a public street located in the City, to Sienna Crossing Drive; and consider the ordinance on the first of two readings.

The public hearing opened at 8:56 p.m. Mayor Pro Tem Emery moved to adopt the ordinance. Councilmember Ford seconded. MOTION PASSED UNANIMOUSLY. The public hearing closed at 8:58 p.m. There were no APPOINTMENTS. 9.

AUTHORIZATIONS (a) Consider authorizing the city manager to execute a contract for the reconstruction of Adams Street from 5th Street to Texas Parkway.

Councilmember Ford moved to authorize the city manager to execute a contract with Triple B Services, LLP in the amount of $2,378,436.80 for the reconstruction of Adams Street. Councilmember Preston seconded. MOTION PASSED UNANIMOUSLY. (b)

Consider authorizing the city manager to execute a professional services agreement for materials testing services for the Adams Street reconstruction project.

Councilmember Ford moved to authorize the city manager to execute a professional services agreement for materials testing services with Ninyo & Moore in the amount of $50,659 for the Adams Street Reconstruction Project. Councilmember Preston seconded. MOTION PASSED UNANIMOUSLY. (c)

Consider authorizing the city manager to execute an interlocal agreement with the City of Richmond, Texas for procurement services.

Mayor Pro Tem Emery moved to authorize the city manager to execute the interlocal agreement for procurement services. Councilmember Wyatt seconded. MOTION PASSED UNANIMOUSLY. 10.

ORDINANCES (a) Consider an ordinance providing for a general election to be held on November 7, 2017, for the purpose of electing single-member district councilmembers for Districts A, B, C, and D; providing for a special election to be held on the same date for the purpose of submitting to the qualified voters of the City of Missouri City certain proposed amendments to the existing city charter; stating the subject matter of the proposed amendments to the city charter to be voted upon at said election; providing for joint elections on November 7, 2017, with other entities contracting with Fort Bend County and Harris County, respectively, for such joint elections; providing for election precincts and polling places; providing for repeal; and consider the ordinance on the first and final reading.

Page 4 of 5 August 7, 2017 Regular City Council Meeting Minutes

Councilmember Wyatt moved to adopt the ordinance. PASSED UNANIMOUSLY. (b)

Councilmember Maroulis seconded.

MOTION

Consider an ordinance amending Chapter 46, Infrastructure Standards, of the Missouri City Code; amending regulations relating to facilities in the public right-of-way; adding a new Article X, Network Nodes, Node Support Poles, and Related Facilities in the Public Right-of-Way; adopting a wireless services design manual; providing a penalty; and consider the ordinance on the first of two readings.

Councilmember Wyatt moved to adopt the ordinance. Mayor Pro Tem Emery seconded. MOTION PASSED UNANIMOUSLY. 11.

RESOLUTIONS (a) Consider a resolution granting Fort Bend County Municipal Utility District No. 48 consent to annex approximately 98.7-acres of land located within the city.

Mayor Pro Tem Emery moved to approve the resolution. Councilmember Wyatt seconded. MOTION PASSED UNANIMOUSLY. (b)

Consider a resolution supporting the reappointment of Russell C. Jones to the Gulf Coast Water Authority Board of Directors.

Mayor Pro Tem Emery moved to approve the resolution. Councilmember Wyatt seconded. MOTION PASSED UNANIMOUSLY. 12.

CITY COUNCIL ANNOUNCEMENTS Mayor Owen stated their thoughts were with the family of Randy Chet Woods who recently passed. He informed everyone that Friday’s service had been cancelled but the viewing would take place on Saturday. 13.

ADJOURN The regular City Council meeting adjourned at 9:04 p.m. ATTEST:

Allen Owen, Mayor

Maria Jackson, City Secretary

Page 5 of 5 August 7, 2017 Regular City Council Meeting Minutes

CITY COUNCIL AGENDA ITEM COVER MEMO August 21, 2017 the show me city To: Agenda Item:

Mayor and City Council 6(b) PD district amendment application owner authorization - Zoning Text Amendment

Submitted by:

Jennifer Thomas Gomez, AICP, Planning Manager SYNOPSIS

This is the second and final reading of an ordinance to amend Section 8.3.A.1. of the City’s zoning ordinance, Appendix A, code of ordinances to extend the timeframe that an applicant may submit proof of notice to all of the other property owners with a PD district. STRATEGIC PLAN 2019 GOALS ADDRESSED  

Grow business investments in Missouri City Have quality development through buildout BACKGROUND

Section 8.3.A.1 requires that a property owner seeking to amend a PD district must submit “proof of unified ownership or control of all of the property within the PD district…at the time of application or…proof of notice to all of the other property owners within the PD district.” Further, the regulations provides that “if proof of notice is to be submitted with an application, such notice shall be sent to all of the other property owners within the PD district not earlier than ten calendar days before the date such application is submitted and not later than the date such application is submitted to the city.” The above standard, adopted in 2013, allowed for applications to move forward for consideration by the Commission and City Council while protecting the ability of other property owners within the PD district to provide protest or support for amendments which may or may not directly affect their interests. The time constraints involved with this standard have now been found to impose an unnecessary burden on staff to verify information on the date that an application is submitted. If it is determined after the application date that insufficient notice has been provided, the application is then rejected and delayed until compliant with the standard. This has resulted in delays for a couple of applications seeking consideration for amendments. Staff recommends extending the timeframe to allow notice to be sent to all of the other property owners not later than before the 10th calendar day before the Planning and Zoning Commission’s public hearing on the matter. This timeframe would be consistent with the Texas Local Government code provisions for notice to be sent to property owners within 200 feet. The Planning and Zoning Commission forwards a positive recommendation. BUDGET/FISCAL ANALYSIS

Funding Source

Account Number

Project Code/Name

FY2018 Funds Budgeted

FY2018 Funds Available

Amount Requested

None. Purchasing Review: N/A Financial/Budget Review: N/A Note: Compliance with the conflict of interest questionnaire requirements, if applicable, and the interested party disclosure requirements (HB 1295) has been confirmed/is pending within 30-days of this Council action and prior to execution. SUPPORTING MATERIALS 1. 2. 3. 4. 5.

Ordinance Draft Planning and Zoning Commission meeting minutes (July 12, 2017) Planning and Zoning Commission meeting minutes (June 14, 2017) Planning and Zoning Commission final report Notice of public hearing STAFF’S RECOMMENDATION

Staff recommends approval of the final reading of the ordinance. Director Approval:

Otis Spriggs, AICP, Development Services

Assistant City Manager/ City Manager Approval:

Scott R. Elmer, P.E., Assistant City Manager

ORDINANCE NO. O-17-__ AN ORDINANCE OF THE CITY OF MISSOURI CITY, TEXAS, AMENDING SECTION 8, PD PLANNED DEVELOPMENT DISTRICT, OF APPENDIX A OF THE MISSOURI CITY CODE, ENTITLED “THE CITY OF MISSOURI CITY ZONING ORDINANCE;” AMENDING RULES AND REGULATIONS PERTAINING TO REQUIREMENTS FOR A PD PLANNED DEVELOPMENT DISTRICT AMENDMENT APPLICATION; PROVIDING FOR REPEAL; PROVIDING A PENALTY; AND PROVIDING FOR SEVERABILITY. *

*

*

*

*

WHEREAS, Section 8.3, PD Planned Development District, of the City of Missouri City Zoning Ordinance requires a property owner seeking to amend a PD planned development district (“PD district”) to submit proof of unified ownership or control of all of the property within the PD district at the time of the application for an amendment to the PD district, or in the alternative, provide proof of notice to all of the other property owners within the PD district; and WHEREAS, said notice to the other property owners must be provided not earlier than 10 calendar days before the application for an amendment to the PD district is submitted to the City and no later than the date such application is submitted to the City; and WHEREAS, requiring proof of notice to be provided by the date the application for an amendment to the PD district is due to the City has, in some instances, resulted in inefficiencies in the zoning process; and WHEREAS, in accordance with Goal 3 of the City of Missouri City 2017 Comprehensive Plan, the City desires to continue its transition to a redevelopment focus as effective build-out of most remaining, developable land is reached in coming years; and WHEREAS, the Planning and Zoning Commission and the City Council of the City of Missouri City have each conducted, in the time and manner and after the notice required by law and the City of Missouri City Zoning Ordinance, a public hearing on the proposed amendments to the City of Missouri City Zoning Ordinance; and WHEREAS, all persons appearing at such public hearings who desired to speak on such proposed amendments were afforded that opportunity and their comments were duly noted and considered; and WHEREAS, the Planning and Zoning Commission of the City of Missouri City has issued its final report to the City Council of the City of Missouri City; and

Section 8.3.A(1) ZTA Ordinance 2017

Page 1 of 4

WHEREAS, the City Council of the City of Missouri City now deems it appropriate to approve the proposed amendments; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MISSOURI CITY, TEXAS: Section 1. The facts and recitations set forth in the preamble of this Ordinance are hereby found to be true and correct. Section 2. As required by law, the City Council of the City of Missouri City conducted a public hearing on the amendments to the City of Missouri City Zoning Ordinance as set forth herein and closed the public hearing prior to the final adoption of this Ordinance. Section 3. The Missouri City Code is hereby amended by deleting subsection 8.3(A)(1) of Section 8 of Appendix A thereof and substituting thereof a new subsection 8.3(A)(1) of Section 8 of Appendix A to provide as follows: “APPENDIX A ZONING .... SECTION 8. – PD PLANNED DEVELOPMENT DISTRICT .... 8.3. – Requirements for a PD district amendment application; applicability; protest and waiver. A.

Application. A property owner owning real property located within a PD district may make application to change the zoning regulations of that owner's real property. An application for the amendment of a PD district shall include the following: 1.

Ownership documentation. A property owner seeking to amend a PD district shall submit a statement of ownership listing each owner, as indicated by the most recently approved city tax roll, of real property located within the established PD district. An application for the amendment of a PD district shall be submitted with proof of unified ownership or control of all of the property within the PD district by the applicant at the time of the application or with proof of notice to all of the other property owners within the PD district. If proof of notice is to be submitted with an application, such notice shall be sent to all of the other property owners within the PD district not earlier than ten calendar days before the date such application is submitted to the city and not later than the tenth day before the date of the public hearing held by the planning

Section 8.3.A(1) ZTA Ordinance 2017

Page 2 of 4

and zoning commission on such application. Such notice shall include (1) the application for the zoning map amendment; (2) a description of the changes in the condition of the property and the surrounding area that support the request for the zoning map amendment; (3) a description of the anticipated impact, including, but not limited to, the economic impact and the impact on parking and driveway accessibility, of the zoning map amendment on the property owners not requesting such amendment; and (4) a description of the right of a property owner not requesting such amendment to protest the amendment as provided in subsection 8.3.C of this section.” Section 4. Repeal. Any ordinance or any part of an ordinance in conflict herewith shall be and is hereby repealed only to the extent of such conflict. Section 5. Penalty. Any person, firm, partnership, association, corporation, company, or organization of any kind who or which violates any provision of this Zoning Ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed Five Hundred Dollars ($500.00). Each day during which said violation shall exist or occur shall constitute a separate offense. The owner or owners of any property or premises where any violation of this Zoning Ordinance shall occur, and any agent, contractor, builder, architect, person, or corporation who shall assist in the commission of such offense shall be guilty of a separate offense unless otherwise prohibited by law and, upon conviction thereof, shall be punished as above provided.

Section 8.3.A(1) ZTA Ordinance 2017

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Section 6. Severability. 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 Missouri City, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. PASSED and APPROVED on first reading this 7th day of August, 2017. PASSED, APPROVED and ADOPTED on second and final reading this 21st day of August, 2017.

__________________________ Allen Owen, Mayor ATTEST:

APPROVED AS TO FORM:

__________________________ Maria Jackson, City Secretary

__________________________ E. Joyce Iyamu, City Attorney

Section 8.3.A(1) ZTA Ordinance 2017

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MINUTES PLANNING AND ZONING COMMISSION CITY OF MISSOURI CITY, TEXAS July 12, 2017 1. CALL TO ORDER The Notice of Meeting and Agenda having been duly posted in accordance with legal requirements and a quorum being present, the meeting was called to order by Vice Chairman Haney, at 7:00 PM. 2. ROLL CALL Commissioners Present: Timothy Haney John O’Malley Reginald Pearson Courtney Johnson Rose Ramesh Anand Len Goff Commissioners Absent: Brightwell

Chairman Brown-Marshall, Commissioner Parker, Commissioner

Councilmembers Present: None Staff Present: Scott Elmer, Assistant City Manager Otis T. Spriggs, Director of Development Services E. Joyce Iyamu, City Attorney Jennifer Thomas Gomez, Planning Manager Jennifer Hobbs, Assistant City Engineer Thomas White, Planner II Nancy Desobry, Office Manager Others Present: Randy Bowles Emmitt Allen

Kathryn Edwards Horace Doyle

D. Stanley

Planning & Zoning Commission July 12, 2017 Page 2 8.

ZONING TEXT AMENDMENTS C.

PUBLIC HEARING FOR AMENDMENTS REGARDING REQUIREMENTS FOR A PD DISTRICT AMENDMENT APPLICATION (1) Public hearing to receive comments for or against possible amendments to Section 8.3.A.1 – Requirements for a PD district amendment application; applicability; protest and waiver. Ownership documentation.

Ms. Gomez presented this item stating the time constraints imposed for an applicant to provide notice to other property owners within a PD when such applicant is seeking to amend the PD, have created an unnecessary burden on staff to verify information on the date that an application is made. Staff is recommending this amendment to Section 8.3.A.1 of the City’s zoning ordinance to extend the timeframe from the date the application has been made to a date no later than the 10th day before the Commission holds a public hearing to consider the amendment. Motion:

To close the public hearing.

Made By: Second:

Commissioner Anand Commissioner Rose

AYES:

Commissioner O’Malley, Commissioner Haney, Commissioner Pearson, Commissioner Rose, Commissioner Anand, Commissioner Goff

NAYS:

None

The motion passed. (2)

Consideration of the approval of a final report to City Council on item 8C above.

Motion:

The Planning Commission adopt this as a final report and forward to City Council with a positive recommendation.

Made By: Second:

Commissioner Rose Commissioner Anand

AYES:

Commissioner O’Malley, Commissioner Haney, Commissioner Pearson, Commissioner Rose, Commissioner Anand, Commissioner Goff

NAYS:

None

MINUTES PLANNING AND ZONING COMMISSION CITY OF MISSOURI CITY, TEXAS June 14, 2017 1. CALL TO ORDER The Notice of Meeting and Agenda having been duly posted in accordance with legal requirements and a quorum being present, the meeting was called to order by Vice Chairman Haney, at 7:00 PM. 2. ROLL CALL Commissioners Present: Sonya Brown-Marshall (arrived at 7:30) John O’Malley Reginald Pearson Courtney Johnson Rose Doug Parker Ramesh Anand Hugh Brightwell Timothy Haney Commissioners Absent:

Commissioner Goff

Councilmembers Present: Councilmember Emery Staff Present: Bill Atkinson, Assistant City Manager Otis T. Spriggs, Director of Development Services Shashi Kumar, City Engineer/Director of Public Works Jennifer Thomas Gomez, Interim Assistant Director of Development Services Evelyn Kimeu, Assistant City Attorney Jennifer Hobbs, Assistant City Engineer Cynthia Rex, Code Enforcement Supervisor Thomas White, Planner II Nancy Desobry, Office Manager Others Present: Lisa Miller Gernot Gaulke

Llarance Turner Eboni Fleming

Frank Hilson, III

Planning & Zoning Commission June 14, 2017 Page 2 8.

ZONING TEXT AMENDMENTS B. PUBLIC HEARING FOR AMENDMENTS REGARDING REQUIREMENTS FOR A PD DISTRICT AMENDMENT APPLICATION (1) Public hearing to receive comments for or against possible amendments to Section 8.3.A.1 – Requirements for a PD district amendment application; applicability; protest and waiver. Ownership documentation. Ms. Gomez presented an overview of this item stating Section 8.3.A.1 requires that a property owner seeking to amend a PD district must submit “proof of unified ownership or control of all of the property within the PD district …at the time of application or…proof of notice to all of the other property owners within the PD district”. Further, the regulations provide that “if proof of notice is to be submitted with an application, such notice shall be sent to all of the other property owners within the PD district not earlier than ten calendar days before the date such application is submitted and not later than the date such application is submitted to the city.” The above standard, adopted in 2013, allowed for applications to move forward for consideration by the Commission and City Council while protecting the ability of other property owners within the PD district to provide protest or support for amendments which may or may not directly affect their interests. The time constraints involved with the standard have now been found to impose an unnecessary burden on staff to verify information on the date that an application is submitted. If it is determined after the application date that insufficient notice has been provided, the application is then rejected and delayed until compliant with the standard. This has resulted in delays for a couple of applications seeking consideration of amendments. Ms. Gomez stated staff now seeks to allow additional time for an applicant to provide notice to other property owners. The proposed amendment would allow time for staff to review notification related to an application, inform the applicant, and allow for the applicant to correct the issue. It is staff’s recommendation to approve the amendment to Section 8.3.A.1. as attached as the Commission’s preliminary report and call a public hearing for consideration of a final report on the matter. Motion:

To close the public hearing.

Made By: Second:

Commissioner Brown-Marshall Commissioner Pearson

AYES:

Commissioner O’Malley, Commissioner Brown-Marshall, Commissioner Haney, Commissioner Pearson, Commissioner Rose, Commissioner Parker, Commissioner Anand, Commissioner Brightwell

NAYS:

None

The motion passed. (2)

Consideration of the approval of a preliminary report.

Planning & Zoning Commission June 14, 2017 Page 3 Motion:

The Planning Commission adopt this as a preliminary report.

Made By: Second:

Commissioner Brightwell Commissioner Brown-Marshall

AYES:

Commissioner O’Malley, Commissioner Brown-Marshall, Commissioner Haney, Commissioner Pearson, Commissioner Rose, Commissioner Parker, Commissioner Anand, Commissioner Brightwell

NAYS:

None

The motion passed.

PLANNING AND ZONING COMMISSION FINAL REPORT

AGENDA DATE:

August 7, 2017

AGENDA ITEM SUBJECT:

Section 8.3.A.1 (Requirements for a PD district amendment application) - ZTA

AGENDA ITEM NUMBER:

7.A.(2)

PROJECT PLANNER:

Jennifer Thomas Gomez, AICP, Planning Manager

APPROVAL:

Otis T. Spriggs, AICP, Director, Development Services Sonya Brown-Marshall, Planning and Zoning Commission Chair

Sonya Brown Marshall, Chair

RECOMMENDED ACTION: The Planning and Zoning Commission should adopt this as its Final Report and forward to the City Council for consideration and adoption thereof.

BACKGROUND: Section 8.3.A.1 requires that a property owner seeking to amend a PD district must submit “proof of unified ownership or control of all of the property within the PD district…at the time of application or…proof of notice to all of the other property owners within the PD district.” Further, the regulations provides that “if proof of notice is to be submitted with an application, such notice shall be sent to all of the other property owners within the PD district not earlier than ten calendar days before the date such application is submitted and not later than the date such application is submitted to the city.”

Final Report from the Planning and Zoning Commission to City Council Re: PD district amendment application (Section 8.3.A.1) - ZTA August 7, 2017 - Page 2

The above standard, adopted in 2013, allowed for applications to move forward for consideration by the Commission and City Council while protecting the ability of other property owners within the PD district to provide protest or support for amendments which may or may not directly affect their interests. The time constraints involved with the standard have now been found to impose an unnecessary burden on staff to verify information on the date that an application is submitted. If it is determined after the application date that insufficient notice has been provided, the application is then rejected and delayed until compliant with the standard. This has resulted in delays for a couple of applications seeking consideration of amendments. Staff now seeks to allow additional time for an applicant to provide notice to other property owners. The proposed amendment would allow time for staff to review notification related to an application, inform the applicant, and allow for the applicant to correct the issue. The proposed amendment seeks to establish a timeframe consistent with Section 211.007 of the Texas Local Government and allow for notice to be sent to all other property owners within a PD district no earlier than ten calendar days before the date which the application is made and no later than before the 10th day before the Commission’s public hearing on the matter. The Commission considered the amendment as a preliminary report on June 14, 2017. Staff recommended: To approve the amendment to Section 8.3.A.1. as attached as the Commission’s final report and forward to the City Council for consideration and adoption thereof. Planning and Zoning Commission recommends: To approve as staff recommended. -----------------------------------------------END OF REPORT----------------------------------------------

INDEPENDENT • JULY 19, 2017 • Page 3

City of Missouri City Public Hearing A public hearing will be held by the City Council of the City of Missouri City to receive comments for or against proposed amendments to the City’s Zoning Ordinance regarding: (1)Section 8.3.A.1. – Requirements for a PD district amendment application; applicability; protest and waiver. Ownership documentation The public hearing is scheduled: DATE: Monday, August 7, 2017 TIME: 7:00 PM PLACE: City Council Chambers (2nd Floor of City Hall) 1522 Texas Parkway (FM 2234) Missouri City, Texas Specific information is available at City Hall, Missouri City, Texas, Monday through Friday from 9:00 AM to 5:00 PM, or you may call 281-403-8541.

CITY COUNCIL AGENDA ITEM COVER MEMO August 21, 2017 the show me city To: Agenda Item:

Mayor and City Council 6(c) Ordinance Changing Name of Sienna Christus Drive to Sienna Crossing Drive.

Submitted by:

Otis T. Spriggs, Director of Development Services Shashi K. Kumar, City Engineer SYNOPSIS

This is the second and final reading of an ordinance changing the name of Sienna Christus Drive, a public street located in the City, to Sienna Crossing Drive. STRATEGIC PLAN 2019 GOALS ADDRESSED 

Create a great place to live BACKGROUND

Due to a change in the significance of the original street name (Sienna Christus Drive), which no longer applies as a formerly planned hospital, this Mayor/Council request is being consider for providing of clarity purposes. The City adopted a new public facilities naming policy and ordinance on July 3, 2017, in which this application has been reviewed and does comply with said procedures. BUDGET/FISCAL ANALYSIS Funding Source

Account Number

Project Code/Name

FY2018 Amount Funds Requested Available $0 Budget Impact. This project will be performed with existing city signage stock as well as by City Streets personnel. FY2018 Funds Budgeted

Purchasing Review: N/A Financial/Budget Review: N/A Note: Compliance with the conflict of interest questionnaire requirements, if applicable, and the interested party disclosure requirements (HB 1295) has been confirmed/is pending within 30-days of this Council action and prior to execution. SUPPORTING MATERIALS 1. 2. 3. 4. 5. 6.

Ordinance Exhibit A: Map of subject street location Recorded Plat Abutting Properties for Notification Consent by County for Review of Street Duplication Sienna Christus Name Change Labels

STAFF’S RECOMMENDATION Staff recommends that City Council hold a Public Hearing to receive comments concerning this request and consider adoption of the proposed Ordinance to rename Sienna Christus Drive to Sienna Crossing Drive. Director Approval:

Assistant City Manager/ City Manager Approval:

Otis T. Spriggs, AICP, Director of Planning Shashi Kumar, City Engineer

Scott R. Elmer, P.E., Assistant City Manager

ORDINANCE NO. O-17-__ AN ORDINANCE OF THE CITY OF MISSOURI CITY, TEXAS, CHANGING THE NAME OF SIENNA CHRISTUS DRIVE, A PUBLIC STREET LOCATED IN THE CITY OF MISSOURI CITY, TEXAS, TO SIENNA CROSSING DRIVE. *

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WHEREAS, Chapter 16 of the Missouri City Code provides for the naming of city streets; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MISSOURI CITY, TEXAS: Section 1. The name of that roadway located within the City of Missouri City and known as Sienna Christus Drive as depicted on Exhibit “A,” attached hereto and made a part hereof, is hereby changed to Sienna Crossing Drive. PASSED and APPROVED on first reading this 7th day of August, 2017. PASSED, APPROVED and ADOPTED on second and final reading this 21st day of August, 2017.

__________________________ Allen Owen, Mayor ATTEST:

APPROVED AS TO FORM:

__________________________ Maria Jackson, City Secretary

__________________________ E. Joyce Iyamu, City Attorney

Sienna Christus Drive Name Change 2017

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Exhibit A

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STA T 8840

8903

8927

9011

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9029 9129

Proposed Sienna Crossing Drive 6233

9211

9303

9109

SIENNA PARKWAY

8900

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5014 5010

5002

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9101

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8880

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IS R H SIENNA C 6210

9130

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9220

STA T

9310

9340

Academy Sports

6160 9010

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9026 9034 9042

9050

9230

9210

TRAMMEL FRESNO RD

0 0.0225 0.045

3602

0.09

9330

0.135

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0.18 Miles3619

EH

PropertyQuickRefID PropertyNumber R439166 8122-01-000-0050-907 R439165 8122-01-000-0040-907 R439167 8122-01-000-0060-907 R418161 0077-00-000-0556-907 R228578 0077-00-000-0418-907 R439161 8122-01-000-0001-907 R330640 0077-00-000-0473-907 P339906 9960-21-215-0009-907 P335077 9963-14-213-0024-907 P339903 9960-20-215-0065-907

OwnerName Sienna Cypress LLC Sienna Retail Development LLC Sienna Cypress LLC Texas Dow Employees Credit Union City of Missouri City City of Missouri City City of Missouri City Ulas Sienna Group LLC NUC02 Supply LLC Texas Dow Employees Credit Union

SitusAddress Sienna Christus DR, Missouri City, TX 77459 Sienna Christus DR, Missouri City, TX 77459 Sienna Christus DR, Missouri City, TX 77459 9109 Sienna Christus DR, Missouri City, TX 77459 Sienna Christus DR, Missouri City, TX 77459 Sienna Christus DR, Missouri City, TX 77459 Sienna Christus DR, Missouri City, TX 77459 9009 Sienna Christus DR #B, Missouri City, TX 77459 9009 Sienna Christus DR, Missouri City, TX 77459 9109 Sienna Christus DR, Missouri City, TX 77459

LegalDescription Sienna Crossing Sec 1, ACRES 1.213, Reserve E" (Commercial)" Sienna Crossing Sec 1, ACRES 1.699, Reserve D" (Commercial)" Sienna Crossing Sec 1, ACRES 12.133, Reserve F" (Commercial)" 0077 E ROARK, BLOCK 1, ACRES 1.802, Unrestricted Reserve A" 0077 E ROARK, ACRES 0.9369, (Pt) Sienna Christus Drive ROW, Sienna Plantation Commercial Park Phase 2 Sienna Crossing Sec 1, ACRES 1.2275, Sienna Christus Drive ROW 0077 E ROARK, ACRES 0.7393, (Pt) Sienna Christus Drive ROW, Sienna Plantation Commercial Park Phase 2 Personal property inv, furn, fix & equip located @9009 Sienna Christus DR STE #B in Missouri City Personal property equip leased to Don Julios located @ 9009 Sienna Christus DR in Missouri City Personal property supp, furn, fix, & equip located @ 9109 Sienna Christus DR in Missouri City

Otis Spriggs From: Sent: To: Cc: Subject:

Sowa, Mary Jane Tuesday, July 18, 2017 12:03 PM Otis Spriggs; Wainright, Michael; Jennifer Vasquez ([email protected]) Velasquez, Courtney; Garza, Casandra RE: Request for Review: Street Name (Duplication Check) / Sienna Christus Drive to Sienna Crossing Drive

Mr. Spriggs, I checked the Master Road Index for duplication and Sienna Crossing Drive will be ok. Did you send this request to the 911 Committee for them to check ? If not I will ask Michael Wainright, FBC GIS Dept. to email them. Let him know if you will please. I see that Sienna Christus Drive appears in both of these recorded plats: • Sienna Crossing , Sec. 1 • Sienna Plantation Commercial Park Phase 2 plat. When requesting the name change through City Council be sure to include both plats. Upon approval, please email Michael so mapping changes can be made accordingly in the mappings systems in Fort Bend County, and 911. I am including the CAD contact in this email as well.

Mary Jane Sowa Administrative Assistant - Development Plat Coordinator Fort Bend County Engineering 301 Jackson St., Suite 401 | Richmond, TX 77469 Email: [email protected] Phone: 281-633-7519

From: Velasquez, Courtney Sent: Tuesday, July 18, 2017 8:14 AM To: Crawford, Wesley Subject: FW: Request for Review: Street Name (Duplication Check) Please see below 1

From: Otis Spriggs [mailto:[email protected]] Sent: Tuesday, July 18, 2017 7:24 AM To: Velasquez, Courtney Cc: E. Joyce Iyamu; Evelyn Kimeu Subject: Request for Review: Street Name (Duplication Check)

Dear Courtney Velasquez, The City of Missouri City is in the process of filing a street renaming through the City Council, from Sienna Christus Drive to Sienna Crossing Drive and request a review by the Fort Bend Count Engineering. The Subdivision Plat is Sienna Crossing, Section 1. Please review and provide any comments from your division at your convenience. Thank you.

Right-click here to download pictures. To help protect y our priv acy , Outlook prev ented automatic download of this picture from the Internet. The "Show Me" City

Otis T. Spriggs, AICP | Director of Development Services 1522 Texas Parkway | Missouri City, TX 77489 t. 281.403.8661 Ext. 8661| f. 281.261.4382 website | map | email ~ A Safe, Scenic City rated one of America's "Best" Places to Live ~

The Mission of the City Government of Missouri City is to provide municipal services in a financially responsible and customer friendly manner, while engaging our residents. How can we better serve you? Take our customer satisfaction survey.

2

 

    SIENNA CYPRESS LLC  1 RIVERWAY #1870  HOUSTON TX  77056‐2000 

  SIENNA RETAIL DEVELOPMENT LLC  1 RIVERWAY #1870  HOUSTON TX  77056‐2000 

  TEXAS DOW EMPLOYEES CREDIT  UNION  9109 SIENNA CHRISTUS DR   MISSOURI CITY TX  77459 

    ULAS SIENNA GROUP LLC  9009 SIENNA CHRISTUS DR #B  MISSOURI CITY TX  77459 

  NUCO2 SUPPLY LLC  9009 SIENNA CHRISTUS DR  MISSOURI CITY TX  77459 

  SIENNA JOHNSON DEVELOPMENT  5005 RIVERWAY STE 500  HOUSTON TX  77056 

   

 

 

   

 

 

   

 

 

   

 

 

   

 

 

   

 

 

   

 

 

   

 

CITY COUNCIL AGENDA ITEM COVER MEMO August 21, 2017 the show me city To: Agenda Item: Submitted by:

Mayor and City Council 6(d) Chapter 46 Infrastructure Standards & Wireless Services Design Manual Shashi Kumar, P.E. Director of Public Works, City Engineer Otis Spriggs, Director of Development Services E. Joyce Iyamu, City Attorney SYNOPSIS

This is the second and final reading of an ordinance amending Chapter 46, Infrastructure Standards, of the Missouri City Code, and adopting a design manual to provide for the implementation of Senate Bill 1004 of the 85th Regular Session of the Texas Legislature (“S.B. 1004”). S.B. 1004 becomes effective on September 1, 2017. STRATEGIC PLAN 2019 GOALS ADDRESSED  

Create a Great Place to Live Quality Development Through Buildout BACKGROUND

S.B. 1004 limits the City’s ability to regulate the placement of certain wireless facilities in the City’s right-of-way (“ROW”). S.B. 1004: 

Sets forth certain design requirements for network nodes in municipal right-of-ways; and



Provides that zoning is not required for the construction, modification, maintenance, operation, and removal of a network node or node support pole in a ROW; modification or replacement of a utility pole or a node support pole; and collocation on a pole, subject to an agreement that is consistent S.B. 1004.

Pursuant to S.B. 1004, network providers are still subject to applicable codes (i.e. building and electrical) and public right-of-way management ordinances. This ordinance revises certain provisions for the placement of all facilities in the right-of-way and adopts standards for the placement of certain wireless facilities in the City ROW, to the extent those standards are not in conflict with state law. New requirements include an indemnification provision, a provision requiring removal in instances in which facilities have been placed in locations that are not the correct permitted locations, and a requirement that all right-of-way users submit as-built construction plans to the city after installation so that the city can safely manage the right-of-way. S.B. 1004 allows the City to exercise some discretion in the installation of node support poles in the ROW in (1) areas designated as City parks and (2) adjacent to streets or thoroughfares not more than 50 feet wide and adjacent to single-family residential or other land designated for residential uses. The proposed ordinance amending Chapter 46 designates land zoned “CF community facilities” as a public park for the purposes of recreational activity.

Additionally, applicants must obtain prior approval to collocate or locate in areas zoned or designated as historic districts or design districts if the district has decorative poles. The proposed ordinance amending Chapter 46 designates land subject to architectural design standards and land subject to PD zoning with unique architectural design standards as design districts. The bill allows the City to require reasonable design or concealment measures for disguising poles in historic districts or design districts with decorative poles. Additionally, the bill allows cities to adopt design standards. The proposed design standards provide the following preferences for locating nodes, with item 1 being the most preferred location for network nodes: 1.

Areas zoned to allow I industrial uses and BP business park uses, as such uses are described in the City’s zoning regulations, if not adjacent to a municipal park, residential development, historic district, or design district;

2.

Highway rights-of-way areas not adjacent to a municipal park, residential development, historic district or design district; and

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Areas zoned to allow LC-2 local retail, LC-3 retail, and LC-4 retail uses, as such uses are described in the City’s zoning regulations, if not adjacent to a municipal park, residential development, historic district or design district. BUDGET ANALYSIS

Purchasing Review: N/A Financial/Budget Review: N/A SUPPORTING MATERIALS 1. 2. 3. 4. 5.

Ordinance Wireless Services Design Manual Map showing 7A design district Document showing changes to Chapter 46 Document showing changes to Wireless Services Design Manual (adopted on first reading as presented with supplement) STAFF’S RECOMMENDATION

Consider adopting the ordinance. Director of Public Works, City Engineer:

Jennifer Hobbs, PE, Assistant City Engineer for Shashi Kumar, PE, CFM

Development Services Director Approval:

Otis Spriggs, AICP, Development Services

Assistant City Manager/ City Manager Approval:

Scott R. Elmer, P.E.

ORDINANCE NO. O-17-__ AN ORDINANCE OF THE CITY OF MISSOURI CITY, TEXAS, AMENDING CHAPTER 46, INFRASTRUCTURE STANDARDS, OF THE MISSOURI CITY CODE; AMENDING REGULATIONS RELATING TO FACILITIES IN THE PUBLIC RIGHT-OF-WAY; ADDING A NEW ARTICLE X, NETWORK NODES, NODE SUPPORT POLES, AND RELATED FACILITIES IN THE PUBLIC RIGHT OF WAY; ADOPTING A WIRELESS SERVICES DESIGN MANUAL; PROVIDING FOR REPEAL; PROVIDING A PENALTY; AND PROVIDING FOR SEVERABILITY. *

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WHEREAS, the State of Texas has delegated to the City of Missouri City, Texas (“City”) the fiduciary duty, as a trustee, to manage the public right-of-way for the health, safety, and welfare of the public; and WHEREAS, the City of Missouri City, Texas (“City”) is charged with maintaining control of and access to the public rights-of-way to protect the health, safety and welfare of its citizens; and WHEREAS, Chapter 284 of the Texas Local Government Code (“Chapter 284”), recently added by the Texas Legislature and designated to become effective on September 1, 2017, allows certain wireless network providers to install certain wireless facilities in the public rights-of-way; and WHEREAS, pursuant to Section 284.301 of the Texas Local Government Code, which reserves the City’s police power authority, the City Council desires to amend Chapter 46 of the Missouri City Code, to revise its right-of-way standards and to provide for design and infrastructure standards for certain wireless facilities; and WHEREAS, pursuant to Section 284.108 of the Texas Local Government Code, the City Council desires to adopt a design manual for the installation and construction of network nodes and node support poles in the right of way; and WHEREAS, it is the City's desire to exercise the maximum authority preserved to local governments following the creation of Chapter 284 of the Texas Local Government Code while at the same time to craft fair and reasonable regulations for the use of the City's public rights-of-way; and WHEREAS, this Ordinance is intended to promote compliance with the Texas Utilities Code and the Texas Local Government Code; and

01 - 2017.08.08 Wireless Facilities in Public Right of Way - Ord. Adding Art. X.doc

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WHEREAS, the City Council of the City of Missouri City now deems it appropriate to amend regulations and adopt a design manual regarding infrastructure standards relating to facilities in the public right-of-way; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MISSOURI CITY, TEXAS: Section 1. The facts and recitations set forth in the preamble of this Ordinance are hereby found to be true and correct. Section 2. The Missouri City Code is hereby amended by deleting Section 462 of Article I of Chapter 46 thereof and substituting therefor a new Section 46-2 of Article I of Chapter 46 to provide as follows: “Chapter 46 - INFRASTRUCTURE STANDARDS ARTICLE I – IN GENERAL . . . . Sec. 46-2. – Definitions. Abandon means to fail to operate a facility for a continuous period of two (2) years. Antenna means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services. Applicable codes means the uniform building, fire, electrical, plumbing, and mechanical codes adopted by the city and adopted by a recognized national code organization and any local amendments to those codes. Building official means the chief building official of the city or his designee. Collector streets means street routes that have short travel distances and collect traffic from intracity streets and funnel it into major thoroughfares or other collector streets. Collocate and collocation mean the installation, mounting, maintenance, modification, operation, or replacement of network nodes in a right-of-way on or adjacent to a pole. Conceal and camouflage mean to cover, blend, paint, disguise, or otherwise obscure such that the wireless facility blends into the surrounding environment and is visually unobtrusive. A concealed or camouflaged wireless facility or pole includes any wireless facility or pole conforming to the surrounding area in which the wireless facility or pole is located and may include, but is not limited to a 01 - 2017.08.08 Wireless Facilities in Public Right of Way - Ord. Adding Art. X.doc

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wireless facility or pole hidden beneath a façade, blended with surrounding area design, painted to match the supporting area, or disguised with artificial tree branches. Commercial/industrial developments means any land area zoned or devoted primarily to commercial or industrial use, including areas zoned as LC-O, LC, LC1, LC-2, LC-3, LC-4, I, BP or any PD and SUP devoted primarily to commercial or industrial use. Decorative pole means a streetlight pole specially designed and placed for aesthetic purposes and on which no appurtenances or attachments, other than specially designed informational or directional signage or temporary holiday or special event attachments, have been placed or are permitted to be placed according to nondiscriminatory municipal codes. Design district means an area that is zoned, or otherwise designated by the code, and for which the city maintains and enforces unique design and aesthetic standards. Director of public works means the city director of public works or his designee. Driveway means an entrance to and exit from premises where it is possible to park completely off the street, and which is not open for vehicular traffic except by permission of the owner of such private property. Driveway approach means a way or place including paving and curb returns between the street travel lanes and private property that provides vehicular access between the roadway and such private property. Dwelling unit means a building or portion thereof designed exclusively for residential occupancy. Highway, street or roadway means a general term denoting a public or private way for the purpose of vehicular travel. Historic district means an area that is zoned or otherwise designated as a historic district under municipal, state, or federal law. Infrastructure means any facility or structure proposed to be constructed, reconstructed, repaired, or regarded wholly or partially within right-of-way public easements or connecting to right-of-way, including, but not limited to, streets, driveways, sidewalks, curbs, gutters, culverts, open ditches, storm drains, and irrigation facilities owned or maintained by a public entity. Major thoroughfare means highways, streets, and roadways devoted to moving large volumes of traffic over long distances. Major thoroughfares shall be set 01 - 2017.08.08 Wireless Facilities in Public Right of Way - Ord. Adding Art. X.doc

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forth in the major thoroughfare plan adopted by the city council, and may from time to time be amended. Micro network node means a network node that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height, and that has an exterior antenna, if any, not longer than 11 inches. Municipally owned utility pole means a utility pole owned or operated by a municipally owned utility, as defined by V.T.C.A., Utilities Code §11.003, and located in a public right-of-way. Municipal park means an area that is zoned or otherwise designated by the code as a public park for the purpose of recreational activity. Network node means equipment at a fixed location that enables wireless communications between user equipment and a communications network. The term includes: (1) equipment associated with wireless communications, including, but not limited to, distributed antenna systems (DAS) and small cells; (2) a radio transceiver, an antenna, a battery-only backup power supply, and comparable equipment, regardless of technological configuration; and (3) coaxial or fiber-optic cable that is immediately adjacent to and directly associated with a particular collocation. The term does not include: (1) an electric generator; (2) a pole; or (3) a macro tower, as defined by V.T.C.A., Local Government Code §284.002. Network provider means: (1) a wireless service provider; or (2) a person that does not provide wireless services and that is not an electric utility but builds or installs on behalf of a wireless service provider: (a) network nodes; or (b) node support poles or any other structure that supports or is capable of supporting a network node. Node support pole means a pole installed by a network provider for the primary purpose of supporting a network node. Pole means a service pole, municipally owned utility pole, node support pole, or utility pole. Residential developments means all areas zoned as R, R-1, R-1-A, R-2, R-3, R4, R-5, R-6, MF-1, MF-2, MH, or otherwise zoned or devoted primarily to residential use, and shall include all other areas not zoned or used primarily for commercial or industrial use. Right-of-way means property that is publicly owned or upon which a governmental entity has an express or implied property interest (e.g. fee title, easement, etc.) held for a public purpose. Examples of such public purpose

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include, by way of example and not limitation, highways, streets, sidewalks, drainage facilities, sewerage and water facilities. Service pole means a pole, other than a municipally owned utility pole, owned or operated by the City and located in a right-of-way, including: (1) a pole that supports traffic control functions; (2) a structure for signage; (3) a pole that supports lighting, other than a decorative pole; and (4) a pole or similar structure owned or operated by a municipality and supporting only network nodes. Sidewalk means the section of pavement between the curb lines of a roadway and the adjacent property lines intended for the use of pedestrians. Soils means dirt, sand and other similar earth matter, and shall also mean rocks and other solid or semisolid mass material, whether produced by man or nature, but shall not include the matter composing the infrastructure or appurtenances thereto. Traffic signal means any device, whether manually, electrically, or mechanically operated by which traffic is alternately directed to stop and to proceed. Transport facility means each transmission path physically within a right-of-way, extending with a physical line from a network node directly to the network, for the purpose of providing backhaul for network nodes. Utility means any privately or publicly owned entity which uses public rights-ofway to furnish to the public any general public service, including, without limitation, water, sanitary sewer, gas, electricity, telephone, petroleum products, telegraph, heat, steam or chilled water, together with the equipment, structures, and appurtenances belonging to such entity and located within and near the right-of-way. Utility pole means a pole that provides: (1) electric distribution with a voltage rating of not more than 34.5 kilovolts; or (2) services of a telecommunications provider, as defined by V.T.C.A., Utilities Code §51.002. Wireless facilities mean network nodes, node support poles, and related equipment. Wireless service means any service, using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public using a network node. Wireless service provider means a person that provides wireless service to the public.”

