City of Alvin, Texas council packet.pdf · City of Alvin, Texas, ... City Clerk; Robert Lee, Police...

City of Alvin, Texas

Paul Horn, Mayor

Brad Richards, Mayor Pro-tem, At Large Pos. 1 Keith Thompson, District C Chris Sanger, At Large Pos. 2 Glenn Starkey, District D Scott Reed, District A Gabe Adame, District E Adam Arendell, District B

ALVIN CITY COUNCIL AGENDA THURSDAY JUNE 1, 2017

7:00 P.M. (Council Chambers)

Alvin City Hall, 216 West Sealy, Alvin, Texas 77511 Persons with disabilities who plan to attend this meeting that will require special services please contact the City Clerk’s Office at 281-388-4255 or [email protected] 48 hours prior to the meeting time. City Hall is wheel chair accessible and a sloped curb entry is available at the east and west entrances to City Hall.

NOTICE is hereby given of a Regular Meeting and Executive Session of the City Council of the City of Alvin, Texas, to be held on Thursday, June 1, 2017 at 7:00 p.m. in the Council Chambers at: City Hall, 216 W. Sealy, Alvin, Texas.

REGULAR MEETING AGENDA

1. CALL TO ORDER

2. INVOCATION AND PLEDGE OF ALLEGIANCE

3. PUBLIC COMMENT

4. CONSENT AGENDA: CONSIDERATION AND POSSIBLE ACTION: An item(s) may be removed from the Consent Agenda for full discussion by the request of a member of Council. Item(s) removed will automatically become the first item up for discussion under Other Business.

A. Approve minutes of the May 8, 2017 City Council workshop meeting.

B. Approve minutes of the May 8, 2017 City Council regular meeting.

C. Consider a master preliminary plat of Huntington Place (located in the City of Alvin’s ETJ at the northeast corner of the FM 521 and Juliff-Manvel Road intersection) being a subdivision of 231.520 acres of land situated in the William Pettus League Survey, Abstract 68, Fort Bend County, Texas, being out of and part of lots 1-9, 39, 40 and 41, Emigration Land Company, a subdivision recorded in volume 618, page 725, deed records of Fort Bend County, Texas.

D. Consider a master preliminary plat of Martha’s Vineyard, (located northwest of the Highway 6 and CR 146 intersection), being a planned unit development of 103.0684 acres of land in the City of Alvin Extra Territorial Jurisdiction (ETJ).

E. Consider a final plat of Martha’s Vineyard Section 1, being a planned unit development of 50.5998 acres (located northwest of the Highway 6 and CR 146 intersection), a partial replat of lots 1, 2 and 8, of the subdivision of section 21, as recorded in volume 21, page 186 B.C.D.R. and located in the H.T. and B.R.R. Company Survey, section 21 abstract no. 230, City of Alvin, Brazoria County, Texas.

F. Consider the appointment of James Muhl as a reserve officer for the Alvin Police Department.

AGENDA - 2 - June 1, 2017

5. OTHER BUSINESS:

Council may approve, discuss, refer, or postpone items under Other Business.

A. Consider Resolution 17-R-16, authorizing a developer agreement with Don Barras Development, LLC toward the construction of the St. James Senior Residential Development.

B. Consider Ordinance 17-J, of the City of Alvin amending Chapter 28, Comprehensive Fee Ordinance of the Code of Ordinances, for the purpose of revising certain water and wastewater fees for residential and commercial customers; and adopting a five-year schedule of water and wastewater rates, providing for a ten percent (10%) penalty for late payment; providing for an effective date of October billing cycles for the following years: 2017, 2018, 2019, 2020, and 2021; and setting forth other provisions related thereto.

C. Consider Resolution 17-R-17, creating the Hotel Occupancy Tax (HOT) Fund Committee; establishing the membership, terms of office and qualifications of the committee; defining the purpose of the committee; and setting forth other provisions related thereto.

6. REPORTS FROM CITY MANAGER

A. Review preliminary list of items for next Council meeting.

7. ITEMS OF COMMUNITY INTEREST Pursuant to 551.0145of the Texas Government Code reports or an announcement about items of community interest during a meeting of the governing body. No action will be taken or discussed.

A. Hear announcements concerning items of community interest from the Mayor, Council members, and City staff, for which no action will be discussed or taken.

8. EXECUTIVE SESSION

A. SECTION 551.071 of the Government Code: Consultation between governmental body and its attorney to seek advice of attorney about pending or contemplated litigation or a settlement offer or a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Open Meetings Act.

B. SECTION 551.072 of the Government Code: Deliberation regarding the purchase, exchange, lease or value of real property.

9. RECONVENE TO OPEN SESSION A. Consider authorization of severance payment and/or settlement offer regarding the City

Attorney’s employment agreement.

B. Consider the potential sale of the Alvin Municipal Shooting Range property.

10. ADJOURNMENT

I hereby certify that a copy of this notice was posted on the City Hall bulletin board, a place convenient and readily accessible to the general public at all times, and to the City’s website: www.alvin-tx.gov, in compliance with Chapter 551, Texas Government Code on THURSDAY, May 25, 2017 at 5:00 P.M. __________________________________

(SEAL) Dixie Roberts, City Secretary

AGENDA - 3 - June 1, 2017

Removal Date:______________________

** All meetings of the City Council are open to the public, except when there is a necessity to meet in Executive Session (closed to the public) under the provisions of Chapter 551, Texas Government Code. The Council reserves the right to convene into executive session on any of the above posted agenda items that qualify for an executive session by publicly announcing the applicable section of the Open Meetings Act, including but not limited to sections 551.071 (litigation and certain consultation with the attorney), 551.072 (acquisition of interest in real property), 551.073 (contract for gift to city), 551.074 (certain personnel deliberations), or 551.087 (qualifying economic development negotiations).

MINUTES CITY OF ALVIN, TEXAS

CITY PLANNING COMMISSION April 18, 2017

BE IT REMEMBERED, that on the above date, the Planning Commission met in the First Floor Conference Room, at Public Services Facility, 1100 West Highway 6, Alvin, Texas, at 6:00 P.M. with the following members present, Chris Hartman, Chair; Nicole Kelinske, Secretary; Santos Garza; Charles Buckelew; Martin Vela; Robin Revak-Golden; Sussie Sutton; and Randy Reed. Also present were staff members Shana Church, Administrative Assistant and Michelle Segovia, City Engineer. Absent were Missy Jordan, Darrell Dailey and Jake Starkey. 1. Call To Order. Call to order at 6:00 P.M. 2. Petition and Requests from the Public. There were no petitions or requests from the public. 3. Approve the Minutes of the Planning Commission meeting of March 21, 2017. Commission Member Santos Garza motioned to approve the minutes of the regular Planning Commission meeting of March 21, 2017. Seconded by Charles Buckelew, the motion carried on a vote of 8 ayes and 0 nays. 4. Consider an Amended Plat of Forest Heights Section Six, being a planned unit development of a 19.173 acre tract of land (located northwest of the Heights Road and Brazos Street intersection) out of lots 51, 52, 63 and 64 of the Hooper and Wade Survey, Section 23, A-240 and tract 3, Lepper Family Partnership, LTD. CF 97-024069 Deed Records of Brazoria County, Texas. City Engineer recommends final plat for discussion and approval. Commission Member Vela motioned to recommend for approval to City Council. Seconded by Member Garza, the motion carried on a vote of 8 ayes, 0 nays. 5. Items of Community Interest. Charles Buckelew mentioned there are pot holes developing on House Street, Briargrove and Bayou Bend. Randy Reed asked what could be done to put a stop sign in Westglen (at Larkspur and Wildwinn). Michelle Segovia stated she will send an email to the Police Chief to get an increased patrol and possibly a speed trailer set up in the area. Sussie Sutton asked for the status of Mustang Road construction. Michelle Segovia stated they began final striping, sign installation and clean up. Mustang Road will possibly be able to open to traffic by the end of next week. Santos Garza would like to send a big thank you to Sereniah and staff for putting on the volunteer appreciation reception. Chris Hartman asked what happened with the plat from the last meeting that was sent to council with no recommendation from Planning Commission. Michelle Segovia stated City Council approved the Final Plat of Briscoe Building Complex as presented with the right of way dedication. The Master Preliminary Plat of Huntington Place was removed from the

agenda at the developer’s request and it will be resubmitted in May without the need for a variance request. 6. Staff report and update. There were no staff report or update. 7. Items for the next meeting. Michelle Segovia, City Engineer stated Martha’s Vineyard plans have been resubmitted. 8. Adjournment. Commission Member Martin Vela motioned to adjourn the meeting, seconded by Member Charles Buckelew. The motion carried on a vote of 8 ayes. The meeting ended at 6:29 p.m. Passed and Approved the 16th day of May, 2017. /s/Chris Hartman, Chair Attest: /s/Nicole Kelinske, Secretary

