City of Houston City Council met Aug. 22 & 23

City of Houston City Council met Aug. 22 & 23.

Here is the agenda provided by the council:

AGENDA - COUNCIL MEETING Tuesday, August 22, 2023 - 1:30 PM City Hall - In Person Meeting

PRESENTATIONS

2:00 P.M. – INVOCATION AND PLEDGE OF ALLEGIANCE

INVOCATION AND PLEDGE OF ALLEGIANCE - Council Member Martin ROLL CALL AND ADOPT THE MINUTES OF THE PREVIOUS MEETING

PUBLIC SPEAKERS - Pursuant to City Council Rule 8, City Council will hear from members of the public; the names and subject matters of persons who had requested to speak at the time of posting this Agenda are attached; the names and subject matters of persons who subsequently request to speak may be obtained in the City Secretary's Office.

NOTE: If a translator is required, please advise when reserving time to speak SP08-22-2023

RECESS

RECONVENE

WEDNESDAY - August 23, 2023 - 9:00 A. M.

DESCRIPTIONS OR CAPTIONS OF AGENDA ITEMS WILL BE READ BY THE CITY SECRETARY PRIOR TO COMMENCEMENT

HEARINGS

1. PUBLIC HEARING regarding the re-adoption of Article XII CHAPTER 32, CODE OF ORDINANCES, CITY OF HOUSTON, regarding Standards of Care for the Houston Parks & Recreation Department Youth Recreation Programs

2. ORDINANCE readopting the Houston Youth Recreation Program's Standards of Care as Codified at Article XII of Chapter 32 of the Code of Ordinances, Houston. Texas; containing findings and other provisions related to the subject; providing an effective date; providing for severability

MAYOR'S REPORT

CONSENT AGENDA NUMBERS 3 through 68

MISCELLANEOUS - NUMBERS 3 through 12

3. REQUEST from Mayor for confirmation of the appointment or reappointment of the following individuals to the EAST DOWNTOWN MANAGEMENT

DISTRICT BOARD OF DIRECTORS, for terms to expire June 1, 2027:

Position One - BRYAN S. HUCKE, reappointment

Position Two - KEVIN HANRATTY, reappointment

Position Three - MICHAEL SPERANDIO, appointment

Position Five - RANDOLPH LOREN WILE, appointment

Position Six - ANDRE BIJAN AZIZI, reappointment

Position Seven - R. DAVID DENENBURG, reappointment

Position Eight - STEPHANIE A. MACEY, reappointment

Position Nine - SHAHIN O. NAGHAVI, reappointment

4. REQUEST from Mayor for confirmation of the appointment or reappointment of the following individuals to the HOUSTON ARCHAELOGICAL AND HISTORICAL COMMISSION OF THE CITY OF HOUSTON, for a term to expire March 1, 2025:

Position One - ASHLEY ELIZABETH JONES, reappointment

Position Three - SHANTEL BLAKELY, appointment

Position Five - DAVID BUCEK, reappointment

Position Seven - JOHN COSGROVE, reappointment

Position Nine - STEVEN F. CURRY, reappointment

5. REQUEST from Mayor for confirmation of the reappointment of the following individuals to the MEMORIAL CITY MANAGEMENT DISTRICT BOARD OF DIRECTORS, for terms to expire June 1, 2027:

Position One - STEVEN W. GOSS

Position Two - C. BEAU HARRISON

Position Three - DAN MOODY, III

Position Four - WILLIAM M. MOSLEY, JR.

Position Five - ALAN STEINBERG

Position Six - PERRY HICKS

6. REQUEST from Mayor for confirmation of the appointment of MARY SIAS to Position Nine of the HOUSTON COMMISSION ON DISABILITIES, for a term to expire July 2, 2025

7. REQUEST from Mayor for confirmation of the appointment or reappointment of the following individuals to the HOUSTON ZOO, INC BOARD OF DIRECTORS, for a term to expire June 30, 2026:

Position One - MICHAEL DISBERGER, reappointment

Position Two - SANJAY KALAVAR, reappointment

Position Three - KERRY GALVIN, reappointment

Position Four - NANCY PUSTKA, appointment

8. REQUEST from Mayor for confirmation of the reappointment of the following individuals to the GREATER SOUTHEAST MANAGEMENT DISTRICT BOARD OF DIRECTORS, for terms to expire June 1, 2027:

Position Nine - ALTON HUDSON

Position Ten - CYDONII FAIRFAX MILES

Position Eleven - KAREN CARTER RICHARDS

Position Twelve - CHRIS HAGENEY

Position Thirteen - TEDDY A. MCDAVID

Position Fourteen - BRIAN G. SMITH

Position Fifteen - ABDUL HALEEM MUHAMMAD (aka

ROBERT S. MUHAMMAD)