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Section 3. The Missouri City Code is hereby amended by deleting Section 466 of Article I of Chapter 46 and substituting therefor a new Section 46-6 of Article I of Chapter 46 to provide as follows: “Chapter 46 - INFRASTRUCTURE STANDARDS ARTICLE I – IN GENERAL . . . . . . . . Sec. 46-6. - Applicability of chapter to utilities, transportation networks, and wireless facilities. (a)

Except as provided herein, the provisions of this chapter shall apply to all persons, and political subdivisions of the state, designing or installing or causing to be designed or installed utilities, transportation facilities, or wireless facilities within the corporate limits of the city or within the city's extraterritorial jurisdiction, as that term is defined by the Municipal Annexation Act, compiled as V.T.C.A., Local Government Code § 42.001 et seq. The installation of any utility system or portion thereof not in accordance with this chapter or the city design manual shall constitute a violation subject to the penalty provision set forth in section 1-13. To the extent that any clause, phrase, provision, sentence or part of this chapter conflicts with V.T.C.A., Local Government Code ch. 284, regarding the deployment of network nodes in right-of-way, this chapter does not apply.

(b)

The city shall not be responsible for damage to any utility system, transportation facility, wireless facility, or component thereof installed in the right-of-way. Facilities in the right-of-way that are owned by persons other than the city are not and shall not become or be considered by the city as being affixed to or a part of, the right-of-way. Such facilities constructed, modified, erected, or placed on the right-of-way shall be and remain the property of the right-of-way user.”

Section 4. The Missouri City Code is hereby amended by adding a new Section 46-8 of Article I of Chapter 46 to provide as follows: “Chapter 46 - INFRASTRUCTURE STANDARDS ARTICLE I – IN GENERAL . . . . Sec. 46-8. - Indemnity. To the extent authorized by law, the right-of-way user shall indemnify and hold the city and its officers and employees harmless against any and all claims, lawsuits, 01 - 2017.08.08 Wireless Facilities in Public Right of Way - Ord. Adding Art. X.doc

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judgments, costs, liens, losses, expenses, fees (including reasonable attorney's fees and costs of defense), proceedings, actions, demands, causes of action, liability, and suits of any kind and nature, including personal or bodily injury (including death), property damage, or other harm for which recovery of damages is sought that is found to be caused by the negligent act, error, or omission of the user of the right-of-way, any agent, officer, director, representative, employee, affiliate, or subcontractor of the rightof-way user, or its respective officers, agents, employees, directors, or representatives, while installing, repairing, or maintaining facilities in a right-of-way. If a right-of-way user and the city are found jointly liable by a court of competent jurisdiction, liability shall be apportioned comparatively in accordance with the laws of this state without, however, waiving any governmental immunity available to the city under state law and without waiving any defenses of the city under state law. This section is solely for the benefit of the city and the right-of-way user and does not create or grant any rights, contractual or otherwise, to any other person or entity.” Section 5. The Missouri City Code is hereby amended by adding a new Subsection (d) to Section 46-22 of Article II of Chapter 46 to provide as follows: “Chapter 46 - INFRASTRUCTURE STANDARDS . . . . ARTICLE II . . . .

RIGHT OF WAY MANAGEMENT

Sec. 46-22. – Soils, equipment, facilities, or materials within right-of-way. (d)

A right-of-way user shall remove facilities that are located in the incorrect location within 90 days of being provided written notice of such incorrect placement. The city may remove a facility if the right-of-way user does not remove such facility within 90 days. A right-of-way user shall reimburse the city for the cost of removal within 30 days of receiving an invoice detailing such removal.”

Section 6. The Missouri City Code is hereby amended by adding a new Section 46-73 of Division 3 of Article III of Chapter 46 thereof to provide as follows: “Chapter 46 - INFRASTRUCTURE STANDARDS . . . . ARTICLE III. ADMINISTRATION . . . . DIVISION 3. CONSTRUCTION PLANS . . . . Sec. 46-73. - As Built Maps and Records. After completing work within the right-of-way, a permittee shall provide to the city copies of maps and construction records of permitted facilities as they are actually 01 - 2017.08.08 Wireless Facilities in Public Right of Way - Ord. Adding Art. X.doc

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constructed in the right-of-way and shall provide additional copies of such maps and records to the city upon request. A permittee shall maintain copies of such maps and records.” Section 7. The Missouri City Code is hereby amended by adding a new Article X of Chapter 46 to provide as follows:

“Chapter 46 - INFRASTRUCTURE STANDARDS . . . . ARTICLE X. NETWORK NODES, NODE SUPPORT POLES, AND RELATED FACILITIES IN THE PUBLIC RIGHT OF WAY Sec. 46-291. Purpose and authority. (a)

The purpose of this article is to facilitate the use of the right-of-way for network node deployments in accordance with V.T.C.A., Local Government Code ch. 284.

(b)

Provided that the requirements set forth in V.T.C.A., Local Government Code ch. 284, this chapter, the city design manual, the city wireless services design manual, and a valid permit are met, a network provider may use the public right-of-way to: (1) (2) (3)

(c)

construct, modify, maintain, operate, relocate, and remove a network node or node support pole; modify or replace a utility pole or node support pole; and collocate on a pole, subject to an agreement with the city.

Provided that the requirements set forth in V.T.C.A., Local Government Code ch. 284, this chapter, the city design manual, the city wireless services design manual, and a valid permit are met, a network provider may use the public right-of-way to: (1) (2)

install its own transport facilities; or obtain transport service from a person that is paying fees to the city to occupy the right-of-way.

Sec. 46-292. City wireless services design manual. (a) The city herein adopts the city wireless services design manual which sets forth additional installation and constructions requirements for wireless service facilities. Any amendments to the city wireless services design manual shall be adopted by the city council pursuant to an ordinance.

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(b)

A person shall comply with the wireless services design manual as a condition of approval of any application, permit, or other approval required pursuant to this chapter.

Sec. 46-293. Designations; concealment requirement. (a) Design districts. For the purposes of this article, the city herein designates the following areas as design districts: (1) Area to which section 7A, Architectural Design Standards, of Appendix A, of this code applies, and a depiction of which shall be kept on file with the city secretary and the director of public works; and (2) Areas zoned as PD that include unique design and aesthetic standards. (b) Municipal parks. For the purposes of this article, the city herein designates any land zoned as CF as a municipal park for the purpose of recreational activity. (c) Historic districts. For the purposes of this article, the city herein designates any area that is designated as a historic district pursuant to state or federal law as a historic district. (d) Liberal construction. Designations provided by this section shall be liberally construed. Additional areas may be designated at any time. (e) Concealment requirement. Network nodes, node support poles, and related equipment in design districts with decorative poles or located in historic districts shall be concealed or camouflaged. Sec. 46-294. Additional Permit Application Requirements. (a)

Permit Application. A permit issued pursuant to this chapter is required to install a network node, a node support pole, or a transport facility in the right of way and prior or to excavate or close sidewalks or vehicular lanes in a right-of-way in association with any routine maintenance, replacement, repair, or upgrading work. In addition to the requirements set forth in this chapter, the city design manual, and the city wireless services design manual, an application for a permit pursuant to this article shall include the following: (1)

Detailed drawings, with calculations to show conformity to the limitations set forth in V.T.C.A., Local Government Code ch. 284, the city design manual, and the city wireless services design manual, including, but not limited to, descriptions of any required enclosures, the size of network nodes, pole height, visibility

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requirements, as provided by section 11.11 of the city design manual, and spacing requirements, as provided by section 12.06 of the city design manual;

(b)

(2)

An analysis showing that the proposed wireless facility will not cause any interference with city public safety radio system, traffic signal light system, the City Traffic Management Center, as generally described in the city design manual, and other city safety communications components;

(3)

A description of the proposed location, including whether such location will be within or adjacent to one of the following: (i)

A residential development;

(ii)

A designated municipal park;

(iii)

A designated design district with decorative poles;

(iv)

A designated historic district; or

(v)

An area that has undergrounding requirements;

(4)

A proposal to conceal or camouflage the network node, node support pole, related equipment, or any portion thereof, if applicable;

(5)

City pole identification information, if a city pole is proposed;

(6)

Written consent from owners of non-city owned infrastructure; and

(7)

A certificate that the network node complies with applicable regulations of the Federal Communications Commission.

Consolidated permits. A network provider submitting an application to install or collocate multiple network nodes may file a consolidated permit application for not more than 30 network nodes.

Sec. 46-295. Installation and Inspections. (a)

A network provider shall, at its own cost and expense, install micro network nodes, network node facilities, node support poles and related ground equipment in a good and workmanlike manner in accordance with this chapter.

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(b)

The director of public works may perform inspections of any micro network node, network node, node support pole or related ground equipment located in the right-of-way.

Sec. 46-296. Collocation. A network provider shall collocate network nodes on poles pursuant to an agreement with the city. Sec. 46-297 Replacement, Maintenance, and Repair (a)

A network provider shall provide the city with 10 days’ advanced written notice of the following activities in the right of way: (1) Routine maintenance that does not require excavation or the closing sidewalks or vehicular lanes; (2) Replacement or upgrading a network node or pole with a network node or pole that is substantially similar in size or smaller and that does not require excavation or the closing of sidewalks or vehicular lanes; and (3) The installation, placement, maintenance, operation, or replacement of micro network nodes that are strung on cables between existing poles or node support poles in compliance with the National Electrical Safety Code.

(b)

A network provider shall comply with the requirements of this chapter and other applicable ordinances, when installing, replacing, maintaining, repairing, upgrading, removing, relocating or operating network nodes, network node facilities, node support poles and related ground equipment.

Sec. 46-298 Relocation Except as provided in state and federal law, a network provider shall relocate or adjust network nodes in a public right-of-way, as determined by the city, within 90 days and without cost to the city.” Section 8. The City Council hereby approves and adopts the City of Missouri City Wireless Services Design Manual, attached hereto as Exhibit “A,” and made a part hereof, a copy of same being on file with the City Secretary. Section 9. Repeal. All ordinances or parts of ordinances in conflict herewith, if any, shall be and are hereby repealed only to the extent of such conflict. Section 10. Penalty. Any person who violates, or any person who causes or allows another person to violate, any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than Five Hundred Dollars ($500.00). Each occurrence of any violation of this 01 - 2017.08.08 Wireless Facilities in Public Right of Way - Ord. Adding Art. X.doc

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Ordinance shall constitute a separate offense. Each day in which any violation of this Ordinance occurs shall constitute a separate offense. Section 11. Severability. 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 Missouri City, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. PASSED and APPROVED on first reading this 7th day of August, 2017. PASSED, APPROVED and ADOPTED on second and final reading this 21st day of August, 2017.

__________________________ Allen Owen, Mayor ATTEST:

APPROVED AS TO FORM:

_____________________________ Maria Jackson, City Secretary

__________________________ E. Joyce Iyamu, City Attorney

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CITY OF MISSOURI CITY WIRELESS SERVICES DESIGN MANUAL

City Engineer: Shashi Kumar, P.E. Adopted: August 2017

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1.01

GENERAL

A. This Wireless Services Design Manual (WSDM) has been adopted to protect the health, safety, and welfare of the public and to provide technical criteria and details necessary for permittees and right-of-way users seeking to install and construct network nodes, node support poles, and transport facilities in the City’s right of way. B. This WSDM applies to all wireless service providers and network providers as defined by V.T.C.A. Local Government Code ch. 284, and their agents. C. Permittees and right-of-way users shall comply with the Missouri City Code, including, but not limited to, Chapter 46, Infrastructure Standards, the city design manual, and this WSDM for the placement of facilities in the City’s rightof-way. D. To the extent of any conflict between Chapter 46, Infrastructure Standards, the city design manual, and this WSDM, this WSDM shall prevail. To the extent of any conflict between this WSDM and V.T.C.A. Local Government Code ch. 284, V.T.C.A. Local Government Code ch. 284 shall prevail. 1.02

REFERENCES

All projects that are required to conform to this WSDM shall comply with all applicable federal, state, and local laws, including, but not limited to, City ordinances. All construction plans and supporting documentation shall conform to the requirements of the standards set forth herein and all applicable federal, state, and local laws. Relevant related laws include, but are not limited to, the following: A.

City of Missouri City: 1. Infrastructure Standards, Chapter 46, City Code 2. Article X, Network Nodes, Node Support Poles, and Related Facilities, Chapter 46, City Code 3. Buildings and Building Regulations, Chapter 14, City Code 4. Chapter 12, City Design Manual

B.

State: 1. V.T.C.A. Local Government Code ch. 284

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1.03

DEFINITIONS For the purposes of this WSDM, except as set forth herein, the words and phrases set forth in Article X, Chapter 46, of the City Code and the city design manual, including, Section 12.02, shall apply. The following words and phrases shall have the meanings respectively ascribed to them by this section. Chapter 284 means V.T.C.A. Local Government Code ch. 284. Highway right-of-way means right-of-way adjacent to a state or federal highway. Street includes only the paved portion and sub-grade of the right-of-way used for vehicular travel, being the area between the inside of the curb to the inside of the opposite curb, or the area between the two parallel edges of the paved roadway for vehicular travel where there is no curb. A “street” is generally part of, but smaller in width than the width of the entire right-of-way, while a right-of-way may include sidewalks and utility easements, a “street” does not. A “street” does not include the curb or the sidewalk, if either are present at the time of a permit application or if added later. Underground requirement area means an area where poles, overhead wires, and associated overhead or above ground structures have been removed and buried or have been approved for burial underground pursuant to City ordinances, zoning regulations, state law, private deed restrictions, or other public or private restrictions, that prohibit installing aboveground structures in a right-of-way.

1.04

LOCATION RESTRICTIONS FOR NETWORK SUPPORT POLES, TRANSPORT FACILITIES, GROUND EQUIPMENT

NODES, NODE AND RELATED

A network provider shall locate network nodes, node support poles, transport facilities and related equipment as follows: A.

Residential Developments. A network provider is prohibited from installing a node support pole in a right-of-way without the City's written consent if the right-of-way is adjacent to a street or thoroughfare that is: 1.

Not more than 50 feet wide of paved street surface; and

2.

Adjacent to a residential development or undeveloped land that is designated for residential use by zoning or deed restrictions.

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B.

Municipal Parks. A network provider is prohibited from installing a node support pole in a right-of-way in a municipal park without the City's written consent.

C.

Private Restrictions. A network provider shall install a network node or node support pole in a right-of-way described in subdivision 1.04.A or 1.04.B in accordance with applicable private deed restrictions and other private restrictions.

D.

Service Poles. A person shall enter into an agreement with the City before collocating network nodes on service poles.

E.

Historic Districts. A network provider shall obtain advance written approval from the City before collocating new network nodes or installing node support poles in a historic district.

F.

Design Districts. A network provider shall obtain advance written approval from the City before collocating new network nodes or installing node support poles in a design district with decorative poles.

G.

Undergrounding Requirements. A network provider shall comply with undergrounding requirements, including municipal ordinances, zoning regulations, state law, private deed restrictions, and other public or private restrictions, that prohibit installing aboveground structures in a right-of-way without first obtaining zoning or land use approval.

1.05

1.

The City may designate areas from time to time as underground requirement areas and may convert areas of overhead utilities to underground areas, as may be allowed by law.

2.

Pursuant to Sections 4.08 and 12.06.E of the city design manual, the following areas are designated as underground requirement areas: a. Right-of-ways of curb and gutter streets; and b. With respect to new utility lines, right-of-ways along front property lines.

3.

Liberal construction. Designations shall be liberally construed. Additional areas may be designated at any time.

LOCATION PREFERENCES FOR NETWORK SUPPORT POLES, TRANSPORT FACILITIES EQUIPMENT A.

NODES, NODE AND RELATED

The following locations are the City’s preferred locations, with subdivision 1 being the most preferred location and subdivision 3 being the least of

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the preferred locations, for network nodes, node support poles, transport facilities and related ground equipment:

B.

C.

1.

Areas zoned to allow I industrial uses and BP business park uses, as such uses are described in the City’s zoning regulations, if not adjacent to a municipal park, residential development, historic district, or design district;

2.

Highway rights-of-way areas not adjacent to a municipal park, residential development, historic district or design district; and

3.

Areas zoned to allow LC-2 local retail, LC-3 retail, and LC-4 retail uses, as such uses are described in the City’s zoning regulations, if not adjacent to a municipal park, residential development, historic district or design district.

The following locations, with subdivision 1 being the most preferred location and subdivision 3 being the least of the preferred locations, are the City’s preferred locations for network node attachments to existing facilities, new node support poles and related ground equipment: 1.

Existing telephone or electrical lines between existing utility poles; provided that, micro network nodes shall only be lashed on existing telephone or electrical lines between existing utility poles (electric poles or telephones poles) with notice to the pole owner as required by the Federal Pole Attachment Act, and not placed on utility poles, node support poles or service poles;

2.

Existing utility poles (electric poles or telephones poles);

3.

Service poles, provided that such poles: (i)

Are non-decorative street lights with a height of more than 20 feet; or

(ii)

Are traffic signals with a height of more than 20 feet if such installation will not interfere with the integrity of the facility and will not interfere with the safety of the public.

The following locations, with subdivision 4 being the least preferred location and subdivision 1 being the most preferred of the least preferred locations, are the City’s least preferred locations for network nodes, node support poles, transport facilities and related equipment: 1.

Municipal Parks: In a municipal park or adjacent to a street or thoroughfare that is adjacent to a municipal park;

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D.

1.06

2.

Historic Districts: In an area designated by the City as a historic district;

3.

Design Districts: In an area designated by the City as a design district; and

4.

Residential Developments: In or adjacent to a street or thoroughfare that is adjacent to a residential development or undeveloped land that is designated for residential use by zoning or deed restrictions.

The following locations, with subdivision 4 being the least preferred location and subdivision 1 being the most preferred of the least preferred locations, are the least preferred locations for network nodes network node attachments to existing facilities, new node support poles and related ground equipment: 1.

Ground equipment;

2.

New node support poles;

3.

Municipal service poles not described in subsection 1.05.B.3 of the WSDM; and

4.

Street signage.

GUIDELINES FOR THE PLACEMENT OF WIRELESS FACILITIES A network provider shall construct and maintain network nodes, node support poles, ground equipment, and related equipment in accordance with the following regulations: A.

General requirements. A network provider shall construct and maintain network nodes and node support poles in a manner that does not: 1.

Obstruct, impede, or hinder the usual travel or public safety on a right-of-way;

2.

Obstruct the legal use of a public right-of-way by other utility providers;

3.

Violate applicable codes;

4.

Violate or conflict with Chapter 46 of the city code, including the city design manual;

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5.

Violate the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.); or

6.

Interfere with City safety communication networks.

B.

Interference. Wireless facilities shall be installed in a manner that does not cause interference with public safety radio infrastructure or signals. Network nodes are prohibited on the City’s public safety radio infrastructure.

C.

State and Federal Rights-of-way permit. A network provider shall provide evidence of a permit from the state or federal government if the project lies within a highway right-of-way.

D.

Height and Distance Limitations. Except as provided herein, a network provider shall not construct, modify, or maintain a network node or node support pole that exceeds the height or distance requirements set forth in Chapter 284. A network provider may construct, modify, or maintain a network node or node support pole that exceeds the height or distance requirements set forth in Chapter 284, provided that the City approves the construction, modification, or maintenance, subject to all applicable zoning and land use regulations and applicable codes, in writing.

E.

Size and Height Requirements. A network provider shall comply with the size and height requirements set forth in Chapter 284.

F.

Network Node Facilities Placement. 1.

Right-of-Way. Network node facilities, node support poles and related ground equipment shall be placed, as much as possible, within two (2) feet of the outer edge of the right-of-way line to minimize any obstruction, impediment, or hindrance to travel or safety in a right-of-way.

2.

Height above ground. Network node attachments to a pole must be installed at least eight (8) feet above the ground, and if a network node attachment is projecting toward the street, the attachment shall be installed no less than sixteen (16) feet above the ground.

3.

General Protrusions. A protrusion from the outer circumference of the structures shall not be more than two (2) feet from the: a. b.

Existing structure or pole; or Node support pole.

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4.

Network Nodes per Pole. Multiple network nodes may be installed on any one pole.

5.

Antennas. a.

Each antenna that does not have exposed elements and is attached to an existing structure or pole shall: i. ii. iii.

b.

If an antenna has exposed elements and is attached to an existing structure or pole, the antenna and all of the antenna’s exposed elements shall: i. ii. iii.

Fit within an imaginary enclosure of not more than six cubic feet; Consist of a height not exceeding three feet above the existing pole or structure; and Not protrude from the outer circumference of the existing structure or pole by more than two feet.

6.

Size of attachments. The cumulative size of other wireless equipment associated with a network node attached to an existing structure or pole shall not be more than 28 cubic feet in volume and shall not protrude from the outer circumference of the existing structure or pole by more than two feet.

7.

Equipment Cabinets. An equipment cabinet installed as part of a network node shall not exceed a height of three feet six inches from grade.

8.

Enclosures. a. Ground based enclosures, separate from the pole, shall consist of a height not exceeding three feet six inches from grade, wider than three feet six inches, or deeper than three feet six inches. b.

G.

Be located inside of an enclosure of not more than six cubic feet in volume; Consist of a height not exceeding three feet above the existing structure or pole; and Not protrude from the outer circumference of the existing structure or pole by more than two feet.

Pole-mounted enclosures shall not be taller than five feet.

New Node Support Poles.

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1.

Spacing. New node support poles shall be spaced apart from existing utility poles or node support poles in accordance with Section 12.06 of the city design manual.

2.

Visibility. New node support poles shall be installed to allow visibility in accordance with Section 11.11 of the city design manual.

3.

Height. A replacement node support pole shall not exceed the lesser of:

4.

H.

I.

a.

10 feet in height above the tallest existing utility pole located within 500 linear feet of the new pole in the same public right-of-way; or

b.

55 feet above ground level.

Equipment. Equipment attached to new node support poles shall not protrude from the outer edge of the node support pole by more than two feet.

Ground Equipment. 1.

Near street corners and intersections. Ground equipment shall be minimal and maintained in the least intrusive manner. To minimize any obstruction, impediment, or hindrance to travel or public safety in a right-of-way, ground equipment shall not be installed within 250 feet of a street corner or a street intersection.

2.

Near Municipal Parks. A network provider shall not install ground equipment in a right-of-way that is within a municipal park or within 250 feet of the boundary line of a municipal park, unless approved in writing by the Director of Public Works.

Municipal Service Poles. 1.

Agreement required. Installations on a pole shall be in accordance with an agreement with the City.

2.

Required industry standard pole load analysis. Installations on all service poles shall have an industry standard pole load analysis completed and submitted to the City with each permit application indicating whether the service pole to which the network node is to be attached will safely support the load.

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3.

Height of attachments. All attachments on all service poles shall be at least eight (8) feet above grade, and, if a network node attachment is projecting toward the street, the attachment shall be installed no less than sixteen (16) feet above the ground.

4.

Installations on Traffic Signals. An installation on a traffic signal structure shall not interfere with the integrity of the structure. An installation of a network node facility on a traffic signal structure shall:

5.

J.

a.

Be encased in a separate conduit than the traffic light electronics;

b.

Have a separate electric power connection than the traffic signal structure; and

c.

Have a separate access point than the traffic signal structure.

Installations on Street Signage. An installation on a street sign shall not interfere with the integrity of the street sign. An installation of a network node facility on a street sign structure that has electrics shall: a.

Be encased in a separate conduit than any City signage electronics;

b.

Have a separate electric power connection than the signage structure; and

c.

Have a separate access point than the signage structure.

Utility Poles. 1.

Equipment attached to a utility pole must be installed in accordance with the National Electrical Safety Code, subject to applicable codes, and the utility pole owner’s construction standards.

2.

A replacement utility pole shall not exceed the lesser of: a.

10 feet in height above the tallest existing utility pole located within 500 linear feet of the new pole in the same public right-of-way; or

b.

55 feet above ground level.

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1.07

GENERAL AESTHETIC FACILITIES

REQUIREMENTS

FOR

WIRELESS

Network providers and wireless service providers shall comply with the following requirements: 1.

Concealment. Network nodes, node support poles, and related equipment located in design districts with decorative poles and in historic districts shall be concealed.

2.

Colors. Network nodes, node support poles, and related equipment located in design districts with decorative poles and in historic districts shall consist of one or more of the following colors, provided that such colors blend into the environment in which the network node, node support pole, or related equipment is placed: beige, black, bronze, brown, buff, cream, forest green, gray, olive, sage, sand, or tan.

3.

Private Restrictions. Network nodes, node support poles, and related equipment located in residential developments shall be installed in accordance with applicable private deed restrictions and other private restrictions.

1.08

ELECTRICAL SUPPLY FOR WIRELESS FACILITIES

A.

A network provider shall obtain any required electrical power service to the network node, network node facilities, node support poles and ground equipment. The City shall not be liable to the network provider for any stoppages or shortages of electrical power furnished to the network node, network node facilities, node support poles or ground equipment, including without limitation, stoppages or shortages caused by any act, omission, or requirement of the utility serving the structure or the act or omission of any other tenant or network provider of the structure, or for any other cause.

B.

A network provider shall not install, allow, use, or facilitate the presence or use of generators or back-up generators in the right-of-way.

1.09

GENERAL PROVISIONS FOR WIRELESS FACILITIES

A.

Signage. Pursuant to Section 46.102 of the City Code, a network provider shall post its name, location identifying information, and emergency telephone number in an area on the cabinet of the network node facility that is visible to the public. Signage required under this section shall not

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exceed 4” x 6,” unless otherwise required by law or the Director of Public Works.

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The information on this map is provided and maintained by various agencies, including county departments, municipal governments, state and federal agencies. No guarantee is given as to the accuracy or currency of any of the data. The map is designed to serve as a secondary representation of real property found within this jurisdiction, and is compiled from the recorded deeds, plats, and other public records, which are primary sources for this public information. Users of this map are hereby notified that these primary sources should be consulted for verification of the information presented here. The data layers do not take the place of a legal survey or other primary source documentation. The city and its vendors assume no legal responsibility for the information on this map.

 

 

CHANGES MARKED

Chapter 46 ‐ INFRASTRUCTURE STANDARDS   ARTICLE I. ‐ IN GENERAL   . . . .

Sec. 46‐2. ‐ Definitions.   The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandon means to fail to operate a facility for a continuous period of two (2) years.

Antenna means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.

Applicable codes means the uniform building, fire, electrical, plumbing, and mechanical codes adopted by the city and adopted by a recognized national code organization and any local amendments to those codes.

Building official means the chief building official of the city or his designee.

Collector streets means street routes that have short travel distances and collect traffic from intracity streets and funnel it into major thoroughfares or other collector streets.

Collocate and collocation mean the installation, mounting, maintenance, modification, operation, or replacement of network nodes in a right-of-way on or adjacent to a pole.

Conceal and camouflage mean to cover, blend, paint, disguise, or otherwise obscure such that the wireless facility blends into the surrounding environment and is visually unobtrusive. A concealed or camouflaged wireless facility or pole includes any wireless facility or pole conforming to the surrounding area in which the wireless facility or pole is located and may include, but is not limited to a wireless facility or pole hidden beneath a façade, blended with surrounding area design, painted to match the supporting area, or disguised with artificial tree branches.

Page 1 of 13

 

 

 

CHANGES MARKED

Commercial/industrial developments means any land area zoned or devoted primarily to commercial or industrial use, including areas zoned as LC-O, LC, LC-1, LC-2, LC-3, LC4, I, BP or any PD and SUP devoted primarily to commercial or industrial use.

Decorative pole means a streetlight pole specially designed and placed for aesthetic purposes and on which no appurtenances or attachments, other than specially designed informational or directional signage or temporary holiday or special event attachments, have been placed or are permitted to be placed according to nondiscriminatory municipal codes.

Design district means an area that is zoned, or otherwise designated by the code, and for which the city maintains and enforces unique design and aesthetic standards.

Director of public works means the city director of public works or his designee.

Driveway means an entrance to and exit from premises where it is possible to park completely off the street, and which is not open for vehicular traffic except by permission of the owner of such private property.

Driveway approach means a way or place including paving and curb returns between the street travel lanes and private property that provides vehicular access between the roadway and such private property.

Dwelling unit means a building or portion thereof designed exclusively for residential occupancy.

Highway, street or roadway means a general term denoting a public or private way for the purpose of vehicular travel.

Historic district means an area that is zoned or otherwise designated as a historic district under municipal, state, or federal law.

Page 2 of 13

 

 

 

CHANGES MARKED

Infrastructure means any facility or structure proposed to be constructed, reconstructed, repaired, or regarded wholly or partially within right-of-way public easements or connecting to right-of-way, including, but not limited to, streets, driveways, sidewalks, curbs, gutters, culverts, open ditches, storm drains, and irrigation facilities owned or maintained by a public entity.

Major thoroughfare means highways, streets, and roadways devoted to moving large volumes of traffic over long distances. Major thoroughfares shall be set forth in the major thoroughfare plan adopted by the city council, and may from time to time be amended.

Micro network node means a network node that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height, and that has an exterior antenna, if any, not longer than 11 inches.

Municipally owned utility pole means a utility pole owned or operated by a municipally owned utility, as defined by V.T.C.A., Utilities Code §11.003, and located in a public right-of-way.

Municipal park means an area that is zoned or otherwise designated by the code as a public park for the purpose of recreational activity.

Network node means equipment at a fixed location that enables wireless communications between user equipment and a communications network. The term includes: (1) equipment associated with wireless communications, including, but not limited to, distributed antenna systems (DAS) and small cells; (2) a radio transceiver, an antenna, a battery-only backup power supply, and comparable equipment, regardless of technological configuration; and (3) coaxial or fiber-optic cable that is immediately adjacent to and directly associated with a particular collocation. The term does not include: (1) an electric generator; (2) a pole; or (3) a macro tower, as defined by V.T.C.A., Local Government Code §284.002.

Network provider means: (1) a wireless service provider; or (2) a person that does not provide wireless services and that is not an electric utility but builds or installs on behalf of a wireless service provider: (a) network nodes; or (b) node support poles or any other structure that supports or is capable of supporting a network node.

Page 3 of 13

 

 

 

CHANGES MARKED

Node support pole means a pole installed by a network provider for the primary purpose of supporting a network node.

Pole means a service pole, municipally owned utility pole, node support pole, or utility pole.

Residential developments means all areas zoned as R, R-1, R-1-A, R-2, R-3, R-4, R-5, R-6, MF-1, MF-2, MH, or otherwise zoned or devoted primarily to residential use, and shall include all other areas not zoned or used primarily for commercial or industrial use.

Right-of-way means property that is publicly owned or upon which a governmental entity has an express or implied property interest (e.g. fee title, easement, etc.) held for a public purpose. Examples of such public purpose include, by way of example and not limitation, highways, streets, sidewalks, drainage facilities, sewerage and water facilities.

Service pole means a pole, other than a municipally owned utility pole, owned or operated by the City and located in a right-of-way, including: (1) a pole that supports traffic control functions; (2) a structure for signage; (3) a pole that supports lighting, other than a decorative pole; and (4) a pole or similar structure owned or operated by a municipality and supporting only network nodes.

Sidewalk means the section of pavement between the curb lines of a roadway and the adjacent property lines intended for the use of pedestrians.

Soils means dirt, sand and other similar earth matter, and shall also mean rocks and other solid or semisolid mass material, whether produced by man or nature, but shall not include the matter composing the infrastructure or appurtenances thereto.

Traffic signal means any device, whether manually, electrically, or mechanically operated by which traffic is alternately directed to stop and to proceed.

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CHANGES MARKED

Transport facility means each transmission path physically within a right-of-way, extending with a physical line from a network node directly to the network, for the purpose of providing backhaul for network nodes.

Utility means any privately or publicly owned entity which uses public rights-of-way to furnish to the public any general public service, including, without limitation, water, sanitary sewer, gas, electricity, telephone, petroleum products, telegraph, heat, steam or chilled water, together with the equipment, structures, and appurtenances belonging to such entity and located within and near the right-of-way.

Utility pole means a pole that provides: (1) electric distribution with a voltage rating of not more than 34.5 kilovolts; or (2) services of a telecommunications provider, as defined by V.T.C.A., Utilities Code §51.002.

Wireless facilities mean network nodes, node support poles, and related equipment.

Wireless service means any service, using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public using a network node.

Wireless service provider means a person that provides wireless service to the public. .  .  .  .   Sec. 46-6. - Applicability of chapter to utilities and, transportation networknetworks, and wireless facilities. (a)

TheExcept as provided herein, the provisions of this chapter shall apply to all persons, and political subdivisions of the state, designing or installing or causing to be designed or installed utilities or, transportation facilities, or wireless facilities within the corporate limits of the city or within the city's extraterritorial jurisdiction, as that term is defined by the Municipal Annexation Act, compiled as V.T.C.A., Local Government Code § 42.001 et seq. The installation of any utility system or portion thereof not in accordance with this chapter or the city design manual shall constitute a violation subject to the penalty provision set forth in section 1-13. To the extent that any clause, phrase, provision, sentence or part of this chapter conflicts with V.T.C.A., Local Government Code ch. 284, regarding the deployment of network nodes in right-of-way, this chapter does not apply.

Page 5 of 13

 

 

  (b)

CHANGES MARKED

The city shall not be responsible for damage to any utility system, transportation facility, wireless facility, or component thereof when such system or component is not installed in accordance with the provisions of this chapter and the city design manual. the right-ofway. Facilities in the right-of-way that are owned by persons other than the city are not and shall not become or be considered by the city as being affixed to or a part of, the right-of-way. Such facilities constructed, modified, erected, or placed on the right-of-way shall be and remain the property of the right-of-way user.

.  .  .  .   Sec. 46-8. - Indemnity. To the extent authorized by law, the right-of-way user shall indemnify and hold the city and its officers and employees harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees (including reasonable attorney's fees and costs of defense), proceedings, actions, demands, causes of action, liability, and suits of any kind and nature, including personal or bodily injury (including death), property damage, or other harm for which recovery of damages is sought that is found to be caused by the negligent act, error, or omission of the user of the right-of-way, any agent, officer, director, representative, employee, affiliate, or subcontractor of the right-of-way user, or its respective officers, agents, employees, directors, or representatives, while installing, repairing, or maintaining facilities in a right-of-way. If a right-of-way user and the city are found jointly liable by a court of competent jurisdiction, liability shall be apportioned comparatively in accordance with the laws of this state without, however, waiving any governmental immunity available to the city under state law and without waiving any defenses of the city under state law. This section is solely for the benefit of the city and the right-ofway user and does not create or grant any rights, contractual or otherwise, to any other person or entity.

  Secs. 46‐89—46‐19. ‐ Reserved.   ARTICLE II. ‐ RIGHT‐OF‐WAY MANAGEMENT   .  .  .  .   Sec. 46‐22. ‐ Soils, equipment, or materials within right‐of‐way.   (a) Requirement to keep right-of-way free from soils, equipment and materials. It shall be unlawful for persons subject to the requirements of this chapter and of the city design manual and for abutting owners to the right-of-way or any other person or entity performing work in or near the right-of-way to cause or permit the accumulation of soils or the storage of equipment or materials within the right-ofway without prior written approval from the director of public works to temporarily occupy such rightof-way and the submittal to the city of a bond in accordance with section 46-20. Such bond shall provide that the principal therein will discharge all claims of every character arising from or occasioned by such occupancy of such right-of-way, or by reason of damages or injuries sustained by persons or property because of such occupancy of right-of-way, or the construction or repair of such building to which the soils or materials relate or the making of such excavation and discharge all judgments obtained, together with all costs attached thereto against the city by reason of any such claim, injury or damage sustained. Every person carrying on excavation, building operations or similar activity within or near the right-of-way shall keep all such right-of-way in a clean and orderly condition, and unobstructed except as provided in this section, during such operation, and at the expiration of the time stipulated in the written approval from the director of public works, shall restore all such right-of-way to as good condition as they were before the beginning of such operations. Page 6 of 13

 

 

 

CHANGES MARKED

(b) Failure to keep the right-of-way free from soils, equipment and materials. A violation of this section shall constitute a forfeiture of all rights and privileges granted by this section and by the written approval from the director of public works. (c) Abatement of soils, equipment and materials within the right-of-way. The city has the right to remove any and all unlawful accumulation of soils, equipment and materials from the right-of-way and to take all other measures available to it under law to abate the same, including the declaration of unlawful accumulation of soils, equipment and materials within the right-of-way as a public nuisance when the same constitutes a serious hazard to the safety of persons or property; and to order the removal thereof. Any costs incurred in the removal of accumulation of soils, material or equipment shall be billed to the person or entity causing such accumulation. (d) A right-of-way user shall remove facilities that are located in the incorrect location within 90 days of being provided written notice of such incorrect placement. The city may remove a facility if the rightof-way user does not remove such facility within 90 days. A right-of-way user shall reimburse the city for the cost of removal within 30 days of receiving an invoice detailing such removal.

.  .  .  .   ARTICLE III. ‐ ADMINISTRATION   .  .  .  .   DIVISION 3. ‐ CONSTRUCTION PLANS     Sec. 46‐71. ‐ Requirement.   Construction plans for improvements in the public right-of-way and in public easements shall be prepared by a registered professional engineer and submitted in accordance with the requirements and specifications of this chapter and city design manual. Multiple copies of such document shall be provided in accordance with the schedule of required copies. No improvements shall be installed until and unless such plans shall have been received and approved by the city.

Sec. 46‐72. ‐ Review by state department of transportation.   The state department of transportation may require its review of plans for certain proposed improvements, such as driveways, sidewalks and drainage facilities, that are located on or which abut state right-of-way. Evidence of this review and approval must be submitted with the construction plan prior to the city permitting such work. The state's approval does not create an exception to obtaining the city's approval through its permit process. Sec. 46-73. - As Built Maps and Records. After completing work within the right-of-way, a permittee shall provide to the city copies of maps and construction records of permitted facilities as they are actually constructed in the right-of-way and shall provide additional copies of such maps and records to the city upon request. A permittee shall maintain copies of such maps and records.

  Secs. 46‐7374—46‐100. ‐ Reserved.  

Page 7 of 13

 

 

 

CHANGES MARKED

.  .  .  .  

ARTICLE X.

NETWORK NODES, NODE SUPPORT POLES, AND RELATED FACILITIES IN THE PUBLIC RIGHT OF WAY

Sec. 46-291.

Purpose and authority.

(a)

The purpose of this article is to facilitate the use of the right-of-way for network node deployments in accordance with V.T.C.A., Local Government Code ch. 284.

(b)

Provided that the requirements set forth in V.T.C.A., Local Government Code ch. 284, this chapter, the city design manual, the city wireless services design manual, and a valid permit are met, a network provider may use the public right-of-way to:

(c)

(1)

construct, modify, maintain, operate, relocate, and remove a network node or node support pole;

(2)

modify or replace a utility pole or node support pole; and

(3)

collocate on a pole, subject to an agreement with the city.

Provided that the requirements set forth in V.T.C.A., Local Government Code ch. 284, this chapter, the city design manual, the city wireless services design manual, and a valid permit are met, a network provider may use the public right-of-way to:

(1)

install its own transport facilities; or

(2)

obtain transport service from a person that is paying fees to the city to occupy the right-of-way.

Sec. 46-291. City wireless services design manual. (a)

The city herein adopts the city wireless services design manual which sets forth additional installation and constructions requirements for wireless service facilities. Any amendments to the city wireless services design manual shall be adopted by the city council pursuant to an ordinance.

(b)

A person shall comply with the wireless services design manual as a condition of approval of any application, permit, or other approval required pursuant to this chapter.

Sec. 46-293.

Designations; concealment requirement.

(a) Design districts. For the purposes of this article, the city herein designates the following areas as design districts:

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CHANGES MARKED

(1) Area to which section 7A, Architectural Design Standards, of Appendix A, of this code applies, and a depiction of which shall be kept on file with the city secretary and the director of public works; and (2) Areas zoned as PD that include unique design and aesthetic standards. (b) Municipal parks. For the purposes of this article, the city herein designates any land zoned as CF as a municipal park for the purpose of recreational activity. (c) Historic districts. For the purposes of this article, the city herein designates any area that is designated as a historic district pursuant to state or federal law as a historic district. (d) Liberal construction. Designations provided by this section shall be liberally construed. Additional areas may be designated at any time. (e) Concealment requirement. Network nodes, node support poles, and related equipment in design districts with decorative poles or located in historic districts shall be concealed or camouflaged. Sec. 46-294. (a)

Additional Permit Application Requirements.

Permit Application. A permit issued pursuant to this chapter is required to install a network node, a node support pole, or a transport facility in the right of way and prior or to excavate or close sidewalks or vehicular lanes in a right-of-way in association with any routine maintenance, replacement, repair, or upgrading work. In addition to the requirements set forth in this chapter, the city design manual, and the city wireless services design manual, an application for a permit pursuant to this article shall include the following: (1)

Detailed drawings, with calculations to show conformity to the limitations set forth in V.T.C.A., Local Government Code ch. 284, the city design manual, and the city wireless services design manual, including, but not limited to, descriptions of any required enclosures, the size of network nodes, pole height, visibility requirements, as provided by section 11.11 of the city design manual, and spacing requirements, as provided by section 12.06 of the city design manual;

(2)

An analysis showing that the proposed wireless facility will not cause any interference with city public safety radio system, traffic signal light system, the City Traffic Management Center, as generally described in the city design manual, and other city safety communications components;

(3)

A description of the proposed location, including whether such location will be within or adjacent to one of the following: (i)

A residential development;

(ii)

A designated municipal park;

(iii)

A designated design district with decorative poles;

Page 9 of 13

 

 

 

(b)

Sec. 46-295.