MINUTES CITY OF ALVIN, TEXAS 216 W. SEALY STREET

CITY COUNCIL WORKSHOP MEETING THURSDAY, May 18, 2017

6:00 P.M

CALL TO ORDER BE IT REMEMBERED that, on the above date, the City Council of the City of Alvin, Texas, met in Workshop Session at 6:00 P.M. in the Council Chambers at City Hall, with the following members present: Mayor Paul A. Horn, Mayor Pro-Tem Gabe Adame; Council members Scott Reed, Brad Richards, Chris Sanger, Glenn Starkey, and Keith Thompson. Staff members present: Sereniah Breland, City Manager; Suzanne Hanneman, Interim City Attorney; Junru Roland, Assistant City Manager/CFO; Dixie Roberts, City Clerk; Robert Lee, Police Chief; Julie Siggers, Convention and Visitor Bureau Director; and Larry Buehler, Director of Economic Development. WORKSHOP ITEMS: Discuss Convention and Visitors Bureau (CVB). Mr. Roland presented 3 questions to members of council that need to be answered to give clear direction to staff on how to proceed:

Does the Council want to maintain direct oversight of CVB program? Does Council desire the creation of Committee or advisory board? Does Council desire the implementation of application and post event report for HOT funding?

A discussion was held on the duties of the board; how often the board will meet and the concerns with the creditability and integrity of the post event reports. The consensus of Council is to maintain direct oversight of the CVB program; the creation of a committee/advisory board that would meet monthly to make recommendations to City Council on the distribution of HOT tax funds. Mayor Horn suggested revising the proposed resolution to include items discussed. Discuss Proposed RV Park Development. Larry Buehler, Economic Development Director, provided historical information on the current recreational vehicle park ordinance. The ordinance disallowed no new RV Parks in Alvin (Ord. 07-B). He explained that the proposed development would be a high standard recreational vehicle resort and storage facility. Suzanne Hannemen, Interim City Attorney, explained that the current ordinance required that existing RV Parks be brought up to standard which meant that some of the existing RV Parks were closed. She further explained that the current ordinance can be modified to allow for higher standards for RV Parks.

David Perkins of Access Company presented information regarding the potential placement of an upscale RV Resort and public storage facility. This project would be built in two phases. The first phase is a 20-acre RV Resort and the second phase is an 11-acre storage. The proposed RV resort and storage would have a positive economic impact from new residents; permanent job opportunities and would add approximately $50,000 a year in property tax. Mr. Buehler explained that staff’s recommendation is to bring back a proposed ordinance for Council consideration. He suggested that the ordinance include a clause for a developer’s agreement.

ADJOURNMENT Mayor Horn adjourned the meeting at 6:45 p.m. PASSED and APPROVED this ______ day of ________________, 2017. __________________________ Paul A. Horn, Mayor ATTEST: ___________________________ Dixie Roberts, City Clerk

MINUTES CITY OF ALVIN, TEXAS 216 W. SEALY STREET

CITY COUNCIL REGULAR MEETING

THURSDAY, MAY 18, 2017 7:00 P.M.

CALL TO ORDER BE IT REMEMBERED that, on the above date, the City Council of the City of Alvin, Texas, met in Regular Session at 7:00 P.M. in the Council Chambers at City Hall, with the following members present: Mayor Paul A. Horn, Mayor Pro-Tem Gabe Adame; Council members: Scott Reed, Brad Richards, Chris Sanger, Glenn Starkey, and Keith Thompson. Staff members present: Sereniah Breland, City Manager; Suzanne Hanneman, Interim City Attorney; Junru Roland, Assistant City Manager/CFO; Dixie Roberts, City Clerk; Michelle Segovia, City Engineer; Robert E. Lee, Police Chief. INVOCATION AND PLEDGE OF ALLEGIANCE Mary Sanders gave the invocation.

Council member Sanger led the Pledge of Allegiance to the American Flag. Council member Reed led the Pledge to the Texas Flag. OATH OF OFFICE Administer the Oath of Office: Mayor Paul A. Horn; and City Council member District E, Gabe Adame. Municipal Court Judge, Donna Starkey, administered the oath of office to Mayor Paul A. Horn and City Council Member District E, Gabe Adame.

PUBLIC COMMENT There were no public comments. PRESENTATIONS Mayor Pro-tem Service Recognition. Mayor Horn presented Council member Gabe Adame a certificate of recognition for his position as Mayor Pro-tem during 2016-2017. Proclamation – National Police Week. Mayor Horn proclaimed the week of May 14-20, 2017, as National Police Week.

Proclamation – Public Works Week.

Mayor Horn proclaimed the week of May 21-27, 2017, as Public Works Week.

Proclamation – Motorcycle Awareness Month. Mayor Horn proclaimed the month of May as Motorcycle Awareness. Presentation and discussion on proposed water and wastewater rate increase. Mr. Junru Roland, Assistant City Manager/CFO, presented the proposed water and wastewater rate increase. CONSENT AGENDA

Approve minutes of the May 4, 2017 City Council regular meeting.

MINUTES - 2 - May 18, 2017

Consider Resolution 17-R-13, declaring the results of the May 6, 2017 General Election for the purpose of electing a Mayor and member to Council District E. The official canvassing for this election was held on Tuesday, May 16, 2017, at 6:00 p.m. in the 1st floor conference room at City Hall. The statutory last day to canvass this election is May 17, 2017. A meeting notice is required and will be posted for the canvassing. However, per State Election Code, Chapter 67, a full quorum of the governing body is not required for the canvassing of an election and can be completed with two (2) members of the governing body in attendance. The official election returns were read aloud by the City Clerk at the canvass and an affidavit was signed declaring the official results. Resolution 17-R-13 formally declares the results of the May 6, 2017, Election in resolution and minute format, where it will be maintained as an official record of the City. The election returns for each item on the ballot do not have to be read orally at the May 18, 2017, City Council meeting, as done at the official canvassing on Tuesday, May 16, 2017. Staff recommends the approval of Resolution 17-R-13. Consider Resolution 17-R-14, declaring the results of the May 6, 2017 Special Charter Election in which fifty-seven (57) propositions were submitted to the voters for the purpose of amending the City of Alvin’s Charter document. The official canvassing for this election was held on Tuesday, May 16, 2017, at 6:00 p.m. The statutory last day to canvass this election is May 17, 2017. A meeting notice was required and was posted for the canvassing. However, per State Election Code, Chapter 67, a full quorum of the governing body is not required for the canvassing of an election and can be completed with only two (2) members of the governing body in attendance. The election returns were read orally by the City Clerk at the canvass and an affidavit signed declaring the official results. Resolution 17-R-14 formally declares the results of the May 6, 2017, Election in resolution and minute format where it will be maintained as an official record of the City. The election returns for each item on the ballot do not have to be read orally at this meeting since performed at the official canvassing on Tuesday, May 16, 2017. After approval of this resolution, the Charter amendments approved in this election will be sent for codification into the City’s Code of Ordinance Book. A summary of the results in the actual Charter document is included in your packet. Staff recommends approval of Resolution 17-R-14. Council member Thompson moved to approve the consent agenda as presented. Seconded by Council member Reed; motion carried with all members present voting Aye. OTHER BUSINESS: Consider the Mayor’s appointment of Mayor Pro-tem.