9. REQUEST from Mayor for confirmation of the appointment of DEANEA LEFLORE, to Position Seven of REINVESMENT ZONE NUMBER TWO (also known as the MIDTOWN ZONE) BOARD OF DIRECTORS, for a term to expire December 31, 2023

10. REQUEST from Mayor for confirmation of the appointment of DEANEA LEFLORE, to Position Seven of the MIDTOWN REDEVELOPMENT AUTHORITY BOARD OF DIRECTORS, for a term to expire December 31, 2023

11. REQUEST from Mayor for confirmation of the appointment of the following individuals to the HOUSTON PUBLIC LIBRARY FOUNDATION BOARD OF DIRECTORS, for a term to expire March 1, 2025:

Position Four - JESSICA KEMP ST. ROSE

Position Eight - MICHELE LE

Position Ten - JOHN MANGUM

Position Twelve - DIMITRI MILLAS

12. RECOMMENDATION from the Director Finance that the City Council approve a motion submitting the no-new revenue and voter-approval tax rates based on estimated tax roll information

ACCEPT WORK - NUMBERS 13 through 15

13. RECMMENDATION from Director Houston Public Works for approval of final contract amount of $3,117,726.57 and acceptance of work on contract with REYTEC CONSTRUCTION RESOURCES, INC for FY17 Local Drainage Project Work Order Construction Contract #2 - 3.92% over the original contract amount and under the 5% contingency amount - DISTRICTS A - PECK; B - JACKSON; D - EVANS-SHABAZZ; F - THOMAS; G - HUFFMAN and K - CASTEX-TATUM

14. RECOMMENDATION from Director Houston Public Works for approval of final contract amount of $1,001,074.42 and acceptance of work on contract with RELIANCE CONSTRUCTION SERVICES, L.P., for New Front Easement Reconnections - 1.41% over the original contract amount and under the 5% contingency amount - DISTRICTS C - KAMIN; D - EVANS SHABAZZ; G - HUFFMAN; H - CISNEROS and I - GALLEGOS

15. RECOMMENDATION from Director Houston Public Works for approval of final contract amount of $3,538,795.42 and acceptance of work on contract with BLASTCO TEXAS, INC for Rehabilitation of Water Storage Tanks - Package 12 - 3.65% under the original contract amount - DISTRICTS F - THOMAS; G - HUFFMAN; J - POLLARD and K - CASTEX-TATUM

PURCHASING AND TABULATION OF BIDS - NUMBERS 16 through 28

16. KYRISH TRUCK CENTER for Purchase of Nineteen (19) 33-Yard Automated Side-loading Refuse Trucks through the BuyBoard Purchasing Cooperative Agreement for the Fleet Management Department on behalf of the Solid Waste Management Department - $7,636,613.00 - Equipment Acquisition Consolidated Fund

17. SILSBEE FORD for Fifty-two (52) Hybrid Electric Ford F-150 Pick-up Trucks through the Texas Interlocal Purchasing System Cooperative Purchasing Agreement for the Fleet Management Department on behalf of Various Departments - $2,158,182.00 - Equipment Acquisition and Grant Funds

18. SILSBEE FORD for Seventeen (17) Hybrid Electric Ford F-150 Pick-up Trucks through the Texas Interlocal Purchasing System Cooperative Purchasing Agreement for the Fleet Management Department on behalf of Various Departments - $705,559.50 - Enterprise, Grant and Other Funds

19. APPROVE spending authority in the amount not to exceed $215,356.00 for Purchase of Modular Building Replacements for Fire Station 101 through the Interlocal Agreement for Cooperative Purchasing with the Texas Local Purchasing Cooperative (Choice Partners) for the General Services Department, awarded to ARIES BUILDING SYSTEMS, LLC

20. APPROVAL of Purchase of an IMOC (Interagency Marine Operations Center) Phase II Boat House and associated equipment through the Interlocal Agreement for Cooperative Purchasing with the Texas Local Purchasing Cooperative (Choice Partners) for the General Services Department on behalf of the Houston Police Department, awarded to BROWN & ROOT INDUSTRIAL SERVICES, LLC - $154,931.00 - Grant Fund

21. **PULLED – This item will not be considered on August 23, 2023 APPROVE spending authority in an amount not to exceed $138,566.40 for Emergency Purchase Orders for Influenza (Flu) Vaccines for seniors ages 65 years and older and youth six months and older citizens for Harris County Area Agency for the Houston Health Department, awarded to SANOFI PASTEUR, INC through April 6, 2024