CHANGES MARKED

(iv)

A designated historic district; or

(v)

An area that has undergrounding requirements;

(4)

A proposal to conceal or camouflage the network node, node support pole, related equipment, or any portion thereof, if applicable;

(5)

City pole identification information, if a city pole is proposed;

(6)

Written consent from owners of non-city owned infrastructure; and

(7)

A certificate that the network node complies with applicable regulations of the Federal Communications Commission.

Consolidated permits. A network provider submitting an application to install or collocate multiple network nodes may file a consolidated permit application for not more than 30 network nodes. Installation and Inspections.

(a)

A network provider shall, at its own cost and expense, install micro network nodes, network node facilities, node support poles and related ground equipment in a good and workmanlike manner in accordance with this chapter.

(b)

The director of public works may perform inspections of any micro network node, network node, node support pole or related ground equipment located in the right-of-way.

Sec. 46-296. Collocation. A network provider shall collocate network nodes on poles pursuant to an agreement with the city.

Sec. 46-297

(a)

Replacement, Maintenance, and Repair

A network provider shall provide the city with 10 days’ advanced written notice of the following activities in the right of way:

(1) Routine maintenance that does not require excavation or the closing sidewalks or vehicular lanes;

Page 10 of 13

 

 

 

CHANGES MARKED

(2) Replacement or upgrading a network node or pole with a network node or pole that is substantially similar in size or smaller and that does not require excavation or the closing of sidewalks or vehicular lanes; and

(3) The installation, placement, maintenance, operation, or replacement of micro network nodes that are strung on cables between existing poles or node support poles in compliance with the National Electrical Safety Code.

(b)

A network provider shall comply with the requirements of this chapter and other applicable ordinances, when installing, replacing, maintaining, repairing, upgrading, removing, relocating or operating network nodes, network node facilities, node support poles and related ground equipment.

Sec. 46-298

Relocation

Except as provided in state and federal law, a network provider shall relocate or adjust network nodes in a public right-of-way, as determined by the city, within 90 days and without cost to the city.

Page 11 of 13

 

Document comparison by Workshare Compare on Friday, August 04, 2017 11:37:01 AM Input:

Document 1 ID Description Document 2 ID

Description Rendering set

file://W:\Legal Department\Ordinance\Design Man\Drafts\SB 1004\Chapter_46___INFRASTRUCTURE_STANDARDS. docx Chapter_46___INFRASTRUCTURE_STANDARDS file://W:\Legal Department\Ordinance\Design Man\Drafts\SB 1004\Chapter_46___INFRASTRUCTURE_STANDARDS REV 2017.08.04.docx Chapter_46___INFRASTRUCTURE_STANDARDS REV 2017.08.04 Standard

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CHANGES MARKED . . . . 1.04

LOCATION RESTRICTIONS FOR NETWORK SUPPORT POLES, TRANSPORT FACILITIES, GROUND EQUIPMENT

NODES, NODE AND RELATED

A network provider shall locate network nodes, node support poles, transport facilities and related equipment as follows: . . . . G.

Undergrounding Requirements. A network provider shall comply with undergrounding requirements, including municipal ordinances, zoning regulations, state law, private deed restrictions, and other public or private restrictions, that prohibit installing aboveground structures in a right-of-way without first obtaining zoning or land use approval. 1.

The City may designate areas from time to time as underground requirement areas and may convert areas of overhead utilities to underground areas, as may be allowed by law.

2.

Pursuant to Sections 4.08 and 12.06.E of the city design manual, the following areas are designated as underground requirement areas: a. Right-of-ways of curb and gutter streets; and b. With respect to new utility lines, right-of-ways along front property lines.

3.

Liberal construction. Designations shall be liberally construed. Additional areas may be designated at any time.

2017.08.03 Wireless Facilities in Public Right of Way - Ord.-Amending Design Manual.doc

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CITY COUNCIL AGENDA ITEM COVER MEMO August 21, 2017 the show me city To: Agenda Item:

Mayor and City Council 6(e) Consider authorizing the negotiation and execution of a Joint Election Agreement and Contract for Election Services with Fort Bend County for the November 7, 2017 general election.

Submitted by:

Maria Jackson, City Secretary SYNOPSIS

The City is being asked to authorize the negotiation and execution of the Joint Election Agreement and Contract for Election Services with Fort Bend County for the November 7, 2017 general election. STRATEGIC PLAN 2019 GOALS ADDRESSED 

Maintain A Financially Sound City Government BACKGROUND

Since 1994, the City has contracted with Fort Bend County for election services and equipment. This contract states that the city agrees to hold a Joint Election in accordance with Chapter 271 of the Texas Election Code. The Fort Bend County Elections Administrator will coordinate, supervise, and handle all aspects of administering the Joint Election for those precincts in Fort Bend County. The City will pay Fort Bend County for equipment, supplies, services and administrative costs. The Fort Bend County Elections Administrator is also named as the administrator for the Joint Election and the City remains responsible for the lawful conduct of the election. City Staff is requesting to approve the negotiation and execution of the Joint Election Agreement. The City will also enter into a contract with Harris County for election services. Harris County has notified the City that their contract will be available in mid to late September. BUDGET/FISCAL ANALYSIS Funding Source

Account Number

Project Code/Name

FY18 Funds Budgeted

FY18 Funds Available

Amount Requested

Election $60,000 $31,937* $25,000 Expense *The funds available reflect a deduction of $25,000 for expenses that were approved on the 8-7-17 agenda. General Fund

101-53511-10-102

Purchasing Review: N/A Financial/Budget Review: LaToya Jasper, CPA, CGFO, CPM

Note: Compliance with the conflict of interest questionnaire requirements, if applicable, and the interested party disclosure requirements (HB 1295) has been confirmed/is pending within 30-days of this Council action and prior to execution. Sufficient funds have been budgeted for conducting the City’s general election on November 7, 2017. The cost of Missouri City’s general election is dependent upon the shared cost of each jurisdiction contracting with Fort Bend County for election services in November. The total cost for election services may fluctuate year after year due to some jurisdictions cancelling their elections, which may increase Missouri City’s shared cost for election services. Should the City move forward with the district races and special charter election on November 7, 2017, the estimated cost to contract election services with Fort Bend County; translate election notices to Spanish, Vietnamese, and Mandarin Chinese; and, publish all required election notices in the newspaper could range from $20,000 to $25,000. Should the City hold a runoff election, the cost will significantly increase. Below is the total cost of contracting our election services with Fort Bend County from 2010 to present: Year 2016

Total Cost $50,365.38

Election Information May 7, 2016, General Election to elect a Mayor and (2) At-Large City Councilmembers ($21,164.24) June 11, 2016, Runoff Election to elect an At-Large Position 2 City Councilmember ($23,971.62) Total Expenses Include: Election Signs: $1,665.62 Spanish Translation: $599.90 Publications: $2,964

2015

$17,881.82

May 9, 2015, General Election to elect District City Councilmembers *District C and District D races were unopposed and candidates were elected into office *Expenses included: transaction costs ($312.06), election signs ($90.00), and legal publication notice ($1,235.76).

2014

24,525.58

May 10, 2014, General Election to elect a Mayor and (2) At-Large City Councilmembers and a Special Bond Election for various public improvements which pertained to drainage, transportation, facilities and public safety. *At-Large Position 1 race was unopposed and candidate Jerry Wyatt was elected into office.

2013

$42,903

May 11, 2013, General Election to elect District City Councilmembers and Special Election regarding the (15) Charter Propositions.

*District C and D races were unopposed; however, district races were still on the ballot due to the Special election propositions. **Run-off election was held for Single member District A race. ***Election material was translated to Spanish, Vietnamese, and Chinese. 2012

$183.82

May 12, 2012, General Election to elect a Mayor and (2) At-Large City Councilmembers. *Missouri City May 12, 2012, was cancelled due to unopposed candidates. $183.82 cost was for translation expenses.

2011

$12,664

May 14, 2011, General Election to elect District City Councilmembers. *District B and District C races were unopposed and candidates were elected into office.

2010

$17,691

May 8, 2010, General Election to elect a Mayor and (2) At-Large City Councilmembers. *A Special Election was also held on May 8, 2010, to consider two propositions: adoption of an ordinance prohibiting smoking in certain public places and regulating City-wide municipal consolidation of trash collection.

SUPPORTING MATERIALS 1. Fort Bend County Joint Election Contract STAFF’S RECOMMENDATION Authorize the negotiation and execution of the contract.

THE STATE OF TEXAS COUNTY OF FORT BEND JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES THIS CONTRACT made by and between Fort Bend County, a body corporate and politic under the laws of the State of Texas, hereinafter referred to as “County” and the City of Missouri City hereinafter referred to as “Political Subdivision,” pursuant to Texas Election Code Sections 31.092 and 271.002 for a joint November 7, 2017 election to be administered by John Oldham, Fort Bend County Elections Administrator, hereinafter referred to as “Elections Administrator.” THIS CONTRACT is subject to the written approval of the Fort Bend County Attorney and shall not be binding on the parties until such written approval is obtained. Upon written approval of the Fort Bend County Attorney and the participating parties, this CONTRACT shall be binding on said parties. RECITAL The City of Missouri City is holding a General and a Special Election on November 7, 2017 (at the expense of the Political Subdivision) for the purpose of electing municipal officers and for approving, or disapproving, charter amendments. The County owns an electronic voting system, the Hart InterCivic eSlate and the eScan Voting System, which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and is compliant with the accessibility requirements set forth by Texas Election Code Section 61.012. Political Subdivision desires to use the County’s electronic voting system and to compensate the County for such use and to share in certain other expenses connected with joint elections in accordance with the applicable provisions of Chapters 31 and 271 of the Texas Election Code, as amended. NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS AGREED as follows:

I.

ADMINISTRATION

The parties agree to hold a “Joint Election” in accordance with Chapter 271 of the Texas Election Code and this agreement. The Fort Bend County Elections Administrator shall coordinate, supervise, and handle all aspects of administering the Joint Election as provided in this agreement. Political Subdivision agrees to pay Fort Bend County for equipment, supplies, services, and administrative costs as provided in this agreement. The Fort Bend County Elections Administrator shall serve as the administrator for the Joint Election; however, the Political Subdivision shall remain responsible for the lawful conduct of its election. The Elections Administrator shall provide advisory services in connection with decisions to be made and actions to be taken by the officers of the Political Subdivision. It is understood that other political subdivisions may wish to participate in the use of the County’s electronic voting system and polling places, and it is agreed that Fort Bend County and the Elections Administrator may enter into other joint election agreements and contracts for election services for those purposes on terms and conditions generally similar to those set forth in this contract. Political Subdivision agrees that Fort Bend County may enter into joint election agreements with other political subdivisions that may have territory located partially or wholly within the boundaries of Political Subdivision, and in such case all parties sharing common territory shall share a joint ballot on the county’s electronic voting system at the applicable polling places. In such cases, costs shall be pro-rated among the participants according to Section X of this contract. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. However, in no instance

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shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap.

II. LEGAL DOCUMENTS Political Subdivision shall be responsible for the preparation, adoption, and publication of all required election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and/or Political Subdivision’s governing body, charter, or ordinances. Preparation of the necessary materials for notices and the official ballot shall be the responsibility of Political Subdivision, including translation to languages other than English. Political Subdivision shall provide a copy of their respective election orders and notices to the Elections Administrator.

III. VOTING LOCATIONS Fort Bend County has adopted a countywide polling place program. Voters from Political Subdivisions participating in this Joint Election may cast a ballot at any polling location open for this election. The Elections Administrator shall select and arrange for the use of and payment for all Election Day voting locations. The proposed voting locations are listed in Attachment A of this agreement. In the event a voting location is not available, the Elections Administrator will arrange for use of an alternate location with the approval of the Political Subdivision. The Elections Administrator shall notify the Political Subdivision of any changes from the locations listed in Attachment A. If polling places for the November 7, 2017 joint election are different from the polling place(s) used by Political Subdivision in its most recent election, Political Subdivision agrees to post a notice no later than November 6, 2017 at the entrance to any previous polling places in the jurisdiction stating that the polling location has changed and stating the polling place names and addresses in effect for the November 7, 2017 election.

IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL Fort Bend County shall be responsible for the appointment of the presiding judge and alternate judge for each polling location in accordance with Chapter 32 of the Texas Election Code. The Elections Administrator shall make emergency appointments of election officials if necessary. Upon request by the Elections Administrator, Political Subdivision agrees to assist in recruiting polling place officials who are bilingual (fluent in both English and Spanish). The Elections Administrator shall notify all election judges of the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to insure that all election judges appointed for the Joint Election are eligible to serve. The Elections Administrator shall arrange for the training and compensation of all election judges and clerks. The Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up their election supplies. Each presiding election judge will be sent a letter from the Elections Administrator notifying the person of the appointment, the time and location of training and distribution of election supplies, and the number of election clerks that the presiding judge may appoint. Each election judge and clerk will receive compensation at an hourly rate established by Fort Bend County pursuant to Texas Election Code Section 32.091. Judges and Clerks will be compensated for actual time working at a polling place, time spent preparing the polling location prior to Election Day, and time spent attending any training classes required to successfully conduct the election. The election judge will receive an additional sum of $25.00 for picking up the election supplies prior to Election Day and for returning the supplies and equipment to the central counting station after the polls close.

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The Elections Administrator may employ other personnel necessary for the proper administration of the election, including such part-time help as is necessary to prepare for the election, to ensure the timely delivery of supplies during early voting and on Election Day, and for the efficient tabulation of ballots at the central counting station. Part-time personnel working in support of the Early Voting Ballot Board and/or central counting station on election night will be compensated at the rate set by Fort Bend County. It is agreed by all parties that at all times and for all purposes hereunder, all election judges, clerks, and all other personnel involved in this election are independent contractors and are not employees or agents of the County. No statement contained in this Agreement shall be construed so as to find any judge, clerk, or any other election personnel an employee or agent of the County, and no election personnel shall be entitled to the rights, privileges, or benefits of County employees except as otherwise stated herein, nor shall any election personnel hold himself out as an employee or agent of the County, unless considered a county employee as determined by the Fort Bend County Human Resources Department. It is further agreed by all parties that at all times and for all purposes hereunder, all election judges, clerks, and all other personnel involved in this election are independent contractors and are not employees or agents of Political Subdivision. No statement contained in this Agreement shall be construed so as to find any judge, clerk, or any other election personnel an employee or agent of Political Subdivision, and no election personnel shall be entitled to the rights, privileges, or benefits of Political Subdivision employees except as otherwise stated herein, nor shall any election personnel hold himself out as an employee or agent of Political Subdivision, unless considered an employee of the City of Missouri City as determined by the Human Resources Department of the City of Missouri City.

V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT The Elections Administrator shall arrange for all election supplies and voting equipment including, but not limited to official ballots, sample ballots, voter registration lists, and all forms, signs, maps and other materials used by the election judges at the voting locations. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. However, in no instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. The Elections Administrator shall provide the necessary voter registration information, maps, instructions, and other information needed to enable the election judges in the voting locations that have more than one ballot style to conduct a proper election. Political Subdivision shall furnish the Elections Administrator a list of candidates and/or propositions showing the order and the exact manner in which the candidate names and/or proposition(s) are to appear on the official ballot (including titles and text in each language in which Political Subdivision’s ballot is to be printed). This list shall be delivered to the Elections Administrator prior to the deadlines as described in section XVI. Political Subdivision shall be responsible for proofreading and approving the ballot insofar as it pertains to Political Subdivision’s candidates and/or propositions.

VI. EARLY VOTING The participating authorities agree to conduct joint early voting and to appoint the Election Administrator as the Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the Texas Election Code. The participating authorities agree to appoint the Elections Administrator’s permanent county employees as deputy early voting clerks. The participating authorities further agree that the Elections Administrator may appoint other deputy early voting clerks to assist in the conduct of early voting as necessary, and that these additional deputy early voting clerks shall be compensated at an hourly rate set by Fort Bend County pursuant to Section 83.052 of the Texas Election Code. Early Voting by personal appearance will be held at the locations, dates, and times listed in Attachment “B” of this document. Any qualified voter of the Joint Election may vote early by personal appearance at any one of the joint early voting locations. As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by mail in accordance with Chapters 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted

Page 3 of 7

by mail received by Political Subdivision shall be forwarded immediately by fax or courier to the Elections Administrator for processing. Upon request, the Elections Administrator shall provide Political Subdivision a copy of the early voting report on a daily basis and a cumulative final early voting report following the election.

VII. EARLY VOTING BALLOT BOARD Fort Bend County shall appoint an Early Voting Ballot Board (EVBB) to process early voting results from the Joint Election. The Presiding Judge of Central Count, with the assistance of the Elections Administrator, shall appoint two or more additional members to constitute the EVBB. The Elections Administrator shall determine the number of EVBB members required to efficiently process the early voting ballots.

VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS The Elections Administrator shall be responsible for establishing and operating the central counting station to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this agreement. The participating authorities hereby, in accordance with Section 127.002, 127.003, and 127.005 of the Texas Election Code, appoint the following central counting station officials: Counting Station Manager: Tabulation Supervisor: Presiding Judge:

John Oldham, Elections Administrator Robin Heiman, Assistant Elections Administrator Lisa Railsback, Equipment Technician

The counting station manager or his representative shall deliver timely cumulative reports of the election results as precincts report to the central counting station and are tabulated. The manager shall be responsible for releasing cumulative totals and precinct returns from the election to the joint participants, candidates, press, and general public by distribution of hard copies or electronic transmittals by facsimile (when so requested) and by posting to the Elections Administrator’s web page located at “www.fortbendvotes.org”. The Elections Administrator will prepare the unofficial canvass reports after all precincts have been counted, and will deliver a copy of the unofficial canvass to the Political Subdivision as soon as possible after all returns have been tabulated. All participating authorities shall be responsible for the official canvass of their respective elections. The Elections Administrator shall be responsible for conducting the post-election manual recount required by Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies of the recount, if waiver is denied, will be provided to each participating authority and the Secretary of State’s Office.

IX. RUNOFF ELECTION Political Subdivision shall have the option of extending the terms of this agreement through its runoff election, if applicable. In the event of such runoff election, the terms of this agreement shall automatically extend unless the Political Subdivision notifies the Elections Administrator in writing within 10 days of the original election. Political Subdivision shall reserve the right to reduce the number of early voting locations and/or Election Day voting locations in any runoff election.

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X. ELECTION EXPENSES AND ALLOCATION OF COSTS Political Subdivision agrees to share the costs of administering the Joint Election. Allocation of costs, unless specifically stated otherwise, is mutually agreed to be shared among the total number of political subdivisions. Costs for polling places shared by the County, Political Subdivision, and other political subdivisions shall be pro-rated among the participants to this agreement. Any expenses incurred in the rental of polling place facilities shall be pro-rated among the participants to this agreement. It is agreed that the normal rental rate charged for the County’s voting equipment used on Election Day shall be pro-rated among the participants to this agreement. Costs for Early Voting by Personal Appearance shall be allocated as shown in Attachment C of this document. Political Subdivision agrees to pay Fort Bend County an administrative fee equal to ten percent (10%) of its total billable costs in accordance with Section 31.100(d) of the Texas Election Code.

XI WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION Political Subdivision may withdraw from this agreement and the Joint Election should it cancel its election in accordance with Sections 2.051 - 2.053 of the Texas Election Code. Political Subdivision is fully liable for any expenses incurred by Fort Bend County on behalf of Political Subdivision plus an administrative fee of ten percent (10%) of such expenses. Any monies deposited with the county by Political Subdivision shall be refunded, minus the aforementioned expenses and administrative fee if applicable.

XII. RECORDS OF THE ELECTION The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the Joint Election as authorized by Section 271.010 of the Texas Election Code. Access to the election records shall be available to each participating authority as well as to the public in accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election records shall be stored at the offices of the Elections Administrator or at an alternate facility used for storage of county records. The Elections Administrator shall ensure that the records are maintained in an orderly manner so that the records are clearly identifiable and retrievable. Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or open records request, the Elections Administrator shall maintain the records until final resolution or until final judgment, whichever is applicable. It is the responsibility of Political Subdivision to bring to the attention of the Elections Administrator any notice of pending election contest, investigation, litigation or open records request which may be filed with Political Subdivision.

XIII. RECOUNTS A recount may be obtained as provided by Title 13 of the Texas Election Code. Political Subdivision agrees that any recount shall take place at the offices of the Elections Administrator, and that the Elections Administrator shall serve as Recount Supervisor and Political Subdivision’s official or employee who performs the duties of a secretary under the Texas Election Code shall serve as Recount Coordinator.

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XIV. MISCELLANEOUS PROVISIONS 1.

It is understood that to the extent space is available, that other districts and political subdivisions may wish to participate in the use of the County’s election equipment and voting places, and it is agreed that the Elections Administrator may contract with such other districts or political subdivisions for such purposes and that in such event there may be an adjustment of the pro-rata share to be paid to the County by the participating authorities.

2.

The Elections Administrator shall file copies of this document with the Fort Bend County Treasurer and the Fort Bend County Auditor in accordance with Section 31.099 of the Texas Election Code.

3.

In the event that legal action is filed contesting Political Subdivision’s election under Title 14 of the Texas Election Code, Political Subdivision shall choose and provide, at its own expense, legal counsel for the County, the Elections Administrator, and additional election personnel as necessary.

4.

Nothing in this contract prevents any party from taking appropriate legal action against any other party and/or other election personnel for a breach of this contract or a violation of the Texas Election Code.

5.

The parties agree that under the Constitution and laws of the State of Texas, neither Fort Bend County nor Political Subdivision can enter into an agreement whereby either party agrees to indemnify or hold harmless another party; therefore, all references of any kind, if any, to indemnifying or holding or saving harmless for any reason are hereby deleted.

6.

This agreement shall be construed under and in accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Fort Bend or Harris Counties, Texas.

7.

In the event of one of more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

8.

All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local governments, and any other entities with local jurisdiction.

9.

The waiver by any party of a breach of any provision of this agreement shall not operate as or be construed as a waiver of any subsequent breach.

Any amendments of this agreement shall be of no effect unless in writing and signed by all parties hereto.

XV. COST ESTIMATES AND DEPOSIT OF FUNDS It is estimated that Political Subdivision’s obligation under the terms of this agreement shall be $13,738.00. The Political Subdivision agrees to pay to Fort Bend County a deposit of $8,242.00 which is approximately sixty (60) percent of the total estimated obligation of Political Subdivision to the County under this agreement. This deposit shall be paid to Fort Bend County within 10 days after the statutory deadline to call an election. The exact amount of the Political Subdivision’s obligation under the terms of this agreement shall be calculated after the November 7, 2017 election (or runoff election, if applicable), and if the amount of the Political Subdivision’s obligation exceeds the amount deposited, the Political Subdivision shall pay to Fort Bend County the balance due within thirty (30) days after receipt of the final invoice from the Elections Administrator. However, if the amount of the Political Subdivision’s obligation is less than the amount deposited, Fort Bend County shall refund to the Political Subdivision the excess amount paid within thirty (30) days after final costs are calculated.

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XVI. RESULT OF NON-COMPLIANCE OF DEADLINES The Political Subdivision agrees that it shall provide ballot details to the Elections Office not later than the 67th day (September 1, 2017) before the election. It is understood that if the ballot details are not provided to the Elections Office th by the 60 day before the election (September 8, 2017) that the Elections Office may impose a penalty fee of $1000.00 assessed to the total cost. It is also understood that if the ballot details are not provided to the Elections Office by the 55th day before Election Day (September 13, 2017), this contract will be declared null and void and it will be the responsibility of the political entity to conduct a separate election.

IN TESTIMONY HEREOF, this agreement, its multiple originals all of equal force, has been executed on behalf of the parties hereto as follows, to-wit: (1)

It has on the _______ day of _______________, 2017 been executed on behalf of Fort Bend County by the County Judge and the Elections Administrator pursuant to the Texas Election Code so authorizing;

(2)

It has on the _______ day of _______________, 2017 been executed on behalf of the City of Missouri City by its Presiding Officer or authorized representative, pursuant to an action by the Governing Body of the City of Missouri City.

ATTEST:

FORT BEND COUNTY

___________________________________ Laura Richard, County Clerk

By __________________________________ Robert E. Hebert, County Judge

ATTEST:

City of Missouri City

___________________________________

By __________________________________

CONTRACTING OFFICER

APPROVED AS TO FORM:

___________________________________

By __________________________________

John Oldham Elections Administrator

Matthew Grove Assistant County Attorney

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Fort Bend County Early Voting Schedule November 7, 2017 Joint Election Horario de Votación Temprana 7 de Noviembre del 2017, Elección Conjunta Hours(Horas)

Early Voting Location

Monday-Friday Oct. 23-27, 2017 (Lunes-Viernes) (Octubre 23-27,

Saturday October 28, 2017 (Sábado) (Octubre 28, 2017)

Sunday October 29, 2017 (Domingo) (Octubre 29, 2017)

2017)

Monday-Wednesday Oct. 30 – Nov. 1, 2017 (Lunes-Miercoles) (Octubre. 30 – Nov. 1, 2017)

Thursday-Friday November 2-3, 2017 (Jueves-Viernes) (Noviembre. 2-3, 2017)

Irene Stern Community Center 6920 Fulshear-Katy Road, Fulshear Beasley City Hall 319 S. 3rd Street, Beasley Lost Creek Park 3703 Lost Creek Blvd, Sugar Land Meadows Place City Hall One Troyan Dr, Meadows Place Four Corners Community Center 15700 Old Richmond Rd, Sugar Land Cinco Ranch Library 2620 Commercial Center Drive, Katy Hightower High School 3333 Hurricane Lane, Missouri City Stafford City Hall 2610 Main Street, Stafford

8:00 a.m. To 5:00 p.m

8:00 a.m. To 5:00 p.m

CLOSED (Cerrado)

8:00 a.m. To 5:00 p.m

7:00 a.m. To 7:00 p.m.

Missouri City Community Center 1522 Texas Pkwy, Missouri City Fort Bend County Rosenberg Annex 4520 Reading Road, Rosenberg Clayton Oaks Assisted Living 21175 SW Freeway, Richmond

8:00 a.m. To 5:00 p.m

8:00 a.m. To 5:00 p.m

12:00 p.m. To 5:00 p.m.

8:00 a.m. To 5:00 p.m

7:00 a.m. To 7:00 p.m.

Fort Bend County Road & Bridge 3743 School Street, Needville James Bowie Middle School 700 Plantation Dr, Richmond Quail Valley Fund Office 3603 Glenn Lakes, Missouri City Chasewood Clubhouse 7622 Chasewood Drive, Missouri City Sugar Land Branch Library 550 Eldridge, Sugar Land

10:00 a.m. To 7:00 p.m

8:00 a.m. To 5:00 p.m

CLOSED (Cerrado)

10:00 a.m. To 7:00 p.m

7:00 a.m. To 7:00 p.m.

Randall’s 5800 New Territory Blvd., Sugar Land First Colony Conference Center 3232 Austin Parkway, Sugar Land Tompkins High School 4400 Falcon Landing Blvd, Katy Sienna Annex Community Room 5855 Sienna Springs Way, Missouri City

10:00 a.m. To 7:00 p.m

8:00 a.m. To 5:00 p.m

12:00 p.m. To 5:00 p.m

10:00 a.m. To 7:00 p.m

7:00 a.m. To 7:00 p.m.

Approved by the Fort Bend County Commissioners Court on August 9, 2017

Fort Bend County Condado de Fort Bend

Election Day Vote Centers centros de votacion del dia de las elecciones

COUNTYWIDE POLLING PLACE Austin Parkway Elementary School BAPS Shri Swiminarayan Mandir Beasley City Hall Beck Jr. High School Beckendorf Jr High School Bowie Middle School Brazos Bend Home & Ranch Briarchase Missionary Bapt Church Briscoe Junior High School Calvary Baptist Church Chasewood Clubhouse Cinco Ranch Branch Library Cindy's Palace Clayton Oaks Assisted Living Clements High School Commonwealth Clubhouse Crockett Middle School Deseo at Grand Mission Dickinson Elementary School Elkins High School Fairgrounds Building "D" First Colony Conference Center Four Corners Community Center Gallery Furniture Garcia Middle School George Bush High School George Memorial Library Great Oaks Baptist Church Hightower High School Hunters Glen Elementary School Imperial Park Recreation Center Irene Stern Community Center Joy Lutheran Church Kempner High School Kendleton Church of God Knights of Columbus (Sugar Land) Lake Olympia Marina Clubhouse Lantern Lane Elementary School Lexington Creek Elementary School Lost Creek Conference Center McMeans Junior High School Meadows Place City Hall Merrell Center. Mission Bend Elementary School Missouri City Baptist Church Missouri City Community Center Missouri City Parks & Recreation M.R. Massey Admin. Building Museum of Natural Science Mustang Community Center Oak Lake Baptist Church Orchard City Hall Our Lady of Guadalupe Family Life Center Pinnacle Senior Center

ADDRESS 4400 Austin Pkwy 1150 Brand Lane 319 S. 3rd St 5200 S Fry Rd 8200 South Fry Rd. 700 Plantation Dr 22930 FM 1462 16000 Blue Ridge Rd 4300 FM 723 4111 Airport Ave 7622 Chasewood Dr 2620 Commercial Center Dr 1102 FM 2977 21175 Southwest Freeway 4200 Elkins Dr 4330 Knightsbridge Blvd 19001 Beechnut 19002 Mission Park Dr 7110 Greatwood Pkwy 7007 Knights Court 4310 Highway 36 S 3232 Austin Parkway 15700 Old Richmond Rd 7227 W. Grand Pkwy S 18550 Old Richmond Rd 6707 FM 1464 1001 Golfview Dr 7101 FM 2759 Rd 3333 Hurricane Lane 695 Independence Blvd 234 Matlage Way 6920 Katy-Fulshear Road 717 FM 359 14777 Voss Rd 619 FM 2919 702 Burney Rd 180 Island Blvd 3323 Mission Valley Dr 2335 Dulles Ave 3703 Lost Creek Blvd 21000 Westheimer Parkway One Troyan Dr 6301 S Stadium Ln 16200 Beechnut St 16816 Quail Park Dr 1522 Texas Parkway 2701 Cypress Point Dr 1570 Rabb Road 13016 University Blvd 4521 FM 521 15555 W. Airport Blvd 9714 Kibler 1600 Avenue D 5525#C Hobby Road

Attachment A

November 7 , 2017 7 de Noviembre de 2017 CITY SUGAR LAND STAFFORD BEASLEY KATY KATY RICHMOND NEEDVILLE MISSOURI CITY RICHMOND ROSENBERG MISSOURI CITY KATY RICHMOND RICHMOND SUGAR LAND SUGAR LAND RICHMOND RICHMOND SUGAR LAND MISSOURI CITY ROSENBERG SUGAR LAND SUGAR LAND RICHMOND SUGAR LAND RICHMOND RICHMOND RICHMOND MISSOURI CITY MISSOURI CITY SUGAR LAND FULSHEAR RICHMOND SUGAR LAND KENDLETON SUGAR LAND MISSOURI CITY MISSOURI CITY MISSOURI CITY SUGAR LAND KATY MEADOWS PLACE KATY HOUSTON MISSOURI CITY MISSOURI CITY MISSOURI CITY FRESNO SUGAR LAND FRESNO SUGAR LAND ORCHARD ROSENBERG HOUSTON

ZIP 77479 77477 77417 77450 77494 77406 77461 77489 77406 77471 77489 77494 77469 77469 77479 77479 77469 77407 77479 77459 77471 77479 77478 77407 77478 77407 77469 77469 77459 77489 77478 77441 77406 77498 77451 77498 77459 77459 77459 77478 77450 77477 77494 77083 77489 77489 77459 77545 77479 77545 77498 77464 77471 77053

Fort Bend County Condado de Fort Bend

Election Day Vote Centers centros de votacion del dia de las elecciones

COUNTYWIDE POLLING PLACE Quail Valley Elementary School QV Fund Office Randall's New Territory Richmond Water Maintenance Facility Ridge Point High School Ridgegate Community Association Ridgemont Early Childhood Ctr River Park Recreation Ctr. Road & Bridge (Needville) Rosenberg Annex Building Seven Lakes High School Sienna Annex Simonton City Hall Stafford City Hall Sugar Creek Country Club Sugar Lakes Clubhouse Sugar Land Branch Library Sugar Land Church of God Sugar Land City Hall The Club at Riverstone Thompsons City Hall Tompkins High School Townewest Towne Hall Travis Elementary School University Branch Library

ADDRESS 3500 Quail Village Dr 3603 Glenn Lakes 5800 New Territory Dr 110 N. 8th St 500 Waters Lake Blvd 5855 W. Ridgecreek Dr 5353 Ridge Creek Circle 5875 Summit Creek Drive 3743 School St 4520 Reading Rd 9251 S Fry Rd 5855 Sienna Springs Way 35011 FM 1093 2610 South Main 420 Sugar Creek Blvd 930 Sugar Lakes Dr 5500 Eldridge 1715 Eldridge Rd 2700 Town Center Blvd North 18353 South University Blvd 520 Thompson Oil Field Rd 4400 Falcon Landing Blvd 10322 Old Towne Ln 2700 Avenue K 14010 University Blvd

Attachment A

November 7 , 2017 7 de Noviembre de 2017 CITY MISSOURI CITY MISSOURI CITY SUGAR LAND RICHMOND MISSOURI CITY HOUSTON HOUSTON SUGAR LAND NEEDVILLE ROSENBERG KATY MISSOURI CITY SIMONTON STAFFORD SUGAR LAND SUGAR LAND SUGAR LAND SUGAR LAND SUGAR LAND SUGAR LAND THOMPSONS KATY SUGAR LAND ROSENBERG SUGAR LAND

ZIP 77459 77459 77479 77469 77459 77053 77053 77479 77461 77471 77494 77459 77476 77477 77478 77478 77478 77478 77479 77479 77481 77494 77498 77471 77479

Attachment C

Missouri City

Missouri City proposed Election Services Contract Estimate for the conduct of the November 7, 2017 Joint Election A. Statistical Information 1.

Number of Registered Voters

44,079

2.

Number of Precincts

25

3.

Number of election day polling places (excluding early voting)

79

4.

Number of polling places shared with another entity

79

5.

Number of public buildings used as polling places

53

6.

Number of early voting stations

20

7.

Voting system:

DRE

B. Cost of Election Estimate 1.

Early Voting and Election Day personnel (TEC § 32.091, 32.092, 32.114, 83.052, 271.013)

2.

a. Early voting clerks

Clerks x Rate x Hours / Entities 8x $12 x 125 / 3

$4,000

Locations x b. Election day judges / clerks

Clerks x Hours x Rate / Entities 36 x 15 x $11 / 3

$1,980

Early Voting Ballot Board & central counting station personnel (TEC § 87.005, 127.006)

$350 3.

Election Day Field Techs and othe Temp workers

4.

Elections Administration Dept. staff overtime (TEC § 31.100(e))

5.

FICA & Workers Comp

6.

Election supplies & equipment Early Voting a. Early Voting supply kits

b. Early Voting laptop PC's c. Early Voting label printers d. Early Voting JBCs e. Early Voting eSlates f. Cell Phones - 9 days

$500

$782

Kits

x Cost / 2x $35 /

Units x Rate 2 x $125 2x $35 2 x $125 16 x $100 1x $35

/ / / / / /

Entities 3

$24

Entities 3 3 3 3 3

$84 $24 $84 $534 $12

Actual

Attachment C 7.

8.

9.

Missouri City

Election Day h. Election Day supply kits i. Election Day JBCs j. Election Day laptop PC's k. Election Day label printers

8 8 8 8

l. Election Day eSlates m. Election Day Cell Phones

64 x 8x

x x x x

$35 $125 $50 $25

/ / / /

3 3 3 3

$94 $334 $134 $67

$100 / $10 /

3 3

$2,134 $27

Delivery of Voting Equipment & Supplies a. Early Voting & Election Day Polling Place R ental - Election Day (TEC § 43.031, 43.033) a. Election (number of polling places rented)

10 Publication of electronic voting system notices ) (TEC § 127.096(a)) a. Election 11. Miscellaneous election expenses (itemize) a. General Ballot Layout & Coding Absentee Ballots -Printed & Mailed @ $1.00 Mileage reimbursements

$350

$0

$50

$450 $400 $75 $0 $0

SUBTOTAL 12. Election Services Contract Administrative Fee (10%) (TEC § 31.100(d)) a. Election 13. Cost of Joint election

$12,489

$1,249 $13,738

CITY COUNCIL AGENDA ITEM COVER MEMO August 21, 2017 the show me city To: Agenda Item:

Mayor and City Council 6(f) Chapter 46 Infrastructure Standards/Wireless Services Design Manual Contract

Submitted by:

E. Joyce Iyamu, City Attorney SYNOPSIS

This authorization allows the City Manager or his designee to negotiate and execute contracts for the placement of wireless services infrastructure on city service poles (i.e. traffic signals). This item relates to the amendment of Chapter 46, Infrastructure Standards, of the Missouri City Code, and the adoption of a design manual to provide for the implementation of Senate Bill 1004 of the 85th Regular Session of the Texas Legislature (“S.B. 1004”). S.B. 1004 becomes effective on September 1, 2017. STRATEGIC PLAN 2019 GOALS ADDRESSED  

Create a Great Place to Live Quality Development Through Buildout BACKGROUND

S.B. 1004 limits the City’s ability to regulate the placement of certain wireless facilities in the City’s rightof-way. Specifically, among other limitations, S.B. 1004 requires the City to allow the collocation of certain wireless infrastructure on City infrastructure subject to an agreement. This item grants the city manager the authority to negotiate and execute such agreements. BUDGET ANALYSIS Purchasing Review: N/A Financial/Budget Review: N/A STAFF’S RECOMMENDATION Consider authorizing the City Manager or his designee to negotiate and execute Chapter 284, Texas Local Government Code, collocation agreements.

the show me city

Council Agenda Item August 21, 2017 7.

PUBLIC HEARINGS AND RELATED ACTIONS (a) Zoning Public Hearings and Ordinances – There are no Zoning Public Hearings and Ordinances on this agenda. (b)

Public Hearings and related actions – There are no Public Hearings and related actions on this agenda.

8.

APPOINTMENTS – There are no Appointments on this agenda.

9.

AUTHORIZATIONS – There are no Authorizations on this agenda.

CITY COUNCIL AGENDA ITEM COVER MEMO August 21, 2017 the show me city To: Agenda Item:

Mayor and City Council 10(a) Consider an ordinance amending Chapter 74, Parks and Recreation.

Submitted by:

Jason S. Mangum, CPRP, Parks and Recreation Director SYNOPSIS

First Reading of changes to Chapter 74 of the Missouri City Code of Ordinances – Parks and Recreation. Creates Recognized Sports Associations in Missouri City. STRATEGIC PLAN 2019 GOALS ADDRESSED  

Create a great place to live Maintain a financially sound City BACKGROUND

Parks and Recreation Staff have been working with the Legal Department and the Parks and Recreation Board to address items and inconsistencies within Chapter 74 of the Code of Ordinances – Parks and Recreation. Several changes are proposed which will lead to clarification of sections, and provide a new process for the administration of athletic fields in Missouri City by creating Recognized Sports Associations. Summary of Proposed Changes  Prohibited Conduct  Administrative Changes  Definitions  Park Use Permits  Use of Athletic Fields o Recognized Sports Associations o Athletic Field Use Permits The Parks Board reviewed the changes at their June 1, 2017 meeting with a positive recommendation, and presented to City Council in a Special Meeting on August 7, 2017. Following that meeting, the following clarification was made  Sports associations with approved RSA status will have permission to operate concession stands where permeant concession buildings are available and will adhere to current health ordinances and permitting processes. BUDGET/FISCAL ANALYSIS Funds are not being requested. SUPPORTING MATERIALS 1. Ordinance

2. Changes marked STAFF’S RECOMMENDATION Consider approving the changes to Chapter 74 Director Approval:

Jason S. Mangum, CPRP

Assistant City Manager/ City Manager Approval:

Scott R. Elmer, P.E.

ORDINANCE NO. O-17-__ AN ORDINANCE OF THE CITY OF MISSOURI CITY, TEXAS, AMENDING CHAPTER 74, PARKS AND RECREATION, OF THE MISSOURI CITY CODE; PROVIDING RULES AND REGULATIONS RELATED TO USE OF ATHLETIC FIELDS, PARKS, THE RECREATION CENTER, AND THE GOLF COURSE; PROVIDING FOR REPEAL; PROVIDING A PENALTY; AND PROVIDING FOR SEVERABILITY. *

*

*

*

*

WHEREAS, the City Council of the City of Missouri City (the “City”) is committed to enhancing the quality of life for City residents by providing parks and recreation opportunities; and WHEREAS, the City owns and operates multiple parks, athletic fields, a recreation center, and a golf course for use by residents of the City; and WHEREAS, the City receives various requests for the exclusive use of such athletic fields, parks, and the recreation center; and WHEREAS, the City Council deems it necessary to provide for the efficient management of said athletic fields, parks, recreation center, and golf course; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MISSOURI CITY, TEXAS: Section 2. The Missouri City Code is hereby amended by deleting Article 1 of Chapter 74 thereof and substituting therefor a new Article I of Chapter 74 to provide as follows: “Chapter 74 - PARKS AND RECREATION ARTICLE I. - IN GENERAL Sec. 74-1. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alcoholic beverage means any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for consumption purposes, either alone or when diluted.

Chapter 74 Ordinance 2017

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Amplified sound means any sound projected or transmitted by artificial means, including, but not limited to, amplifiers, loudspeakers or any similar device. Athletic field means any land, facility, structure, or portion thereof, owned, leased, controlled or operated by the city that is designated by the director for the purpose of playing a specific sport. This term specifically includes the city’s tennis center or a portion thereof, but excludes the city’s golf course and the recreation center. Athletic field use permit means a current and valid permit, other than a park use permit, issued in accordance with this chapter for conducting a sporting event at an athletic field. Concession stand means a facility located at or adjacent to an athletic field or park where merchandise, services, food, non-alcoholic beverages or alcoholic beverages are sold or offered for sale. Department means the city parks and recreation department. Director means the director of the department or his designee. Improvement means a building, facility or structure constructed, erected, affixed or placed on a park or athletic field that is designed to have a life expectancy of three or more years. Park means any land, building, facility, structure, or portion thereof, owned, leased, controlled or operated by the city for park or recreational purposes, including any natural feature, such as a lake, river, creek or stream, thereon, and any appurtenances thereto. This term specifically excludes an athletic field, the city’s golf course and golf course facilities, and the recreation center. Park use permit means a current and valid permit, other than an athletic field use permit, issued in accordance with this chapter for the use of an athletic field, a park or the recreation center. Permit means a park use permit or an athletic field use permit. Recognized sports association or RSA means a sports association that is designated, in accordance with this chapter, by the parks board to conduct amateur sporting events for persons under the age of 18 at an athletic field, other than at the city’s tennis center. Recreation center means the city’s recreation center, including any areas that are used for recreational purposes, such as a gym or interior room, thereon.