Mayor Horn appointed Council member Richards as Mayor Pro-tem. Council member Sanger moved to accept the Mayor’s appointment of Council member Richards as Mayor Pro-tem; seconded by Council member Thompson; motion carried with all members present voting Aye. Consider a bid award to Tandem Services, LLC., for the Kost Detention Pond Final Grading and Concrete Construction Project in an amount not to exceed $538,774.95; and authorize the City Manager to sign the contract upon legal review. On May 9, 2017, bids were opened for the Kost Detention Pond Final Grading and Concrete Construction Project, and AGR Construction, LLC., was the low bidder, however on May 11, 2017 the Engineering Department received an email from AGR Construction, LLC stating that they had made an error in their bid calculation and would not be able to perform the work for the amount stated and requested that the bid not be considered. After AGR Construction was removed from

City Council Position Council member Year Elected Term Expires

Served as Mayor Pro-Tem

At Large 1 Brad Richards 2015 2018 No At Large 2 Chris Sanger 2016 2019 No District A Scott Reed *2011, 2013,

2016 2019 2012-2014

District B Adam Arendell 2012, 2015 2018 2016 District C Keith Thompson *2014/2015 2018 No District D Glenn Starkey 2016 2019 No District E Gabe Adame 2017 2020 Current

MINUTES - 3 - May 18, 2017

consideration the next qualified low bidder was Tandem Services, LLC. This Contractor has never worked on a City of Alvin project. Staff has verified references for this contractor and all references were highly satisfied with the work performed.

Contract Amount: $513,119.00 5% Contingency: $ 25,655.95 Total Amount: $538,774.95

The project consists of the final grading of the Kost Detention Pond, construction of the concrete pilot channels, concrete inflow weir, grading of the backslope swales, installation of the backslope storm inlets, concrete slope paving at the outfall, installation of the trash rack at the outfall, replacement of the concrete sidewalk and curb along Kost Road, and sodding/hydro-mulching of the pond. The project is scheduled to start in June and has a construction time of 75 calendar days. Staff recommends approval. Council member Starkey moved to award the bid for the Kost Detention Pond Final Grading and Concrete Construction Project in an amount not to exceed $538,774.95 to Tandem Services, LLC.; and authorize the City Manager to sign the contract upon legal review. Seconded by Council member Thompson; motion carried by a vote of 4 Ayes with Council member Sanger voting No. Mayor Horn stated that he would like staff to prepare a cost estimate for the installation of sidewalks, fencing, and landscaping around the pond for beautification. Consider Resolution 17-R-10, amending a previous agreement with the Texas Department of Transportation (TXDOT) for the replacement of the bridge along County Road 51 over Austin Bayou. This resolution will amend the previously approved agreement with TXDOT by changing the in-kind projects that the City will complete as its equivalent-match participation for the replacement of the CR 51 bridge over Austin Bayou that was completed previously. In November 2010, the City Council approved Resolution 10-R-29 authorizing the Mayor to enter an agreement with TXDOT for the replacement of the CR 51 bridge over Austin Bayou (in the City Limits near SH 288) through the Off-System Bridge Program. As a requirement of the program, the City is required to pay 10% of the project cost or complete equivalent-match projects approved by TXDOT equaling the 10% project cost. Resolution 10-R-29 stated that the City would complete two projects as the required match participation:

1) a culvert replacement on Pine Street at the M-9 ditch; and 2) the resurface of the road deck of South Street at the M-1 ditch crossing.

The Pine Street crossing was completed. However, the road deck resurfacing along South Street has not been completed, since the road deck at the crossing is not separate from the box culvert as originally assumed; but rather it is all one structure that cannot be replaced separately. The current resolution would remove the road deck resurfacing project and replace it with five small culvert replacement projects as shown in the attached matching project summary. Staff recommends approval.

Council member Reed moved to adopt Resolution 17-R-10, amending a previous agreement with the Texas Department of Transportation (TXDOT) for the replacement of the bridge along County Road 51 over Austin Bayou. Seconded by Council member Richards; motion carried with all members present voting Aye. REPORTS FROM CITY MANAGER Review preliminary list of items for next Council meeting. Ms. Breland reviewed the preliminary list for the June 15th Council meeting.

Items of Community Interest. Mrs. Roberts reviewed items of community interest. REPORTS FROM COUNCIL MEMBERS Announcements and Items of Community Interest.

MINUTES - 4 - May 18, 2017

Council member Thompson thanked the Public Services and Police Departments for their services. He also encouraged motorists to watch out for motorcycles on the roadway. Council member Reed thanked the Police and Public Services Department for their services and congratulated Mayor Horn and Council member Adame on their re-election to office. Council member Richards thanked the Mayor and members of City Council for his appointment as Mayor Pro-tem. Council member Sanger thanked Mr. Roland and team for the presentation this evening and at the town hall meeting regarding the proposed water and wastewater fee increases. He also congratulated Mayor Horn and Council member Adame on their re-election to office. Council member Adame asked about the paving of a roadway in Hillcrest Village and expressed his interest in holding a workshop on this topic. Council member Starkey thanked whoever painted the fire hydrants in his neighborhood. He also had some questions regarding overspray damage done to some vehicles in the Dyche Lane area from the water tower work. Ms. Breland stated she would send this information to City Council. Council member Starkey encouraged all to reflect on the true meaning of Memorial Day Mayor Horn stated that Sagemont Church is putting up 38,000 flags to honor all fallen Texas veterans. EXECUTIVE SESSION Mayor Horn called for an executive session at 7:43 p.m. in accordance with the following: SECTION 551.071 - of the Government Code: Consultation between governmental body and its attorney to seek advice of attorney about pending or contemplated litigation or a settlement offer or a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Open Meetings Act.

RECONVENE TO OPEN SESSION Mayor Horn reconvened to open session at 8:31 p.m. Consider authorization of severance payment and/or settlement offer pursuant to City Attorney’s employment agreement. Council member Starkey moved to halt any severance payment to Bobby Kacz pending settlement negotiations regarding her severance payment; Seconded by Council member Richards; motion carried by a vote of 4 Ayes with Council member Sanger voting No. ADJOURNMENT Mayor Horn adjourned the meeting at 8:32 p.m. PASSED and APPROVED this ______ day of ________________, 2017.

__________________________ Paul A. Horn, Mayor

ATTEST: ___________________________ Dixie Roberts, City Secretary

Agenda Commentary

Meeting Date: 6/1/2017

Department: Engineering Contact: Michelle H. Segovia, City Engineer Agenda Item: Consider a master preliminary plat of Huntington Place (located in the City of Alvin’s

ETJ at the northeast corner of the FM 521 and Juliff-Manvel Road intersection), being a subdivision of 231.520 acres of land situated in the William Pettus League Survey, Abstract 68, Fort Bend County, Texas, being out of and part of lots 1-9, 39, 40 and 41, Emigration Land Company, a subdivision recorded in volume 618, page 725, Deed Records of Fort Bend County, Texas.

Type of Item: ☐Ordinance ☐Resolution ☐Contract/Agreement ☐ Public Hearing ☒ Discussion & Direction

Summary: On May 1, 2017, the Engineering Department received the Master Preliminary Plat of Huntington Place for review. This subdivision is in the City of Alvin’s Extraterritorial Jurisdiction (ETJ) located at the northeast corner of FM 521 and Juliff-Manvel Road intersection. This Preliminary Plat consists of 878 lots, 30 reserves and 18 blocks. This plat complies with all requirements of the City’s Subdivision Ordinance.

Master Preliminary Plats of Huntington Place were originally approved by the City in 2007 and 2010, but have since expired since they are only valid for a period of five years.

The City Planning Commission unanimously approved the plat at their meeting on May 16, 2017.