22. UR INTERNATIONAL, INC for Purchase of Towed Vehicle Reporting Management System for the Annual Renewal of Application License, Maintenance and Upgrade Service for the Houston Police Department - $63,600.00 - Auto Dealers Fund

23. FARRWEST ENVIRONMENTAL SUPPLY, INC for Purchase and Outfitting of one (1) GMC 2500HD Truck through the Houston-Galveston Purchasing Cooperative for Public Safety and Homeland Security on behalf of the Houston Fire Department - $104,992.92 - Grant Fund

24. AMEND MOTION #2021-269, 5/26/2021, TO INCREASE spending authority from $940,807.36 to $2,340,807.36 for Purchase of Aqua Ammonia for Houston Public Works, awarded to SOUTHERN IONICS

25. MOTION INDUSTRIES for Purchase of Sludge Dryer Divider Components through the Interlocal Agreement for Cooperative Purchasing with Sourcewell for Houston Public Works - $87,941.71 - Enterprise Fund

26. APPROVE spending authority in an amount not to exceed $777,510.00 for Emergency Repairs to Traffic Signals for Houston Public Works, awarded to TRAFFIC SYSTEMS CONSTRUCTION, INC - Special Revenue Fund

27. APPROVE spending authority in the total amount of $124,704.09 for Purchase of SmartView Cameras and equipment through the Cooperative Purchasing Agreement with Buyboard for Houston Public Works, awarded to AM SIGNAL, LLC

28. MUSTANG COMPOSITE SERVICES LLC for Purchase of Fabricated Fiberglass with Installation Services for Houston Public Works - $320,097.25 - Enterprise Fund

ORDINANCES - NUMBERS 29 through 68

29. ORDINANCE approving and authorizing Subrecipient Agreement between City of Houston and SEARCH HOMELESS SERVICES to provide Housing Opportunities for Persons With AIDS Funds for the administration and operation of a Childcare Services Program with Supportive Services for families living with AIDS/HIV - 1 Year - $140,272.84 - Grant Fund

30. ORDINANCE approving and authorizing Subrecipient Agreement between City of Houston and EDUCATIONAL PROGRAMS INSPIRING COMMUNITIES, INC (d/b/a THE HEART PROGRAM) to provide Community Development Block Grant Funds for the administration and operation of the Housing Entrepreneurial and Readiness Training (H.E.A.R.T.) Program, a Job Training Program for developmentally disabled low- and moderate-income adults - 1 Year - $250,000.00 - Grant Fund

31. ORDINANCE approving and authorizing Subrecipient Agreement between City of Houston and HEALTHCARE FOR THE HOMELESS-HOUSTON providing Community Development Block Grant Funds for the administration and operation of Project Access, a Homeless Transportation Program to provide homeless persons with access to essential health and social resources - 1 Year - $250,000.00 - Grant Fund

32. ORDINANCE denying the application of SIENERGY, LP for authority to change rates; maintaining current rates - DISTRICT D - EVANS-SHABAZZ

33. ORDINANCE to increase the maximum contract amount to Professional Services Agreement between City of Houston and ADAMS AND REESE, LLP for Legal Services in connection with utility rate matters - $2,000,000.00 - General Fund

34. ORDINANCE amending Ordinance 2017-0612, as amended by Ordinance 2018-1033, as amended by Ordinance 2021-0325 to increase the maximum contract amount for agreement for Legal Services between City of Houston and DENTON NAVARRO ROCHA BERNAL & ZECH, P.C. for Legal Representation of the City of Houston in Houston Professional Fire Fighters’ Association, Local 341, Plaintiff vs. City of Houston, Texas, Defendant, pending in Cause No. 2017-42885 in the 234th Judicial District Court of Harris County, Texas - $468,500.00 - Property and Casualty Fund

35. ORDINANCE appropriating $654,163.00 out of Public Library Consolidated Construction Fund; approving and authorizing Purchase and Sale Agreement between CLELIA EGAS CASTRO, Seller, and City of Houston, Texas, Purchaser, for acquisition of approximately 40,250 square feet of land, being Lots 3-16 of Block 36, 34,500 square feet of land, being Lots 21-32 of Block 36, and 2,875 square feet of land, being Lot 17 of Block 36, out of Washington Heights Subdivision, located in City of Houston, Harris County, Texas 77088, for use by the Houston Public Library - DISTRICT A - PECK