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Season means a period of time beginning no earlier than four weeks prior to the date of a sports association’s first officially sanctioned sporting event at an athletic field and no later than the date of the final officially sanctioned sporting event at the athletic field, provided that, such period of time shall not exceed six continuous months. Sports association means a nonprofit organization that exists primarily to operate or conduct amateur sporting events. Sporting event means an event or a program or a series of events or programs at which an individual or a group of individuals play or compete against one another in a specific sport. Vessel means any device propelled by motor, wind or human power and that is used to transport individuals across water. The term includes, but is not limited to, a boat, a yacht, a cruiser, a canoe, a raft or other watercraft. Wake means a track of waves left by a vessel moving through water in excess of five miles per hour. Sec. 74-2. - Prohibited conduct in athletic fields, parks, and the recreation center. (a)

Except as otherwise provided in this chapter, it shall be unlawful for any person to conduct or engage in or cause another person to conduct or engage in any of the following activities within an athletic field, a park or the recreation center, as applicable: (1)

Hitch, fasten, lead, ride, drive or let loose any animal or fowl of any kind, provided that this shall not apply to a dog when led by a cord or chain not more than six feet long;

(2)

Operate or use any motor-driven vehicle such as a scooter, a motorassisted scooter, a motorcycle, a go-cart or similar motor-driven vehicle except in certain areas, roadways, parking areas, drives, or pathways typically designated or authorized for such purpose;

(3)

Carry or discharge fireworks, air guns, bows and arrows, slingshots, rockets, torpedoes or any device that could be used to project an object that could create a hazard or danger to the public, except with the prior written approval of the director;

(4)

Damage, cut, break, injure, deface, disturb, displace or remove any natural or manmade properties;

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(5)

Cut or remove any wood, turf, grass, soil, rock, sand, gravel, mulch or fertilizer, except with the prior written approval of the director;

(6)

Camp overnight;

(7)

Consume or possess any alcoholic beverage;

(8)

Operate or use a bicycle or any motor-driven vehicle, such as a scooter, a motor-assisted scooter, a motorcycle, a go-cart or similar motor- driven vehicle, in areas designated for riding or driving of such vehicles in a manner that disregards the safety of persons or property;

(9)

Park a vehicle or a trailer on the grass, lawn or anywhere else, other than in an area designated for that purpose;

(10)

Park a vehicle or a trailer other than within a single parking space in a parking lot when visible parking space lines have been placed upon such parking lot;

(11)

Park a vehicle or a trailer in a parking lot in a manner that obstructs or hinders access to or from such parking lot;

(12)

Distribute, post, place or erect any advertising, handbill, circular, bill, notice, paper or other advertising device in the recreation center;

(13)

Sell or offer for sale any merchandise, services, food, non-alcoholic beverages or alcoholic beverages;

(14)

Practice, carry on, conduct or solicit for any trade, occupation, business or profession;

(15)

Swim, bathe or wade in any water or waterway except in water or waterway that is designated for such purpose;

(16)

Operate or use any vessel in any water or waterway except where the water or waterway is specifically designated and posted for a specific purpose;

(17)

Operate the motor of a vessel propelled by a motor in a “Slow, No Wake” zone in a manner that creates a wake;

(18)

Start or maintain a fire, except for a cooking fire, which shall be started or maintained only in a stove, fireplace, barbecue pit or portable camp stove;

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(19)

Leave a started fire unattended without first completely extinguishing the fire;

(20)

Use or be within a park between the hours of 11:00 p.m. and 6:00 a.m., except with the prior written approval of the director;

(21)

Play a sport that could create an unreasonable risk of damage to or destruction of the athletic field, park or recreation center or create a hazard or danger to the public; or

(22)

Conduct or engage in any conduct or activity for which a permit or RSA designation is required without a current and valid permit issued or an RSA designation granted in accordance with this chapter.

(b)

It shall be an affirmative defense to prosecution that a permit has been issued for a prohibited activity under subsection (a) of this section or the activity is otherwise allowed by this chapter.

(c)

The provisions of this section shall not be construed to apply to employees, contractors or agents of the city in the lawful discharge of their respective duties.

(d)

All water and waterways in a park are hereby designated "Slow, No Wake" zones. The director may, at his discretion, place signs or buoys indicating an area as a "Slow, No Wake" zone. It is an affirmative defense to prosecution that no buoy or sign indicates an area is a "Slow, No Wake" zone.

Sec. 74-3. - Liability. The city is not responsible for property that is lost, damaged or misplaced in an athletic park, a park or the recreation center. Sec. 74-4. – Improvements and keys. (a)

Except as otherwise provided in this chapter, a person shall not make an improvement to an athletic field, a park or the recreation center without prior written authorization from the director. Any improvement made to an athletic field, a park or the recreation center whether made with or without authorization from the director, shall become the property of the city.

(b)

The holder of a permit or an RSA that is provided keys to an athletic field or a park, as applicable, shall ensure that such athletic field or park is secured from entry after use by the permit holder or RSA. All keys shall be returned to the city on or before the earlier of the expiration of the permit or

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the end of the RSA’s season. If the keys provided to a permit holder or an RSA are lost, the permit holder or RSA shall immediately report such loss to the director. A permit holder or an RSA may not change locks or make additional copies of keys to an athletic field or a park without the prior written approval of the director, and shall make requests of any required maintenance of a lock to the director. Sec. 74-5. – City events. An event sponsored or co-sponsored by the city at an athletic field, a park or the recreation center will be given priority at all times. The city reserves the right to cancel a permit or restrict use of an athletic field, a park or the recreation center at a date or time designated for use by a permit holder or an RSA that conflicts with the date or time of a city sponsored or co-sponsored event. In the event of such cancellation or restriction, the city may refund, to the permit holder, any permit fees in proportion to the amount of time designated for use, which was not used or, in the case of an RSA, the city may reschedule use of the athletic field at a mutually agreeable date and time.” Section 3. The Missouri City Code is hereby amended by deleting Article II of Chapter 74 thereof and substituting therefor a new Article II of Chapter 74 to provide as follows: “Chapter 74 - PARKS AND RECREATION .... ARTICLE II. – ADMINISTRATION DIVISON 1. – PARKS BOARD Sec. 74-31. – Establishment, membership, and compensation of members. There is hereby created and established a parks board in and for the city. The parks board shall consist of an odd number of members that shall be not less than seven members and not more than 13 members as set by the city council. The members of the parks board shall be appointed by the mayor subject to confirmation by the city council. Members of the parks board shall serve without compensation, and each shall be a resident of the city. Sec. 74-32. - Terms of members. (a)

The terms of the members of the parks board shall be for two years and shall be as follows: (1)

The terms of the odd-numbered positions shall be from July 1 of each odd-numbered year until June 30 of the next odd-numbered year.

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(2)

(b)

The terms of the even-numbered positions shall be from July 1 of each even-numbered year until June 30 of the next evennumbered year.

The terms of such members shall continue until their successors have been appointed and confirmed. A vacancy of a position for any reason shall be filled by appointment as provided in section 74-31, and the duration of such appointment shall be for the remainder of the term of the position.

Sec. 74-33. – Officers, rules of procedure, and records. The parks board shall organize by electing from its membership a chair and a vice- chair, each of whom shall hold office for one year or until his successor shall have been elected. Five board members shall constitute a quorum for the transaction of the parks board business. The parks board may adopt its own rules of procedure for the conduct of its business, subject to the approval of such rules by the city council. The parks board shall keep a record of its proceedings and shall file the record with the city secretary. Sec. 74-34. - Duties. Except as provided in subsection (7) of this section, the parks board shall serve in an advisory capacity to the city council regarding policy matters pertaining to city parks. The parks board shall have the following specific purposes: (1)

Solicit funds, gifts and bequests for park acquisitions, additions and improvements;

(2)

Review and make advisory recommendations to the city council on proposed park acquisitions, additions and improvements;

(3)

Review and make advisory recommendations on park and recreation matters submitted by the director or the city council;

(4)

Promote and stimulate public interest in parks and recreational programs, and assist the director in solicitation of the cooperation of public and private agencies that may have a direct or indirect involvement in parks and recreation;

(5)

Review and make advisory recommendations on amendments to this chapter to the city council;

(6)

Review and make advisory recommendations on adoption of, changes, modifications and amendments to rules promulgated by the director in accordance with this chapter; and

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(7)

Review and approve or deny applications for RSA designation or applications for renewal of RSA designation, and revoke RSA designations in accordance with this chapter.

Sec. 74-35. - Board not empowered to obligate city. Except as provided in section 74-34(7), the parks board shall have no right, power or authority to obligate or bind the city in any manner whatsoever. DIVISION 2. – AUTHORITY OF THE DIRECTOR Sec. 74-51. – Promulgation of written policies and rules and effect of violation. The director shall have the authority to promulgate written policies for the general administration of the department and written rules for the orderly management and use of athletic fields, parks, and the recreation center by the public, provided that, such policies and rules do not conflict with applicable city ordinances, resolutions, policies, procedures or regulations and federal and state law. A copy of the rules adopted under this subsection shall be published on the city’s website and maintained for public inspection in the offices of the director and the city secretary.” Section 4. The Missouri City Code is hereby amended by deleting Article III of Chapter 74 thereof and substituting therefor a new Article III of Chapter 74 to provide as follows: “Chapter 74 - PARKS AND RECREATION .... ARTICLE III. - PERMITS. DIVISION. 1 – GENERAL CONDITIONS Sec. 74-61. - Conditions or restrictions on the granting of permits or RSA designations. The director or the parks board, as applicable, may impose reasonable conditions or restrictions on the issuance of a permit or granting of RSA designation, including, but not limited to, one or more of the following: (1)

Restrictions on fires, fireworks, amplified sound, type of sport, use of animals, equipment or vehicles, the number of persons to be present, the location of any bandstand or stage, or such other restrictions as may be

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reasonable considering the intended activity or use, its effect on the general public's use and enjoyment of the athletic field, park, or recreation center, and the possible injury or damage to persons or property; (2)

A requirement that the applicant pay a fee as set forth in a resolution adopted by the city council to defray the cost of furnishing security by the city at the proposed activity;

(3)

A requirement that the applicant pay a fee as set forth in a resolution adopted by the city council as a security deposit for the repair of any damage to city property or the cost of cleanup, or both;

(4)

A requirement that the applicant furnish additional sanitary and refuse facilities that might be reasonably necessary considering the intended activity for which the permit or RSA designation is being sought;

(5)

A requirement that the applicant for a park use permit provide proof of a comprehensive general liability insurance policy issued by an insurance company authorized to do business in the State of Texas; provided that, the city shall be named as an additional insured on such policy and the policy limits of said insurance shall conform to those required by the city manager; or

(6)

A requirement that the applicant agree to indemnify and hold harmless the city and its officers, agents and employees from any and all actions, claims, costs, damages and expenses, including, but not limited to, attorney's fees and court costs, arising out of the use of the athletic field, park or recreation center by the applicant; provided that such indemnification shall apply with respect to all acts or omissions of the applicant and the applicant's invitees, licensees, relatives, friends and their respective invitees, licensees, relatives, and friends associated with the use of such athletic field, park, or recreation center.

Sec. 74-62. – Requirements for permit holders and RSAs. The holder of a permit or an RSA shall: (1)

Be bound by the requirements of this chapter, all applicable city ordinances, resolutions, policies, procedures and rules, and applicable federal and state laws;

(2)

Be liable for any loss or damage to property or injury or death to persons related to or arising out of the activity for which a permit is issued or RSA designation is granted;

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(3)

Not transfer or assign use of an athletic field, a park or the recreation center, as applicable, to another person without the prior written consent of the director;

(4)

Be responsible for the removal of trash and litter generated by the use or activity for which a permit is issued or RSA designation is granted; and

(5)

Be assessed additional fees as set forth in a resolution adopted by the city for the maintenance, cleaning, and other similar services arising from the use or activity for which a permit is issued or RSA designation is granted.

Sec. 74-63. - Receipt and review of applications for permits. The director shall cause all completed applications received pursuant to this article to be immediately time stamped upon receipt by the director. Except for applications filed pursuant to division 3, relating to RSA designations, applications filed pursuant to this article shall be reviewed on a first come, first serve basis; provided that, if two or more applications for a permit are received at the same time, the precedence of approval of such applications shall be determined by an impartial means of chance. DIVISION 2. – PARK USE PERMITS Sec. 74-81. – Park use permits required for certain activities. (a)

A park use permit is required before a person may engage in or conduct the following activities in an athletic field, park or the recreation center: (1)

An activity, other than a sporting event at an athletic field, that temporarily excludes others from using an athletic field, a park or the recreation center for the duration of the activity;

(2)

An exhibit, dramatic performance, motion picture, radio or television broadcast or recording, fair, festival, circus, musical event or similar event;

(3)

A group activity, organized event or gathering comprising of 50 or more persons, except for a sporting event at an athletic field;

(4)

The use of amplified sound equipment;

(5)

The sale or offer for sale of merchandise, services, food or nonalcoholic beverages;

(6)

The sale, offer for sale, consumption or possession of alcoholic beverages; except that, a park use permit shall not be granted for

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the sale, offer for sale, consumption or possession of alcoholic beverages during or associated with a sporting event involving individuals under the age of 18 at an athletic field; (7)

Camping overnight;

(8)

Practicing or conducting of, carrying on, or soliciting for any trade or occupation, business or profession; and

(9)

Being in or using the park between the hours of 11:01 p.m. and 5:59 a.m.

(b)

A park use permit holder shall comply with the provisions of article II of chapter 18 relating to the sale of food and non-alcoholic beverages.

(c)

A park use permit holder shall comply with the provisions of chapter 6 of this code relating to the sale, offer for sale, consumption or possession of alcoholic beverages.

(d)

Events sponsored or co-sponsored by the city are exempt from the provisions of subsection (a) of this section.

(e)

The sale or offer for sale of services by a person authorized by the city to provide such services pursuant to contract is exempt from the provisions of subsection (a)(5) of this section.

Sec. 74-82. – Applications for park use permits. (a)

A person seeking a park use permit shall file an application for a park use permit with the director on an application form provided by the director at least 24 hours before the start time of the proposed activity. The application shall include the following information and shall be accompanied by the payment of a fee in the amount specified in a resolution adopted by the city council establishing a schedule of fees: (1)

The name, address, telephone number, and email address of the applicant;

(2)

The exact nature of the activity for which a permit is sought;

(3)

The date and time of the activity for which a permit is sought;

(4)

The name of the athletic field, park or recreation center or area thereof sought to carry out the proposed activity;

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(b)

(5)

The number of persons the applicant estimates will attend or participate in the activity;

(6)

The type of amplified sound equipment to be used, if any;

(7)

The type of special effects or features to be used, if any, including, but not limited to, a band, a moonwalk, a petting zoo, or a portable stage;

(8)

For an applicant seeking a park use permit for the sale or offer for sale of merchandise, services, food, non-alcoholic beverages or alcoholic beverages, as applicable, during or associated with a sporting event to be conducted at an athletic field by the holder of an athletic field use permit or an RSA, a written authorization from such athletic field use permit holder or RSA, or an authorized representative of said athletic field use permit holder or RSA, to sell merchandise, services, food, non-alcoholic beverages or alcoholic beverages, as applicable, at such sporting event;

(9)

Whether a fee, such as an admission fee or parking fee, will be charged or anything of value will be required in order to attend the proposed activity; and

(10)

Any other information that may be requested by the director to fully evaluate and review the application.

The director may waive the deadline for filing an application for a park use permit, provided that, a waiver serves a public interest or an emergency exists and the application otherwise meets the requirements of this chapter.

Sec. 74-83. – Approval or denial of applications for park use permits. (a)

The director will grant a park use permit, and provide, in writing, any conditions or restrictions attached to the issuance of the permit, unless the director determines that the application meets one or more of the following conditions: (1)

The application or activity does not comply with the requirements of this chapter, applicable city ordinances, resolutions, policies, procedures, regulations or rules or federal and state law;

(2)

The proposed activity will unreasonably interfere with or detract from the general public’s use and enjoyment of the requested athletic field, park or recreation center;

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(b)

(3)

The proposed activity will create an unreasonable risk of damage to or destruction of the requested athletic field, park or recreation center;

(4)

The proposed activity will create an unreasonable risk of injury to participants or to the public;

(5)

Inadequate provision has been made for the supervision and security of the activity;

(6)

A park use permit has otherwise been issued for use of the athletic field, park or recreation center on the date and time requested in the application;

(7)

The application contains false or misleading information or required information is omitted;

(8)

The applicant refuses to comply with the conditions or restrictions imposed by the director in accordance with section 74-61;

(9)

The applicant charges an admission fee, parking fee or requires anything of value in order to attend the proposed activity, other than a fee to participate in the proposed activity; or

(10)

The proposed activity is similar to an activity that is being conduct, sponsored or co-sponsored or will be conducted, sponsored or cosponsored by the city.

Except as provided in section 74-5 and subsection 74-93(f), the holder of a park use permit will have exclusive use of the athletic field, park, or recreation center, as applicable, during the dates and times set forth in the permit, provided that the director reserves the right to issue a permit or authorize the use of an athletic field, a park, or the recreation center, as applicable, to other persons when such athletic field, park or recreation center has not been reserved or assigned for use on the dates and times set forth in a permit.

Sec. 74-84. – Modification or revocation of park use permits. The director may modify or revoke a park use permit issued pursuant to this division if one or more of the following conditions are met: (1)

Failure to comply with the conditions or restrictions attached to the issuance of the park use permit;

(2)

Failure to comply with the requirements of section 74-62; or

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(3)

One or more of the conditions provided in section 74-83(a) are met.

Sec. 74-85. – Notice of decisions and appeals. (a)

The director will provide notice to the applicant or holder of a park use permit, as applicable, in writing, of the denial, modification or revocation of a park use permit and shall include the reasons for such denial, modification or revocation.

(b)

A person may appeal the director’s decision to deny, modify or revoke a park use permit, or any conditions or restrictions attached to the issuance of a park use permit, to the city council by providing a written notice of appeal to the city secretary within 10 days of the date of the notice of such decision. A decision by the city council shall be final.

DIVISION 3. – RECOGNIZED SPORTS ASSOCIATIONS Sec. 74-91. – Eligibility for RSA designation. (a)

A sports association shall meet the following requirements to be deemed eligible to receive an RSA designation: (1)

The sports association must be a nonprofit organization that is exempt from state and federal taxation, and in good standing with the state of Texas and the Internal Revenue Service;

(2)

At least twenty-five percent (25%) or three members of the sports associations’ board of directors, whichever number is greater, must reside within the territorial limits of the city as determined by the most-recently approved city tax roll of real property records;

(3)

The sports association must conduct at least one board of directors’ meeting per year as evidenced by the association’s board meeting minutes;

(4)

At least 51 percent (51%) or more of the participants in the sports association’s proposed sporting event at the athletic field(s) for which RSA designation is sought must reside within the territorial limits of the city as determined by the most-recently approved city tax roll of real property records; except that, for a sports association seeking RSA designation for use of the Sta-Mo Park, the requirement that at least 51 percent (51%) or more of the participants of the sports association must be city residents may be met by individuals who reside within the territorial limits of the city and the City of Stafford;

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(b)

(5)

The sports association must designate at least two (2) employees or volunteers of the association who will be present at and during each of the sports associations’ sporting events at the athletic field(s) for which RSA designation is sought; provided that, such employees or volunteers must be at least 21 years of age and have completed training in cardiopulmonary resuscitation (CPR) and basic first aid;

(6)

Each coach or trainer who will participate in the sports association’s proposed sporting event at the athletic field for which RSA designation is sought, must complete training in concussion education;

(7)

The sports association must have comprehensive general liability insurance with a combined single limit of $1,000,000 per occurrence with the city named as an additional insured;

(8)

The sports association must have adopted a written criminal background check policy or procedure that is used by the sports association to determine an individual’s eligibility to work for or volunteer with the sports association in sporting events involving individuals who are under the age of 18; and

(9)

A member of the sports associations’ board of directors must attest that each employee or volunteer that will be involved in the sports associations’ sporting events at the athletic field for which RSA designation is sought has undergone and passed a criminal background check in accordance with the sports associations’ criminal background check policy or procedure.

A sports association that is granted RSA designation shall maintain the results of the criminal background checks required under subsection (a)(9) of this section for a period of three (3) years from the date the sports association submits an application for RSA designation or an application for renewal of RSA designation, as applicable, and such results shall be available for review upon the city’s request.

Sec. 74-92. – Applications for RSA designation or for renewal of RSA designation. (a)

At least once a year, the director will cause to be published, on the city’s website, the names and locations of and the time periods that athletic fields will be available for use by RSAs for that year, the date that the city will begin and stop accepting applications for RSA designation and applications

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for renewal of RSA designation, and how to obtain information to submit such applications to the city. (b)

A sports association seeking RSA designation or renewal of RSA designation shall submit, in writing, an application for RSA designation or an application for renewal of RSA designation, as applicable, to the director on a form provided by the director for that purpose on or before the date designated by the director as the last date for accepting applications pursuant to subsection (a) of this section. The application shall include the following information and shall be accompanied by the payment of a fee in the amount specified in a resolution adopted by the city council establishing a schedule of fees: (1)

The name, address, telephone number, and e-mail address of the applicant;

(2)

The name, address, telephone number, and email address of the person responsible for the operation or supervision of the applicant’s proposed sporting event at the athletic field(s) for which RSA designation is sought;

(3)

The name and address of the athletic field(s) for which RSA designation is sought;

(4)

The type of sport that the applicant intends to play on the athletic field(s) for which RSA designation is sought;

(5)

Proof of the applicant’s status as a nonprofit organization and that the applicant is in good standing with the state of Texas and with the Internal Revenue Service as a tax exempt organization; including, but not limited to, a certificate of incorporation as a nonprofit organization and an IRS determination letter;

(6)

A roster of the names and residential addresses, including the street, city, and zip code, of each individual who will participate in the applicant’s proposed sporting event at the athletic field(s) for which RSA designation is sought, and if such roster is not available, the names and addresses of each person who participated in the applicant’s most recent sporting event; provided that, if granted RSA designation, the applicant shall provide to the city any changes to the roster before the first day the RSA proposes to use the assigned athletic field(s);

(7)

For an applicant who is seeking renewal of RSA designation, in addition to the information required under subsection (b)(6) of this section, a roster of the names and residential addresses,

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including the street, city, and zip code, of each individual who participated in the applicant’s most recent sporting event season conducted at the athletic field(s) for which RSA designation was granted; (8)

A schedule of the type of sporting events, including, but not limited to, tryouts, practices, leagues, games, tournaments, and opening and closing day ceremonies that will be conducted at the athletic field(s) for which RSA designation is sought, the dates and times that such sporting events will be conducted, and alternative dates and times that may be used by the applicant to conduct such sporting events in the event that the athletic field(s) for which RSA designation is sought is not available for use due to circumstances outsides the control of the applicant; provided that, the schedule must incorporate periods of non-use of the athletic field(s) to allow turf to rest and recover and does not request year-round use of such athletic field(s);

(9)

Documentation that demonstrates that the applicant is eligible for RSA designation pursuant to subsections 74-91(a)(2) (relating to board members), (3) (relating to board of directors’ meeting), (5) (relating to volunteers), (6) (relating to concussion education), (7) (relating to insurance), (8) (relating to criminal background check policy), and (9) (relating to criminal background checks);

(10)

Documentation that supports the applicant’s historical ties to the athletic field(s) for which RSA designation is sought, including, but not limited to, historical data that shows the applicant’s on-going, recurrent or established use of such athletic field and the dates and times that the applicant has held sporting events at such athletic field(s); and

(11)

Any other information that may be requested by the director to fully evaluate and review an application.

Sec. 74-93. – Review of applications for and granting of RSA designation. (a)

Upon the expiration of the time period for filing an application pursuant to subsection 74-92(a), the director will forward, to the parks board, each complete application of eligible sports associations, and all accompanying documents received by the director pursuant to subsection 74-92(b), with a recommendation to either approve or deny such application and the proposed schedule of sporting events.

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(b)

(c)

(d)

The parks board will approve applications for RSA designation and schedules of sporting events, and provide, in writing, any conditions or restrictions attached to the grant of RSA designation, unless the parks board determines one or more of the following conditions are met: (1)

The application contains false or misleading information, or required information is omitted;

(2)

The applicant refuses to comply with the conditions or restrictions attached to the grant of RSA designation; or

(3)

The application or proposed sporting event does not comply with the requirements of this chapter, applicable city ordinances, resolutions, policies, procedures, regulations or rules or federal and state law;

The parks board will approve applications for renewal of RSA designation and schedules of sporting events, and provide, in writing, any conditions or restrictions attached to the grant of RSA designation, unless the parks board determines that one or more of the following conditions are met: (1)

One or more of the conditions provided in subsection (b) of this section are met;

(2)

Failure to maintain the participation rate required under section 7491(a)(4) during the applicant’s most recent RSA designation;

(3)

Failure to maintain the assigned athletic field(s) as required under section 74-95(b) during the applicant’s most recent RSA designation;

(4)

Failure to make any payment required pursuant to this chapter or applicable city ordinance, resolution, regulation, policy or rule during the applicant’s most recent RSA designation;

(5)

Failure to adhere to the approved sporting event schedule during the applicant’s most recent RSA designation; or

(6)

Failure to maintain the required insurance during the applicant’s most recent RSA designation.

RSA designations will be granted until all eligible athletic fields have been assigned. Once all eligible athletic fields have been assigned, no more RSA designations will be granted until the next application cycle, and then, only if an athletic field is available for use.

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(e)

(f)

In the event that two or more sports associations meet the conditions for RSA designation, and such sports associations have requested use of the same athletic field on the same dates and times, the order of precedence, with the first paragraph below taking the highest precedence, for granting RSA designation for use of said athletic field shall be as follows: (1) The sports association that most recently held RSA designation for use of said athletic field(s) and is seeking renewal of RSA designation for said athletic field(s); (2)

In the event that no sports association has priority pursuant to subsection (e)(1) of this section, the sports association having the longer duration of historical ties to said athletic field(s), as determined by an established, on-going or recurrent use of the athletic field;

(3)

In the event that no sports association has priority pursuant to subsections (e)(1) and (e)(2) of this section, the sports association with the greater number of participants who reside within the territorial limits of the city; and

(4)

If said athletic field(s) is new, the sports association with the greater number of participants who reside within the territorial limits of the city.

Except as otherwise provided in section 74-5, an RSA will: (1)

Have exclusive use of the assigned athletic field during the dates and times set forth in the RSA’s approved schedule of sporting events, provided that the director reserves the right to issue a permit or authorize the use of an athletic field, to other persons when such athletic field has not been assigned for use on the dates and times set forth in an RSA’s approved schedule of sporting events; and

(2)

Be given priority to use, for the duration of the RSA’s season, a concession stand, located in or adjacent to the RSA’s assigned athletic field, provided that such RSA has complied with all applicable laws, including article II of chapter 18 relating to the sale of food.

Sec. 74-94. - Revocation of RSA designation. The parks board may revoke an RSA designation granted pursuant to this division if the RSA fails to maintain the insurance required under this article. Sec. 74-95. – Fees for the use of athletic fields by RSAs.

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An RSA shall pay fees for the use of the athletic field(s) assigned to the RSA in the amount specified in a resolution adopted by the city council establishing a schedule of fees. Sec. 74-96. – Maintenance of athletic fields. (a)

The city will provide routine maintenance, excluding field preparation, to athletic fields.

(b)

In consideration of receiving priority and exclusive use of an athletic field(s) during the dates and times set forth in the RSA’s approved schedule of sporting events, the RSA shall be responsible for providing its own supplies, maintaining the restrooms and concession stands during the dates and times set forth in the approved schedule of sporting events, and maintaining the fields of the assigned athletic field(s) during and after the RSA’s season in accordance with the rules for field maintenance of athletic fields promulgated by the director in accordance with this chapter.

Sec. 74-97. – Appeals. A person may appeal the park board’s decision to deny an application for RSA designation, an application for renewal of RSA designation or to revoke an RSA designation in accordance with subsection 74-85(b). A decision by the city council shall be final. DIVISION 4. – ATHLETIC FIELD USE PERMITS Sec. 74-101. – Applications for athletic field use permits. A person seeking an athletic field use permit shall file an application for an athletic field use permit with the director, on an application form provided by the director, at least 24 hours before the date of the proposed sporting event. The application shall include the following information and shall be accompanied by the payment of a fee in the amount specified in a resolution adopted by city council establishing a schedule of fees: (1)

The name, address, telephone number, and e-mail address of the applicant;

(2)

The name, address, telephone number, and email address of the person responsible for the operation or supervision of the applicant’s proposed sporting event at the requested athletic field(s);

(3)

The name and address of the requested athletic field(s);

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(4)

The type of sport that the applicant intends to play on the requested athletic field(s);

(5)

The date and time the applicant proposes to use the requested athletic field;

(6)

The number of persons the applicant expects to attend the sporting event at the requested athletic field;

(7)

The information required under subsections 74-91(a)(5) (relating to volunteers) and (7) (relating to insurance); and

(8)

Any other information that may be requested by the director to fully evaluate and review the application.

Sec. 74-102. – Approval or denial of applications for athletic field use permits. The director will grant an athletic field use permit, and provide, in writing, any conditions or restrictions attached to the issuance of the athletic field use permit, unless the director determines that the application meets one or more of the conditions provided in section 74-83. Sec. 74-103. – Modification or revocation of athletic field use permits. The director may modify or revoke an athletic field use permit issued pursuant to this division if one or more of the conditions provided in section 74-84 is met. Sec. 74-104. – Notice of decisions and appeals. (a)

The director will provide notice of the denial, modification or revocation of an athletic field use permit in accordance with subsection 74-85(a).

(b)

A person may appeal the director’s decision to deny, modify, or revoke an athletic field use permit in accordance with subsection 74-85(b). A decision by the city council shall be final.”

Section 5. The Missouri City Code is hereby amended by deleting Subsection 74-182(a) of Article VI of Chapter 74 thereof and substituting therefor a new Subsection 74-182(a) to provide as follows: “Chapter 74 - PARKS AND RECREATION .... ARTICLE VI. - GOLF COURSES AND GOLF COURSE FACILITIES

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.... Sec. 74-182. – Prohibited conduct on golf courses; exception. (a)

Prohibited conduct. Except as otherwise provided in this article, the following activities are prohibited: (1)

It shall be unlawful for an individual to use the Quail Valley La Quinta Golf Course or the Quail Valley El Dorado Golf Course including accompanying cart trails of either course unless such individual registers with, and receives authorization from, the pro shop to use the golf course, except as otherwise set forth in this section.

(2)

It shall be unlawful for an individual to use the Quail Valley La Quinta Golf Course or the Quail Valley El Dorado Golf Course, including accompanying cart trails of either course with a bicycle, skates, a skate board or any similar type of wheeled vehicle, toy or recreational device.

(3)

It shall be unlawful for an individual to conduct or engage in conduct prohibited by section 74-2 at the Quail Valley La Quinta Golf Course or the Quail Valley El Dorado Golf Course, including accompanying cart trails of either course.”

Section 6. The Missouri City Code is hereby amended by adding a new Subsection (c) to Section 74-182 of Article VI of Chapter 74 to provide as follows: “Chapter 74 - PARKS AND RECREATION .... ARTICLE VI. - GOLF COURSES AND GOLF COURSE FACILITIES .... Sec. 74-182. – Prohibited conduct on golf courses; exception; and affirmative defense. ..... (c)

Affirmative defense. It shall be an affirmative defense to prosecution under subsection 74-182(a) that a person has prior written authorization from the appropriate city representative to conduct or engage in such activity.”

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Section 7. Repeal. Any ordinance or any part of an ordinance in conflict herewith shall be and is hereby repealed only to the extent of such conflict. Section 8. Penalty. Any person who violates, or any person who causes or allows another person to violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than Five Hundred Dollars ($500.00). Each occurrence of any violation of this Ordinance shall constitute a separate offense. Each day in which any violation of this Ordinance occurs shall constitute a separate offense. Section 9. Severability. 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 Missouri City, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. PASSED and APPROVED on first reading this __ day of ________, 2017. PASSED, APPROVED and ADOPTED on second and final reading this __ day of ________, 2017.

________________________ Allen Owen, Mayor ATTEST:

APPROVED AS TO FORM:

__________________________ Maria Jackson, City Secretary

__________________________ E. Joyce Iyamu, City Attorney

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CHANGES MARKED 2017.08.17 Chapter 74 - PARKS AND RECREATION ARTICLE I. - IN GENERAL Sec. 74-1. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alcoholic beverage means any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for consumption purposes, either alone or when diluted. Amplified sound means any sound projected or transmitted by artificial means, including, but not limited to, amplifiers, loudspeakers or any similar device. Annual event means use of park grounds and/or facilities for sporting events for 12 months. Athletic field means any land, facility, structure, or portion thereof, owned, leased, controlled or operated by the city that is designated by the director for the purpose of playing a specific sport. This term specifically includes the city’s tennis center or a portion thereof, but excludes the city’s golf course and the recreation center. Athletic field use permit means a current and valid permit, other than a park use permit, issued in accordance with this chapter for conducting a sporting event at an athletic field. Concession stand means a facility located at or adjacent to an athletic field or park where merchandise, services, food, non-alcoholic beverages or alcoholic beverages are sold or offered for sale. Department means the city department of parks and recreation department. Director means the person designated as and occupying the position of director of the department of parks and recreation or his designee. Improvement means anya building, facility or structure built, constructed, erected, affixed or placed on a park grounds and/or facilitiesor athletic field that is designed to have a life expectancy of three years or more years. Public park means any land designated, used, obtained, or acquired by the city for use as a public park, recreation area or playground area, and any building or facility thereon, operated by the city as a public park, linear park, recreation area or playground area, whether or not such land, building or facility has been formally dedicated to such purpose. Responsible party means the president or vice president of an association. Seasonal event means use of park grounds and/or facilities for sporting events for a duration of less than one year, excluding single-use events and tournament events.

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CHANGES MARKED 2017.08.17 Single-use event means use of park grounds and/or facilities for sporting events for a onetime use. Tournament event means use of park grounds and/or facilities for no more than three consecutive days for a singular purpose in which groups and/or Park means any land, building, facility, structure, or portion thereof, owned, leased, controlled or operated by the city for park or recreational purposes, including any natural feature, such as a lake, river, creek or stream, thereon, and any appurtenances thereto. This term specifically excludes an athletic field, the city’s golf course and golf course facilities, and the recreation center. Park use permit means a current and valid permit, other than an athletic field use permit, issued in accordance with this chapter for the use of an athletic field, a park or the recreation center. Permit means a park use permit or an athletic field use permit. Recognized sports association or RSA means a sports association that is designated, in accordance with this chapter, by the parks board to conduct amateur sporting events for persons under the age of 18 at an athletic field, other than at the city’s tennis center. Recreation center means the city’s recreation center, including any areas that are used for recreational purposes, such as a gym or interior room, thereon. Season means a period of time beginning no earlier than four weeks prior to the date of a sports association’s first officially sanctioned sporting event at an athletic field and no later than the date of the final officially sanctioned sporting event at the athletic field, provided that, such period of time shall not exceed six continuous months. Sports association means a nonprofit organization that exists primarily to operate or conduct amateur sporting events. Sporting event means an event or a program or a series of events or programs at which an individual or a group of individuals play or compete against one another in a series of sporting events. specific sport. Vessel includesmeans any device of human conveyance on the water, whether propelled by motor, wind or human power and that is used to transport individuals across water. The term includes, but is not limited to, anya boat, a yacht, a cruiser, a canoe, a raft or other watercraft. Wake means thea track of waves left by a vessel moving through the water in excess of five miles per hour. Sec. 74-2. - Prohibited conduct in athletic fields, parks, and the recreation center. Within the limits of any public park(a) Except as otherwise provided in this chapter, it shall be unlawful for any person to do any of the acts specified in this section, except as may be otherwise provided. conduct or engage in or cause another person to conduct or engage in any of the following activities within an athletic field, a park or the recreation center, as applicable:

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CHANGES MARKED 2017.08.17

(1)

It shall be unlawful to hitch(1) Hitch, fasten, lead, ride, drive or let loose any animal or fowl of any kind;, provided that this shall not apply to dogsa dog when led by a cord or chain not more than six feet long. ;

(2)

It shall be unlawful to operate(2) Operate or use any motor-driven vehicle such as a scooter, a motor-assisted scooter, a motorcycle, a go-cart or othersimilar motor-driven vehicle in and upon the public parks of the city, saveexcept in certain areas, roadways, parking areas, drives and, or pathways typically designated or authorized for such purpose. ;

(3)

It shall be unlawful to carry Carry or discharge fireworks, airgunsair guns, bows and arrows, slingshots, rockets, torpedoes or any device which would orthat could be used to project anyan object which would orthat could create a fire hazard or any hazard or danger to the public, except with the prior written approval of the parks and recreation director. ;

(4)

It shall be unlawful to damage(4) Damage, cut, break, injure, deface, disturb, displace or remove any natural or manmade properties within a public park.;

(5)

It shall be unlawful to cutCut or remove any wood, turf, grass, soil, rock, sand, gravel, mulch or fertilizer. , except with the prior written approval of the director;

(6)

Overnight camping is prohibited, unless a permit therefor is obtained. Exceptions may be granted by the director of the parks and recreation department in accordance with this chapter.

(6)

Camp overnight;

(7)

It shall be unlawful for any person to consume or have in his possession(7) Consume or possess any alcoholic beverage. It shall be an affirmative defense to prosecution that such consumption or possession is otherwise allowed by this chapter. ;

(8)

It shall be unlawful to operate any(8) Operate or use a bicycle, or any motordriven vehicle, such as a scooter, a motor-assisted scooter, a motorcycle, a gocart or similar motor-driven vehicle, in areas designated for the operationriding or driving of such vehicles in disregard fora manner that disregards the safety of persons or property. ;

(9)

It shall be unlawful to park vehicles or trailers upon (9) Park a vehicle or a trailer on the grass, lawn or anywhere else within a park, other than in those areasan area designated for that purpose. ;

(10)

It shall be unlawful to park vehicles or trailers anywhere but within and between the visible lines designating(10) Park a vehicle or a trailer other than within a single vehicle parking space of anyin a parking lot of the city parks when such visible parking space lines have been placed upon thesuch parking lots.lot;

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CHANGES MARKED 2017.08.17 (11)

It shall be unlawful to park anyPark a vehicle or a trailer in anya parking lot or parking area so as to obstruct, block or hinder ingress or egressin a manner that obstructs or hinders access to or from such parking lot or parking area. ;

(12)

It shall be unlawful to distributeDistribute, post, place or erect any advertising, handbill, circular, bill, notice, paper or other advertising device. in the recreation center;

(13)

It shall be unlawful to sellSell or offer for sale any merchandise, services, food, non-alcoholic beverages or alcoholic beverages. It shall be an affirmative defense to prosecution that such sale or offer for sale is otherwise allowed by this chapter.;

(14)

It shall be unlawful to practicePractice, carry on, conduct or solicit for any trade, occupation, business or profession unless such person has obtained a permit from the director of the parks and recreation department in accordance with this chapter. profession;

(15)

It shall be unlawful to swimSwim, bathe or wade in any water or waterway in any park except in such water or waterway as may be that is designated for such purpose. ;

(16)

It shall be unlawful to operateOperate or use any vessel in any water or waterway except where the water or waterway is specifically designated and posted for a specific purpose. ;

(17)

No wake zones. a. All waters and waterways in city public parks are hereby designated "Slow, No Wake" zones. It is unlawful for any vessel propelled by a motor to operate such motor within a no wake zone so as to create a wake.

(17)

Operate the motor of a vessel propelled by a motor in a “Slow, No Wake” zone in a manner that creates a wake;

b.

The department may, at its discretion, construct signs or buoys indicating an area as a "Slow, No Wake" zone. No one may be deemed guilty of a violation of subsection (17)a of this section unless there is a buoy in or a sign in or around the premises indicating the area as "Slow, No Wake."

(18)

It shall be unlawful to startStart or maintain any outdoora fire, except for a cooking firesfire, which shall be started and or maintained only in a stove, fireplace, barbecue pit or portable camp stove. ;

(19)

It shall be unlawful to leaveLeave a started fire unattended without first completely extinguishing the fire. ;

(20)

It shall be unlawful to use or be in a public park between the hours of 10:00 p.m. and 6:00 a.m., except that during daylight savings time it shall be unlawful for any person to use or be in a public

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CHANGES MARKED 2017.08.17 (20)

Use or be within a park between the hours of 11:00 p.m. and 6:00 a.m., unless a permit is obtained pursuant to article III of this chapter. Permits for the use of parks during such time period may be obtained from the director. Forms of permits and reasonable regulations concerning their issuance will be determined by the director, subject to approval by the city council. except with the prior written approval of the director;

(21)

Play a sport that could create an unreasonable risk of damage to or destruction of the athletic field, park or recreation center or create a hazard or danger to the public; or

(22)

Conduct or engage in any conduct or activity for which a permit or RSA designation is required without a current and valid permit issued or an RSA designation granted in accordance with this chapter.