Staff recommends approval.

Funding Expected: Revenue Expenditure N/A X Budgeted Item: Yes No N/A X

Funding Account: Amount: 1295 Form Required? Yes No X

Legal Review Required: N/A Required X Date Completed: 5/25/17

Supporting documents attached:

Master Preliminary Plat of Huntington Place Recommendation: Move to approve the master preliminary plat of Huntington Place (located in the

City of Alvin’s ETJ at the northeast corner of the FM 521 and Juliff-Manvel Road intersection), being a subdivision of 231.520 acres of land situated in the William Pettus League Survey, Abstract 68, Fort Bend County, Texas, being out of and part of lots 1-9, 39, 40 and 41, Emigration Land Company, a subdivision recorded in volume 618, page 725, Deed Records of Fort Bend County, Texas.

Reviewed by Department Head, if applicable ☒ Reviewed by Chief Financial Officer, if applicable ☐

Reviewed by City Attorney, if applicable ☒ Reviewed by City Manager ☒

Agenda Commentary


Department: Engineering Contact: Michelle Segovia, City Engineer Agenda Item: Consider a master preliminary plat of Martha’s Vineyard, (located northwest of the

Highway 6 and CR 146 intersection), being a planned unit development of 103.0684 acres of land in the City of Alvin Extra Territorial Jurisdiction (ETJ).


Summary: On May 1, 2017, the Engineering Department received the master preliminary plat of Martha’s Vineyard for review. The property is located northwest of the Highway 6 and CR 146 intersection in the City of Alvin Extraterritorial Jurisdiction (ETJ) and is being subdivided for a new single family residential planned unit development subdivision containing 315 lots and 19 reserves. The Developer plans to construct the subdivision in three sections. The subdivision will be serviced by City utilities via an ETJ Municipal Utility District (MUD) based on the utility services contract that was approved by Council on February 4, 2016, in Resolution 16-R-02. This plat complies with all requirements of the City’s Subdivision Ordinance. The Planning Commission unanimously approved the plat at their meeting on May 16, 2017. Staff recommends approval.


Funding Account: Amount: 1295 Form Required? Yes No

Legal Review Required: N/A X Required Date Completed: Supporting documents attached:

Master Preliminary Plat of Martha’s Vineyard

Recommendation: Move to approve the master preliminary plat of Martha’s Vineyard, (located

northwest of the Highway 6 and CR 146 intersection), being a planned unit development of 103.0684 acres of land in the City of Alvin Extra Territorial Jurisdiction (ETJ).



Agenda Commentary


Department: Engineering Contact: Michelle Segovia, City Engineer

Agenda Item: Consider final plat of Martha’s Vineyard Section 1, being a planned unit development of 50.5998 acres (located northwest of the Highway 6 and CR 146 intersection), a partial replat of lots 1, 2, and 8, of the subdivision of Section 21, as recorded in volume 21, page 186 B.C.D.R. and located in the H.T. and B.R.R. Company Survey, Section 21 abstract 230, City of Alvin ETJ, Brazoria County, Texas.


Summary: On May 1, 2017, the Engineering Department received the final plat of Martha’s Vineyard Section 1 for review. This section consists of one hundred forty-three (143) single-family residential lots, eight (8) blocks and eight (8) reserves, and is located northwest of the intersection of Highway 6 and County Road 146 in the City of Alvin’s Extraterritorial Jurisdiction (ETJ), and will be serviced by City utilities via an ETJ Municipal Utility District (MUD) based on the utility services contract that was approved by Council on February 4, 2016, in Resolution 16-R-02. The property is being subdivided for a new single family residential planned unit development subdivision. This plat complies with all requirements of the City’s Subdivision Ordinance.

The Planning Commission unanimously approved the plat at their meeting on May 16, 2017.

Staff recommends approval.



Legal Review Required: N/A X Required Date Completed:

Supporting documents attached: Final Plat of Martha’s Vineyard Section 1

Recommendation: Move to approve the Final Plat of Martha’s Vineyard Section 1, being a planned unit

development of 50.5998 acres (located northwest of the Highway 6 and CR 146 intersection), a partial replat of lots 1, 2, and 8 of the subdivision of Section 21, as recorded in volume 21, page 186 B.C.D.R. and located in the H.T. and B.R.R. Company Survey, Section 21 abstract 230, City of Alvin ETJ, Brazoria County, Texas.



Agenda Commentary


Department: Police Contact: Chief Robert E Lee Agenda Item: Consider the appointment of James Muhl as a reserve officer for the Alvin Police

Department.


Summary: In April 2017, James Muhl, a 12-year veteran officer, left the Alvin Police Department to pursue a non-law enforcement career. During his tenure Officer Muhl proved himself a capable and hardworking individual who amassed a significant number of in-service training hours during his tenure. Upon his resignation, he expressed his desire to continue to serve the City of Alvin and Alvin Police Department as a reserve officer.

Prior to his being appointed to serve in a reserve capacity City Ordinance Sec. 15-53. - Appointment, approval and removal of members, states that “no person appointed to the police reserve force may carry a weapon or otherwise act as a peace officer until he/she has been approved by city council.”

As a reserve officer for Alvin Police Department Muhl would be subject to the same training standards and regulations as a full-time officer. In addition, he would be required to complete a minimum number of hours yearly in order to remain a reserve officer.

Staff recommends the appointment of former Alvin Police Department Officer James Muhl as a reserve Alvin Police Department Officer.



Legal Review Required: N/A X Required Date Completed: Supporting documents attached:

Recommendation: Move to approve the appointment of James Muhl as a reserve officer for the Alvin Police Department.

Reviewed by Department Head, if applicable ☐ Reviewed by Chief Financial Officer, if applicable ☐


Agenda Commentary


Department: Economic Development Contact: Larry Buehler, Director of Economic Dev. Agenda Item: Consider Resolution 17-R-16, authorizing a developer agreement with Don Barras

Development, LLC toward the construction of the St. James Senior Residential Development.

Type of Item: ☐Ordinance ☒Resolution ☒Contract/Agreement ☐ Public Hearing ☐ Discussion & Direction

Summary: Don Barras Development, LLC (the “Company”), 1300 Plantation, Alvin, Texas 77511, intends to construct a senior residential development and a commercial development (the “Improvements”), in the extra territorial jurisdiction (ETJ) of the City of Alvin and be annexed into the City of Alvin, located along the proposed FM 528 Extension between Business 35 and State Highway 6. The Company expects the senior residential development will provide twelve (12) buildings, housing 120 single-story units with parking, and will be age-restricted for one resident to be at least 55 years of age, and no residents shall be under 50 years of age. The Company agrees that it will submit a letter requesting annexation contemporaneously with the execution of this Agreement, and such annexation will be acted upon by the City upon completion of the senior residential development. Additional elements of the agreement are:

There will be 12 buildings with 10 units per building.

The buildings will be single story with 2 parking spots per unit.

The Company will construct all infrastructure to connect to City utilities (water and sewer).

The Company will construct the portion of the FM 528 extension from Heights Road to the driveway for the apartments.

The Company will present a marketing plan for the commercial tract, as described in Exhibit “B” to this agreement, within 6 months of the completion of the 120 senior residential apartments, and the site will be developed as the market warrants.

The Company will submit a letter requesting voluntary annexation.

All construction will be permitted through the City of Alvin.

All other portions of the ordinance will be followed by the Company /owner.

The agreement will be active until the senior residential apartments the commercial development and all construction associated with it is complete.

The City will annex the property upon completion of the senior residential apartments and all associated construction.

The City will allow the senior residential apartments to be constructed on the 12.25-acre site in the City of Alvin extra territorial jurisdiction (ETJ).

The City will allow for the secondary roadway to be limestone and only used for emergency services, until the commercial development triggers street construction per the city ordinances and building codes.

All other portions of the city ordinances will be followed by the developer.