(b) It shall be an affirmative defense to prosecution that a permit has been issued for a prohibited activity under subsection (a) of this section or the activity is otherwise allowed by this chapter. (c) The provisions of this section shall not be construed to apply to employees, contractors or agents of the city in the lawful discharge of their respective duties. (d) All water and waterways in a park are hereby designated "Slow, No Wake" zones. The director may, at his discretion, place signs or buoys indicating an area as a "Slow, No Wake" zone. It is an affirmative defense to prosecution that no buoy or sign indicates an area is a "Slow, No Wake" zone. Sec. 74-3. - Liability. The city is not responsible for property that is lost, damaged or misplaced property placed in or on its park grounds and/or facilities.in an athletic park, a park or the recreation center. Sec. 74-4. -– Improvements and facility keys. (a)

No persons or associationsExcept as otherwise provided in this chapter, a person shall not make anyan improvement to an athletic field, a park grounds and/or facilitiesor the recreation center without first receivingprior written authorization from the director. Any improvement made to an athletic field, a park grounds and/or facilities, or the recreation center whether made with or without authorization from the director, shall become the property of the city.

(b)

If facility keys are provided to persons or associations by the department, persons or associations shall ensure all facilities are secureThe holder of a permit or an RSA that is provided keys to an athletic field or a park, as applicable, shall ensure that such athletic field or park is secured from entry after activity or use. Persons or associations shall return all keys atuse by the permit holder or RSA. All keys shall be returned to the city on or before the earlier of the expiration of the permit. No person or association shall change any or the end of the RSA’s season. If the keys provided to a permit holder or an RSA are lost, the permit holder or RSA shall immediately report such loss to the director. A permit holder or an RSA may not change locks to park facilities or make

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CHANGES MARKED 2017.08.17 additional copies of keys. Persons or associations assigned keys shall immediately report to the department if keys are lost and also shall immediately report to the department if any locks require to an athletic field or a park without the prior written approval of the director, and shall make requests of any required maintenance of a lock to the director. Sec. 74-5. – City events. An event sponsored or co-sponsored by the city at an athletic field, a park or the recreation center will be given priority at all times. The city reserves the right to cancel a permit or restrict use of an athletic field, a park or the recreation center at a date or time designated for use by a permit holder or an RSA that conflicts with the date or time of a city sponsored or co-sponsored event. In the event of such cancellation or restriction, the city may refund, to the permit holder, any permit fees in proportion to the amount of time designated for use, which was not used or, in the case of an RSA, the city may reschedule use of the athletic field at a mutually agreeable date and time. ARTICLE II. -– ADMINISTRATION DIVISON 1. – PARKS BOARD Sec. 74-31. - Established;– Establishment, membership;, and compensation of members. There is hereby created and established a parks board in and for the city. The parks board shall consist of an odd number of members that shall be not less than seven members and not more than 13 members as set by the city council. The members of the parks board shall be appointed by the mayor subject to confirmation by the city council. Members of the parks board shall serve without compensation, and each shall be a resident of the city. Sec. 74-32. - Terms of members. (a)

(b)

The terms of the members of the parks board shall be for two years and shall be as follows: (1)

The terms of the odd-numbered positions shall be from July 1 of each odd-numbered year until June 30 of the next odd-numbered year.

(2)

The terms of the even-numbered positions shall be from July 1 of each evennumbered year until June 30 of the next even-numbered year.

The terms of such members shall continue until their successors have been appointed and confirmed. The A vacancy of a position for any reason shall be filled by appointment as provided in section 74-31, and the duration of such appointment shall be for the remainder of the term of the position.

Sec. 74-33. -– Officers;, rules of procedure;, and records. The parks board shall organize by electing from its membership a chair and a vice-chair, each of whom shall hold office for one year or until his successor shall have been elected. Five board members shall constitute a quorum for the transaction of the parks board business. The

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CHANGES MARKED 2017.08.17 parks board may adopt its own rules of procedure for the conduct of its business, subject to the approval of such rules by the city council. The parks board shall keep a record of its proceedings and shall file the record with the city secretary. Sec. 74-34. - Duties. TheExcept as provided in subsection (7) of this section, the parks board shall serve in an advisory capacity to the city council regarding policy matters pertaining to city parks and recreation. The parks board shall have the following specific purposes: (1)

Solicit funds, gifts and bequests for park acquisitions, additions and improvements.;

(2)

Review and make advisory recommendations to the city council on proposed park acquisitions, additions and improvements. ;

(3)

Review and make advisory recommendations on parkspark and recreation matters submitted by the director of parks and recreation or the city council. ;

(4)

Promote and stimulate public interest in parks and recreational programs, and assist the director of parks and recreation in solicitation of the cooperation of public and private agencies that may have a direct or indirect involvement in parks and recreation. ;

(5)

Review and make advisory recommendations on amendments to this chapter to the city council on;

(6)

Review and make advisory recommendations on adoption of, changes, modifications and amendments to parks and recreation policies of the cityrules promulgated by the director in accordance with this chapter; and

(7)

Review and approve or deny applications for RSA designation or applications for renewal of RSA designation, and revoke RSA designations in accordance with this chapter.

Sec. 74-35. - Board not empowered to obligate city. TheExcept as provided in section 74-34(7), the parks board shall have no right, power or authority to obligate or bind the city in any manner whatsoever. DIVISION 2. – AUTHORITY OF THE DIRECTOR Sec. 74-51. – Promulgation of written policies and rules and effect of violation. The director shall have the authority to promulgate written policies for the general administration of the department and written rules for the orderly management and use of athletic fields, parks, and the recreation center by the public, provided that, such policies and rules do not conflict with applicable city ordinances, resolutions, policies, procedures or regulations and federal and state law. A copy of the rules adopted under this subsection shall be published on the city’s website and maintained for public inspection in the offices of the director and the city secretary.

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ARTICLE III. - ADMINISTRATION PERMITS.

DIVISION 1. - GENERALLY DIVISION 2. - PERMITS . 1 – GENERAL CONDITIONS Sec. 74-81. - Permit required for certain activities. 61. - Conditions or restrictions on the granting of permits or RSA designations. (a) In addition to any other provision of this chapter that requires the obtaining of a permit prior to engaging in a given activity, no person in a park shall conduct, operate, present, manage or take part in any of the following activities unless a permit is obtained prior to the start of the activity, with the exception of activities sponsored or co-sponsored by the city: (1) Any sporting event exclusively using park grounds and/or facilities, limited to annual events, seasonal events, tournament events, and single-use events. (2) Any exhibit, dramatic performance, play, motion picture, radio or television broadcast, fair, circus or musical event or any similar event. (3) Any public meeting, assembly, parade, ceremony, address, speech, political meeting or other gathering composed of 50 or more persons. (4) Any use of park grounds and/or facilities by an individual or association of persons to the exclusion of others. (5) Any use involving amplified sound. (b) Permit holders shall have exclusive use of the park grounds and/or facilities covered by the permit during the allotted date and time, except as provided in section 74-93. Sec. 74-82. - Field usage permits. (a) This section applies to the issuance of permits for field usage. (b) All associations desiring to conduct an annual event must make an application and be granted a permit by the director. Associations also must pay a deposit and fee as set forth in a resolution adopted by the city for such event. A permit may be granted for an annual event only to associations that have a membership consisting of a majority of Missouri City residents, that have a board of directors consisting of a majority of Missouri City residents, that have made authorized improvements of at least $50,000.00 to one or more city parks, and that have an Internal Revenue Service 501(c)(3) designation. Annual event permit holders are required to make an application for all tournament events and receive a permit from the director. Annual event permit holders perform field, restroom, and concession maintenance, as may be set forth in the permit, and are responsible for their own supplies, amenities, and facilities. Annual event permit holders will receive priority in field assignment. (c) All persons or associations desiring to conduct a seasonal event must make an application and be granted a permit by the director. Persons or associations also must pay a deposit and fee as set forth in a resolution adopted by the city for such event. The department will provide routine maintenance, excluding field preparation, to park grounds and/or facilities for seasonal events. Associations that have a membership consisting of a majority of

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CHANGES MARKED 2017.08.17 Missouri City residents will be given priority field assignment over associations that do not have a membership consisting of a majority of Missouri City residents. (d) All persons or associations desiring to conduct a tournament event must make an application and be granted a permit by the director. Annual event permit holders with an Internal Revenue Service 501(c)(3) designation and which retain all tournament proceeds related to the tournament for which application is made shall pay a not-for-profit tournament event deposit and fee as set forth in a resolution adopted by the city, but in no case may these associations conduct more than eight tournaments during their permit period. Seasonal event permit holders with an Internal Revenue Service 501(c)(3) designation and which retain all tournament proceeds related to the tournament for which application is made shall pay a not-for-profit tournament event deposit and fee as set forth in a resolution adopted by the city, but in no case may these associations conduct more than eight tournaments in a calendar year. Associations without an annual or seasonal event permit, with an Internal Revenue Service 501(c)(3) designation and which retain all tournament proceeds related to the tournament for which application is made shall pay a not-for-profit tournament event deposit and fee as set forth in a resolution adopted by the city, but in no case may these associations conduct more than four tournaments in a calendar year. All other persons or associations making an application for a tournament event shall pay a forprofit tournament event deposit and fee as set forth in a resolution adopted by the city. There shall be no more than two for-profit tournament events per calendar year per park. (e) All persons or associations desiring to conduct a single-use event must make an application and be granted a permit by the director. Persons or associations also must pay a deposit and fee as set forth in a resolution adopted by the city for such event. (f)

For purposes of subsections (b) and (c) of this section, "majority" means 51 percent or greater. For purposes of subsections (b) and (c) of this section, "Missouri City residents" means those persons residing within the territorial limits of the city, plus, for youth sports associations utilizing Sta-Mo Park, those persons residing within the territorial limits of the City of Stafford.

Sec. 74-83. - Park permit. (a) The director is authorized to grant a park permit allowing the sale of merchandise, services, food, non-alcoholic beverages or alcoholic beverages, or the consumption or possession of alcoholic beverages in a public park. The application for such a park permit shall comply with the provisions of section 74-84 and such other reasonable rules and regulations prescribed by the director. The provisions of sections 74-85 through 74-93 shall apply to the permit and the permitting process. In no event shall a permit be granted for the sale, consumption or possession of alcoholic beverages during or associated with a youth sporting event in a public park. (b) The provisions of chapter 6 shall apply to the sale, consumption or possession of alcoholic beverages. (c) The provisions of article II of chapter 18 shall apply to the sale of food and non-alcoholic beverages. (d) The sale of merchandise, services, food, non-alcoholic beverages or alcoholic beverages, and the consumption or possession of alcoholic beverages at city events or events cosponsored by the city are exempt from the provisions of subsection (a) of this section.

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CHANGES MARKED 2017.08.17 (e) The sale of services by a person authorized by the city to provide such services pursuant to a recreational instructor contract is exempt from the provisions of subsection (a) of this section. Sec. 74-84. - Application. (a) A permit application for an annual event shall be filed with the director by a responsible party not less than 30 days and no more than 90 days before the first date of any proposed activity or use of the fall season. A permit application for a seasonal event and tournament event shall be filed with the director not less than 30 days and not more than 90 days before the date of the proposed activity or use. A permit application for a single-use event shall be filed with the director not less than ten days and not more than 30 days before the date of the proposed activity or use. All other applicants seeking the issuance of a permit to carry on an activity in or use of park grounds and/or facilities shall file an application with the director not less than ten days and not more than 365 days before the date of the proposed activity or use. The director may allow for different permit application filing deadlines based upon special circumstances. Any applicable fee as set forth in a resolution adopted by the city shall be paid at a time designated by the director. The applicant shall provide at a minimum: (1) The name, address and telephone number of the applicant. (2) For associations, the names, addresses, telephone numbers, and email addresses of the association and its board of directors and officers. (3) The exact nature of the activity or use for which the permit is being sought. (4) The date and time for which the permit is desired. (5) The park and the park grounds and/or facilities desired to be used to carry out the proposed activity or use. (6) An estimate of the anticipated attendance. (7) For annual event applicants, seasonal event applicants, and tournament event applicants, the most current financial statement, a list of league affiliations, the by-laws, the most current roster with names of players, the designation as to the city in which each player resides, all schedules of practices and games, and the schedule of opening day ceremonies, if applicable. (8) For tournament event applicants applying to conduct a non-profit tournament event and for annual event applicants, the association's Internal Revenue Service 501(c)(3) designation. (9) For annual event applicants, seasonal event applicants, or tournament event applicants, an acknowledgement that background checks have been conducted on all coaches and managers. (10) For applicants seeking a permit for the sale of merchandise, services, food or nonalcoholic beverages during and associated with an event hosted by an annual, seasonal or tournament permit holder, written permission from an authorized representative of such annual, seasonal or tournament permit holder. (11) Any other information that the director finds to be reasonably necessary. (b) Updated rosters are to be provided to the director at times specified by director. All rosters are subject to periodic audits by the director. Annual and seasonal event permit holders

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CHANGES MARKED 2017.08.17 shall report changes in rosters to the director and pay for any roster additions as set forth in a resolution adopted by the city for such event. Sec. 74-85. - Criteria for granting. The director shall consider the application for a permit under this division and grant the permit if it is found that the activity or use will satisfy the following criteria: (1) The proposed activity or use of the park will not unreasonably interfere with or detract from the general public's use and enjoyment of the park; (2) The proposed activity or use of the park will not create an unreasonable risk of damage or destruction of public park property; (3) The proposed activity or use of the park will not create an unreasonable risk of injury to the participants, to any other person, or to the public generally; (4) Adequate provision has been made for supervision and security of the activity or use of the park; (5) The facilities desired have not been reserved for another activity or use at the date and time requested in the application; (6) The application does not contain any false or misleading information, and no required information is omitted; and (7) The activity or use will not violate any federal, state or local law. Sec. 74-86. - Conditions.

The director or the parks board, as applicable, may impose reasonable conditions or restrictions on the issuance of a permit or granting of a permit under this divisionRSA designation, including, but not limited to, anyone or more of the following: (1)

Restrictions on fires, fireworks, amplified sound, dancing, sportstype of sport, use of animals, equipment or vehicles;, the number of persons to be present;, the location of any bandstand or stage;, or such other restrictions as may be reasonable considering the intended activity or use, its effect on the general public's use and enjoyment of park propertythe athletic field, park, or recreation center, and the possible injury or damage to persons or property.;

(2)

A requirement that the applicant pay a fee as set forth in a resolution adopted by the city council to defray the cost of furnishing security forces by the city at the proposed activity or use as set forth in a resolution adopted by the city. The content of the activity or use will not be a factor in determining the fee. activity;

(3)

A requirement that the applicant post a reasonable deposit of securitypay a fee as set forth in a resolution adopted by the city council as a security deposit for the repair of any damage to parkcity property or the cost of cleanup, or both. ;

(4)

A requirement that the applicant furnish additional sanitary and refuse facilities that might be reasonably necessary based onconsidering the intended activity or use for which the permit or RSA designation is being sought. Permittees are responsible for

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CHANGES MARKED 2017.08.17 removing trash and litter generated by their activity in or use of park grounds and/or facilities. ; (5)

A requirement that the applicant for a park use permit provide proof of a comprehensive general liability insurance policy issued by an insurance company authorized to do business in the state. The State of Texas; provided that, the city shall be named as an additional insured on thesuch policy. The and the policy limits of said insurance shall conform to those required by the city manager; or his designee. The city may lower or waive the liability insurance limits.

(6)

A requirement that the applicant agreesagree to indemnify and hold harmless the city and its officers, agents and employees from any and all actions, claims, costs, damages and expenses, including, but not limited to, attorney's fees and court costs, arising out of the use of the athletic field, park grounds and/or facilitiesor recreation center by the applicant. Furthermore,; provided that such indemnification shall apply with respect to all acts or omissions of the applicant and the applicant's invitees, licensees, relatives, friends and their respective invitees, licensees, relatives, and friends associated with the use of such athletic field, park grounds and/or facilities. , or recreation center.

Sec. 74-87. - Notice of decision; appeals. Within seven days after submission of an application for a permit under this division, the director shall inform an applicant in writing of his approval or the reasons for denying a permit and of any conditions attached to the issuance of a permit. Any aggrieved person shall have the right to appeal in writing within six days to the city council, which shall consider the appeal. Sec. 74-88. - Transfer. Permits issued under this division are not to be used, assigned or transferred to other persons or associations without the written consent of the director. Sec. 74-89. - Compliance with applicable regulations. A permittee under this division shall be bound by all applicable rules, regulations, resolutions, ordinances and laws. Sec. 74-90. - Additional fees. Department may assess62. – Requirements for permit holders and RSAs. The holder of a permit or an RSA shall: (1)

Be bound by the requirements of this chapter, all applicable city ordinances, resolutions, policies, procedures and rules, and applicable federal and state laws;

(2)

Be liable for any loss or damage to property or injury or death to persons related to or arising out of the activity for which a permit is issued or RSA designation is granted;

(3)

Not transfer or assign use of an athletic field, a park or the recreation center, as applicable, to another person without the prior written consent of the director;

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CHANGES MARKED 2017.08.17 (4)

Be responsible for the removal of trash and litter generated by the use or activity for which a permit is issued or RSA designation is granted; and

(5)

Be assessed additional fees to permittee as set forth in a resolution adopted by the city for the maintenance, cleaning, and other similar services to park grounds and/or facilities arising from park activity or use. arising from the use or activity for which a permit is issued or RSA designation is granted.

Sec. 74-63. - Receipt and review of applications for permits. The director shall cause all completed applications received pursuant to this article to be immediately time stamped upon receipt by the director. Except for applications filed pursuant to division 3, relating to RSA designations, applications filed pursuant to this article shall be reviewed on a first come, first serve basis; provided that, if two or more applications for a permit are received at the same time, the precedence of approval of such applications shall be determined by an impartial means of chance. DIVISION 2. – PARK USE PERMITS Sec. 74-81. – Park use permits required for certain activities. (a)

A park use permit is required before a person may engage in or conduct the following activities in an athletic field, park or the recreation center: (1)

An activity, other than a sporting event at an athletic field, that temporarily excludes others from using an athletic field, a park or the recreation center for the duration of the activity;

(2)

An exhibit, dramatic performance, motion picture, radio or television broadcast or recording, fair, festival, circus, musical event or similar event;

(3)

A group activity, organized event or gathering comprising of 50 or more persons, except for a sporting event at an athletic field;

(4)

The use of amplified sound equipment;

(5)

The sale or offer for sale of merchandise, services, food or non-alcoholic beverages;

(6)

The sale, offer for sale, consumption or possession of alcoholic beverages; except that, a park use permit shall not be granted for the sale, offer for sale, consumption or possession of alcoholic beverages during or associated with a sporting event involving individuals under the age of 18 at an athletic field;

(7)

Camping overnight;

(8)

Practicing or conducting of, carrying on, or soliciting for any trade or occupation, business or profession; and

(9)

Being in or using the park between the hours of 11:01 p.m. and 5:59 a.m.

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(b)

A park use permit holder shall comply with the provisions of article II of chapter 18 relating to the sale of food and non-alcoholic beverages.

(c)

A park use permit holder shall comply with the provisions of chapter 6 of this code relating to the sale, offer for sale, consumption or possession of alcoholic beverages.

(d)

Events sponsored or co-sponsored by the city are exempt from the provisions of subsection (a) of this section.

(e)

The sale or offer for sale of services by a person authorized by the city to provide such services pursuant to contract is exempt from the provisions of subsection (a)(5) of this section.

Sec. 74-82. – Applications for park use permits. (a)

A person seeking a park use permit shall file an application for a park use permit with the director on an application form provided by the director at least 24 hours before the start time of the proposed activity. The application shall include the following information and shall be accompanied by the payment of a fee in the amount specified in a resolution adopted by the city council establishing a schedule of fees: (1)

The name, address, telephone number, and email address of the applicant;

(2)

The exact nature of the activity for which a permit is sought;

(3)

The date and time of the activity for which a permit is sought;

(4)

The name of the athletic field, park or recreation center or area thereof sought to carry out the proposed activity;

(5)

The number of persons the applicant estimates will attend or participate in the activity;

(6)

The type of amplified sound equipment to be used, if any;

(7)

The type of special effects or features to be used, if any, including, but not limited to, a band, a moonwalk, a petting zoo, or a portable stage;

(8)

For an applicant seeking a park use permit for the sale or offer for sale of merchandise, services, food, non-alcoholic beverages or alcoholic beverages, as applicable, during or associated with a sporting event to be conducted at an athletic field by the holder of an athletic field use permit or an RSA, a written authorization from such athletic field use permit holder or RSA, or an authorized representative of said athletic field use permit holder or RSA, to sell merchandise, services, food, non-alcoholic beverages or alcoholic beverages, as applicable, at such sporting event;

(9)

Whether a fee, such as an admission fee or parking fee, will be charged or anything of value will be required in order to attend the proposed activity; and

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(10)

(b)

Any other information that may be requested by the director to fully evaluate and review the application.

The director may waive the deadline for filing an application for a park use permit, provided that, a waiver serves a public interest or an emergency exists and the application otherwise meets the requirements of this chapter.

Sec. 74-83. – Approval or denial of applications for park use permits. (a)

(b)

The director will grant a park use permit, and provide, in writing, any conditions or restrictions attached to the issuance of the permit, unless the director determines that the application meets one or more of the following conditions: (1)

The application or activity does not comply with the requirements of this chapter, applicable city ordinances, resolutions, policies, procedures, regulations or rules or federal and state law;

(2)

The proposed activity will unreasonably interfere with or detract from the general public’s use and enjoyment of the requested athletic field, park or recreation center;

(3)

The proposed activity will create an unreasonable risk of damage to or destruction of the requested athletic field, park or recreation center;

(4)

The proposed activity will create an unreasonable risk of injury to participants or to the public;

(5)

Inadequate provision has been made for the supervision and security of the activity;

(6)

A park use permit has otherwise been issued for use of the athletic field, park or recreation center on the date and time requested in the application;

(7)

The application contains false or misleading information or required information is omitted;

(8)

The applicant refuses to comply with the conditions or restrictions imposed by the director in accordance with section 74-61;

(9)

The applicant charges an admission fee, parking fee or requires anything of value in order to attend the proposed activity, other than a fee to participate in the proposed activity; or

(10)

The proposed activity is similar to an activity that is being conduct, sponsored or co-sponsored or will be conducted, sponsored or co-sponsored by the city.

Except as provided in section 74-5 and subsection 74-93(f), the holder of a park use permit will have exclusive use of the athletic field, park, or recreation center, as applicable, during the dates and times set forth in the permit, provided that the director

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CHANGES MARKED 2017.08.17 reserves the right to issue a permit or authorize the use of an athletic field, a park, or the recreation center, as applicable, to other persons when such athletic field, park or recreation center has not been reserved or assigned for use on the dates and times set forth in a permit. Sec. 74-84. – Modification or revocation of park use permits. The director may modify or revoke a park use permit issued pursuant to this division if one or more of the following conditions are met: (1)

Failure to comply with the conditions or restrictions attached to the issuance of the park use permit;

(2)

Failure to comply with the requirements of section 74-62; or

(3)

One or more of the conditions provided in section 74-83(a) are met.

Sec. 74-85. – Notice of decisions and appeals. (a)

The director will provide notice to the applicant or holder of a park use permit, as applicable, in writing, of the denial, modification or revocation of a park use permit and shall include the reasons for such denial, modification or revocation.

(b)

A person may appeal the director’s decision to deny, modify or revoke a park use permit, or any conditions or restrictions attached to the issuance of a park use permit, to the city council by providing a written notice of appeal to the city secretary within 10 days of the date of the notice of such decision. A decision by the city council shall be final.

DIVISION 3. – RECOGNIZED SPORTS ASSOCIATIONS Sec. 74-91. - Liability for damage. – Eligibility for RSA designation. The person or association to whom a permit is issued under this division shall be liable for any loss or damage to property or injury or death to persons whatsoever related to or arising out of activity in or use of park grounds and/or facilities. (a)

A sports association shall meet the following requirements to be deemed eligible to receive an RSA designation: (1)

The sports association must be a nonprofit organization that is exempt from state and federal taxation, and in good standing with the state of Texas and the Internal Revenue Service;

(2)

At least twenty-five percent (25%) or three members of the sports associations’ board of directors, whichever number is greater, must reside within the territorial limits of the city as determined by the most-recently approved city tax roll of real property records;

(3)

The sports association must conduct at least one board of directors’ meeting per year as evidenced by the association’s board meeting minutes;

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CHANGES MARKED 2017.08.17 (4)

At least 51 percent (51%) or more of the participants in the sports association’s proposed sporting event at the athletic field(s) for which RSA designation is sought must reside within the territorial limits of the city as determined by the mostrecently approved city tax roll of real property records; except that, for a sports association seeking RSA designation for use of the Sta-Mo Park, the requirement that at least 51 percent (51%) or more of the participants of the sports association must be city residents may be met by individuals who reside within the territorial limits of the city and the City of Stafford;

(5)

The sports association must designate at least two (2) employees or volunteers of the association who will be present at and during each of the sports associations’ sporting events at the athletic field(s) for which RSA designation is sought; provided that, such employees or volunteers must be at least 21 years of age and have completed training in cardiopulmonary resuscitation (CPR) and basic first aid;

(6)

Each coach or trainer who will participate in the sports association’s proposed sporting event at the athletic field for which RSA designation is sought, must complete training in concussion education;

(7)

The sports association must have comprehensive general liability insurance with a combined single limit of $1,000,000 per occurrence with the city named as an additional insured;

(8)

The sports association must have adopted a written criminal background check policy or procedure that is used by the sports association to determine an individual’s eligibility to work for or volunteer with the sports association in sporting events involving individuals who are under the age of 18; and

(9)

A member of the sports associations’ board of directors must attest that each employee or volunteer that will be involved in the sports associations’ sporting events at the athletic field for which RSA designation is sought has undergone and passed a criminal background check in accordance with the sports associations’ criminal background check policy or procedure.

(b) A sports association that is granted RSA designation shall maintain the results of the criminal background checks required under subsection (a)(9) of this section for a period of three (3) years from the date the sports association submits an application for RSA designation or an application for renewal of RSA designation, as applicable, and such results shall be available for review upon the city’s request. Sec. 74-92. - Revocation. – Applications for RSA designation or for renewal of RSA designation. The director shall have the authority to revoke a permit issued under this division upon a finding of violation of any rule, ordinance, state or federal law, or upon the violation of any condition or restriction under which the permit was issued. (a)

At least once a year, the director will cause to be published, on the city’s website, the names and locations of and the time periods that athletic fields will be available for use by RSAs for that year, the date that the city will begin and stop accepting applications for RSA designation and applications for renewal of RSA designation, and how to obtain information to submit such applications to the city.

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(b)

A sports association seeking RSA designation or renewal of RSA designation shall submit, in writing, an application for RSA designation or an application for renewal of RSA designation, as applicable, to the director on a form provided by the director for that purpose on or before the date designated by the director as the last date for accepting applications pursuant to subsection (a) of this section. The application shall include the following information and shall be accompanied by the payment of a fee in the amount specified in a resolution adopted by the city council establishing a schedule of fees: (1)

The name, address, telephone number, and e-mail address of the applicant;

(2)

The name, address, telephone number, and email address of the person responsible for the operation or supervision of the applicant’s proposed sporting event at the athletic field(s) for which RSA designation is sought;

(3)

The name and address of the athletic field(s) for which RSA designation is sought;

(4)

The type of sport that the applicant intends to play on the athletic field(s) for which RSA designation is sought;

(5)

Proof of the applicant’s status as a nonprofit organization and that the applicant is in good standing with the state of Texas and with the Internal Revenue Service as a tax exempt organization; including, but not limited to, a certificate of incorporation as a nonprofit organization and an IRS determination letter;

(6)

A roster of the names and residential addresses, including the street, city, and zip code, of each individual who will participate in the applicant’s proposed sporting event at the athletic field(s) for which RSA designation is sought, and if such roster is not available, the names and addresses of each person who participated in the applicant’s most recent sporting event; provided that, if granted RSA designation, the applicant shall provide to the city any changes to the roster before the first day the RSA proposes to use the assigned athletic field(s);

(7)

For an applicant who is seeking renewal of RSA designation, in addition to the information required under subsection (b)(6) of this section, a roster of the names and residential addresses, including the street, city, and zip code, of each individual who participated in the applicant’s most recent sporting event season conducted at the athletic field(s) for which RSA designation was granted;

(8)

A schedule of the type of sporting events, including, but not limited to, tryouts, practices, leagues, games, tournaments, and opening and closing day ceremonies that will be conducted at the athletic field(s) for which RSA designation is sought, the dates and times that such sporting events will be conducted, and alternative dates and times that may be used by the applicant to conduct such sporting events in the event that the athletic field(s) for which RSA designation is sought is not available for use due to circumstances outsides the control of the applicant; provided that, the schedule must incorporate periods of non-use of the athletic field(s) to allow turf to rest and recover and does not request year-round use of such athletic field(s);

Chapter 74 Amendments Ordinance 2017.08.17

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CHANGES MARKED 2017.08.17 (9)

Documentation that demonstrates that the applicant is eligible for RSA designation pursuant to subsections 74-91(a)(2) (relating to board members), (3) (relating to board of directors’ meeting), (5) (relating to volunteers), (6) (relating to concussion education), (7) (relating to insurance), (8) (relating to criminal background check policy), and (9) (relating to criminal background checks);

(10)

Documentation that supports the applicant’s historical ties to the athletic field(s) for which RSA designation is sought, including, but not limited to, historical data that shows the applicant’s on-going, recurrent or established use of such athletic field and the dates and times that the applicant has held sporting events at such athletic field(s); and

(11)

Any other information that may be requested by the director to fully evaluate and review an application.

Sec. 74-93. - Conflicts with city programs. – Review of applications for and granting of RSA designation. Events sponsored or co-sponsored by the city will be given priority at all times, and the city reserves the right to cancel any permit that may conflict with a city sponsored or co-sponsored event. .... (a)

Upon the expiration of the time period for filing an application pursuant to subsection 7492(a), the director will forward, to the parks board, each complete application of eligible sports associations, and all accompanying documents received by the director pursuant to subsection 74-92(b), with a recommendation to either approve or deny such application and the proposed schedule of sporting events.

(b)

The parks board will approve applications for RSA designation and schedules of sporting events, and provide, in writing, any conditions or restrictions attached to the grant of RSA designation, unless the parks board determines one or more of the following conditions are met:

(c)

(1)

The application contains false or misleading information, or required information is omitted;

(2)

The applicant refuses to comply with the conditions or restrictions attached to the grant of RSA designation; or

(3)

The application or proposed sporting event does not comply with the requirements of this chapter, applicable city ordinances, resolutions, policies, procedures, regulations or rules or federal and state law;

The parks board will approve applications for renewal of RSA designation and schedules of sporting events, and provide, in writing, any conditions or restrictions attached to the grant of RSA designation, unless the parks board determines that one or more of the following conditions are met: (1)

One or more of the conditions provided in subsection (b) of this section are met;

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CHANGES MARKED 2017.08.17 (2)

Failure to maintain the participation rate required under section 74-91(a)(4) during the applicant’s most recent RSA designation;

(3)

Failure to maintain the assigned athletic field(s) as required under section 74-95(b) during the applicant’s most recent RSA designation;

(4)

Failure to make any payment required pursuant to this chapter or applicable city ordinance, resolution, regulation, policy or rule during the applicant’s most recent RSA designation;

(5)

Failure to adhere to the approved sporting event schedule during the applicant’s most recent RSA designation; or

(6)

Failure to maintain the required insurance during the applicant’s most recent RSA designation.

(d)

RSA designations will be granted until all eligible athletic fields have been assigned. Once all eligible athletic fields have been assigned, no more RSA designations will be granted until the next application cycle, and then, only if an athletic field is available for use.

(e)

In the event that two or more sports associations meet the conditions for RSA designation, and such sports associations have requested use of the same athletic field on the same dates and times, the order of precedence, with the first paragraph below taking the highest precedence, for granting RSA designation for use of said athletic field shall be as follows:

(f)

(1)

The sports association that most recently held RSA designation for use of said athletic field(s) and is seeking renewal of RSA designation for said athletic field(s);

(2)

In the event that no sports association has priority pursuant to subsection (e)(1) of this section, the sports association having the longer duration of historical ties to said athletic field(s), as determined by an established, on-going or recurrent use of the athletic field;

(3)

In the event that no sports association has priority pursuant to subsections (e)(1) and (e)(2) of this section, the sports association with the greater number of participants who reside within the territorial limits of the city; and

(4)

If said athletic field(s) is new, the sports association with the greater number of participants who reside within the territorial limits of the city.

Except as otherwise provided in section 74-5, an RSA will: (1)

Have exclusive use of the assigned athletic field during the dates and times set forth in the RSA’s approved schedule of sporting events, provided that the director reserves the right to issue a permit or authorize the use of an athletic field, to other persons when such athletic field has not been assigned for use on the dates and times set forth in an RSA’s approved schedule of sporting events; and

(2)

Be given priority to use, for the duration of the RSA’s season, a concession stand, located in or adjacent to the RSA’s assigned athletic field, provided that such RSA

Chapter 74 Amendments Ordinance 2017.08.17

Page 20 of 25

CHANGES MARKED 2017.08.17 has complied with all applicable laws, including article II of chapter 18 relating to the sale of food. Sec. 74-94. - Revocation of RSA designation. The parks board may revoke an RSA designation granted pursuant to this division if the RSA fails to maintain the insurance required under this article. Sec. 74-95. – Fees for the use of athletic fields by RSAs. An RSA shall pay fees for the use of the athletic field(s) assigned to the RSA in the amount specified in a resolution adopted by the city council establishing a schedule of fees. Sec. 74-96. – Maintenance of athletic fields. (a) The city will provide routine maintenance, excluding field preparation, to athletic fields. (b) In consideration of receiving priority and exclusive use of an athletic field(s) during the dates and times set forth in the RSA’s approved schedule of sporting events, the RSA shall be responsible for providing its own supplies, maintaining the restrooms and concession stands during the dates and times set forth in the approved schedule of sporting events, and maintaining the fields of the assigned athletic field(s) during and after the RSA’s season in accordance with the rules for field maintenance of athletic fields promulgated by the director in accordance with this chapter. Sec. 74-97. – Appeals. A person may appeal the park board’s decision to deny an application for RSA designation, an application for renewal of RSA designation or to revoke an RSA designation in accordance with subsection 74-85(b). A decision by the city council shall be final. DIVISION 4. – ATHLETIC FIELD USE PERMITS Sec. 74-101. – Applications for athletic field use permits. A person seeking an athletic field use permit shall file an application for an athletic field use permit with the director, on an application form provided by the director, at least 24 hours before the date of the proposed sporting event. The application shall include the following information and shall be accompanied by the payment of a fee in the amount specified in a resolution adopted by city council establishing a schedule of fees: (1)

The name, address, telephone number, and e-mail address of the applicant;

(2)

The name, address, telephone number, and email address of the person responsible for the operation or supervision of the applicant’s proposed sporting event at the requested athletic field(s);

(3)

The name and address of the requested athletic field(s);

(4)

The type of sport that the applicant intends to play on the requested athletic field(s);

Chapter 74 Amendments Ordinance 2017.08.17

Page 21 of 25

CHANGES MARKED 2017.08.17

(5)

The date and time the applicant proposes to use the requested athletic field;

(6)

The number of persons the applicant expects to attend the sporting event at the requested athletic field;

(7)

The information required under subsections 74-91(a)(5) (relating to volunteers) and (7) (relating to insurance); and

(8)

Any other information that may be requested by the director to fully evaluate and review the application.

Sec. 74-102. – Approval or denial of applications for athletic field use permits. The director will grant an athletic field use permit, and provide, in writing, any conditions or restrictions attached to the issuance of the athletic field use permit, unless the director determines that the application meets one or more of the conditions provided in section 74-83. Sec. 74-103. – Modification or revocation of athletic field use permits. The director may modify or revoke an athletic field use permit issued pursuant to this division if one or more of the conditions provided in section 74-84 is met. Sec. 74-104. – Notice of decisions and appeals. (a) The director will provide notice of the denial, modification or revocation of an athletic field use permit in accordance with subsection 74-85(a). (b) A person may appeal the director’s decision to deny, modify, or revoke an athletic field use permit in accordance with subsection 74-85(b). A decision by the city council shall be final.

ARTICLE VI. - GOLF COURSES AND GOLF COURSE FACILITIES .... Sec. 74-182. – Prohibited conduct on golf courses; exception; and affirmative defense. (a)

Prohibited conduct. In addition to activities prohibited in parks pursuant to this chapter and except Except as otherwise provided in this article, the following activities are prohibited: (1)

It shall be unlawful for an individual to use the Quail Valley La Quinta Golf Course or the Quail Valley El Dorado Golf Course including accompanying cart trails of either course unless such individual registers with, and receives authorization from, the pro shop to use the golf course, except as otherwise set forth in this section.

(2)

It shall be unlawful for an individual to use the Quail Valley La Quinta Golf Course or the Quail Valley El Dorado Golf Course, including accompanying

Chapter 74 Amendments Ordinance 2017.08.17

Page 22 of 25

CHANGES MARKED 2017.08.17 cart trails of either course with a bicycle, skates, a skate board or any similar type of wheeled vehicle, toy or recreational device. (3)

It shall be unlawful for an individual to conduct or engage in conduct prohibited by section 74-2 at the Quail Valley La Quinta Golf Course or the Quail Valley El Dorado Golf Course, including accompanying cart trails of either course.

.... (c)

Affirmative defense. It shall be an affirmative defense to prosecution under subsection 74-182(a) that a person has prior written authorization from the appropriate city representative to conduct or engage in such activity.

Chapter 74 Amendments Ordinance 2017.08.17

Page 23 of 25

Document comparison by Workshare Compare on Thursday, August 17, 2017 1:48:09 PM Input: Document 1 ID Description Document 2 ID Description Rendering set

file://W:\Legal Department\Ordinance\PARK\Chapter 74 Amendments\Original Chapter 74.docx Original Chapter 74 file://W:\Legal Department\Ordinance\PARK\Chapter 74 Amendments\Chapter 74 Amendments Ordinance 2017.docx Chapter 74 Amendments Ordinance 2017 Standard

Legend: Insertion Deletion Moved from Moved to Style change Format change Moved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions Deletions Moved from Moved to Style change Format changed

350 233 25 25 0 0

Total changes

633

CITY COUNCIL AGENDA ITEM COVER MEMO August 21, 2017 the show me city To: Agenda Item:

Mayor and City Council 11(a) Development Services Fee Schedule

Submitted by:

Otis Spriggs, AICP, Director of Development Services Shashi Kumar, P.E. Director of Public Works, City Engineer E. Joyce Iyamu, City Attorney SYNOPSIS

This is the first and only reading of a resolution amending the City of Missouri City (the “City”) Development Services schedule of fees to account for certain legislative changes and to set fees for recording certain documents in the real property records. STRATEGIC PLAN 2019 GOALS ADDRESSED  

Create a Great Place to Live Quality Development Through Buildout BACKGROUND

Senate Bill 1004 of the 85th Regular Session of the Texas Legislature (“S.B. 1004”) limits the City’s ability to regulate the placement of certain wireless facilities in the City’s right-of-way (“ROW”). S.B. 1004 also provides specific fee limitations that may be charged for permit applications and right-of-way usage. The schedule adopts the following fees:  Network node permit applications: the lesser of 1% of the projects costs or $100.00;  Multiple network node permit applications: $500.00 for up to five (5) network nodes and $100.00 for each additional network node;  Network node pole application $200;  Transport facility permit application: the lesser of 1% of the projects costs or $100.00;  Application resubmission: $50;  Monthly rate for transport facilities: $28 per month per pole;  Annual rate for network nodes on city service poles: $20 per year per pole;  Annual rate for network node providers: $250 per year; and  Annual adjustment rate: one-half of the annual change in the consumer price index. House Bill 3329 of the 85th Regular Session of the Texas Legislature (“H.B. 3329”) prohibits cities from charging electricians certain fees. This resolution changes the registration fees for electricians from $80.00 to $0.00. This legislative change may result in a loss in general revenue to the city of up to $16,000 (based on the amount collected for such fees in Fiscal Year 2017). The resolution also sets forth fees for recording certain documents. Staff derived those fees from the actual cost of filing such documents in Fort Bend County, Texas. BUDGET ANALYSIS

Purchasing Review: N/A Financial/Budget Review: N/A SUPPORTING MATERIALS 1. Resolution 2. Document showing the changes between the existing fees and the proposed fees STAFF’S RECOMMENDATION Consider adopting the resolution.

Director of Public Works, City Engineer:

Jennifer Hobbs, PE, Assistant City Engineer for Shashi Kumar, PE, CFM

Development Services Director Approval:

Otis Spriggs, AICP, Development Services

Assistant City Manager/ City Manager Approval:

Scott R. Elmer, P.E.

RESOLUTION NO. R-17-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MISSOURI CITY, TEXAS, APPROVING AND ADOPTING THE DEVELOPMENT AND PLANNING SCHEDULE OF FEES; REPEALING RESOLUTION NO. R-1636; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND MAKING CERTAIN FINDINGS RELATING THERETO. * * * * * BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MISSOURI CITY, TEXAS: Section 1. The fees associated with Development and Planning shall be in the amounts specified in the Schedule of Fees attached hereto as Exhibit “A” and made a part hereof. Section 2. The officers and employees of the City are hereby authorized and directed to execute such instruments and take such actions as are consistent with the provisions of this Resolution. Section 3. Repeal. Resolution No. R-16-36, adopted on December 5, 2016, is repealed as of the effective date of this Resolution. Additionally all other resolutions or parts of resolutions, if any, in conflict herewith, shall be and are expressly repealed to the extent of such conflict. Section 4. That this Resolution will become effective on September 1, 2017. Section 5. Severability. In the event any clause, phrase, provision, sentence or part of this Resolution or the application of the same to any person or circumstances shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Resolution as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Missouri City, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any part thus declared to be invalid or unconstitutional, or whether there be one or more parts. PASSED, APPROVED and ADOPTED this 21st day of August, 2017.

_______________________ Allen Owen, Mayor ATTEST:

APPROVED AS TO FORM:

____________________________ Maria Jackson, City Secretary

_______________________ E. Joyce Iyamu, City Attorney

Schedule of Fees Development and Planning

Page 1 of 22

EXHIBIT “A”

SCHEDULE OF FEES

DESCRIPTION I.

FEES

In General A.

Commercial change of occupancy 1. Change of occupancy inspection

B.

$100.00

2. General electric inspection

$50.00

3. Site inspection

$25.00

Re-inspections1 1. First re-inspection

$25.00

2. Subsequent re-inspections will increase by $25.00 C.

Temporary construction storage container 1. Permit fee

II.

trailer/dumpster

and/or

$100.00 each

Building A.