Legal Review Required: N/A Required X Date Completed: 5/25/17

Supporting documents attached:

Resolution 17-R-16 Developers Agreement Annexation Request Letter Seniors Development Plans

Recommendation: Move to approve Resolution 17-R-16 for a developer agreement with Don Barras

Development, LLC toward the construction of the St. James Senior Residential Development.



RESOLUTION NO. 17-R-16

A RESOLUTION BY THE COUNCIL OF THE CITY OF ALVIN, TEXAS, SUPPORTING A DEVELOPER AGREEMENT TOWARD THE CONSTRUCTION OF THE ST. JAMES SENIORS RESIDENTIAL DEVELOPMENT WITH A COMMERCIAL COMPONENT; AND SETTING FORTH RELATED MATTERS THERETO.

WHEREAS, pursuant to Article III, Section 52-a of the Texas Constitution and Chapter

380 of the Texas Local Government Code, it is the established policy of the City to adopt such reasonable programs and measures from time-to-time, as are permitted by law, to promote local economic development, to attract industry, create and retain primary jobs, expand the growth of the City, to stimulate business and commercial activity in the City, and thereby enhance the economic stability and growth of the City; and

WHEREAS, Don Barras Development, LLC (the “Company”), 1300 Plantation, Alvin, Texas 77511, intends to construct a senior residential development and a commercial development (the “Improvements”), in the extra territorial jurisdiction (ETJ) of the City of Alvin and be annexed into the City of Alvin, located along the proposed FM 528 Extension between Business 35 and State Highway 6, Alvin, Brazoria County, Texas (the “Property”), and more particularly described in Exhibit “A,” attached hereto and made a part hereof; and

WHEREAS, the Company expects the senior residential development will provide twelve (12) buildings, housing 120 single-story units with parking, and will be age-restricted for one resident to be at least 55 years of age, and no residents shall be under 50 years of age, as described in Exhibit “B;” and

WHEREAS, on November 14, 2016, the Company and City staff held a pre-development meeting to discuss the senior residential development, where the proposal to the City required certain administrative actions to permit the construction of the senior residential development; and

WHEREAS, the Company agrees, that it will submit a letter requesting annexation contemporaneously with the execution of this Agreement, and such annexation will be acted upon by the City upon completion of the senior residential development; and

WHEREAS, the City agrees that to induce the Company to construct the Improvements on the Property, it will take all lawful and appropriate administrative actions (collectively the “Actions”) to permit and authorize the construction and operation of the Property as set forth in Exhibit “C,” attached hereto and made a part hereof; and

WHEREAS, the Company has agreed, in exchange and as consideration for the Actions, to satisfy and comply with certain terms and conditions of this Agreement; and

WHEREAS, this Agreement is found by the City Council of the City to be suitable for the stimulation and development of business operations at the Property, the increase of taxable

property in the City, the development and improvement to existing property, and a better quality of place/life for the community, the creation of construction jobs and the economic benefit for the City in general, and for the property values of property immediately adjacent to the Property; and

WHEREAS, the City Council has considered the matter and deems it in the public interest to authorize this action.

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

CITY OF ALVIN, TEXAS: Section 1. Findings. The foregoing recitals are hereby found to be true and correct and

are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact.

Section 2. Open Meetings. It is hereby officially found and determined that the meeting

at which this resolution was passed was open to the public as required and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act, Chapter 551, Texas Government Code.

Section 3. Effective Date. This resolution shall take effect upon its adoption.

PASSED AND APPROVED on this the _____ day of ____________, 2017 ATTEST: CITY OF ALVIN, TEXAS By: __________________________ By:____________________________

Dixie Roberts, City Clerk Paul A. Horn, Mayor

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AGREEMENT

THE STATE OF TEXAS § § COUNTY OF BRAZORIA §

KNOW ALL MEN BY THESE PRESENTS:

This AGREEMENT (the “Agreement”) is made and entered into by and between the City of Alvin, a Texas home rule municipality organized under the Constitution and laws of the State of Texas, located in Brazoria County, Texas (the “City”), and Don Barras Development, LLC (the “Company”), 1300 Plantation, Alvin, Texas 77511.

WITNESSETH:

WHEREAS, pursuant to Article III, Section 52-a of the Texas Constitution and Chapter 380 of the Texas Local Government Code, it is the established policy of the City to adopt such reasonable programs and measures from time-to-time, as are permitted by law, to promote local economic development, to attract industry, create and retain primary jobs, expand the growth of the City, to stimulate business and commercial activity in the City, and thereby enhance the economic stability and growth of the City; and

WHEREAS, the Company intends to construct a senior residential development and a commercial development (the “Improvements”), in the extra territorial jurisdiction (ETJ) of the City of Alvin and be annexed into the City of Alvin, located along the proposed FM 528 Extension between Business 35 and State Highway 6, Alvin, Brazoria County, Texas (the “Property”), and more particularly described in Exhibit “A,” attached hereto and made a part hereof; and

WHEREAS, the Company expects the senior residential development will provide twelve (12) buildings, housing 120 single-story units with parking, and will be age-restricted for one resident to be at least 55 years of age, and no residents shall be under 50 years of age, as described in Exhibit “B;” and

WHEREAS, on November 14, 2016, the Company and City staff had a pre-development meeting to discuss the senior residential development as described in the site plan, Exhibit “D,” where the proposal to the City required certain administrative actions to permit the construction of the senior residential development; and

WHEREAS, the Company agrees, that it will submit a letter requesting annexation contemporaneously with the execution of this Agreement, and such annexation will be acted upon by the City upon completion of the senior residential development; and

WHEREAS, the City agrees that to induce the Company to construct the Improvements on the Property, it will take all lawful and appropriate administrative actions (collectively the

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“Actions”) to permit and authorize the construction and operation of the Property as set forth in Exhibit “C ,” attached hereto and made a part hereof; and

WHEREAS, the Company has agreed, in exchange and as consideration for the Actions, to satisfy and comply with certain terms and conditions of this Agreement; and

WHEREAS, this Agreement is found by the City Council of the City to be suitable for the stimulation and development of business operations at the Property, the increase of taxable property in the City, the development and improvement to existing property, and a better quality of place/life for the community, the creation of construction jobs and the economic benefit for the City in general, and for the property values of property immediately adjacent to the Property;

NOW, THEREFORE, in consideration of the premises and the mutual benefits and obligations set forth herein, including the recitals set forth above, the City and the Company agree as follows:

1. This Agreement shall be effective as of the date of its execution as set forth below (the “Effective Date”) and terminate upon full completion of the residential and commercial buildout of the development, unless extended by mutual agreement of the City Council and the Company.

2. The Company agrees that its obligations under this paragraph to render the Property and the Improvements for taxation to the Brazoria County Appraisal District (BCAD) shall survive any termination of this Agreement, including a termination for default by the Company.

3. The Company agrees that it will acquire the Property and begin construction of the Improvements as set forth in Exhibit “B” no later than one hundred fifty (150) days after execution of this Agreement.

4. The Company agrees to acquire the Property and to deliver to the City Manager within ninety (90) days of the Effective Date of this Agreement, a certified copy of the recorded deed to the Property (the “Deed”). Thereafter, the Company agrees that the construction of the Improvements and the acquisition any required permits and licenses shall be started not more than one hundred fifty (150) days from the date the Deed is recorded in the deed records of Brazoria County, Texas (the “Record Date”).

5. The construction of the Improvements on the Property shall be completed in Two Phases:

a) Phase 1 shall consist of the senior residential development tract, and all items associated with it, as described in Exhibit “B” to this Agreement, will be completed not later than eighteen (18) months from the Record Date.

b) Phase 2 shall consist of the commercial tract, as described in Exhibit “B” to this Agreement, a marketing plan will be presented within six (6) months of Phase 1 completion, and the site will be developed as the market warrants.

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6. The Extensions of the deadlines outlined in 5(a) and (b) above, due to any extenuating circumstance or uncontrollable delay, may be granted at the sole discretion of the City Council of the City. A failure by the Company to construct the improvements within these time deadlines, without an extension of a deadline by the City Council, shall constitute an event of default for which the City may terminate this Agreement.