Plan-review fee

1

Where there is a conflict between a general re-inspection fee and a specific re-inspection fee, the specific re-inspection fee shall apply. Schedule of Fees Development and Planning

Page 2 of 22

1. When the valuation of the proposed construction exceeds $1,000.00 and the City requires a plan to be submitted, a plan-review fee shall be paid to the City at the time of submitting plans and specifications for review. Such plan-review fee is in addition to the building permit fee.

2. Verification of previously approved plans

1/2 of the required building permit fee for the initial review; $0.00 for the first resubmittal2; $75.00 per hour with a two hour minimum for each additional resubmittal $1.00 per page

2

A building plan resubmittal includes, but is not limited to, a revision to a submitted plan in response to staff comments, a customer-initiated modification to a submitted plan, and any revision to a submitted plan after the issuance of a building permit directly related to such plan. Schedule of Fees Development and Planning

Page 3 of 22

B.

Building permit fee (based on the valuation of the proposed construction) 1. Less than $1000.00 2. $1,000.00 to $49,999.99

$15.00 $15.00 for the first $1,000 plus $5.00 for each additional thousand or fraction thereof, to and including $49,999.99

3. $50,000.00 to $99,999.99

$260.00 for the first $50,000 plus $4.00 for each additional thousand or fraction thereof, to and including $99,999.99

4. $100,000.00 to $499,999.99

$460.00 for the first $100,000 plus $3.00 for each additional thousand or fraction thereof, to and including $499,999.99

5. $500,000.00 and up

$1,600.00 for the first $500,000 plus $2.00 for each additional thousand or fraction thereof

Schedule of Fees Development and Planning

Page 4 of 22

C.

Moving fee 1. For the moving of any building or structure, the fee shall be:

D.

$100.00

Demolition fee For the demolition of any building or structure, the fee shall be: 1. 0 to less than 100,000 cu. ft. 2. 100,000 cu. ft. and over

E.

F.

$0.50/1000 cu. ft.

Contractor registration fee 1. Plumbing

$0.00/year

2. Electrical

$0.00/year

3. Mechanical

$80.00/year

4. Building

$80.00/year

5. Sign

$80.00/year

6. Swimming pool

$80.00/year

7. Irrigation

$80.00/year

Consultant fee 1. Plan review

2. Inspection

III.

$ 50.00

Plan review fee plus the actual cost Inspection fee plus the actual cost

Plumbing Permit application fee Plumbing fixture or trap, or set of fixtures on one trap (including water and drainage piping) Water heater

Schedule of Fees Development and Planning

$15.00 $5.00 each $10.00 each Page 5 of 22

Water treating equipment

$10.00 each

Boiler

$25.00 each

Interceptor or separator

$25.00 each

Sample well

$10.00 each

Storm inlet or area drain Storm sewer (per 200 linear feet) Roof drain Sanitary sewer (per 200 linear feet) Manhole

$15.00 each $5.00 each $15.00 each $5.00 each

Water piping

$15.00 each

Residential irrigation system

$30.00 each

Commercial irrigation system

$50.00 each

Backflow prevention device

$10.00 each

Vacuum breaker

$2.50 each

Water heating equipment replacement

$30.00 each

All other plumbing-related installations

$5.00 each

Homeowner plumbing permit IV.

$5.00 each

$25.00

Gas Permit application fee

$ 15.00

Gas piping system

$15.00 each

Fixture/gas opening

$5.00 each

Furnace, boiler, water heater or other heating appliance

$5.00 each

All other gas-related installations

$5.00 each

Schedule of Fees Development and Planning

Page 6 of 22

V.

Gas test

$20.00 each

Temporary gas cut in

$25.00 each

Emergency same day gas test

$85.00 each

Electrical A.

General electrical fees 1. Permit application fee 2. Meter loop and service 3. Lighting fixture or receptacle 4. Fixed appliances 5. Temporary electric pole

$15.00 $ 15.00 each $.50 each $5.00 each $15.00 each

6. Temporary wiring

$5.00 each

7. Temporary cut in

$ 25.00 each

8. Sub-panel

$5.00 each

9. Transformer

$5.00 each

10. Generator (residential)

$35.00 each

11. Generator (commercial)

$70.00 each

12. Area lighting pole

$25.00 each

13. Underground wire installation (per 100 linear feet) 14. Reconnect fee 15. Sign circuit

$10.00 $ 20.00 each $5.00 each

16. Special event wiring

$25.00 each

17. Emergency same day reconnect fee

$85.00 each

18. All other electrical-related installations

$15.00 each

Schedule of Fees Development and Planning

Page 7 of 22

B.

Motors 1. Less than 10 HP

VI.

$5.00 each

2. 10 HP to less than 100 HP

$15.00 each

3. 100 HP and over

$25.00 each

4. X-ray machines

$10.00 each

Mechanical Permit application fee Duct system

$15.00 Minimum $20.00 each, plus $2.00 per outlet

Clothes dryer vent

$5.00 each

Residential exhaust fan

$5.00 each

Fire damper Refrigeration

$10.00 each Minimum $25.00 per unit plus $3.00 per HP

New cooling tower installation

$100.00 each plus $1.00 per ton

Cooling tower replacement

$100.00 each

Commercial vent hood and exhaust

$30.00 each

Heating unit only

$30.00 each

Evaporator coil and drain

$15.00 each

Air conditioning units only

$30.00 each

Combined heating and air conditioning system

Schedule of Fees Development and Planning

Minimum $30.00 plus $3.00 per ton

Page 8 of 22

VII.

VAV, mix boxes

$15.00 each

Commercial ventilating equipment or fans

$50.00 each

All other mechanical-related installations

$15.00 each

Infrastructure A.

Major construction improvement and right of way permits3 1. Percent of construction costs

3

1% for first $500,000 valuation and .75% for all valuation exceeding $500,000

This subsection does not include fees for network providers, as provided by V.T.C.A., Local Government Code Ch. 284. See subsection VII.D below.

Schedule of Fees Development and Planning

Page 9 of 22

B.

Plan review

1. Construction Plans 0 acres to less than 6 acres

$200.00-Initial review; $100.00 1st resubmittal; $50.00 for each additional resubmittal

6.00 acres to less than 16 acres

$250.00 Initial review; $125.00 1st resubmittal; $65.00 for each additional resubmittal

16.00 acres to less than 100 acres

$350.00 Initial review; $175.00 1st resubmittal; $85.00 for each additional resubmittal

100 acres and greater

$500.00 Initial review; $250.00 1st resubmittal; $125.00 for each additional resubmittal

2. Grading Plans (area being recontoured) 0 acres to less than 3 acres 3 acres to less than 15 acres 15 acres or greater

Schedule of Fees Development and Planning

$25.00 each $50.00 each $100.00 each

Page 10 of 22

3. Commercial Development

$100.00 Initial submittal; $50.00 1st resubmittal; $25.00 for each additional resubmittal

4. Major Landscaping

$200.00 Initial submittal; $100.00 1st resubmittal; $50.00 for each additional resubmittal

5. Expedited Plan Review (plans will be reviewed in 5 days or less if the City has available staff)

C.

Variation review 1. Variation review fee

D.

The applicable fee for such plan review shall be doubled

$50.00 each

Wireless Services Right-of-Way Fees 1. Network node right-of-way permit application

2. Network nodes right-of-way permit application

3. Pole right-of-way permit application 4. Transport facility right-of-way permit application

5. Resubmission Fee

Schedule of Fees Development and Planning

The lesser of 1% of the valuation of the project or $100.00 $500.00 per application for up to five (5) network nodes; $100.00 for each additional node $200.00 The lesser of 1% of the valuation of the project or $100.00 $50.00

Page 11 of 22

6. Monthly rate for transport facilities

7. Annual rate for network nodes on City service poles 8. Annual rate for network providers

9. Annual rate adjustment

Schedule of Fees Development and Planning

$28.00 per month per network node for which backhaul is provided by the transport facility $20.00 per year per service pole $250.00 per network node in right-of-way After the first year after the effective date of this Resolution, and every year thereafter, the annual rate set forth in Subsection VII. D.6 above shall be increased by an amount equal to one-half (1/2) the annual change, if any, in the consumer price index.

Page 12 of 22

VIII.

Fences

IX.

Fences over six feet (the first 50 linear feet)

$25.00

Each additional 50 linear feet or part thereof

$10.00

Pools Public/semi-public

$500.00

Private

$100.00

Self-contained spas X.

$25.00

Signs A.

Plan review fees Plan review fees for a sign are in addition to a sign permit fee. 1. Master sign plan review

2. Master sign plan amendment (modification after approval of a master sign plan) review

3. Sign permit plan review

B.

Sign permit fees A sign permit fee is in addition to all applicable plan review fees. 1. Signs 96 square feet or less

Schedule of Fees Development and Planning

$150.00; $0.00 for the first resubmittal; $30.00 for each additional resubmittal $50.00; $0.00 for the first resubmittal; $30.00 for each additional resubmittal 50% of the cost of sign permit fee; $0.00 for the first resubmittal; $30.00 for each additional resubmittal

$100.00/each

Page 13 of 22

2. Signs 97 square feet or more

3. Searchlight 4. Special event signage (no fee, but permit required)

C.

5. Temporary display Re-inspection fees 1. Site re-inspection

Schedule of Fees Development and Planning

$100.00 base fee plus $.50 each sq. ft. over 96 or fraction thereof $25.00 $0.00 $25.00 $50.00 per reinspection

Page 14 of 22

XI.

Fire A.

Operational permits- unless otherwise indicated, operational permits shall be renewed annually and will be inspected annually by the fire code official 1. Section 105.6.1 Adult or child day care facility 2. Section 105.6.2 Carbon dioxide systems used in beverage dispensing applications (permitted and inspected every two years) 3. Section 105.6.3 Carnivals or fairs (per event) 4. Section 105.6.4 Compressed gases 5. Section 105.6.5 Dry cleaning (permitted and inspected every two years)

6. Section 105.6.6 Explosives (including, but not limited to, fireworks, pyrotechnic special effects materials, or pyrotechnic special effects) (per fireworks display event) This fee includes the cost of firefighters required to be present at a fireworks display location. Aerial firework displays sponsored by the City of Missouri City shall be exempt from payment of the listed permit fees, but shall obtain a permit and have the required plan review and inspections.

$50.00 $75.00/every 2 years

$500.00 $50.00 $50.00/every 2 years

$1,000.00

7. Section 105.6.7 Foster home

$25.00

8. Section 105.6.8 Flammable and combustible liquids

$50.00

9. Section 105.6.9 Hazardous materials

$50.00

10. Section 105.6.10 Health care facility (hospitals, nursing homes, health clinics, dialysis clinics): 

1-100 licensed beds

$100.00



101-150 licensed beds

$150.00



Over 150 licensed beds

$200.00

Schedule of Fees Development and Planning

Page 15 of 22

11. Section 105.6.11 High-piled storage (permitted and inspected every two years) 12. Section 105.6.12 Hot work operations (per site) 13. Section 105.6.13 Pool supply retail establishment (permitted and inspected every two years)

$100.00/every 2 years $100.00 $25.00/every 2 years

14. Section 105.6.14 Residential care facility a. 3-5 licensed occupancy

$100.00

b. 6-16 licensed occupancy

$150.00

c. Over 16 licensed occupancy

$200.00

15. Section 105.6.15 Rooftop heliports

$500.00

16. Section 105.6.16 Temporary storage tanks (per tank) 17. Section 105.6.17 Tire-rebuilding plants

B.

$50.00

$500.00

Construction permits 1. Section 105.7.1 Automatic fire-extinguishing systems: a. Fire sprinkler system installation (first 10,000 square feet) b. Each additional 10,000 square feet c. Remove, add, or relocate 1-25 sprinkler heads d. Remove, add, or relocate over 25 sprinkler heads e. Fixed fire extinguishing systems 2. Section 105.7.2 Battery systems (liquid capacity over 50 gallons) 3. Section 105.7.3 Compressed gases 4. Section 105.7.4 Fire alarm and detection systems and related equipment (automatic, manual, and/or monitored)

Schedule of Fees Development and Planning

$100.00 $50.00 $25.00 $100.00 $50.00 $100.00 $100.00 $100.00

Page 16 of 22

5. Section 105.7.5 Fire pumps and related equipment

$100.00

6. Section 105.7.6 Flammable and combustible liquids

$100.00

7. Section 105.7.7 Gates or barriers across roadways or private drives 8. Section 105.7.8 Hazardous materials 9. Section 105.7.9 Industrial ovens 10. Section 105.7.10 LP-gas 11. Section 105.7.11 Private fire hydrants (per hydrant installation) 12. Section 105.7.12 Smoke control or smoke exhaust systems 13. Section 105.7.13 Spraying or dipping 14. Section 105.7.14 Standpipe systems (per 2 connections) 15. Section 105.7.15 Temporary membrane structures and tents 16. Section 105.7.16 Underground private fire mains

$25.00 $150.00 $50.00 $100.00 $25.00 $50.00 $150.00 $50.00 $25.00 $50.00

Single family residential automatic fire sprinklers shall be exempt from payment of the listed permit fees, but shall obtain a permit and have the required plan review and inspections. C.

Re-inspection fees 1. Site re-inspection

$50.00 per reinspection

2. Subsequent re-inspections will increase by $25.00

Schedule of Fees Development and Planning

Page 17 of 22

XII.

Food Establishment Permit Fees A.

B.

Health fees 1. 1 to 4 employees

$200.00/yr

2. 5 to 9 employees

$300.00/yr

3. 10 to 25 employees

$400.00/yr

4. 26 to 50 employees

$500.00/yr

5. 51 to 100 employees

$600.00/yr

6. 101 or more employees

$700.00/yr

7. Mobile vending unit (1 inspection/year)

$200.00/yr

8. Day Care Centers – with kitchens (2 inspections/year)

$100.00/yr

9. Day Care Centers – without inspections/year) 10. Nonprofit establishments of all sizes

$ 75.00/yr

kitchens

(2

11. Pre-opening health inspection

$100.00

12. Owner-initiated inspection Temporary health permit

$100.00

1. Base fee, including first day

$55.00

2. For each additional day of event

$22.00

3. Renewal fee following closure of more than 30 days; percent of annual fee plus re-inspection fee C.

$ 50.00/yr

Health re-inspection Fees 1. First re-inspection fee 2. Second re-inspection fee 3. Third re-inspection fee 4. Subsequent re-inspections will increase by $50.00

Schedule of Fees Development and Planning

25%

$50.00 $100.00 $150.00

Page 18 of 22

XIII.

Planning Fees Zoning map amendment applications

$450.00 plus $25 per acre

Specific use permit & planned development applications

$1,200.00

Conceptual plan applications (residential and nonresidential)

$400.00 plus $2.00 per residential lot plus $10.00 per acre not divided into residential lots

Preliminary plat applications (residential and nonresidential)

$400.00 plus $6.00 per residential lot plus $30.00 per acre not divided into residential lots

Final plat applications (residential and non-residential)

$500.00 plus $12.50 per residential lot plus $80 per acre not divided into residential lots

Large acreage tract plat

$300.00

Minor correction or amending plat

$300.00

Vacation of plat

$1000.00

Exemptions from platting

$300.00

Zoning Board of Adjustment (Appeals/Variance) request

$300.00

Discussion items- per P &Z meeting

$600.00

Extension of plat approval

$250.00

Schedule of Fees Development and Planning

Page 19 of 22

Design review fee (non-residential-architectural, site plan, landscape reviews and related inspections)

$0.05 per square foot of the entire site with a minimum of $500.00 and a maximum of $1,500 per platted reserve

Design review fee for each additional building

$.05 per square foot of the building with a maximum of $200 per building

Resubmittal for design review (in conjunction with a building permit application)

$200.00 each resubmittal

Child-Care Home Site Approval

$50.00 $50.00

XIV.

Child-Care Center Site Approval (for existing buildings and structures only) After-Hours or Timed Non-Emergency Inspection

XV.

Hourly fee (2 inspections) Double Fees

hours

minimum

for

after-hours

$65.00 per hr

With respect to any permit fees enumerated above, where work is started prior to obtaining the applicable permit, the fees specified shall be doubled. Such doubled fee shall not relieve any person from fully complying with the requirements in the execution of the work nor from any other penalties prescribed in the code. XVI.

Temporary Parking, Storage, and/or Use of a Recreational Vehicle Owned by an Out-of-Town Guest at an Occupied Residence Permit fee for a maximum period not to exceed ten (10) consecutive days. A maximum of three (3) such permits shall be issued per twelve (12) month period per occupied residence.

Schedule of Fees Development and Planning

$25.00 each

Page 20 of 22

XVII.

XVIII.

XIX.

Residential Rental Registration Permit for Residential Rental Registration for exempt under Subsection 14-527 of the Ordinances Permit for Residential Rental Registration exempt under Subsection 14-527 of the Ordinances Portable Storage Unit Placement Permit for placement of portable storage unit

units not Code of for units Code of

Manufactured Homes License for manufactured home parks4

Permit for parking manufactured homes

Replacement permit for parking manufactured homes XX.

XXI.

XXII.

Temporary Use Permit for the Provision of Relief Services Temporary use permit for the provision of relief services approved in accordance with Chapter 22, Article IV of the Missouri City Code Tobacco Bar Permit Permit for the operation of a tobacco bar pursuant to Subsection 70-107(4) of the Missouri City Code Recording Fees Deeds

Easements

Liens

4

$50.00 per dwelling unit/ year $10.00 per dwelling unit/ year $25.00 per portable storage unit $25 per manufactured home stand $25 per manufactured home $10 per permit

$0

$50.00

$11 for the first page; $4 for subsequent pages $11 for the first page; $4 for subsequent pages $11 for the first page; $4 for subsequent pages

The manufactured home park license fee includes the cost of a site plan review.

Schedule of Fees Development and Planning

Page 21 of 22

Releases

Schedule of Fees Development and Planning

$10 for the first page; $5 for subsequent pages

Page 22 of 22

CHANGES MARKED EXHIBIT “A” SCHEDULE OF FEES DESCRIPTION I.

FEES

In General A.

Commercial change of occupancy $100.00

1. Change of occupancy inspection

B.

2. General electric inspection

$50.00

3. Site inspection

$25.00

Re-inspections1 1. First re-inspection

$25.00

2. Subsequent re-inspections will increase by $25.00 C.

Temporary construction storage container 1. Permit fee

II.

trailer/dumpster

and/or $100.00 each

Building A.

Plan-review fee

1

Where there is a conflict between a general re-inspection fee and a specific re-inspection fee, the specific re-inspection fee shall apply.

Schedule of Fees Development and Planning

Page 1 of 2323

CHANGES MARKED 1. When the valuation of the proposed construction exceeds $1,000.00 and the City requires a plan to be submitted, a plan-review fee shall be paid to the City at the time of submitting plans and specifications for review. Such plan-review fee is in addition to the building permit fee.

2. Verification of previously approved plans

1/2 of the required building permit fee for the initial review; $0.00 for the first resubmittal2; $75.00 per hour with a two hour minimum for each additional resubmittal $1.00 per page

2

A building plan resubmittal includes, but is not limited to, a revision to a submitted plan in response to staff comments, a customer-initiated modification to a submitted plan, and any revision to a submitted plan after the issuance of a building permit directly related to such plan.

Schedule of Fees Development and Planning

Page 2 of 2323

CHANGES MARKED B.

Building permit fee (based on the valuation of the proposed construction) 1. Less than $1000.00 2. $1,000.00 to $49,999.99

$15.00 $15.00 for the first $1,000 plus $5.00 for each additional thousand or fraction thereof, to and including $49,999.99

3. $50,000.00 to $99,999.99

$260.00 for the first $50,000 plus $4.00 for each additional thousand or fraction thereof, to and including $99,999.99

4. $100,000.00 to $499,999.99

$460.00 for the first $100,000 plus $3.00 for each additional thousand or fraction thereof, to and including $499,999.99

5. $500,000.00 and up

$1,600.00 for the first $500,000 plus $2.00 for each additional thousand or fraction thereof

Schedule of Fees Development and Planning

Page 3 of 2323

CHANGES MARKED C.

Moving fee 1. For the moving of any building or structure, the fee shall be:

D.

$100.00

Demolition fee For the demolition of any building or structure, the fee shall be: 1. 0 to less than 100,000 cu. ft. 2. 100,000 cu. ft. and over

E.

F.

$0.50/1000 cu. ft.

Contractor registration fee 1. Plumbing

$0.00/year

2. Electrical

$80.000.00/year

3. Mechanical

$80.00/year

4. Building

$80.00/year

5. Sign

$80.00/year

6. Swimming pool

$80.00/year

7. Irrigation

$80.00/year

Consultant fee 1. Plan review 2. Inspection

III.

$ 50.00

Plan review fee plus the actual cost Inspection fee plus the actual cost

Plumbing Permit application fee Plumbing fixture or trap, or set of fixtures on one trap (including water and drainage piping) Water heater

Schedule of Fees Development and Planning

$15.00 $5.00 each $10.00 each Page 4 of 2323

CHANGES MARKED Water treating equipment

$10.00 each

Boiler

$25.00 each

Interceptor or separator

$25.00 each

Sample well

$10.00 each

Storm inlet or area drain Storm sewer (per 200 linear feet) Roof drain Sanitary sewer (per 200 linear feet) Manhole

$15.00 each $5.00 each $15.00 each $5.00 each

Water piping

$15.00 each

Residential irrigation system

$30.00 each

Commercial irrigation system

$50.00 each

Backflow prevention device

$10.00 each

Vacuum breaker

$2.50 each

Water heating equipment replacement

$30.00 each

All other plumbing-related installations

$5.00 each

Homeowner plumbing permit IV.

$5.00 each

$25.00

Gas Permit application fee

$ 15.00

Gas piping system

$15.00 each

Fixture/gas opening

$5.00 each

Furnace, boiler, water heater or other heating appliance

$5.00 each

All other gas-related installations

$5.00 each

Schedule of Fees Development and Planning

Page 5 of 2323

CHANGES MARKED

V.

Gas test

$20.00 each

Temporary gas cut in

$25.00 each

Emergency same day gas test

$85.00 each

Electrical A.

General electrical fees 1. Permit application fee 2. Meter loop and service 3. Lighting fixture or receptacle 4. Fixed appliances 5. Temporary electric pole

$15.00 $ 15.00 each $.50 each $5.00 each $15.00 each

6. Temporary wiring

$5.00 each

7. Temporary cut in

$ 25.00 each

8. Sub-panel

$5.00 each

9. Transformer

$5.00 each

10. Generator (residential)

$35.00 each

11. Generator (commercial)

$70.00 each

12. Area lighting pole

$25.00 each

13. Underground wire installation (per 100 linear feet) 14. Reconnect fee 15. Sign circuit

$10.00 $ 20.00 each $5.00 each

16. Special event wiring

$25.00 each

17. Emergency same day reconnect fee

$85.00 each

18. All other electrical-related installations

$15.00 each

Schedule of Fees Development and Planning

Page 6 of 2323

CHANGES MARKED B.

Motors 1. Less than 10 HP

VI.

$5.00 each

2. 10 HP to less than 100 HP

$15.00 each

3. 100 HP and over

$25.00 each

4. X-ray machines

$10.00 each

Mechanical Permit application fee Duct system

$15.00 Minimum $20.00 each, plus $2.00 per outlet

Clothes dryer vent

$5.00 each

Residential exhaust fan

$5.00 each

Fire damper Refrigeration

$10.00 each Minimum $25.00 per unit plus $3.00 per HP

New cooling tower installation

$100.00 each plus $1.00 per ton

Cooling tower replacement

$100.00 each

Commercial vent hood and exhaust

$30.00 each

Heating unit only

$30.00 each

Evaporator coil and drain

$15.00 each

Air conditioning units only

$30.00 each

Combined heating and air conditioning system

Schedule of Fees Development and Planning

Minimum $30.00 plus $3.00 per ton Page 7 of 2323

CHANGES MARKED

VII.

VAV, mix boxes

$15.00 each

Commercial ventilating equipment or fans

$50.00 each

All other mechanical-related installations

$15.00 each

Infrastructure A.

Major construction improvement and right of way permits3 1. Percent of construction costs

3

1% for first $500,000 valuation and .75% for all valuation exceeding $500,000

This subsection does not include fees for network providers, as provided by V.T.C.A., Local Government Code Ch. 284. See subsection VII.D below.

Schedule of Fees Development and Planning

Page 8 of 2323

CHANGES MARKED B.

Plan review 1. Construction Plans 0 acres to less than 6 acres

$200.00-Initial review; $100.00 1st resubmittal; $50.00 for each additional resubmittal

6.00 acres to less than 16 acres

$250.00 Initial review; $125.00 1st resubmittal; $65.00 for each additional resubmittal

16.00 acres to less than 100 acres

$350.00 Initial review; $175.00 1st resubmittal; $85.00 for each additional resubmittal

100 acres and greater

$500.00 Initial review; $250.00 1st resubmittal; $125.00 for each additional resubmittal

2. Grading Plans (area being recontoured) 0 acres to less than 3 acres 3 acres to less than 15 acres 15 acres or greater

Schedule of Fees Development and Planning

$25.00 each $50.00 each $100.00 each

Page 9 of 2323

CHANGES MARKED 3. Commercial Development

$100.00 Initial submittal; $50.00 1st resubmittal; $25.00 for each additional resubmittal

4. Major Landscaping

$200.00 Initial submittal; $100.00 1st resubmittal; $50.00 for each additional resubmittal

5. Expedited Plan Review (plans will be reviewed in 5 days or less if the City has available staff)

C.

Variation review 1. Variation review fee

D.

The applicable fee for such plan review shall be doubled $50.00 each

Wireless Services Right-of-Way Fees 1. Network node right-of-way permit application

2. Network nodes right-of-way permit application

3. Pole right-of-way permit application 4. Transport facility right-of-way permit application

5. Resubmission Fee

Schedule of Fees Development and Planning

The lesser of 1% of the valuation of the project or $100.00 $500.00 per application for up to five (5) network nodes; $100.00 for each additional node $200.00 The lesser of 1% of the valuation of the project or $100.00 $50.00

Page 10 of 2323

CHANGES MARKED 6. Monthly rate for transport facilities

7. Annual rate for network nodes on City service poles 8. Annual rate for network providers 9. Annual rate adjustment

Schedule of Fees Development and Planning

$28.00 per month per network node for which backhaul is provided by the transport facility $20.00 per year per service pole $250.00 per network node in right-of-way After the first year after the effective date of this Resolution, and every year thereafter, the annual rate set forth in Subsection VII. D.6 above shall be increased by an amount equal to one-half (1/2) the annual change, if any, in the consumer price index.

Page 11 of 2323

CHANGES MARKED VIII.

Fences

IX.

Fences over six feet (the first 50 linear feet)

$25.00

Each additional 50 linear feet or part thereof

$10.00

Pools Public/semi-public

$500.00

Private

$100.00

Self-contained spas X.

$25.00

Signs A.

Plan review fees Plan review fees for a sign are in addition to a sign permit fee. 1. Master sign plan review

2. Master sign plan amendment (modification after approval of a master sign plan) review

3. Sign permit plan review

B.

Sign permit fees A sign permit fee is in addition to all applicable plan review fees. 1. Signs 96 square feet or less

Schedule of Fees Development and Planning

$150.00; $0.00 for the first resubmittal; $30.00 for each additional resubmittal $50.00; $0.00 for the first resubmittal; $30.00 for each additional resubmittal 50% of the cost of sign permit fee; $0.00 for the first resubmittal; $30.00 for each additional resubmittal

$100.00/each

Page 12 of 2323

CHANGES MARKED 2. Signs 97 square feet or more

3. Searchlight 4. Special event signage (no fee, but permit required)

C.

5. Temporary display Re-inspection fees 1. Site re-inspection

Schedule of Fees Development and Planning

$100.00 base fee plus $.50 each sq. ft. over 96 or fraction thereof $25.00 $0.00 $25.00 $50.00 per reinspection

Page 13 of 2323

CHANGES MARKED XI.

Fire A.

Operational permits- unless otherwise indicated, operational permits shall be renewed annually and will be inspected annually by the fire code official 1. Section 105.6.1 Adult or child day care facility 2. Section 105.6.2 Carbon dioxide systems used in beverage dispensing applications (permitted and inspected every two years) 3. Section 105.6.3 Carnivals or fairs (per event) 4. Section 105.6.4 Compressed gases 5. Section 105.6.5 Dry cleaning (permitted and inspected every two years) 6. Section 105.6.6 Explosives (including, but not limited to, fireworks, pyrotechnic special effects materials, or pyrotechnic special effects) (per fireworks display event) This fee includes the cost of firefighters required to be present at a fireworks display location. Aerial firework displays sponsored by the City of Missouri City shall be exempt from payment of the listed permit fees, but shall obtain a permit and have the required plan review and inspections.

$50.00 $75.00/every 2 years $500.00 $50.00 $50.00/every 2 years $1,000.00

7. Section 105.6.7 Foster home

$25.00

8. Section 105.6.8 Flammable and combustible liquids

$50.00

9. Section 105.6.9 Hazardous materials

$50.00

10. Section 105.6.10 Health care facility (hospitals, nursing homes, health clinics, dialysis clinics): 

1-100 licensed beds

$100.00



101-150 licensed beds

$150.00



Over 150 licensed beds

$200.00

Schedule of Fees Development and Planning

Page 14 of 2323

CHANGES MARKED 11. Section 105.6.11 High-piled storage (permitted and inspected every two years) 12. Section 105.6.12 Hot work operations (per site) 13. Section 105.6.13 Pool supply retail establishment (permitted and inspected every two years)

$100.00/every 2 years $100.00 $25.00/every 2 years

14. Section 105.6.14 Residential care facility a. 3-5 licensed occupancy

$100.00

b. 6-16 licensed occupancy

$150.00

c. Over 16 licensed occupancy

$200.00

15. Section 105.6.15 Rooftop heliports

$500.00

16. Section 105.6.16 Temporary storage tanks (per tank) 17. Section 105.6.17 Tire-rebuilding plants

B.

$50.00 $500.00

Construction permits 1. Section 105.7.1 Automatic fire-extinguishing systems: a. Fire sprinkler system installation (first 10,000 square feet) b. Each additional 10,000 square feet

$100.00

c. Remove, add, or relocate 1-25 sprinkler heads

$25.00

d. Remove, add, or relocate over 25 sprinkler heads e. Fixed fire extinguishing systems 2. Section 105.7.2 Battery systems (liquid capacity over 50 gallons) 3. Section 105.7.3 Compressed gases 4. Section 105.7.4 Fire alarm and detection systems and related equipment (automatic, manual, and/or monitored) Schedule of Fees Development and Planning

$50.00

$100.00 $50.00 $100.00 $100.00 $100.00

Page 15 of 2323

CHANGES MARKED 5. Section 105.7.5 Fire pumps and related equipment

$100.00

6. Section 105.7.6 Flammable and combustible liquids

$100.00

7. Section 105.7.7 Gates or barriers across roadways or private drives 8. Section 105.7.8 Hazardous materials 9. Section 105.7.9 Industrial ovens 10. Section 105.7.10 LP-gas 11. Section 105.7.11 Private fire hydrants (per hydrant installation) 12. Section 105.7.12 Smoke control or smoke exhaust systems 13. Section 105.7.13 Spraying or dipping 14. Section 105.7.14 Standpipe systems (per 2 connections) 15. Section 105.7.15 Temporary membrane structures and tents 16. Section 105.7.16 Underground private fire mains

$25.00 $150.00 $50.00 $100.00 $25.00 $50.00 $150.00 $50.00 $25.00 $50.00

Single family residential automatic fire sprinklers shall be exempt from payment of the listed permit fees, but shall obtain a permit and have the required plan review and inspections. C.

Re-inspection fees 1. Site re-inspection

$50.00 per reinspection

2. Subsequent re-inspections will increase by $25.00

Schedule of Fees Development and Planning

Page 16 of 2323

CHANGES MARKED XII.

Food Establishment Permit Fees A.

B.

Health fees 1. 1 to 4 employees

$200.00/yr

2. 5 to 9 employees

$300.00/yr

3. 10 to 25 employees

$400.00/yr

4. 26 to 50 employees

$500.00/yr

5. 51 to 100 employees

$600.00/yr

6. 101 or more employees

$700.00/yr

7. Mobile vending unit (1 inspection/year)

$200.00/yr

8. Day Care Centers – with kitchens (2 inspections/year)

$100.00/yr

9. Day Care Centers – without inspections/year) 10. Nonprofit establishments of all sizes

$ 75.00/yr

kitchens

(2

11. Pre-opening health inspection

$100.00

12. Owner-initiated inspection Temporary health permit

$100.00

1. Base fee, including first day

$55.00

2. For each additional day of event

$22.00

3. Renewal fee following closure of more than 30 days; percent of annual fee plus re-inspection fee C.

$ 50.00/yr

Health re-inspection Fees 1. First re-inspection fee 2. Second re-inspection fee 3. Third re-inspection fee 4. Subsequent re-inspections will increase by $50.00

Schedule of Fees Development and Planning

25% $50.00 $100.00 $150.00

Page 17 of 2323

CHANGES MARKED XIII.

Planning Fees Zoning map amendment applications

$450.00 plus $25 per acre

Specific use permit & planned development applications

$1,200.00

Conceptual plan applications (residential and nonresidential)

$400.00 plus $2.00 per residential lot plus $10.00 per acre not divided into residential lots

Preliminary plat applications (residential and nonresidential)

$400.00 plus $6.00 per residential lot plus $30.00 per acre not divided into residential lots

Final plat applications (residential and non-residential)

$500.00 plus $12.50 per residential lot plus $80 per acre not divided into residential lots

Large acreage tract plat

$300.00

Minor correction or amending plat

$300.00

Vacation of plat

$1000.00

Exemptions from platting

$300.00

Zoning Board of Adjustment (Appeals/Variance) request

$300.00

Discussion items- per P &Z meeting

$600.00

Extension of plat approval

$250.00

Schedule of Fees Development and Planning

Page 18 of 2323

CHANGES MARKED Design review fee (non-residential-architectural, site plan, landscape reviews and related inspections)

$0.05 per square foot of the entire site with a minimum of $500.00 and a maximum of $1,500 per platted reserve

Design review fee for each additional building

$.05 per square foot of the building with a maximum of $200 per building

Resubmittal for design review (in conjunction with a building permit application)

$200.00 each resubmittal

Child-Care Home Site Approval

$50.00 $50.00

XIV.

Child-Care Center Site Approval (for existing buildings and structures only) After-Hours or Timed Non-Emergency Inspection

XV.

Hourly fee (2 inspections) Double Fees

hours

minimum

for

after-hours

$65.00 per hr

With respect to any permit fees enumerated above, where work is started prior to obtaining the applicable permit, the fees specified shall be doubled. Such doubled fee shall not relieve any person from fully complying with the requirements in the execution of the work nor from any other penalties prescribed in the code. XVI.

Temporary Parking, Storage, and/or Use of a Recreational Vehicle Owned by an Out-of-Town Guest at an Occupied Residence Permit fee for a maximum period not to exceed ten (10) consecutive days. A maximum of three (3) such permits shall be issued per twelve (12) month period per occupied residence.

Schedule of Fees Development and Planning

$25.00 each

Page 19 of 2323

CHANGES MARKED XVII.

XVIII.

XIX.

Residential Rental Registration Permit for Residential Rental Registration for exempt under Subsection 14-527 of the Ordinances Permit for Residential Rental Registration exempt under Subsection 14-527 of the Ordinances Portable Storage Unit Placement Permit for placement of portable storage unit

units not Code of for units Code of

Manufactured Homes License for manufactured home parks34 Permit for parking manufactured homes Replacement permit for parking manufactured homes

XX.

XXI.

XXII.

Temporary Use Permit for the Provision of Relief Services Temporary use permit for the provision of relief services approved in accordance with Chapter 22, Article IV of the Missouri City Code Tobacco Bar Permit Permit for the operation of a tobacco bar pursuant to Subsection 70-107(4) of the Missouri City Code Recording Fees Deeds

Easements

Liens

34

$50.00 per dwelling unit/ year $10.00 per dwelling unit/ year $25.00 per portable storage unit $25 per manufactured home stand $25 per manufactured home $10 per permit

$0

$50.00 $11 for the first page; $4 for subsequent pages $11 for the first page; $4 for subsequent pages $11 for the first page; $4 for subsequent pages

The manufactured home park license fee includes the cost of a site plan review.

Schedule of Fees Development and Planning

Page 20 of 2323

CHANGES MARKED Releases

Schedule of Fees Development and Planning

$10 for the first page; $5 for subsequent pages

Page 21 of 2323

Document comparison by Workshare Compare on Friday, August 11, 2017 3:32:56 PM Input: Document 1 ID Description Document 2 ID Description Rendering set

file://W:\Legal Department\Resolution\Schedule of Fees\Finals\Schedule of Fees Development and Planning 12.5.16.doc Schedule of Fees Development and Planning 12.5.16 file://W:\Legal Department\Resolution\Schedule of Fees\Drafts\Schedule of Fees Development and Planning 2017.08.11.doc Schedule of Fees Development and Planning 2017.08.11 Standard

Legend: Insertion Deletion Moved from Moved to Style change Format change Moved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions Deletions Moved from Moved to Style change Format changed

165 18 0 0 0 0

Total changes

183

CITY COUNCIL AGENDA ITEM COVER MEMO August 21, 2017 the show me city To: Agenda Item:

Mayor and City Council 11(b), (c), and (d) Consider a resolution designating Wells Fargo as the City Depository and authorizing the City Manager to execute a bank depository agreement.

Submitted by:

LaToya Jasper, Assistant Financial Services Director SYNOPSIS

On July 17, 2017, City Council approved staff’s recommendation to award a bank depository services agreement (“Agreement”) to Wells Fargo Bank, effective October 1, 2017, and to allow the City Manager to negotiate a depository agreement. The staff, Valley View Consultants and Wells Fargo Bank representatives have prepared the attached Agreement as a result of the negotiations. In addition, staff will direct Amegy Bank to close the Missouri City (MC) Operating, Benefit Trust, and Local Government Corporation (LGC) bank accounts. STRATEGIC PLAN 2019 GOALS ADDRESSED 

Maintain a financially sound City BACKGROUND

The City went out for bid in April of 2017 for a new bank depository agreement. On July 17, 2017, Financial Services provided City Council with a recommendation for a new Bank Depository agreement with Wells Fargo Bank to become effective October 1, 2017. City Council approved this recommendation and authorized the City Manager to negotiate the depository agreements. FISCAL/BUDGET ANALYSIS Over the five-year contract period, the City is expecting to collect $146,532 of interest in excess of paid fees. Purchasing Review: Sheila A. Smith, C.P.M. Financial/Budget Review: Edena J. Atmore, CPA, CPFO, CPM Note: Compliance with the conflict of interest questionnaire requirements, if applicable, and the interested party disclosure requirements (HB 1295) has been confirmed/is pending within 30-days of this Council action and prior to execution.

SUPPORTING MATERIALS 1. 2. 3. 4. 5.

Agenda Items 11b, 11c, and 11d Resolutions Depository Agreement Pledged Collateral Agreement RFA Engagement and Evaluation Letter RFA Analysis STAFF’S RECOMMENDATION

Staff recommends Council approve a resolution designating Wells Fargo Bank as the City Depository, and authorize the City Manager to execute the applicable agreements with Wells Fargo Bank, and subsequently notifying Amegy Bank to close the MC Operating, Benefit Trust, and LGC bank accounts.

Director Approval:

Edena J. Atmore, CPA, CPFO, CPM

Assistant City Manager/ City Manager Approval:

Anthony J. Snipes

RESOLUTION NO. R-17__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MISSOURI CITY, TEXAS, DESIGNATING WELLS FARGO BANK, NATIONAL ASSOCIATION AS THE PRIMARY DEPOSITORY FOR CITY OF MISSOURI CITY FUNDS; APPROVING THE TERMS AND CONDITIONS OF A DEPOSITORY SERVICES CONTRACT WITH WELLS FARGO BANK, NATIONAL ASSOCIATION; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE DEPOSITORY SERVICES CONTRACT WITH WELLS FARGO BANK, NATIONAL ASSOCIATION; ESTABLISHING PROCEDURES FOR THE DEPOSIT, TRANSFER, AND WITHDRAWAL OF CITY OF MISSOURI CITY FUNDS; ESTABLISHING PROCEDURES FOR THE BORROWING OF FUNDS; ESTABLISHING PROCEDURES FOR THE APPROVAL, RELEASE, OR SUBSTITUTION OF SECURITIES PLEDGED TO SECURE CITY OF MISSOURI CITY DEPOSITS; REPEALING ANY AND ALL RESOLUTIONS IN CONFLICT HEREWITH; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. *

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WHEREAS, on April 20, 2017, the City of Missouri City, Texas (the “City”) released a solicitation for applications from qualified financial institutions to provide primary depository services for City funds in accordance with the requirements of Chapter 105 of the Texas Local Government Code; and WHEREAS, on July 17, 2017, the City Council of the City authorized the City Manager to negotiate a depository services contract with Wells Fargo Bank, National Association (the “Bank”); and WHEREAS, Section 105.016(a) of the Texas Local Government Code requires the governing body of a municipality to designate a bank to serve as a depository for the municipality’s funds; and WHEREAS, pursuant to Section 105.017 of the Texas Local Government Code, a municipality may approve, execute, and deliver a depository services contract whose term does not exceed five (5) years, and said contract may only contain terms and conditions approved by the governing body of the municipality; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MISSOURI CITY, TEXAS: Section 1. The facts and recitations set forth in the preamble of this Resolution are hereby found to be true and correct and are made a part hereof.