7. If Company has not satisfied the requirements and conditions within the time

frames described herein, including, acquiring the Property, receiving the permits and licenses, and construction of Phase 1 and Phase 2 as described above, the City may terminate this Agreement, and the City may, at its discretion, restrict continuing and/or future improvements to the development, subject to Company supplying any necessary items to ensure the completion of the development as laid out in this Agreement.

8. The Company agrees that within ten (10) days of the completion of the renovation

and construction of the Improvements in each Phase, it will provide the City with a copy of any and all appraisals it has provided to any financial institution providing loans or financing to the Company for the acquisition of the Property or construction of the Improvements for each Phase, as to (1) the value of the real property, and (2) the value of the completed Improvements and fixtures made by or behalf of the Company.

9. The Company acknowledged in its application to the City for a “public subsidy,”

as defined by Article 2264.001(3) of the Texas Government Code, and further agrees that it does not and will not knowingly employ an undocumented worker in any aspect of the construction of the Improvements. An “undocumented worker” shall mean an individual who, at the time of employment, is not (a) lawfully admitted for permanent residence to the United States, or (b) authorized by law to be employed in that manner in the United States.

10. In consideration of the Company’s representations, promises, and covenants, the

City agrees to undertake the Actions to induce and cause the Company to purchase the Property and undertake the construction of the Improvements. The City agrees to take the Actions on behalf of the Company within thirty (30) days of receipt of a letter from the Company requesting such Actions, which letter shall also include a verification from the City acknowledging that all necessary plats, plans, and specifications have been received, reviewed, and approved.

11. It is understood and agreed by the parties that in the event of a default by the

Company to render its ad valorem taxes to the BCAD in a timely manner, as required by paragraph 2 herein, the Company shall reimburse the City the full amount of the ad valorem taxes it would have paid had the company rendered its property to the BCAD as required by this Agreement, with interest at the rate equal to the 90-day Treasury Bill, plus one-half percent per annum, within thirty (30) days after the City notifies the Company of the default.

12. It is further understood and agreed by the parties that if the Company is convicted

of a violation under 8 U.S.C. Section 1324a(f), the City may declare such conviction to be a material event of default of this Agreement and terminate this Agreement within thirty (30) days after the City notifies the Company of such default.

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13. As provided by section 2264.101(a) of the Texas Government Code, the Company agrees and acknowledges that the City may bring a civil action against the Company to recover any amounts, or to declare the Company in default, for a conviction of a violation under 8 U.S.C Section 1342a(f).

14. Any party in default of an obligation under this Agreement shall be responsible

for the court costs and reasonable attorney’s fees of the non-defaulting party for any action brought under this Agreement.

15. This Agreement shall inure to the benefit of and be binding upon the City and the

Company, and upon the Company's successors and assigns, affiliates, and subsidiaries, and shall remain in force whether the Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the Property, and the agreements herein contained shall be held to be covenants running with the Property for so long as this Agreement, or any extension thereof, remains in effect.

16. Any notice provided or permitted to be given under this Agreement must be in

writing and may be served by (i) depositing the same in the United States mail, addressed to the party to be notified, postage prepaid, registered or certified mail, return receipt requested; or (ii) by delivering the same in person to such party; or (iii) by overnight or messenger delivery service that retains regular records of delivery and receipt; or (iv) by facsimile; provided a copy of such notice is sent within one (1) day thereafter by another method provided above. The initial addresses of the parties for the purpose of notice under this Agreement shall be as follows: If to City: The City of Alvin Alvin City Hall

216 West Sealy Alvin, Texas 77511 Attn: City Manager

If to Company: Don Barras Development, LLC 1300 Plantation Alvin, Texas 77511

Attention: Don Barras

17. This Agreement shall be performable and enforceable in Brazoria County, Texas, and shall be construed in accordance with the laws of the State of Texas.

18. Except as otherwise provided in this Agreement, this Agreement shall be subject

to change, amendment, or modification only in writing, and by the signatures and mutual consent of the parties hereto, and, in the case of the City, with the approval of the City Council.

19. The failure of any party to insist in any one or more instances on the performance

of any of the terms, covenants or conditions of this Agreement, or to exercise any of its rights,

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shall not be construed as a waiver or relinquishment of such term, covenant, or condition, or right with respect to further performance.

20. This Agreement shall bind and benefit the respective Parties and their legal

successors and shall not be assignable, in whole or in part, by any party without first obtaining written consent of the other party, which shall not be reasonably withheld or delayed. Notwithstanding anything to the contrary, Company may assign all or part of its rights or obligations without the prior consent of the City to a third-party lender advancing funds for the acquisition, construction, or operation of the Business.

21. In the event any one or more words, phrases, clauses, sentences, paragraphs,

sections, or other parts of this Agreement, or the application thereof to any person, firm, corporation, or circumstance, shall be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, phrases, clauses, sentences, paragraphs, sections, or other parts of this Agreement shall be deemed to be independent of and severable from the remainder of this Agreement, and the validity of the remaining parts of this Agreement shall not be affected thereby.

22. Any delay or failure in the performance by either party hereunder shall be

excused if and to the extent caused by the occurrence of a Force Majeure. For purposes of this Agreement, Force Majeure shall mean a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of the party claiming Force Majeure, including acts of God, fires, floods, explosions, riots, wars, hurricane, sabotage terrorism, vandalism. accident, restraint of government, governmental acts, injunctions, labor strikes, other than those of Company, that prevent Company from performing its obligations in this Agreement, and other like events that are beyond the reasonable anticipation and control of the party affected thereby, despite such party's reasonable efforts to prevent, avoid, delay, or mitigate the effect of such acts, events or occurrences, and which events or the effects thereof are not attributable to a party's failure to perform its obligations under this Agreement.

IN TESTIMONY OF WHICH, THIS AGREEMENT has been executed by the Mayor on this ______ day of ________________ 2017 (the “Effective Date”) and the Company.

ATTEST: City of Alvin, Texas

By:______________________________ By: Dixie Roberts Paul A. Horn, Mayor City Secretary Signed this the day of , 2017

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ATTEST: Don Barras Development, LLC

By:______________________________ By: Printed Name: Printed Name:____________________ Title: Title: Signed this the day of , 2017

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ACKNOWLEDGMENT

THE STATE OF TEXAS § §

COUNTY OF BRAZORIA §

This instrument was acknowledged before me on the _____ day of________________ 2017, by _____________________________ of the City of Alvin, Texas, for and on behalf of said City.

___________________________________ Notary Public in and for the State of Texas

My Commission Expires: __________

(SEAL)

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ACKNOWLEDGMENT

THE STATE OF TEXAS § §

COUNTY OF BRAZORIA §

This instrument was acknowledged before me on the _____ day of _________________ 2017, by Don Barras, for and on behalf of said Company.

__________________________________________ Notary Public in and for the State of Texas

My Commission Expires: __________

(SEAL)

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Exhibit “A”

Description of Property

BEING 23.7888 ACRES OF LAND OUT OF A CALL 26.84 ACRE TRACT RECORDED IN BRAZORIA COUNTY CLERK’S FILE NO. (97)024069 BEING SAID LOTS 1, 2, AND 25 (LESS AND EXCEPT 1/2 ACRE OUT OF LOT 25 PREVIOUSLY CONVEYED TO THE CITY OF ALVIN, TEXAS) OUT OF THE SOUTH ONE-HALF OF SECTION 21 HOOPER AND WADE SURVEY, ABSTRACT NO. 421, BRAZORIA COUNTY, TEXAS

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Exhibit “B”

Proposal of Don Barras Development, LLC

Don Barras Development, LLC propose the following:

To develop 120 senior residential apartments in a 12.25-acre site within the total 26.84 acres tract in the City of Alvin extra territorial jurisdiction (ETJ).

The development will be age restricted to one resident must be 55 years old and no one under 50 years old will reside in the development.

There will be 12 buildings with 10 units per building.