Depository Bank_ Wells Fargo Resolution 2017

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Section 2. That Wells Fargo Bank, National Association is hereby designated as the depository in which the funds of the City may be deposited. Section 3. That the depository services contract, attached hereto as Exhibit “A,” is hereby approved, and the City Manager is authorized to execute said contract for and on behalf of the City. Section 4. The director of the City’s Finance Department (the “Finance Director”), or his designee, is hereby authorized to open and maintain an account or accounts with Bank. Section 5. The Finance Director is authorized to endorse, in the name of the City, for the purpose of deposit and collection in and with said Bank all checks, drafts, notes, and other like obligations and to execute authorization agreements or orders for the automatic or electronic transfer of funds for deposit to said account or accounts. Such endorsement for deposits and collection may be made by the written or stamped endorsements of the City without designation of the person making the endorsement. Section 6. Checks, drafts, or orders for the payment of money, vouchers, or warrants for the withdrawing of funds from said account or accounts shall bear the actual or facsimile signatures of the Mayor and City Manager. In the event the Mayor or City Manager should be unavailable, the actual or facsimile signature of the remaining available official shall be required in conjunction with the actual signature of one of the following: Mayor Pro tem, Assistant City Manager, or Finance Director. In the event both the Mayor and City Manager should be unavailable, the actual signatures of two of the following shall be required: Mayor Pro tem, Assistant City Manager, or Finance Director. Section 7. The Finance Director, or his designee, is authorized to execute and charge to the account or accounts of the City, without limit as to amount, by automatic or electronic debit entry authorizations, telephonic, oral or written requests, provided that funds or credit from the City’s account or accounts with the Bank are transferred to another City account or accounts either with the Bank or a third party. The Finance Director, or his designee, is authorized to execute and charge to the account or accounts of the City, enter into arrangements for the processing of ACH debits and credits to its deposit accounts at Bank, and purchase such cash management and other products and services with Bank and other banks as required to perform City business. Section 8. The Finance Director, or his designee, is authorized to approve, pledge, release or substitute securities pledged to the City as security for City deposits. Section 9. The Finance Director, with the approval of the City Manager, may authorize and empower certain employees in the City’s Finance Department to initiate wire transfers and to conduct banking services using electronic and internet Depository Bank_ Wells Fargo Resolution 2017

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resources. Verifiable authorization may only be exercised by one of the following: City Manager or the Finance Director. Section 10. The Finance Director is hereby authorized to notify the Bank in writing or in a form required by the Bank of the names of the parties who may verify transactions and those names of the City Manager and Finance Director. Section 11. The Finance Director may borrow funds and enter into Bankrelated lease purchase agreements and other arrangements for City purposes. Section 12. The Bank is authorized to refuse any transfer or transaction when in its discretion, such request constitutes an improper or unauthorized direction for a transfer of funds, check, or any other transaction with notification to the Mayor or City Manager. Section 13. The City Secretary, the Finance Director, and their respective designees are hereby authorized to take any and all reasonable actions to give effect to this Resolution. Section 14. This Resolution shall remain in force and effect until Bank has received express written notice of its rescission or modification by a resolution duly adopted by the City Council of this City and certified by the City Secretary. Section 15. Resolution No. R-12-10, adopted on March 19, 2012, authorizing certain banking services with the City’s current depository, Amegy Bank National Association, shall remain in effect until the City Manager or his designee notifies same in writing that such resolutions are rescinded or by September 30, 2017, whichever occurs first. Any and all other resolutions in conflict herewith are hereby repealed to the extent of such conflict. PASSED and APPROVED this 21st day of August, 2017.

______________________________ Allen Owen, Mayor ATTEST:

APPROVED AS TO FORM:

____________________________ Maria Jackson, City Secretary

__________________________ E. Joyce Iyamu, City Attorney

Depository Bank_ Wells Fargo Resolution 2017

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RESOLUTION NO. R-17__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MISSOURI CITY, TEXAS, AMENDING RESOLUTION NO. R-13-21, AS AMENDED, TO DESIGNATE WELLS FARGO BANK, NATIONAL ASSOCIATION AS THE PRIMARY DEPOSITORY FOR THE CITY OF MISSOURI CITY INSURANCE TRUST FUND AND TO DESIGNATE CERTAIN CITY OFFICIALS TO OPEN AND MAINTAIN AN ACCOUNT OR ACCOUNTS WITH SAID BANK; PROVIDING FOR A REPEAL; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. *

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WHEREAS, pursuant to Resolution No. R-13-21, adopted on August 5, 2013, the City Council of the City of Missouri City (the “City”) established the City of Missouri City Insurance Trust Fund (the “Trust”); and WHEREAS, the Trust is currently maintained with Amegy Bank, National Association (“Amegy Bank”); and WHEREAS, pursuant to Resolution No. R-17-20, adopted on August 21, 2017, the City Council designated Wells Fargo Bank, National Association (the “Bank”) as the depository for City funds; and WHEREAS, pursuant to Resolution No. R-16-20, adopted on June 20, 2016, the City Council amended Resolution R-13-21, to designate certain City officials who have the authority to act on behalf of the City in transacting Trust business with Amegy Bank; and WHEREAS, it is necessary to amend Resolution No. R-13-21 to designate the Bank as the new depository for Trust funds, and to designate those individuals who have authority to act on behalf of the Trust in transacting business with the Bank; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MISSOURI CITY, TEXAS: Section 1. The facts and recitations set forth in the preamble of this Resolution are hereby found to be true and correct and are made a part hereof. Section 2. Resolution No. R-13-21, adopted on August 5, 2013, is hereby amended by deleting every instance of the term “Amegy Bank National Association” thereof and substituting therefor the term “Wells Fargo Bank, National Association.” Section 3. A list of those persons authorized to transact business relating to the account or accounts opened and maintained with the Bank is attached hereto as Exhibit “A. Depository Bank_ Trust Resolution 2017

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Section 4. Provisions of Resolution No. R-13-21, adopted on August 5, 2013, as amended by Resolution No. R-16-20, adopted on June 20, 2016, in conflict with this Resolution, shall remain in effect until the City Manager, or his designee, notifies Amegy Bank, in writing, that such provisions are rescinded or by September 30, 2017, whichever occurs first. Any and all other resolutions in conflict herewith are hereby repealed to the extent of such conflict. PASSED and APPROVED this 21st day of August, 2017.

______________________________ Allen Owen, Mayor ATTEST:

APPROVED AS TO FORM:

____________________________ Maria Jackson, City Secretary

__________________________ E. Joyce Iyamu, City Attorney

Depository Bank_ Trust Resolution 2017

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EXHIBIT “A”

Name Anthony Snipes

Title City Manager

Charles William Atkinson, Jr.

Assistant City Manager

Scott R. Elmer Edena Atmore

Assistant City Manager Director, Finance Department

RESOLUTION NO. R-17__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MISSOURI CITY, TEXAS, DESIGNATING CERTAIN OFFICIALS TO OPEN AND MAINTAIN AN ACCOUNT OR ACCOUNTS WITH WELLS FARGO BANK, NATIONAL ASSOCIATION; REPEALING ANY AND ALL RESOLUTIONS IN CONFLICT HEREWITH; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. *

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WHEREAS, the City Council of the City of Missouri City (the “City”), pursuant to Resolution No. R-17-20, adopted on August 21, 2017, designated Wells Fargo Bank, National Association (the “Bank”) as the depository for City funds; and WHEREAS, it is necessary to designate those City officials who have authority to act on behalf of the City in transacting business with the Bank; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MISSOURI CITY, TEXAS: Section 1. The facts and recitations set forth in the preamble of this Resolution are hereby found to be true and correct and are made a part hereof. Section 2. A list of those persons authorized to transact business relating to the account or accounts opened and maintained with the Bank is attached hereto as Exhibit “A.” Section 3. This Resolution shall remain in force and effect until Bank has received express written notice of its rescission or modification by a resolution duly adopted by the City Council of this City and certified by the City Secretary.

Signature Card_ Wells Fargo Resolution 2017

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Section 4. Resolution No. R-16-19, adopted on June 20, 2016, designating certain officials to open and maintain an account or accounts with Amegy Bank National Association shall remain in effect until the City Manager or his designee notifies same in writing that such resolutions are rescinded or by September 30, 2017, whichever occurs first. Any and all other resolutions in conflict herewith are hereby repealed to the extent of such conflict. PASSED and APPROVED this 21st day of August, 2017.

______________________________ Allen Owen, Mayor ATTEST:

APPROVED AS TO FORM:

____________________________ Maria Jackson, City Secretary

__________________________ E. Joyce Iyamu, City Attorney

Signature Card_ Wells Fargo Resolution 2017

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EXHIBIT “A” Name

Title

Allen Owen

Mayor

Floyd Emery

Mayor Pro Tem

Anthony Snipes

City Manager

Charles William Atkinson, Jr.

Assistant City Manager

Scott R. Elmer Edena Atmore

Assistant City Manager Director, Finance Department

DEPOSITORY BANK SERVICES AGREEMENT THIS DEPOSITORY BANK SERVICES AGREEMENT hereinafter called the “Agreement”, is made and entered into on the date last herein written by and between the City of Missouri City, Texas, hereinafter called the “City”, and Wells Fargo Bank, N.A., a banking association, organized under the law of the United States and authorized by law to do banking business in the State of Texas, hereinafter called the "Bank”, and provides as follows: 1. Designation of Depository. The City, through action of its City Council, hereby designates Bank as a primary depository bank for the period beginning October 1, 2017, and continuing through September 30, 2019 (“Initial Term”), unless otherwise terminated in accordance with the provisions hereof. This Agreement may be renewed for three (3) one-year extensions under the same terms and conditions of this Agreement. 2. General. All services rendered to City by Bank under this Agreement shall be performed in accordance with applicable laws, accepted commercial banking standards for public fund organizations and under the overall direction and instructions of City pursuant to Bank’s standard operations, policies, and procedures. 3. Scope of Services. Bank agrees to provide those services as described in the City of Missouri City, Texas Request for Application for Depository Bank Services released on April 20, 2017, hereinafter referred to as the “RFA,” incorporated herein by reference. Bank acknowledges that all Services performed by Bank are subject to the approval of City. 4. City Representatives. During the term of this Agreement, City will, through appropriate action of its City Council, designate the officer, or officers, who singly or jointly will be authorized to represent and act on behalf of City in any and all matters of every kind arising under this Agreement and to (a) appoint and designate, from time to time, a person or persons who may request withdrawals, orders for payment or transfer on behalf of City in accordance with this Agreement, and (b) make withdrawals or transfer by written instrument. 5. Custodian. City and Bank, by execution of this Agreement, hereby designate Bank of New York Mellon as custodian, hereinafter called “Custodian”, to hold in trust the collateral described and pledged by Bank in accordance with the terms and conditions of the Depository Pledge Agreement, attached hereto as Exhibit “A, and incorporated herein for all purposes. 6. Entire Agreement. The entire agreement between Bank and City shall consist of (1) this Agreement, (2) the RFA (except to the extent Bank took specific exceptions in the Bank’s response to the RFA), (3) Bank’s response to the RFA dated May 23, 2017, hereinafter referred to as the “Application,” and incorporated herein by reference, (4) the Depository Pledge Agreement, and (4) other such bank service agreements, policies and documents as may be required and approved by the parties, hereinafter referred to as “Service Agreements,” and incorporated herein by reference (together, the “Banking Agreements”), each incorporated herein for all purposes as they presently exist and each listed in governing order of precedence in the event of conflict among the documents. Should any conflict arise between the terms of two or more Banking Agreements, such Banking Agreements shall govern in the order set forth above. This Agreement supersedes any and all prior representations, statements, and agreements, whether written or oral. The terms and provisions of this Agreement may not be amended, altered, or waived except by mutual agreement evidenced by a written instrument signed by duly authorized representatives of both parties. Bank and City may from time to time enter into new Service Agreements with respect to specific treasury management services as are deemed necessary to further define the rights and duties of the Bank



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and City with regard to certain defined services, which may include authorization designations and codes, or such other covenants as required for the proper implementation of the Services. Such Service Agreements shall be added to and become a part of this Agreement, are subordinate to this Agreement, and should any conflict arise, the terms of this Agreement shall prevail. 7. Successors. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Whenever a reference is made herein to either party, such reference shall include the party’s successors and assigns. 8. Compensation. City and Bank agree that any compensation for the performance of all duties and services is set forth in the Application accepted by City. Except as may otherwise be provided in the Banking Agreements, said compensation shall constitute full payment for all services, liaison, products, materials, and equipment required to provide the professional banking services, including services, materials, training, equipment, travel, overhead, and expenses. Fees shall be fixed for the term of the Banking Agreements, including all extensions. 9. Consideration. The Banking Agreements are executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 10. Counterparts. The Banking Agreements may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. A facsimile signature will also be deemed to constitute an original if properly executed. 11. Authority to Execute. The individuals executing the Banking Agreements on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing the Banking Agreements to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute the Banking Agreements in order for the same to be an authorized and binding on the party for whom the individual is signing and that each individual affixing his or her signature hereto is authorized to do so. 12. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Fort Bend County shall be the venue for any dispute arising out of this Agreement. 13. Notices. Except as may otherwise be specified in the applicable Service Agreements, any demand, notice, request, instruction, designation, or other communication(s) required in writing under this Agreement shall be personally delivered or sent certified mail, return receipt requested, to the other party as follows:



Bank:

Orlando Saenz, Vice President Wells Fargo Bank, N.A. 14200 Gulf Freeway, 1st Floor Houston, Texas 77034

City:

Edena Atmore Director of Financial Services City of Missouri City 1522 Texas Parkway Missouri City, Texas 77489

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Changes to notice information may be made by either party with written notification to the other party. 14. Severability. If any provision of this Agreement is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the parties, shall, if possible, agree on a legal, valid, and enforceable substitute provision that is as similar in effect to the illegal, invalid, or unenforceable provision as possible. The remaining portion of the Agreement not declared illegal, invalid, or unenforceable shall remain valid and in full force and effect for the term remaining. 15. Binding Commitment. Bank hereby acknowledges itself duly and firmly bound for the faithful performance of all the duties and obligations required by applicable law, including the Government Code and Local Government Code, such that all funds deposited with it as depository shall be faithfully kept by it and accounted for according to law. 16. Continuation. Unless this Agreement is terminated sooner, Bank’s designation as the primary City Depository will remain continuously in effect through September 30, 2019 subject to execution of the extension options if applicable. 17. Indemnification and Release. During the term of this Agreement, Bank will indemnify, defend and hold harmless the City and its officers, directors, employees, agents and assigns (the “Indemnified Parties”) from and against all claims, losses, demands, liability, judgments, awards, interest, attorney's fees and costs (collectively, “Losses”) arising out of, resulting from or relating to the performance of the Services provided hereunder which are, in each case, directly caused in whole or in part by the negligent or intentional acts or omissions of Bank or any of its officers, directors, employees, agents, subcontractors or assigns, except to the extent such Losses are caused by the negligence or intentional misconduct of any Indemnified Party. In no event will Bank be liable for any indirect, special, consequential or punitive damages, whether or not the likelihood of such damages was known to Bank, and regardless of the form of the claim or action or the legal theory on which it is based. By entering into this Agreement, City does not waive its governmental immunity, any limitations as to damages under Texas law, or any other protection or immunity otherwise provided by law. 18. Termination. Either party may terminate this Agreement as to some or all of the Services, with or without cause, by giving 90 days prior notice to the other party, provided that this Agreement shall continue in effect and remain in full force and effect and shall be binding on Bank and its successors and assigns until such time, not to exceed ninety (90) days from the date of termination, as all City deposits have been paid in full to City or otherwise paid as instructed by City. 19. Default The Bank shall be in default if ruled “bankrupt,” “insolvent” or “failed” by a federal or state banking regulator, or if a receiver is appointed for the Bank.



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Executed by the undersigned duly authorized officers of the parties hereto:



CITY OF MISSOURI CITY, TEXAS

WELLS FARGO BANK, N.A.

By: _______________________ Name: Anthony J. Snipes Title: City Manager Date: ______________________

By: __________________________ Name: ________________________ Title: _________________________ Date: _________________________

ATTEST: By: _______________________ Name: _____________________ Title: ______________________

ATTEST: By: __________________________ Name: ________________________ Title: _________________________



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EXHIBIT "A" Government & Institutional Banking Public Funds Collateral Unit 333 Market Street 15th Floor A0109-150 San Francisco, CA 94105

August 14, 2017 City of Missouri City

Re: Collateralization of Public Funds Deposits Dear Wells Fargo Customer, Wells Fargo Bank enjoys a reputation for strength and security. We are dedicated to ensuring that your public funds deposits are collateralized as required by conforming to all applicable state and federal statutory requirements. Our Public Funds Collateral Unit team will work hard to know you, listen to you and provide seamless collateralization of your public funds deposits. On a daily basis, our Public Funds Collateral Unit will monitor your collected balances in deposit accounts maintained with our commercial and business banking offices, as well as cash and deposit balances held in certain trust agency and asset management custody accounts. We will pledge collateral to protect balances above FDIC coverage and Bank of New York Mellon will provide you with a Price Report showing the securities pledged monthly. Currently FDIC insures the deposits of governmental accounts on a per Official Custodian basis as follows: the aggregate balances in demand deposits accounts are insured up to $250,000 per Official Custodian and the aggregate balances in time and savings accounts are insured up to $250,000 per Official Custodian. Wells Fargo collateralizes uninsured balances by pledging securities from its investment portfolio. This portfolio consists primarily of investment grade securities. The market value of these securities is updated daily by an established third-party service that provides valuation services to many market participants. Enclosed are three (3) copies of the Depository Pledge Agreement (collateral agreement) covering deposits held at Wells Fargo Bank, N.A. for City of Missouri City. In accordance with the applicable federal law (12 U.S.C. 1823), this collateral agreement must be approved by the bank’s board of directors or loan committee; the approval must be reflected in the applicable meeting minutes; and the agreement must be an official record of the bank, continuously from the time of its execution. Please sign three (3) copies of the Depository Pledge Agreement and return all 3 originals to Public Funds Collateral Unit. The Depository Pledge Agreement will be forwarded to the custodian, Bank of New York Mellon for signature. The fully executed agreement will be submitted to the Wells Fargo Bank N.A.’s Board of Directors/Loan Committee for approval. A fully signed and executed original of the agreement and corporate resolution will be mailed to you upon completion.   

All Blue & Shaded areas on document MUST be completed for processing Please verify accuracy of all prefilled data in Blue Faxed copies are NOT accepted as Original Agreements

Upon receipt of the above signed documents, we will pledge collateral to protect your deposit balances above FDIC coverage. We hope this information regarding the documents required for collateralization is clear. If you have additional questions, please contact 877-479-6603. We look forward to serving you! Sincerely,

Sheila Lynch, PFA Manager

Wells Fargo Bank, N.A.

EXHIBIT "A" DEPOSITORY PLEDGE AGREEMENT 746029035

City of Missouri City (“Depositor”) has selected WELLS FARGO BANK, NATIONAL ASSOCIATION (“Bank”) as a depository for certain of its funds and Bank has agreed to act as the depository for those funds in accordance with applicable laws, which require that Bank secure the deposited funds, to the extent not insured by the Federal Deposit Insurance Corporation (“FDIC”), by pledging securities (“Eligible Securities”) of any type (including, without limitation, surety bonds and investment securities) permitted by the applicable provisions of Texas law in effect from time to time (the “Governing Statutes”). THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. (“Custodian”) has agreed to hold the pledged securities in safekeeping pursuant to the terms of this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants in this Agreement, Depositor, Bank and Custodian agree as follows: 1. Grant of Security Interest; Instructions Regarding Collateral. (a) Bank hereby grants to Depositor a security interest in all Eligible Securities transferred to a collateral account (the “Collateral Account”) established pursuant to this agreement (the “Collateral”). Custodian agrees to serve as collateral agent for Depositor, pursuant to the terms of this Agreement. For the avoidance of doubt, Custodian acknowledges and agrees that it does not have and will not acquire or assert at any time in the future, and hereby expressly waives, any lien upon, security interest in, setoff right or other right to charge the Collateral held in the collateral account for any obligation owed to Custodian by Bank or Depositor. Until Depositor has the right to compel sale of the Collateral under Section 7 hereof, Custodian may act in accordance with the instructions of Bank, including, without limitation, the right of Bank to unilaterally substitute Eligible Securities for the Collateral in accordance with Section 3 hereof. Addendum “A” contains the names and specimen signatures of individuals authorized to act on behalf of Depositor, and Addendum “B” contains the names and specimen signatures of individuals authorized to act on behalf of Bank. Either Depositor or Bank may add or remove authorized representatives without the consent of the other at any time by providing Custodian with a replacement addendum, duly executed by an authorized individual. In no event shall the Custodian be responsible for determining whether the pledged securities are “Eligible Securities”. (b) Bank, Depositor and Custodian agree that all Collateral delivered to or received by Custodian for deposit in the Collateral Account may be in the form of credits to the accounts of Custodian at a Securities Depository or by delivery to Custodian of physical certificates in a form suitable for transfer to Custodian or with an assignment in blank. Bank and Depositor hereby authorize Custodian to utilize such Securities Depositories and to hold such physical securities or any combination thereof in connection with its performance hereunder. Collateral credited to the Collateral Account and deposited in the Securities Depositories will be held, by book-entry notation, in accounts that include only assets held by Custodian or its agent(s) for third parties, including but not limited to accounts in which assets are held in a fiduciary, agency or representative capacity. Collateral that is not held in the Securities Depositories will be held in Custodian's vault and physically segregated from securities and other noncash property belonging to Custodian. As used herein, the term “Securities Depository” or “Securities Depositories” shall mean the Treasury/Reserve Automated Debt Entry System maintained at The Federal Reserve Bank of New York for receiving and delivering securities, The Depository Trust Company and any other clearing corporation within the meaning of Section 8-102 of the Uniform Commercial Code, as in effect from time to time. 2. Amount of Collateral. The aggregate market value of Collateral held by Custodian at all times during the term of this Agreement must be in an amount not less than one hundred and ten percent (110%) of (a) the amount of the collected funds on deposit, increased by (b) the amount of accrued but uncredited interest, (c) reduced by that portion of the funds insured by the FDIC. Such amount is hereinafter called the “Required Collateral Value”. In no event shall the Custodian be responsible for determining whether the Collateral Account contains the Required Collateral Value. 3. Substitutions and Withdrawals of Collateral. If the aggregate market value of Collateral held by Custodian at any time exceeds the Required Collateral Value, Bank may unilaterally withdraw any excess Collateral by providing Custodian with a withdrawal notice signed by an authorized representative of Bank, provided that after the withdrawal of any such excess Collateral, the remaining Collateral equals or exceeds the Required Collateral Value. Additionally, Bank may unilaterally substitute Eligible Securities for any of the Collateral held by Custodian at any time by providing Custodian with a substitution notice signed by an authorized representative of Bank, provided that the market value of the Collateral following such substitution would equal or exceed the Required Collateral Value. If Bank elects to require Depositor’s written consent on a notice in connection with any withdrawal or substitution which complies with this Section 3, Depositor agrees to provide it promptly upon Bank’s request. Custodian shall be entitled to rely on, and Bank and Depositor agree to hold Custodian harmless from, any actions

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EXHIBIT "A" taken pursuant to, and consistent with, the instructions given in a withdrawal or substitution notice under this Section 3, whether unilateral or not. 4. Bank’s Obligations. Bank shall perform all of the duties and obligations required of a depository under applicable law with respect to collateralization of the funds of Depositor on deposit with Bank, including the duties and obligations required under the Governing Statutes. At the expiration of the term of this Agreement, Bank shall turn over to any successor depository designated by Depositor all funds held by Bank as depository. Bank will furnish to Depositor a monthly statement listing a description of the Collateral. The statement will specify the par value, market value, and maturity date of each component of the Collateral. Upon request, Bank shall provide to Depositor a copy of Bank’s most recent publicly available quarterly or annual financial statement. 5. Custodian’s Obligations. (a) Custodian shall perform the duties and obligations required of Custodian hereunder, in accordance with the provisions of the Governing Statutes. Upon transfer by Custodian of Eligible Securities to the Collateral Account, including Eligible Securities substituted for other Collateral, Custodian shall promptly identify such Eligible Securities on its books and records as being Collateral held pursuant to this Agreement, and shall promptly issue and deliver to each of Bank and Depositor a duplicate receipt for such Collateral. For the avoidance of doubt, it is understood and agreed that such receipts may be combined to identify more than one transaction on any one business day and Custodian shall not be required to issue more than one such receipt to Bank and Depositor on any business day. Bank and Depositor agree that they shall promptly review all receipts delivered to them by Custodian and shall promptly advise Custodian of any error, omission or inaccuracy in such receipts. In the event that Custodian receives such an advice, Custodian shall promptly undertake to correct any errors, failures or omissions, provided that Custodian determines in its sole discretion that such error, failure or omission actually occurred and shall notify Bank and Depositor of its action concerning each such error, failure, or omission. (b) Depositor agrees that, with respect to all securities held in the Collateral Account, Custodian by itself, or through the use of the appropriate Securities Depository, shall, unless otherwise instructed to the contrary by Bank or as provided in Section 7 hereof: (i) collect all payments reflecting interest and principal on the securities in the Collateral Account; (ii) forward to Bank copies of all information or documents that it may receive from an issuer of securities which, in the opinion of Custodian, is intended for the beneficial owner of the securities including, without limitation all proxies and other authorizations properly executed and all proxy statements, notices and reports; (iii) execute, as Custodian, any certificates of ownership, affidavits, declarations or other certificates under any tax laws now or hereafter in effect in connection with the collection of bond and note coupons; (iv) hold directly, or through the Book Entry System or Depository, all rights issued with respect to any securities held by Custodian hereunder; and (v) upon receipt of written instructions from Bank, Custodian will exchange securities held hereunder for other securities and/or cash in connection with (A) any conversion privilege, reorganization, recapitalization, redemption in kind, consolidation, tender offer or exchange offer, or (B) any exercise, subscription, purchase or other similar rights; provided, however, such exchanged securities shall continue to be held by Custodian hereunder for the benefit of Depositor if such exchanged securities constitute Collateral. Upon receipt of payments reflecting principal and interest or dividends on the securities in the Collateral Account, Custodian shall transfer to Bank such principal and interest or dividend payments (either by credit to Bank’s custody account at Custodian or otherwise). (c) Custodian shall not be liable for any loss or damage, including counsel fees, resulting from its action or omission to act or otherwise, except for any loss or damage arising out of its own negligence or willful misconduct, and shall have no obligation hereunder for any loss or damage, including counsel fees, which are sustained or incurred by reason of any action or inaction by any Securities Depository, provided, however, that such loss or damage is not caused by the negligence or willful misconduct of Custodian. In no event shall Custodian be liable to Depositor, Bank or any third party for special, indirect or consequential damages, or lost profits or loss of business, arising in connection with this Agreement. Both Depositor, to the extent permitted by law, and Bank agree to indemnify Custodian and to hold it harmless against any and all costs, expenses, damages, liabilities or claims, including reasonable fees and expenses of counsel, which Custodian may sustain or incur with respect to any third party claim or which may be asserted by a third party against Custodian by reason of or as a result of any action taken or omitted by Custodian in connection with operating under this Agreement, except those costs, expenses, damages, liabilities or claims arising out of the negligence or willful misconduct of Custodian or any of its employees or duly appointed agents. This indemnity shall be a continuing obligation of Depositor and Bank notwithstanding the termination of this Agreement. (d) Custodian may, with respect to questions of law specifically regarding the Collateral Account, obtain the advice of reputable legal counsel and shall be fully protected with respect to anything done or omitted by it reasonably and in good faith and without negligence, willful misconduct, bad faith or fraud in conformity with such

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EXHIBIT "A" advice, provided, however, that nothing contained in this paragraph (d) shall be deemed to relieve Custodian of any of its obligations pursuant to any other provision of this Agreement. (e) Custodian shall not be responsible for, or considered to be custodian of, any securities received by it for deposit in the Collateral Account until Custodian actually receives and collects such securities directly or by the final crediting of Custodian's account on the books of the appropriate Securities Depository. Custodian will be entitled to reverse any provisional credits to the Collateral Account that were made in anticipation of the receipt of securities or cash which were not subsequently received by Custodian. (f) Custodian shall have no duties or responsibilities whatsoever except such duties and responsibilities as are specifically set forth in this Agreement and no covenant or obligation shall be implied against Custodian in connection with this Agreement. (g) In performing hereunder, Custodian may enter into subcontracts, agreements and understandings with third parties whenever and on such terms and conditions as it deems necessary or appropriate and which are consistent with applicable law. If any of such subcontracts, agreements, or understandings with third parties are for the deposit of Eligible Collateral for the benefit of Depositor, (i) such third party will qualify as a “permitted institution” pursuant to the Texas Public Funds Collateral Act, (ii) Custodian shall cause such third party to provide records to Custodian evidencing the deposit of Eligible Collateral with such third party, and (iii) records of the third party relating to such Eligible Collateral will at all times state the name of Custodian. No such subcontract, agreement or understanding shall discharge Custodian from its obligations hereunder. 6. Custodian’s Reliance on Pricing Services. The Custodian is authorized to utilize one or more generally recognized pricing information services (including brokers and dealers of securities) in order to provide market values hereunder, and Bank and Depositor agree that Custodian shall not be liable for any loss, damage, expense, liability or claim (including attorneys’ fees) incurred as a result of errors or omissions of any such pricing information service, broker or dealer. 7. Default and Remedies. If Bank defaults in performing its obligations under Section 4 above, or if Bank is declared insolvent, or if a receiver is appointed for Bank, Depositor may, after providing Bank at least three (3) business days prior written notice and opportunity to cure the default, and, if Bank fails to cure the default within such (3) business day period, instruct Custodian to transfer the Collateral or any part thereof to a broker-dealer for disposition in accordance with Depositor’s instructions at a public or private sale. The proceeds of any such sale shall be applied to satisfy any indebtedness owed by Bank to Depositor, and any excess proceeds shall be returned to Bank. Depositor will also have any other remedies available under applicable law. The Custodian shall be entitled to rely on and shall be held harmless from acts taken in accordance with such instructions from Depositor. 8. Termination of Agreement. Any party to this Agreement may terminate this Agreement by giving thirty (30) days prior written notice of termination to the other parties. 9. Applicable Law; Other Agreements. This Agreement is governed by the laws of the State of Texas. All deposit accounts of Depositor will be subject to Bank’s Commercial Account Agreement, Business Account Agreement, or other applicable deposit account agreement, as in effect from time to time. 10. Force Majeure. Custodian shall not be responsible or liable for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including without limitation, acts of God, earthquakes, fires, floods, wars, civil or military disturbances, sabotage, epidemics, riots, loss or malfunctions of utilities, computer (hardware or software) or communications service, labor disputes, acts of civil or military authority, or governmental, judicial or regulatory action; provided however, that Custodian shall use its best efforts to resume normal performance as soon as practicable under the circumstances. 11. Jury Trial Waiver. EACH OF BANK, DEPOSITOR AND CUSTODIAN HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHTS TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. 12. Miscellaneous. The headings in this agreement are for convenience of reference only and should not be used in interpreting this Agreement. If any provision of this agreement is illegal or unenforceable under applicable law, that provision should be deemed reformed so as to be enforceable to the extent permitted by applicable law, or if that is not possible, then this Agreement should be read as if that provision was never a part of it, and the remainder of the Agreement will be enforceable. THIS AGREEMENT REPRESENTS THE FINAL

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EXHIBIT "A" AGREEMENT OF THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO ORAL AGREEMENTS OF THE PARTIES. Notices given under this Agreement must be addressed as set forth below the signature of each party, and will be effective upon actual receipt by the addressee or upon refusal of delivery during the normal business hours of the addressee. To the extent that in any jurisdiction any party may now or hereafter be entitled to claim, for itself or its assets, immunity from suit, execution, attachment (before or after judgment) or other legal process, each party irrevocably agrees, to the extent permitted by law, not to claim, and it hereby waives, such immunity in connection with this Agreement.

Date of Agreement: ____________________, 20_____. DEPOSITOR: City of Missouri City

CUSTODIAN: THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A.

Signature: Print Name:

Signature: Print Name:

Title:

Title:

Address:

Address:

C/O The Bank of New York Mellon th 101 Barclay Street, 4 Floor New York, NY 10286 Attn: Markets- Collateral Manager

BANK: WELLS FARGO BANK, NATIONAL ASSOCIATION

Signature: Print Name: Title: Address:

Sheila Lynch Vice President 333 Market Street St.15th Floor, MAC: A0109-150 San Francisco, CA 94105

DepPldgAgmt-TX-BNY-2006(0519)

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EXHIBIT "A" ADDENDUM “A” (Authorized Officers of Depositor)

One signature of any of the following authorized officers of Depositor is required to authorize actions to be taken pursuant to the foregoing Depository Pledge Agreement. Individual who signs page 4 must also sign below.

1.

Print Name:

Signature:

Email:

Phone: Fax:

2.

Print Name:

Signature:

Email:

Phone: Fax:

3.

Print Name:

Signature:

Email:

Phone: Fax:

4.

Print Name:

Signature:

Email:

Phone: Fax:

-5-

EXHIBIT "A" DEPOSITORY PLEDGE AGREEMENT 746029035

City of Missouri City (“Depositor”) has selected WELLS FARGO BANK, NATIONAL ASSOCIATION (“Bank”) as a depository for certain of its funds and Bank has agreed to act as the depository for those funds in accordance with applicable laws, which require that Bank secure the deposited funds, to the extent not insured by the Federal Deposit Insurance Corporation (“FDIC”), by pledging securities (“Eligible Securities”) of any type (including, without limitation, surety bonds and investment securities) permitted by the applicable provisions of Texas law in effect from time to time (the “Governing Statutes”). THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. (“Custodian”) has agreed to hold the pledged securities in safekeeping pursuant to the terms of this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants in this Agreement, Depositor, Bank and Custodian agree as follows: 1. Grant of Security Interest; Instructions Regarding Collateral. (a) Bank hereby grants to Depositor a security interest in all Eligible Securities transferred to a collateral account (the “Collateral Account”) established pursuant to this agreement (the “Collateral”). Custodian agrees to serve as collateral agent for Depositor, pursuant to the terms of this Agreement. For the avoidance of doubt, Custodian acknowledges and agrees that it does not have and will not acquire or assert at any time in the future, and hereby expressly waives, any lien upon, security interest in, setoff right or other right to charge the Collateral held in the collateral account for any obligation owed to Custodian by Bank or Depositor. Until Depositor has the right to compel sale of the Collateral under Section 7 hereof, Custodian may act in accordance with the instructions of Bank, including, without limitation, the right of Bank to unilaterally substitute Eligible Securities for the Collateral in accordance with Section 3 hereof. Addendum “A” contains the names and specimen signatures of individuals authorized to act on behalf of Depositor, and Addendum “B” contains the names and specimen signatures of individuals authorized to act on behalf of Bank. Either Depositor or Bank may add or remove authorized representatives without the consent of the other at any time by providing Custodian with a replacement addendum, duly executed by an authorized individual. In no event shall the Custodian be responsible for determining whether the pledged securities are “Eligible Securities”. (b) Bank, Depositor and Custodian agree that all Collateral delivered to or received by Custodian for deposit in the Collateral Account may be in the form of credits to the accounts of Custodian at a Securities Depository or by delivery to Custodian of physical certificates in a form suitable for transfer to Custodian or with an assignment in blank. Bank and Depositor hereby authorize Custodian to utilize such Securities Depositories and to hold such physical securities or any combination thereof in connection with its performance hereunder. Collateral credited to the Collateral Account and deposited in the Securities Depositories will be held, by book-entry notation, in accounts that include only assets held by Custodian or its agent(s) for third parties, including but not limited to accounts in which assets are held in a fiduciary, agency or representative capacity. Collateral that is not held in the Securities Depositories will be held in Custodian's vault and physically segregated from securities and other noncash property belonging to Custodian. As used herein, the term “Securities Depository” or “Securities Depositories” shall mean the Treasury/Reserve Automated Debt Entry System maintained at The Federal Reserve Bank of New York for receiving and delivering securities, The Depository Trust Company and any other clearing corporation within the meaning of Section 8-102 of the Uniform Commercial Code, as in effect from time to time. 2. Amount of Collateral. The aggregate market value of Collateral held by Custodian at all times during the term of this Agreement must be in an amount not less than one hundred and ten percent (110%) of (a) the amount of the collected funds on deposit, increased by (b) the amount of accrued but uncredited interest, (c) reduced by that portion of the funds insured by the FDIC. Such amount is hereinafter called the “Required Collateral Value”. In no event shall the Custodian be responsible for determining whether the Collateral Account contains the Required Collateral Value. 3. Substitutions and Withdrawals of Collateral. If the aggregate market value of Collateral held by Custodian at any time exceeds the Required Collateral Value, Bank may unilaterally withdraw any excess Collateral by providing Custodian with a withdrawal notice signed by an authorized representative of Bank, provided that after the withdrawal of any such excess Collateral, the remaining Collateral equals or exceeds the Required Collateral Value. Additionally, Bank may unilaterally substitute Eligible Securities for any of the Collateral held by Custodian at any time by providing Custodian with a substitution notice signed by an authorized representative of Bank, provided that the market value of the Collateral following such substitution would equal or exceed the Required Collateral Value. If Bank elects to require Depositor’s written consent on a notice in connection with any withdrawal or substitution which complies with this Section 3, Depositor agrees to provide it promptly upon Bank’s request. Custodian shall be entitled to rely on, and Bank and Depositor agree to hold Custodian harmless from, any actions

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EXHIBIT "A" taken pursuant to, and consistent with, the instructions given in a withdrawal or substitution notice under this Section 3, whether unilateral or not. 4. Bank’s Obligations. Bank shall perform all of the duties and obligations required of a depository under applicable law with respect to collateralization of the funds of Depositor on deposit with Bank, including the duties and obligations required under the Governing Statutes. At the expiration of the term of this Agreement, Bank shall turn over to any successor depository designated by Depositor all funds held by Bank as depository. Bank will furnish to Depositor a monthly statement listing a description of the Collateral. The statement will specify the par value, market value, and maturity date of each component of the Collateral. Upon request, Bank shall provide to Depositor a copy of Bank’s most recent publicly available quarterly or annual financial statement. 5. Custodian’s Obligations. (a) Custodian shall perform the duties and obligations required of Custodian hereunder, in accordance with the provisions of the Governing Statutes. Upon transfer by Custodian of Eligible Securities to the Collateral Account, including Eligible Securities substituted for other Collateral, Custodian shall promptly identify such Eligible Securities on its books and records as being Collateral held pursuant to this Agreement, and shall promptly issue and deliver to each of Bank and Depositor a duplicate receipt for such Collateral. For the avoidance of doubt, it is understood and agreed that such receipts may be combined to identify more than one transaction on any one business day and Custodian shall not be required to issue more than one such receipt to Bank and Depositor on any business day. Bank and Depositor agree that they shall promptly review all receipts delivered to them by Custodian and shall promptly advise Custodian of any error, omission or inaccuracy in such receipts. In the event that Custodian receives such an advice, Custodian shall promptly undertake to correct any errors, failures or omissions, provided that Custodian determines in its sole discretion that such error, failure or omission actually occurred and shall notify Bank and Depositor of its action concerning each such error, failure, or omission. (b) Depositor agrees that, with respect to all securities held in the Collateral Account, Custodian by itself, or through the use of the appropriate Securities Depository, shall, unless otherwise instructed to the contrary by Bank or as provided in Section 7 hereof: (i) collect all payments reflecting interest and principal on the securities in the Collateral Account; (ii) forward to Bank copies of all information or documents that it may receive from an issuer of securities which, in the opinion of Custodian, is intended for the beneficial owner of the securities including, without limitation all proxies and other authorizations properly executed and all proxy statements, notices and reports; (iii) execute, as Custodian, any certificates of ownership, affidavits, declarations or other certificates under any tax laws now or hereafter in effect in connection with the collection of bond and note coupons; (iv) hold directly, or through the Book Entry System or Depository, all rights issued with respect to any securities held by Custodian hereunder; and (v) upon receipt of written instructions from Bank, Custodian will exchange securities held hereunder for other securities and/or cash in connection with (A) any conversion privilege, reorganization, recapitalization, redemption in kind, consolidation, tender offer or exchange offer, or (B) any exercise, subscription, purchase or other similar rights; provided, however, such exchanged securities shall continue to be held by Custodian hereunder for the benefit of Depositor if such exchanged securities constitute Collateral. Upon receipt of payments reflecting principal and interest or dividends on the securities in the Collateral Account, Custodian shall transfer to Bank such principal and interest or dividend payments (either by credit to Bank’s custody account at Custodian or otherwise). (c) Custodian shall not be liable for any loss or damage, including counsel fees, resulting from its action or omission to act or otherwise, except for any loss or damage arising out of its own negligence or willful misconduct, and shall have no obligation hereunder for any loss or damage, including counsel fees, which are sustained or incurred by reason of any action or inaction by any Securities Depository, provided, however, that such loss or damage is not caused by the negligence or willful misconduct of Custodian. In no event shall Custodian be liable to Depositor, Bank or any third party for special, indirect or consequential damages, or lost profits or loss of business, arising in connection with this Agreement. Both Depositor, to the extent permitted by law, and Bank agree to indemnify Custodian and to hold it harmless against any and all costs, expenses, damages, liabilities or claims, including reasonable fees and expenses of counsel, which Custodian may sustain or incur with respect to any third party claim or which may be asserted by a third party against Custodian by reason of or as a result of any action taken or omitted by Custodian in connection with operating under this Agreement, except those costs, expenses, damages, liabilities or claims arising out of the negligence or willful misconduct of Custodian or any of its employees or duly appointed agents. This indemnity shall be a continuing obligation of Depositor and Bank notwithstanding the termination of this Agreement. (d) Custodian may, with respect to questions of law specifically regarding the Collateral Account, obtain the advice of reputable legal counsel and shall be fully protected with respect to anything done or omitted by it reasonably and in good faith and without negligence, willful misconduct, bad faith or fraud in conformity with such

-2-

EXHIBIT "A" advice, provided, however, that nothing contained in this paragraph (d) shall be deemed to relieve Custodian of any of its obligations pursuant to any other provision of this Agreement. (e) Custodian shall not be responsible for, or considered to be custodian of, any securities received by it for deposit in the Collateral Account until Custodian actually receives and collects such securities directly or by the final crediting of Custodian's account on the books of the appropriate Securities Depository. Custodian will be entitled to reverse any provisional credits to the Collateral Account that were made in anticipation of the receipt of securities or cash which were not subsequently received by Custodian. (f) Custodian shall have no duties or responsibilities whatsoever except such duties and responsibilities as are specifically set forth in this Agreement and no covenant or obligation shall be implied against Custodian in connection with this Agreement. (g) In performing hereunder, Custodian may enter into subcontracts, agreements and understandings with third parties whenever and on such terms and conditions as it deems necessary or appropriate and which are consistent with applicable law. If any of such subcontracts, agreements, or understandings with third parties are for the deposit of Eligible Collateral for the benefit of Depositor, (i) such third party will qualify as a “permitted institution” pursuant to the Texas Public Funds Collateral Act, (ii) Custodian shall cause such third party to provide records to Custodian evidencing the deposit of Eligible Collateral with such third party, and (iii) records of the third party relating to such Eligible Collateral will at all times state the name of Custodian. No such subcontract, agreement or understanding shall discharge Custodian from its obligations hereunder. 6. Custodian’s Reliance on Pricing Services. The Custodian is authorized to utilize one or more generally recognized pricing information services (including brokers and dealers of securities) in order to provide market values hereunder, and Bank and Depositor agree that Custodian shall not be liable for any loss, damage, expense, liability or claim (including attorneys’ fees) incurred as a result of errors or omissions of any such pricing information service, broker or dealer. 7. Default and Remedies. If Bank defaults in performing its obligations under Section 4 above, or if Bank is declared insolvent, or if a receiver is appointed for Bank, Depositor may, after providing Bank at least three (3) business days prior written notice and opportunity to cure the default, and, if Bank fails to cure the default within such (3) business day period, instruct Custodian to transfer the Collateral or any part thereof to a broker-dealer for disposition in accordance with Depositor’s instructions at a public or private sale. The proceeds of any such sale shall be applied to satisfy any indebtedness owed by Bank to Depositor, and any excess proceeds shall be returned to Bank. Depositor will also have any other remedies available under applicable law. The Custodian shall be entitled to rely on and shall be held harmless from acts taken in accordance with such instructions from Depositor. 8. Termination of Agreement. Any party to this Agreement may terminate this Agreement by giving thirty (30) days prior written notice of termination to the other parties. 9. Applicable Law; Other Agreements. This Agreement is governed by the laws of the State of Texas. All deposit accounts of Depositor will be subject to Bank’s Commercial Account Agreement, Business Account Agreement, or other applicable deposit account agreement, as in effect from time to time. 10. Force Majeure. Custodian shall not be responsible or liable for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including without limitation, acts of God, earthquakes, fires, floods, wars, civil or military disturbances, sabotage, epidemics, riots, loss or malfunctions of utilities, computer (hardware or software) or communications service, labor disputes, acts of civil or military authority, or governmental, judicial or regulatory action; provided however, that Custodian shall use its best efforts to resume normal performance as soon as practicable under the circumstances. 11. Jury Trial Waiver. EACH OF BANK, DEPOSITOR AND CUSTODIAN HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHTS TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. 12. Miscellaneous. The headings in this agreement are for convenience of reference only and should not be used in interpreting this Agreement. If any provision of this agreement is illegal or unenforceable under applicable law, that provision should be deemed reformed so as to be enforceable to the extent permitted by applicable law, or if that is not possible, then this Agreement should be read as if that provision was never a part of it, and the remainder of the Agreement will be enforceable. THIS AGREEMENT REPRESENTS THE FINAL

-3-

EXHIBIT "A" AGREEMENT OF THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO ORAL AGREEMENTS OF THE PARTIES. Notices given under this Agreement must be addressed as set forth below the signature of each party, and will be effective upon actual receipt by the addressee or upon refusal of delivery during the normal business hours of the addressee. To the extent that in any jurisdiction any party may now or hereafter be entitled to claim, for itself or its assets, immunity from suit, execution, attachment (before or after judgment) or other legal process, each party irrevocably agrees, to the extent permitted by law, not to claim, and it hereby waives, such immunity in connection with this Agreement.