The buildings will be single story with 2 parking spots per unit.

The Company will construct all infrastructure to connect to City utilities (water and sewer).

The Company will construct the portion of the FM 528 extension to city standards from Heights Road to the driveway for the apartments.

The Company will present a marketing plan for the commercial tract, as described in Exhibit “B” to this Agreement, within 6 months of the completion of the 120 senior residential apartments, and the site will be developed as the market warrants.

The developer will submit a letter requesting voluntary annexation.

All construction will be permitted through the City of Alvin.

All other portions of the ordinance will be followed by the Company/owner.

The agreement will be active until the senior residential apartments, the commercial development, and all construction associated with it is complete.

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Exhibit “C”

The City Administrative Actions

• The City will annex the property upon completion of the senior residential apartments and all associated construction.

• The City will allow the senior residential apartments to be constructed on the 12.25-acre site in the City of Alvin extra territorial jurisdiction (ETJ).

• The City will allow for the secondary roadway, from the improved FM 528 Extension that goes to the main entrance to the apartments to the secondary entrance to the apartments, to be limestone and only used for emergency services, until the commercial development triggers street construction per the city ordinances and building codes.

• All other portions of the city ordinances will be followed by the developer.

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Agenda Commentary


Department: City Manager Contact: Junru Roland, ACM/CFO Agenda Item: Consider Ordinance 17-J, of the City of Alvin amending Chapter 28, Comprehensive Fee

Ordinance of the Code of Ordinances, for the purpose of revising certain water and wastewater fees for residential and commercial customers; and adopting a five-year schedule of water and wastewater rates, providing for a ten percent (10%) penalty for late payment; providing for an effective date of October billing cycles for the following years: 2017, 2018, 2019, 2020, and 2021; and setting forth other provisions related thereto.

Type of Item: ☒Ordinance ☐Resolution ☐Contract/Agreement ☐ Public Hearing ☐ Discussion & Direction

Summary: The City’s Comprehensive Master Plan encourages the City to evaluate its Capital Improvement Program to ensure that utility extensions and capacity improvement projects are consistent with the defined growth area. In doing so, in February 2014, the City engaged the services of Freese and Nichols to draft a Utility Master Plan (UMP). The Utility Master Plan was completed in April 2016, and identified approximately $92M in utility projects to be completed over the next 20 years. These improvements are necessary to provide for future growth, replace aging infrastructure, improve efficiency, and keep the City in compliance with TCEQ regulations.

In May 2016, the City engaged Freese & Nichols to perform a water & wastewater (w/water) rate study to develop a multi-year plan of rate increases that would provide sufficient revenue to implement the first five years of capital improvements identified in the Utility Master Plan. The total projected cost of projects for the first 5 years is approximately $42M. The projects identified for the first 5 years are needed to address the existing water/wastewater system problems and needed to serve anticipated growth within the next 5 years that the existing system does not have the capacity to currently serve.

In February 2017, the City held a city council workshop in which Freese and Nichols presented the results of the water & wastewater rate study. The study identified the need to increase water & wastewater rates to implement the projects identified in the UMP.

The city ordinance requires that water and wastewater rates be increased, at minimum based on the annual consumer price index for all urban consumers (CPI-U) for the Houston-Galveston-Brazoria area; and allows the consideration of other factors to determine if additional increase in water and wastewater rates is warranted. The CPI-U has increased by 2%; however, additional revenue is warranted to implement the projects identified in the first five-year of the UMP. The City is proposing the following percentage increases in water and wastewater rates for fiscal years 2018 through 2022:

Fiscal Year Proposed % Increase Potential Increase to the Average Monthly Water &

Wastewater Residential RatesFY18 (Effective October 2017) 13% $6.08 FY19 (Effective October 2018) 17% $8.99 FY20 (Effective October 2019) 20% $12.38 FY21 (Effective October 2020) 6% $4.46 FY22 (Effective October 2021) 6% $4.72

The proposed water and wastewater rate proposals for the next five years are as follows:

WATER RATES Current FY 2017-18

FY 2018-19

FY 2019-20

FY 2020-21

FY 2021-22

Base up to 2,000 Gallons Residential $11.46 $12.95 $15.15 $18.18 $19.27 $20.43 Commercial $12.03 $13.59 $15.90 $19.09 $20.23 $21.44

Per 1000 (2001 – 7000) $2.93 $3.31 $3.87 $4.65 $4.93 $5.22 Per 1,000 (7,001- above) $4.47 $5.05 $5.91 $7.09 $7.52 $7.97

WASTEWATER RATES Current FY

2017-18 FY

2018-19 FY

2019-20 FY

2020-21 FY

2021-22 Base up to 2,000 Gallons Residential $17.77 $20.08 $23.49 $28.19 $29.88 $31.68 Commercial $18.28 $20.66 $24.17 $29.00 $30.74 $32.59

Per 1,000 (2,001-above) $2.93 $3.31 $3.87 $4.65 $4.93 $5.22

The revenue generated from these rate increases will be used to fund the UMP capital improvement program, the water & wastewater operations & maintenance, and the annual P&I on present and future bond issues. Future bond issues will be amortized over a 20-year period, which is the approximate useful life of the capital improvements.

Should council not elect to increase water and wastewater rates, the City will not be able to implement the projects identified in the first five years of the UMP.

Funding Expected: Revenue X Expenditure N/A Budgeted Item: Yes No N/A


Legal Review Required: N/A Required X Date Completed: Supporting documents attached:

Ordinance 17-J

Recommendation: Move to approve Ordinance 17-J, of the City of Alvin amending Chapter 28, Comprehensive Fee Ordinance of the Code of Ordinances, for the purpose of revising certain water and sewer fees for residential and commercial customers; and adopting a five-year schedule of water and wastewater rates, providing for a ten percent (10%) penalty for late payment; providing for an effective date of October billing cycles for the following years: 2017, 2018, 2019, 2020, and 2021; and setting forth other provisions related thereto.

Reviewed by Department Head, if applicable ☒ Reviewed by Chief Financial Officer, if applicable ☒


ORDINANCE NO. 17-J

AN ORDINANCE AMENDING CHAPTER 28, COMPREHENSIVE FEE ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF ALVIN, TEXAS, FOR THE PURPOSE OF REVISING CERTAIN WATER AND SEWER FEES FOR RESIDENTIAL AND COMMERCIAL CUSTOMERS AND ADOPTING A FIVE-YEAR SCHEDULE OF WATER AND WASTEWATER RATES; PROVIDING FOR A TEN PERCENT (10%) PENALTY FOR LATE PAYMENT; PROVIDING FOR AN EFFECTIVE MONTH OF OCTOBER BILLING CYCLES FOR THE FOLLOWING FIVE YEARS: 2017, 2018, 2019, 2020, AND 2021; AND SETTING FORTH OTHER PROVISIONS RELATED THERETO.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALVIN: Section 1. That Section 28-2 of the Code of Ordinances of the City of Alvin, Texas is hereby amended by revising the water and sewer fees as follows:

“Sec. 28-2. In General. . . . WATER AND SEWER . . . (10) Water rates (monthly charges):

Inside the city limits:

For the first increment of water usage up to and including 2,000 gallons, minimum rate:

FY 2017-18

FY 2018-19

FY 2019-20

FY 2020-21

FY 2021-22

For residential and multi-family users

$12.95 $15.15 $18.18 $19.27 $20.43

For commercial users $13.59 $15.90 $19.09 $20.23 $21.44

(a) For residential and multi-family users ………………………… $11.46 (b) For commercial users ………………………………………… $12.03

For the second increment of water usage from 2,001 - 7,000 gallons of water, per 1,000 gallons .........................................................................................$2.93

FY 2017-18

FY 2018-19

FY 2019-20

FY 2020-21

FY 2021-22

$3.31 $3.87 $4.65 $4.93 $5.22

Ord. 17-J Page 2 of 4

For the third increment of water usage from 7,001 gallons and above, per 1,000 gallons ....................................................................................................$4.47

FY

2017-18 FY

2018-19 FY

2019-20 FY

2020-21 FY

2021-22 $5.05 $5.91 $7.09 $7.52 $7.97

Outside the city limits:

One and one-half times the charge applied inside the city limits for the same water usage. Malfunctioning water meter that fails to register consumption - Average daily consumption as shown when meter operating properly.

Bulk Water: Bulk water Fee………………………………………………….$30 per 1,000 gallons

Brazoria County Groundwater Conservation District user fee: For the first increment of water usage up to and including 2,000 gallons, minimum rate ………………………………………………………….. $0.08 For the second increment of water usage, from 2,001 gallons of water, per 1,000 gallons ……………………………………………………….. $0.04 TCEQ (Texas Commission on Environmental Quality) user fee: ……… $0.50

(11) Wastewater rates (monthly charges):

Inside the city limits (for residents with water and sewer service):

For the first increment of water usage up to and including 2,000 gallons of water, minimum rate:

FY 2017-18

FY 2018-19

FY 2019-20

FY 2020-21

FY 2021-22

For residential and multi-family users

$20.08 $23.49 $28.19 $29.88 $31.68

For commercial users $20.66 $24.17 $29.00 $30.74 $32.59

(a) For residential and multi-family users ...........................................................$17.77 (b) For commercial users ....................................................................................$18.28 For the additional incremental water usage in excess of 2,000 gallons, per 1,000 gallons ...................................................................................................$ 2.93


FY 2107-18

FY 2018-19

FY 2019-20

FY 2020-21

FY 2021-22

$3.31 $3.87 $4.65 $4.93 $5.22

Inside the city limits (for residents with city sewer service only):

Monthly charge …………………………………………………………...$41.26

FY

2017-18FY

2018-19 FY

2019-20 FY

2020-21 FY

2021-22

Monthly Charge $46.62 $54.55 $64.46 $69.39 $73.55

Unless determined by the director of public works that the usage would greatly exceed that normally used by a standard commercial business or residence. In that case, an appropriate charge shall be determined by the director of public works on the basis of a comparable use in the city.

Outside the city limits:

One and one-half times the charge applied inside the city limits for the same usage.

(17) Beginning with the October, 2015 billing cycles, and each year thereafter, the water and sewer rates shall be increased, at a minimum, based on the annual CPI-U rate using the preceding April data of that year. The Council may also use other factors to determine any additional increase. The rates, set in subsections (10) and (11) above, shall be automatically adjusted with the October billing cycles of each year. *As used herein, "CPI-U" shall mean the revised consumer price index rate for all urban consumers (all items included) for the Houston-Galveston-Brazoria, TX area, based on the latest available figures from the Department of Labor's Bureau of Labor Statistics (the "bureau").

. . .

Section 2. That except as specifically amended herein all other provisions of Chapter 28 of the Code of Ordinances, City of Alvin, Texas shall remain in full force and effect. To the extent of any conflict or inconsistency between the provisions of this Ordinance and any other ordinance, the provisions of this Ordinance shall control. That all rights and remedies which have accrued in favor of the City under Chapter 28 and any amendments thereto shall be and are preserved for the benefit of the City. Section 3. Severability Clause. If any section, clause, sentence, or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. Section 4. Publication. The City Clerk of the City of Alvin is hereby directed to publish this ordinance, or its caption and penalty clause, in one issue of the official City newspaper as required by Chapter 52 of the Texas Local Government Code and the City of Alvin Charter.


Section 5. Proper Notice and Meeting. It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act, Chapter 551 of the Texas Government Code. Notice was also provided as required by Chapter 52 of the Texas Local Government Code and the City of Alvin Charter. Section 6. Effective Date. This ordinance shall take effect beginning with the October 2017 billing cycles from and after its passage in accordance with the provisions of Chapt. 52, Tex. Loc. Gov't. Code and the City of Alvin Charter. PASSED AND APPROVED on first and final reading, this ____ day of _____________, 2017. ATTEST: CITY OF ALVIN, TEXAS By: ______________________________ By: __________________________________


Agenda Commentary


Department: Convention Visitors Bureau (CVB) Contact: Junru Roland ACM Agenda Item: Consider Resolution 17-R-17, creating the Hotel Occupancy Tax (HOT) Fund Committee;

establishing the membership, terms of office and qualifications of the committee; defining the purpose of the committee; and setting forth other provisions related thereto.

Type of Item: ☐Ordinance ☒Resolution ☐Contract/Agreement ☐ Public Hearing ☒ Discussion & Direction

Summary: The City of Alvin collects Hotel Occupancy Tax (HOT) from hotels, and other lodging facilities. Under state law, revenue from municipal hotel occupancy tax may be used only to promote tourism and the convention and hotel industry.

On May 18, 2017, staff and council held a special workshop in which council expressed the following guidelines concerning the CVB program:

1) The City would maintain direct oversight over the CVB program 2) The implementation of an application and post event report 3) Creation of an “independent” HOT Fund Committee

The HOT Fund Committee would include: A minimum of 3 members representing the interest of the hotel and/or convention industry Owners/Managers of tourist attractions Representatives of organizations involved in allowable use categories of the HOT tax code

The functions of the HOT Fund committee would be to: 1) review applications from groups or organizations applying for HOT funds 2) evaluate whether the event/project fits within the laws of the use for HOT funds as directed by the Texas

Tax Code 3) make initial funding recommendation to the City Council

Should City Council not elect to adopt Resolution 17-R-17, establishing an independent HOT Fund Committee, staff will assume the role and responsibilities proposed for the HOT Fund Committee.

Funding Expected: Revenue Expenditure N/A Budgeted Item: Yes No N/A

Funding Account: Amount: 1295 Form Required? Yes No

Legal Review Required: N/A Required X Date Completed:

Supporting documents attached: Proposed Resolution 17-R-17

Recommendation: Move to approve Resolution 17-R-17, creating the HOT Fund Committee;

establishing the membership, terms of office and qualifications of the committee; defining the purpose of the committee; and setting forth other provisions related thereto.

Reviewed by Department Head, if applicable ☒ Reviewed by Chief Financial Officer, if applicable ☒


RESOLUTION 17-R-17

A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF ALVIN, TEXAS, CREATING THE HOTEL OCCUPANCY TAX (HOT) FUND COMMITTEE; ESTABLISHING THE MEMBERSHIP, TERMS OF OFFICE AND QUALIFICATIONS OF THE COMMITTEE; DEFINING THE PURPOSE OF THE COMMITTEE; AND SETTING FORTH OTHER PROVISIONS RELATED THERETO.

WHEREAS, there is hereby created a Hotel Occupancy Tax (HOT) Fund Committee which shall include a minimum of three (3) members representing the interest of the hotel and convention industry. The other committee members may include owners/managers of tourist attractions; and/or representatives of organizations involved in allowable use categories of the tax code governing HOT funds; and

WHEREAS, members of the HOT Fund Committee shall be appointed by the City Council and shall serve unexpired terms; and

WHEREAS, the sole purpose of the HOT Fund Committee is to review applications from groups or organizations applying for HOT funding, and make initial funding recommendations to the City Council, who in turn will make the final decision on the allocation of funds; and

WHEREAS, each group, with an acceptable application, will be scheduled for a date and time to present their request to the Committee;

NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF

ALVIN, TEXAS:

Section 1. Findings. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact.

Section 2. Proceedings. That the City Council of the City of Alvin, Texas, approves the creation of the Hotel Occupancy Tax Fund Committee.

Section 3. Open Meetings. It is hereby officially found and determined that the meeting

at which this resolution was passed was open to the public as required and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act, Chapter 551, Texas Government Code.

Section 4. Effective Date. The resolution shall take effect upon the passage of this resolution.

PASSED AND APPROVED on this the ________ day of _________________________, 2017. ATTEST: CITY OF ALVIN, TEXAS By: _______________________________ By: ________________________________


Date post:	05-Mar-2018
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