Date of Agreement: ____________________, 20_____. DEPOSITOR: City of Missouri City

CUSTODIAN: THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A.

Signature: Print Name:

Signature: Print Name:

Title:

Title:

Address:

Address:

C/O The Bank of New York Mellon th 101 Barclay Street, 4 Floor New York, NY 10286 Attn: Markets- Collateral Manager

BANK: WELLS FARGO BANK, NATIONAL ASSOCIATION

Signature: Print Name: Title: Address:

Sheila Lynch Vice President 333 Market Street St.15th Floor, MAC: A0109-150 San Francisco, CA 94105

DepPldgAgmt-TX-BNY-2006(0519)

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EXHIBIT "A" ADDENDUM “A” (Authorized Officers of Depositor)

One signature of any of the following authorized officers of Depositor is required to authorize actions to be taken pursuant to the foregoing Depository Pledge Agreement. Individual who signs page 4 must also sign below.

1.

Print Name:

Signature:

Email:

Phone: Fax:

2.

Print Name:

Signature:

Email:

Phone: Fax:

3.

Print Name:

Signature:

Email:

Phone: Fax:

4.

Print Name:

Signature:

Email:

Phone: Fax:

-5-

EXHIBIT "A" DEPOSITORY PLEDGE AGREEMENT 746029035

City of Missouri City (“Depositor”) has selected WELLS FARGO BANK, NATIONAL ASSOCIATION (“Bank”) as a depository for certain of its funds and Bank has agreed to act as the depository for those funds in accordance with applicable laws, which require that Bank secure the deposited funds, to the extent not insured by the Federal Deposit Insurance Corporation (“FDIC”), by pledging securities (“Eligible Securities”) of any type (including, without limitation, surety bonds and investment securities) permitted by the applicable provisions of Texas law in effect from time to time (the “Governing Statutes”). THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. (“Custodian”) has agreed to hold the pledged securities in safekeeping pursuant to the terms of this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants in this Agreement, Depositor, Bank and Custodian agree as follows: 1. Grant of Security Interest; Instructions Regarding Collateral. (a) Bank hereby grants to Depositor a security interest in all Eligible Securities transferred to a collateral account (the “Collateral Account”) established pursuant to this agreement (the “Collateral”). Custodian agrees to serve as collateral agent for Depositor, pursuant to the terms of this Agreement. For the avoidance of doubt, Custodian acknowledges and agrees that it does not have and will not acquire or assert at any time in the future, and hereby expressly waives, any lien upon, security interest in, setoff right or other right to charge the Collateral held in the collateral account for any obligation owed to Custodian by Bank or Depositor. Until Depositor has the right to compel sale of the Collateral under Section 7 hereof, Custodian may act in accordance with the instructions of Bank, including, without limitation, the right of Bank to unilaterally substitute Eligible Securities for the Collateral in accordance with Section 3 hereof. Addendum “A” contains the names and specimen signatures of individuals authorized to act on behalf of Depositor, and Addendum “B” contains the names and specimen signatures of individuals authorized to act on behalf of Bank. Either Depositor or Bank may add or remove authorized representatives without the consent of the other at any time by providing Custodian with a replacement addendum, duly executed by an authorized individual. In no event shall the Custodian be responsible for determining whether the pledged securities are “Eligible Securities”. (b) Bank, Depositor and Custodian agree that all Collateral delivered to or received by Custodian for deposit in the Collateral Account may be in the form of credits to the accounts of Custodian at a Securities Depository or by delivery to Custodian of physical certificates in a form suitable for transfer to Custodian or with an assignment in blank. Bank and Depositor hereby authorize Custodian to utilize such Securities Depositories and to hold such physical securities or any combination thereof in connection with its performance hereunder. Collateral credited to the Collateral Account and deposited in the Securities Depositories will be held, by book-entry notation, in accounts that include only assets held by Custodian or its agent(s) for third parties, including but not limited to accounts in which assets are held in a fiduciary, agency or representative capacity. Collateral that is not held in the Securities Depositories will be held in Custodian's vault and physically segregated from securities and other noncash property belonging to Custodian. As used herein, the term “Securities Depository” or “Securities Depositories” shall mean the Treasury/Reserve Automated Debt Entry System maintained at The Federal Reserve Bank of New York for receiving and delivering securities, The Depository Trust Company and any other clearing corporation within the meaning of Section 8-102 of the Uniform Commercial Code, as in effect from time to time. 2. Amount of Collateral. The aggregate market value of Collateral held by Custodian at all times during the term of this Agreement must be in an amount not less than one hundred and ten percent (110%) of (a) the amount of the collected funds on deposit, increased by (b) the amount of accrued but uncredited interest, (c) reduced by that portion of the funds insured by the FDIC. Such amount is hereinafter called the “Required Collateral Value”. In no event shall the Custodian be responsible for determining whether the Collateral Account contains the Required Collateral Value. 3. Substitutions and Withdrawals of Collateral. If the aggregate market value of Collateral held by Custodian at any time exceeds the Required Collateral Value, Bank may unilaterally withdraw any excess Collateral by providing Custodian with a withdrawal notice signed by an authorized representative of Bank, provided that after the withdrawal of any such excess Collateral, the remaining Collateral equals or exceeds the Required Collateral Value. Additionally, Bank may unilaterally substitute Eligible Securities for any of the Collateral held by Custodian at any time by providing Custodian with a substitution notice signed by an authorized representative of Bank, provided that the market value of the Collateral following such substitution would equal or exceed the Required Collateral Value. If Bank elects to require Depositor’s written consent on a notice in connection with any withdrawal or substitution which complies with this Section 3, Depositor agrees to provide it promptly upon Bank’s request. Custodian shall be entitled to rely on, and Bank and Depositor agree to hold Custodian harmless from, any actions

-1-

EXHIBIT "A" taken pursuant to, and consistent with, the instructions given in a withdrawal or substitution notice under this Section 3, whether unilateral or not. 4. Bank’s Obligations. Bank shall perform all of the duties and obligations required of a depository under applicable law with respect to collateralization of the funds of Depositor on deposit with Bank, including the duties and obligations required under the Governing Statutes. At the expiration of the term of this Agreement, Bank shall turn over to any successor depository designated by Depositor all funds held by Bank as depository. Bank will furnish to Depositor a monthly statement listing a description of the Collateral. The statement will specify the par value, market value, and maturity date of each component of the Collateral. Upon request, Bank shall provide to Depositor a copy of Bank’s most recent publicly available quarterly or annual financial statement. 5. Custodian’s Obligations. (a) Custodian shall perform the duties and obligations required of Custodian hereunder, in accordance with the provisions of the Governing Statutes. Upon transfer by Custodian of Eligible Securities to the Collateral Account, including Eligible Securities substituted for other Collateral, Custodian shall promptly identify such Eligible Securities on its books and records as being Collateral held pursuant to this Agreement, and shall promptly issue and deliver to each of Bank and Depositor a duplicate receipt for such Collateral. For the avoidance of doubt, it is understood and agreed that such receipts may be combined to identify more than one transaction on any one business day and Custodian shall not be required to issue more than one such receipt to Bank and Depositor on any business day. Bank and Depositor agree that they shall promptly review all receipts delivered to them by Custodian and shall promptly advise Custodian of any error, omission or inaccuracy in such receipts. In the event that Custodian receives such an advice, Custodian shall promptly undertake to correct any errors, failures or omissions, provided that Custodian determines in its sole discretion that such error, failure or omission actually occurred and shall notify Bank and Depositor of its action concerning each such error, failure, or omission. (b) Depositor agrees that, with respect to all securities held in the Collateral Account, Custodian by itself, or through the use of the appropriate Securities Depository, shall, unless otherwise instructed to the contrary by Bank or as provided in Section 7 hereof: (i) collect all payments reflecting interest and principal on the securities in the Collateral Account; (ii) forward to Bank copies of all information or documents that it may receive from an issuer of securities which, in the opinion of Custodian, is intended for the beneficial owner of the securities including, without limitation all proxies and other authorizations properly executed and all proxy statements, notices and reports; (iii) execute, as Custodian, any certificates of ownership, affidavits, declarations or other certificates under any tax laws now or hereafter in effect in connection with the collection of bond and note coupons; (iv) hold directly, or through the Book Entry System or Depository, all rights issued with respect to any securities held by Custodian hereunder; and (v) upon receipt of written instructions from Bank, Custodian will exchange securities held hereunder for other securities and/or cash in connection with (A) any conversion privilege, reorganization, recapitalization, redemption in kind, consolidation, tender offer or exchange offer, or (B) any exercise, subscription, purchase or other similar rights; provided, however, such exchanged securities shall continue to be held by Custodian hereunder for the benefit of Depositor if such exchanged securities constitute Collateral. Upon receipt of payments reflecting principal and interest or dividends on the securities in the Collateral Account, Custodian shall transfer to Bank such principal and interest or dividend payments (either by credit to Bank’s custody account at Custodian or otherwise). (c) Custodian shall not be liable for any loss or damage, including counsel fees, resulting from its action or omission to act or otherwise, except for any loss or damage arising out of its own negligence or willful misconduct, and shall have no obligation hereunder for any loss or damage, including counsel fees, which are sustained or incurred by reason of any action or inaction by any Securities Depository, provided, however, that such loss or damage is not caused by the negligence or willful misconduct of Custodian. In no event shall Custodian be liable to Depositor, Bank or any third party for special, indirect or consequential damages, or lost profits or loss of business, arising in connection with this Agreement. Both Depositor, to the extent permitted by law, and Bank agree to indemnify Custodian and to hold it harmless against any and all costs, expenses, damages, liabilities or claims, including reasonable fees and expenses of counsel, which Custodian may sustain or incur with respect to any third party claim or which may be asserted by a third party against Custodian by reason of or as a result of any action taken or omitted by Custodian in connection with operating under this Agreement, except those costs, expenses, damages, liabilities or claims arising out of the negligence or willful misconduct of Custodian or any of its employees or duly appointed agents. This indemnity shall be a continuing obligation of Depositor and Bank notwithstanding the termination of this Agreement. (d) Custodian may, with respect to questions of law specifically regarding the Collateral Account, obtain the advice of reputable legal counsel and shall be fully protected with respect to anything done or omitted by it reasonably and in good faith and without negligence, willful misconduct, bad faith or fraud in conformity with such

-2-

EXHIBIT "A" advice, provided, however, that nothing contained in this paragraph (d) shall be deemed to relieve Custodian of any of its obligations pursuant to any other provision of this Agreement. (e) Custodian shall not be responsible for, or considered to be custodian of, any securities received by it for deposit in the Collateral Account until Custodian actually receives and collects such securities directly or by the final crediting of Custodian's account on the books of the appropriate Securities Depository. Custodian will be entitled to reverse any provisional credits to the Collateral Account that were made in anticipation of the receipt of securities or cash which were not subsequently received by Custodian. (f) Custodian shall have no duties or responsibilities whatsoever except such duties and responsibilities as are specifically set forth in this Agreement and no covenant or obligation shall be implied against Custodian in connection with this Agreement. (g) In performing hereunder, Custodian may enter into subcontracts, agreements and understandings with third parties whenever and on such terms and conditions as it deems necessary or appropriate and which are consistent with applicable law. If any of such subcontracts, agreements, or understandings with third parties are for the deposit of Eligible Collateral for the benefit of Depositor, (i) such third party will qualify as a “permitted institution” pursuant to the Texas Public Funds Collateral Act, (ii) Custodian shall cause such third party to provide records to Custodian evidencing the deposit of Eligible Collateral with such third party, and (iii) records of the third party relating to such Eligible Collateral will at all times state the name of Custodian. No such subcontract, agreement or understanding shall discharge Custodian from its obligations hereunder. 6. Custodian’s Reliance on Pricing Services. The Custodian is authorized to utilize one or more generally recognized pricing information services (including brokers and dealers of securities) in order to provide market values hereunder, and Bank and Depositor agree that Custodian shall not be liable for any loss, damage, expense, liability or claim (including attorneys’ fees) incurred as a result of errors or omissions of any such pricing information service, broker or dealer. 7. Default and Remedies. If Bank defaults in performing its obligations under Section 4 above, or if Bank is declared insolvent, or if a receiver is appointed for Bank, Depositor may, after providing Bank at least three (3) business days prior written notice and opportunity to cure the default, and, if Bank fails to cure the default within such (3) business day period, instruct Custodian to transfer the Collateral or any part thereof to a broker-dealer for disposition in accordance with Depositor’s instructions at a public or private sale. The proceeds of any such sale shall be applied to satisfy any indebtedness owed by Bank to Depositor, and any excess proceeds shall be returned to Bank. Depositor will also have any other remedies available under applicable law. The Custodian shall be entitled to rely on and shall be held harmless from acts taken in accordance with such instructions from Depositor. 8. Termination of Agreement. Any party to this Agreement may terminate this Agreement by giving thirty (30) days prior written notice of termination to the other parties. 9. Applicable Law; Other Agreements. This Agreement is governed by the laws of the State of Texas. All deposit accounts of Depositor will be subject to Bank’s Commercial Account Agreement, Business Account Agreement, or other applicable deposit account agreement, as in effect from time to time. 10. Force Majeure. Custodian shall not be responsible or liable for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including without limitation, acts of God, earthquakes, fires, floods, wars, civil or military disturbances, sabotage, epidemics, riots, loss or malfunctions of utilities, computer (hardware or software) or communications service, labor disputes, acts of civil or military authority, or governmental, judicial or regulatory action; provided however, that Custodian shall use its best efforts to resume normal performance as soon as practicable under the circumstances. 11. Jury Trial Waiver. EACH OF BANK, DEPOSITOR AND CUSTODIAN HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHTS TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. 12. Miscellaneous. The headings in this agreement are for convenience of reference only and should not be used in interpreting this Agreement. If any provision of this agreement is illegal or unenforceable under applicable law, that provision should be deemed reformed so as to be enforceable to the extent permitted by applicable law, or if that is not possible, then this Agreement should be read as if that provision was never a part of it, and the remainder of the Agreement will be enforceable. THIS AGREEMENT REPRESENTS THE FINAL

-3-

EXHIBIT "A" AGREEMENT OF THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO ORAL AGREEMENTS OF THE PARTIES. Notices given under this Agreement must be addressed as set forth below the signature of each party, and will be effective upon actual receipt by the addressee or upon refusal of delivery during the normal business hours of the addressee. To the extent that in any jurisdiction any party may now or hereafter be entitled to claim, for itself or its assets, immunity from suit, execution, attachment (before or after judgment) or other legal process, each party irrevocably agrees, to the extent permitted by law, not to claim, and it hereby waives, such immunity in connection with this Agreement.

Date of Agreement: ____________________, 20_____. DEPOSITOR: City of Missouri City

CUSTODIAN: THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A.

Signature: Print Name:

Signature: Print Name:

Title:

Title:

Address:

Address:

C/O The Bank of New York Mellon th 101 Barclay Street, 4 Floor New York, NY 10286 Attn: Markets- Collateral Manager

BANK: WELLS FARGO BANK, NATIONAL ASSOCIATION

Signature: Print Name: Title: Address:

Sheila Lynch Vice President 333 Market Street St.15th Floor, MAC: A0109-150 San Francisco, CA 94105

DepPldgAgmt-TX-BNY-2006(0519)

-4-

EXHIBIT "A" ADDENDUM “A” (Authorized Officers of Depositor)

One signature of any of the following authorized officers of Depositor is required to authorize actions to be taken pursuant to the foregoing Depository Pledge Agreement. Individual who signs page 4 must also sign below.

1.

Print Name:

Signature:

Email:

Phone: Fax:

2.

Print Name:

Signature:

Email:

Phone: Fax:

3.

Print Name:

Signature:

Email:

Phone: Fax:

4.

Print Name:

Signature:

Email:

Phone: Fax:

-5-

EXHIBIT "A"

GIB PUBLIC FUNDS COLLATERAL UNIT CONTACT INFORMATION

Mailing Address

Toll Free Number:

Wells Fargo Bank, N.A. GIB Public Funds Collateral Unit 333 Market Street, 15th Floor MAC: A0109-150 San Francisco, CA 94105 877-479-6603

Fax Number:

866-686-5441

Email Address:

[email protected]

Contacts: Sheila Lynch, Public Funds Collateral Unit Manager

[email protected] (415)371-3278

Jeana Nguyen, Public Funds Analyst

[email protected] (415) 371-3277

Angela Karanja, Public Funds Analyst

[email protected] (415) 371-3276

Rui Ying (Sharon) Cao, Public Funds Analyst

[email protected] (415) 371-3273

EXHIBIT "A" Wells Fargo Bank Instructions for Completing The BNY Mellon NEXEN Client Set Up Request Form. Only complete the Client Information & User Set UP sections of the form in order to provide user(s) access to your daily collateral price reports. These areas are Blue & Shaded for your convenience Please type or print all required information legibly. Within the Client Information Section: 

Complete all information.

Within the User Set Up Section: 

Please provide the name(s), e-mail address(s) and telephone number(s) of staff that you want to have access to NEXEN reporting.



Since this is your initial set up, ignore the “User ID” and “ Reset Code” portion. User ID(s) and Reset Code(s) will be assigned during the NEXEN set up process and returned to the primary contact by BNY Mellon shortly after the first posting of collateral to your account takes place. The User ID and Reset Code will be required if and when a user needs to have his/her password reset. A telephone number for BNY Mellon’s BDS Help Desk will also be given within the returned NEXEN User set up information packet.

After your initial sign on, the NEXEN system will prompt each user to immediately change his/her password. If you have any questions, please contact the Wells Fargo Public Funds Collateral Unit at 877-479-6603. Upon completion, please return the NEXEN Client Set Up Request along with your signed third party contract to the address provided on the contact sheet.

EXHIBIT "A" NEXEN Client Set Up Request EXEN Client S

a/c ID:

_

_

_

_

_

_

Markets Group - Public Fund Client a/c PID:

_

_

_

_

WELLS FARGO BANK BNYM Account Manager Contact: Contact Name:

Paul Messina

Business Unit:

Markets Group

Telephone #: Fax #:

Request Type:



New Customer

Existing NEXEN Customer - Maintenance (update client, services, users, accounts and/or reports as designated below)

Domestic (B4)

(Accounts on RE1, RE2)

NEXEN ID:

(required)

Client Information: Company Name: Address1: Address2: Address3:

Add User

User Set Up: Name

Delete User

User ID (if assigned)

Reset Code 6digit - numeric

123456 123456 123456 123456 123456 123456 Services:

Reports Price Report

Accounts:

RE1

Parent Purchaser Group (please indicate whether account(s) is on RE1 and/or RE2).

Special Instructions:

Nov-15

Email Address

Telephone Number

July 17, 2017 Ms. Edena J. Atmore, CPA, CPM, CPFO, CGFO, CGMA Director of Financial Services City of Missouri City 1522 Texas Parkway Missouri City, Texas 77489 Dear Ms. Atmore: As part of the services provided under the current Investment Advisory Agreement, we welcome the opportunity to assist the City of Missouri City (the “City”) with this Primary Depository Bank Services Request for Applications (the “RFA”) project. The objective of this engagement was to select a primary depository bank following the expiration of the current contract which ends September 30, 2017. This agreement, when approved, will commence on October 1, 2017 and terminate on September 30, 2019. The contract may be extended for three (3) additional one-year periods under the same terms and conditions. Procedure The project began with the establishment of a calendar of events to ensure that the required project steps were performed in a timely and sequential manner. The process for selecting a Primary Depository Bank is governed by the State of Texas Local Government Codes: Chapter 105 Municipal Depository Act; Chapter 176 Conflict of Interest Act; Chapter 2256 Public Funds Investment Act; and Chapter 2257 Public Funds Collateral Act. In addition to complying with these State statutory requirements, it was necessary to understand and comply with the City’s financial and purchasing policies and Investment Policy. The RFA project was conducted as follows: 1. Analyzed historical bank service usage and balance records. 2. Reviewed the minimum banking services and potential additional services. 3. Developed a list of eligible financial institutions within the City’s municipal boundaries: a. Amegy Bank (incumbent) b. American First National Bank c. Bank of America 2428 Carters Mill Road, Huddleston, VA 24104-4003 540.297.3419

Page 2 of 4

d. e. f. g. h. i. j. k. l. m.

BBVA Compass Bank Capital One Bank First National Bank Texas Frost Bank JPMorgan Chase Bank Pioneer Bank Trustmark National Bank Unity National Bank Wells Fargo Bank Woodforest National Bank

4. Contacted the financial institutions to confirm distribution information, describe process, and identify the designated recipient. 5. Drafted the RFA for City review and approval. 6. Posted the notice and advertised as required. 7. Distributed RFAs to the identified and receptive financial institutions. 8. Held a non-mandatory pre-application conference that was attended by representatives of: a. Frost Bank b. JPMorgan Chase Bank c. Wells Fargo Bank 9. No additional RFA requests were received as a result of the advertisement. 10. By the closing deadline, applications were received from: a. b. c. d.

Amegy Bank (incumbent) Frost Bank JPMorgan Chase Bank Wells Fargo Bank

The evaluation of the applications was based on, but not limited to, the following criteria, in no particular order of priority: 1. Ability to perform and provide the required and requested services; 2. References provided and quality of services; 3. Cost of services; 4. Transition cost, retention and transition offers and incentives; 5. Funds availability; 6. Interest paid on interest bearing accounts and deposits; 7. Earnings credit calculation on compensating balances; 8. Completeness of application and agreement to points outlined in the RFA; 9. Convenience of location(s); 10. Previous service relationship with the City; 11. Physically located within the City’s boundaries; and 12. Financial strength and stability of the institution. 2428 Carters Mill Road, Huddleston, VA 24104-4003 540.297.3419

Page 3 of 4

Application Analysis The Application Analysis began with an overall review of each financial institution’s general financial strength and ability to provide the services necessary to meet the City’s current and future service needs. Each of the responding financial institutions exhibited acceptable financial strength and the ability to provide services the City requested. Amegy Bank offered a managed Earnings Credit Rate of 1.03%, floored at 1.03%, an interest-bearing checking account hard interest option paying 0.20%, and a sweep account option to various money market mutual funds paying between 0.60% and 0.69%, subject to market movement. Safekeeping services were also offered, and, as incumbent, there were no retention incentives extended to the City. Frost Bank offered an Earnings Credit Rate of 1.06% based on prior month average 91-day T-Bill + 0.25%. A sweep account into an Invesco portfolio fund was offered as a hard interest option with a rate of 0.39%, subject to market changes. Safekeeping services were also offered, and incentives included the first three (3) months of account analysis fees waived, as well as $2,500 toward transition costs if a banking change were made. JPMorgan Chase Bank offered a managed Earnings Credit Rate of 0.60% and an interest-bearing hybrid checking account hard interest option paying 0.26%. JPMorgan had the highest fee structure of all responding financial institutions, and the safekeeping offer conditions were not PFIA-eligible. Wells Fargo Bank offered a managed Earnings Credit Rate of 0.60%, an interest-bearing checking account hard interest option paying 0.02%, and a sweep account option to a Wells Fargo money market mutual fund paying 0.62%, subject to change with market conditions. Safekeeping services were also offered, and financial incentives included $1,500, as well as two (2) months analysis fee charges waived each year for the life of the contract. The analysis of proposed fees, earnings credit, and investment income potential is summarized below. Net Income/(Cost) Each financial institution’s fee schedule was analyzed based on the City’s banking service needs and estimated activity levels. Where quantifiable and appropriate, the estimated service fees were adjusted for any incentives (including waived fees, supplies, and check scanners). The average operating balances the City has maintained over the last year has been approximately $6,500,000. Each financial institution’s potential earnings credit rates were considered as “soft-dollar” earnings credit to be netted against the estimated service charges. If any remained, non-compensating balances were invested in a more advantageous “hard” interest deposit option. Each of the banks proposed a structure that would result in net income to the City over the anticipated five-year term, after provisions for all banking services. It should be noted that all of the banks’ 2428 Carters Mill Road, Huddleston, VA 24104-4003 540.297.3419

Page 4 of 4

earnings credit and/or hard-dollar options are currently below other investment options, therefore the City’s current strategy to maintain low compensating balances to take advantage of higher yielding options outside of their primary depository would continue to be advantageous. Five-Year Term Proposed Fees (net of incentives) Earnings Credit and Hard-Interest Estimated Safekeeping Fees Net Income/ (Cost)

Amegy (incumbent)

Frost

JPMorgan Chase

Wells Fargo

(57,704)

(56,200)

(97,106)

(43,493)

224,467

156,970

114,024

200,125

(13,350)

(8,568)

N/A

(10,100)

153,413

92,202

16,918

146,532

Recommendation As the incumbent, Amegy Bank has been an acceptable business partner over the course of the current contract, and they have again provided the City a very competitive offer to maintain the relationship. Wells Fargo also offered an attractive proposal with an emphasis on streamlined processes and technology options. Once the analysis was completed and all proposals were considered, it was determined it is in the best interest of the City to consider a change in the depository relationship. Wells Fargo Bank’s proposal and system support provides the City the most favorable opportunity to update processes and improve efficiency through system integration and technology features. There will be some cost associated with transitioning to a new financial institution, however the City will benefit from anticipated process improvements. With a minimal difference over a five (5) year basis in earnings potential between Amegy Bank’s and Wells Fargo Bank’s proposals, the City’s interest in integration with responsive customer service was a key factor. The City is currently conducting reference checks and has scheduled a presentation/demonstration by the Bank. Therefore, we concur with the staff recommendation that the City Council award the Primary Depository Bank services contract to Wells Fargo Bank, and authorize the City Manager to execute the agreements necessary to beginning a new banking relationship. Upon approval, the new contract will commence on Sunday, October 1, 2017. Please contact Emily Upshaw, Bill Koch, or me to discuss any questions or additional information needs. Thank you for this opportunity to serve the City of Missouri City, Texas. Sincerely, E. K. Hufstedler, III Valley View Consulting, L.L.C. Attachment 2428 Carters Mill Road, Huddleston, VA 24104-4003 540.297.3419

City of Missouri City, Texas Bank RFA Analysis July 6, 2017

Amegy (incumbent)

Frost Bank

JPMorgan Chase

Wells Fargo

FEE ANALYSIS OF BANK DEPOSITORY SERVICES Proposed Fees - Banking Services Monthly Fee Estimate (without Safekeeping Charges) Monthly Estimated Assessment Fee

(962) 112

(1,030) 113

Fees for Two Year Term

(23,081)

Fees for Five Year Term

(57,704)

(2,118) 186

(900) 175

(24,716)

(50,842)

(21,597)

(61,790)

(127,106)

(53,992)

Estimated Waived Fees

3,089

30,000

Transition Allowance

2,500

Contract Incentives

Total Fees for Two Year Term less Incentives Total Fees for Five Year Term less Incentives

Two months per contract year for life of contract 1,500

(23,081)

(19,126)

(20,842)

(16,497)

(57,704)

(56,200)

(97,106)

(43,493)

Earnings Credit Earnings Credit Rate

1.03%

1.06%

0.60%

Prior month average 91-day TBill + 0.25% 902,100

Premium Managed Rate + 0.10% 1,736,700

0.60%

Rate Basis

Managed rate w/ 1.03% floor

Target DDA Compensating Balance

1,120,350

Monthly Earnings Credit less Reserve Earnings Credit for Two Year Term Earnings Credit for Five Year Term

962

797

868

687

23,079 57,698

19,125 47,811

20,840 52,101

16,495 41,238

Reserve Requirement Net Fees for Two Year Term Net Fees for Five Year Term

0%

0% (2) (6)

0% (2) (8,389)

Managed rate 1,374,600

0% (2) (45,005)

(2) (2,255)

Interest Income Estimate Investment Option / Rate Basis

Interest Rate Investment Balance Monthly Investment Income Two Year Investment Income Five Year Investment Income

PF Interest Bearing Checking Account or MMF Sweep Product

Sweep Account - Invesco Government and Agency Portfolio Fund

0.62% 5,379,650

0.39% 5,597,900

2,779 66,708 166,769

1,819 43,664 109,159

Hybrid DDA (Hard interest earned over ECR peg) 0.26% 4,763,300 1,032 24,769 61,923

Advantage Checking (Interest Bearing Account) or MMF Sweep Product 0.62% 5,125,400 2,648 63,555 158,887

Two Year Income/(Cost)

66,705

43,662

24,767

63,553

Five Year Income/(Cost)

166,763

100,770

16,918

156,632

Two Year Estimated Safekeeping Charges Five Year Estimated Safekeeping Charges

(5,340) (13,350)

(3,427) (8,568)

Net Fees for Two Years including Safekeeping Fee Estimate Net Fees for Five Years including Safekeeping Fee Estimate

61,365 153,413

40,235 92,202

May 23, 2017 Submission Date Historical Bank Balance 91-Day T-Bill Discount Rate Fed Funds Rate Actual Fed Funds Rate Target Local Government Investment Pool

$6,500,000 0.91% 0.91% 0.75% - 1.00% 0.77%

Safekeeping Fee Estimate

Valley View Consulting, L.L.C. 2428 Carters Mill Road, Huddleston, VA 24104 540.297.3419

(4,848) (10,100)

Not PFIA eligible

24,767 16,918

58,705 146,532

1

City of Missouri City, Texas Bank RFA Analysis July 6, 2017

Amegy (incumbent)

Frost Bank

JPMorgan Chase

Wells Fargo

DETAIL RESPONSE ANALYSIS OF BANK DEPOSITORY SERVICES "Best Value" Criteria 1 Ability to perform and provide the required and requested services 2 References provided and quality of services 3

Cost of services

4 5

Transition cost, retention and transition offers and incentives Funds availability

6 7

Interest paid on interest bearing accounts and deposits Earnings credit calculation on compensating balances

8

Completeness of application and agreement to points in the RFA

9 10

Convenience of locations Previous service relationship with the City

11 12

Physical location within the City's boundaries Financial strength and stability of the institution

Required Bank Services 1 Online Banking Services

Yes

Yes

Yes

Yes

2

ACH

Yes

Yes

Yes

Yes

3 4

ACH Debit Blocking Electronic Data Interchange

Yes Yes

Yes Yes

Yes Yes

Yes Yes

5 6 7 8 9

Remote Deposit Capture Wire Transfers Post No Checks Zero Balance Accounts Account Reconciliation Processing

Yes Yes Yes Yes Yes

Yes Yes Yes Yes Yes

Yes Yes Yes Yes Yes

Yes Yes Yes Yes Yes

10 11 12 13 14

Positive Pay and Account Reconciliation Service Night Depository Services Cash Vault Services Armored Car Services Tamperproof Bank Bags

Yes Yes Yes Cannot provide Bags available - fees apply

Yes Yes Yes Cannot provide Yes

Yes Yes Yes Cannot provide Bags available - fees apply

Yes Yes Yes Cannot provide Bags available - fees apply

15 16 17 18 19

Funds Availability Employee Check Cashing Returned Check Reprocessing Account Analysis Bank Statements

Yes Yes Yes Yes Yes

Yes Yes Yes Yes Yes

Yes Yes Yes Yes Yes

Yes Yes Yes Yes Yes

20 21 22 23 24

Payment for Services Account Settlement Research Bank Errors Investment Account

Yes Yes - quarterly Yes Yes Yes

Yes Yes - quarterly Yes Yes Yes

Yes Yes - quarterly Yes Yes Yes

Yes Yes - quarterly Yes Yes Yes

25 Audit Confirmations 26 Balance Assessment 27 Reserve Requirement

Yes Passed in full to City No 1.03% floor

Yes Passed in full to City No 0.60% (Premium Managed Rate + 0.20% )

Yes Passed in full to City No

28 Earnings Credit Rate

Yes Passed in full to City No 1.06% (Prior month average 91-day T-Bill + 0.25%)

Yes

Services That May Be Considered 1 Online Payments Acceptance

0.60%

Yes

Yes w/ First Data

Yes

2

Consumer Bill Pay Processing

Yes

Yes w/ MasterCard RPPS and FiServ

Yes

Yes

3 4 5

Retail Lockbox Services Controlled Disbursement Account Payroll Cards

Yes Yes Yes

Yes Yes Yes w/ Money Network

Yes Yes No

Yes w/ REMITCO Yes Yes w/ MasterCard PTS

No - PFCA eligible, 110%

Yes/No - PFCA Eligible, 110%

Yes/No - 102%

No - PFCA Eligible

Yes

Yes

Yes

Yes

Yes - FHLB Des Moines

Yes - BONY

Yes - FHLB or FRB

Yes - BONY

Collateral Requirements 1

Collateralization

2

Collateral Amount

3

Pledged Collateral Custody and Safekeeping

4

Collateral Substitution

Yes/No - no collateral choices in advance

Yes/No - Standing Release

Yes/No - exception to bank providing in writing that collateral shall be available when needed

No - no City Approval

5

Collateral Report

No - only receive report from FHLB Des Moines

Yes/No - does not provide Moody's or S&P ratings; BONY online system

Yes/No - agree that bank shall provide report, but excludes custodial bank

No - does not provide Moody's or S&P ratings; BONY online system

6

FIRREA Compliant Board Resolution

Yes

Upon award

Upon award

Upon award

Valley View Consulting, L.L.C. 2428 Carters Mill Road, Huddleston, VA 24104 540.297.3419

2

City of Missouri City, Texas Bank RFA Analysis July 6, 2017 Investment Activities 1 Direct Investment Alternative

Amegy (incumbent)

Frost Bank

JPMorgan Chase

Wells Fargo

Yes

Yes

Yes

Yes

Yes Yes

Yes Yes

Yes Not PFIA eligible

2 3

Certificates of Deposit Securities Clearing, Safekeeping and Custody Services

4

Separate Securities Clearing, Safekeeping and Custody Services

No

Yes

Not PFIA eligible

5

Cost Sharing or Credit for Third Party Safekeeping Services

No

No

Not PFIA eligible

Yes Yes Yes - $10,000 annual minimum fee for separate service No

Yes

No - Standalone

Yes

No - Standalone

Notification

Yes

No/Yes - will work with the City on arrangements

Yes

Yes

Stipulations

1 day / No max $ / Amegy Prime Rate + 5%

2 days / Case by case amount / Prime + 0.03%

Case by case for days and dollar amount / Prime + 3%

Case by case for days and dollar amount / Prime + 2%

Yes Yes

Yes Yes

Yes Yes

No/Yes - ASAP Yes

Overdraft Provisions 1 Net Overdraft Defined 2 3

Other Stipulations 1 Regulation Notifications 2 Incoming Wire Transfers 3

Right to Cancel Under Federal or State Law Rulings

Yes

Yes

Yes

Yes

4 5 6 7 8

Access to Bank Records Right to Open and Maintain Other Accounts Secondary Bank Depository Right to Terminate Terms Fixed

Yes Yes Yes Yes Yes

Yes Yes Yes Yes w/ Reciprocal Yes

Yes Yes Yes Yes Yes

Yes Yes Yes Yes w/ Reciprocal Yes

9

One Relationship Officer

Joanna Caudillo, VP (713) 216-4087

Orlando Saenz, Relationship Manager (281) 652-4029

Miscellaneous 1 Semi-Annual Meeting 2

Formal Agreement Required

Minerva Dimas, VP (713) 232-1494

Karen White, AVP 388-1196

(713)

Yes

Yes

Yes

Yes

Yes

Yes

Yes

No/Yes

Application Submission Received

Received

Received

Received

Fee Schedules Bank Services

Received

Received

Received

Received

Response Attachments 1 Account Analysis 2 Rate Basis 3 Sample Collateral Agreement

Provided Provided Provided

Provided Provided Provided

Provided Provided Provided

Provided Provided Provided

Provided Provided Provided Provided Provided

Provided Provided Provided Provided Provided

Provided Provided No sample Provided Provided

Provided Provided Provided Provided Provided

4 5 6 7 8

Security Measures Technology Specifications Sample Safekeeping Report Securities Safekeeping Fees Investment Account Information

9

Summary Business Continuity Plan

10 References 11 Sample FIRREA Compliant Document Other Considerations 1 Bankrate.com Rating

Provided

Provided

Provided

Provided

Harris County Hospital District, Bellaire, Katy

Alief ISD, Arcola, Galveston, Corpus Christi, Helotes

Houston, Baytown, Pasadena

Fulshear, Sugar Land, Spring Valley, Webster

Provided

Upon award

Provided

Provided

4 of 5 stars

4 of 5 stars

4 of 5 stars

4 of 5 stars

Bank Checks, Stamps other Supplies

Deposit bags and initial order of endorsement stamps through Frost vendor at no charge for contract term

$1,500 transition allowance for supplies

3

Incentives Offered

9 months or $30,000 of $2,500 conversion-related waived service fees and/or expenses incurred during first supplies in the first year, 4 free 6 months; first 3 months check scanners, waive ACH account analysis fees waived implementation fee, upgraded availability schedule

Any 2-months waived fees each year for life of contract

4

Safekeeping Services

2

Yes

Yes

Valley View Consulting, L.L.C. 2428 Carters Mill Road, Huddleston, VA 24104 540.297.3419

Not PFIA eligible

Yes

3

the show me city

Council Agenda Item August 21, 2017 12.

CITY COUNCIL ANNOUNCEMENTS Discussion, review, and possible action regarding a meeting or activity of one or more of the following entities (each entity refers to a City of Missouri City entity unless otherwise indicated): Charter Review Commission, Community Development Advisory Committee, Construction Board of Adjustments, Electrical Board, Parks Board, Planning and Zoning Commission, Tax Increment Reinvestment Zone Boards, Fort Bend Chamber of Commerce, Houston-Galveston Area Council, Fort Bend Regional Council, Texas Municipal League, Fort Bend County, Harris County, Gulf Coast Building and Construction Trades Council, Mayor’s Youth Commission, Finances and Services Committee, Fort Bend Leadership Forum, Fort Bend County Drainage District, Economic Development Committee, Missouri City Parks Foundation, Missouri City Police and Fire Auxiliary, Livable Community Committee, Texas Parkway Alliance, High Performance Organization Committee, Missouri City Juneteenth Celebration Foundation, Fort Bend County Mayor and Council Association, METRO, Planning, Development and Infrastructure Committee, Fort Bend Independent School District, Greater Fort Bend Economic Development Coalition, Transportation Policy Council, Community Development Advisory Committee, Veterans Memorial Committee, Missouri City Recreation and Leisure Local Government Corporation, Missouri City Development Authority, and the Greater Houston Partnership and Emergency Management updates. 13.

CLOSED EXECUTIVE SESSION The City Council may go into Executive Session regarding any item posted on the Agenda as authorized by Chapter 551 of the Texas Government Code. 14.

RECONVENE Reconvene into Regular Session and Consider Action, if any, on items discussed in Executive Session. 15.

ADJOURN