36. ORDINANCE de-appropriating $647,270.30 out of General Improvement Consolidated Construction Fund, previously appropriated to Task Order and Job Order Contracting Program (Approved by Ordinance No. 2020-119, 2020-152); and appropriating $647,270.30 out of General Improvement Consolidated Construction Fund to the existing Citywide Contract with TIMES CONSTRUCTION, INC, for replacement of City Hall West Plaza Pavers - DISTRICT I - GALLEGOS

37. ORDINANCE appropriating $500,000.00 out of Contributed Capital Project Fund for the Task Order and Job Order Contracting Program for Professional and Construction Services for Installation of a Solar Carport at the Kashmere Multi-Service Center for the Administration and Regulatory Affairs Department; (Approved by Ordinance Numbers 2019-0391, 2020- 0090, and 2021-0681) - DISTRICT B - JACKSON

38. ORDINANCE de-appropriating $963,893.70 out of General Improvement Consolidated Construction Fund, previously appropriated to the Task Order and Job Order Contracting Program (Approved by Ordinance No. 2020- 0376, 2022-016 and 2023-0433); and appropriating $963,893.70 out of General Improvement Consolidated Construction Fund for the issuance of a Purchase Order to TIMES CONSTRUCTION, INC, for Slab and Flooring Replacement at the City Hall Tunnel - DISTRICT I - GALLEGOS

39. ORDINANCE approving and authorizing Grant Contract between City and TEXAS DEPARTMENT OF STATE HEALTH SERVICES under the Texas Epidemiology Capacity Expansion Grant Program; approving the acceptance and disbursement of Grant Funds thereunder

40. ORDINANCE authorizing and awarding contract between City of Houston and TEXAS STATE LIBRARY AND ARCHIVES COMMISSION for Records Storage and Imaging Services for the Administration and Regulatory Affairs Department; providing a maximum contract amount - 3 Years with 2 one-year options - $262,396.44 - General Fund

41. ORDINANCE approving and authorizing first amendment to agreement between City of Houston and Q ENVIRONMENTAL, INC for Used Oil, Oily Water, Oil Filters, Absorbents and Antifreeze Disposal Services for the Fleet Department - 1 Year

42. ORDINANCE appropriating $969,351.17 out of HAS Renewal and Replacement Fund and awarding contract to LAYER 3 COMMUNICATIONS, LLC for Public WIFI and Data Network Maintenance and Support Services for the Houston Airport System; providing a maximum contract amount - 3 Years with 2 one-year options - $3,073,955.33 - Enterprise Fund - DISTRICTS B - JACKSON and I - GALLEGOS

43. ORDINANCE approving and authorizing first amendment to extend contract term between City of Houston and QUESTMARK INFORMATION MANAGEMENT, INC for Jury Management System Services for the Houston Municipal Courts Department

44. ORDINANCE appropriating $26,832,195.98 out of Tax Increment Funds for REINVESTMENT ZONE NUMBERS ONE (LAMAR TERRACE ZONE), TWO (MIDTOWN ZONE), THREE (MAIN STREET/MARKET SQUARE ZONE), FIVE (MEMORIAL HEIGHTS ZONE), SIX (EASTSIDE ZONE), SEVEN (OLD SPANISH TRAIL/ALMEDA CORRIDORS ZONE), EIGHT (GULFGATE ZONE), NINE (SOUTH POST OAK ZONE), TEN (LAKE HOUSTON ZONE), ELEVEN (GREATER GREENSPOINT ZONE), TWELVE (CITY PARK ZONE), THIRTEEN (OLD SIXTH WARD ZONE), FOURTEEN (FOURTH WARD ZONE), FIFTEEN (EAST DOWNTOWN ZONE), SIXTEEN (UPTOWN ZONE), SEVENTEEN (MEMORIAL CITY ZONE), EIGHTEEN (FIFTH WARD ZONE), NINETEEN (UPPER KIRBY ZONE), TWENTY (SOUTHWEST HOUSTON ZONE), TWENTY-ONE (HARDY/NEAR NORTHSIDE ZONE), TWENTY-TWO (LELAND WOODS ZONE), TWENTY-THREE (HARRISBURG ZONE), TWENTY FIVE (HIRAM CLARKE/FORT BEND ZONE), TWENTY SIX (SUNNYSIDE ZONE), and TWENTY-SEVEN (MONTROSE ZONE) for payment of administrative expenses, payment to HARRIS COUNTY, and payments to certain redevelopment authorities as provided herein

45. ORDINANCE approving and authorizing first amendment to Interlocal Agreement with HOUSTON FIRST CORPORATION for improvements at Jones Hall; amending Ordinance 2022-0847 to increase the maximum contract amount - $2,700,000.00 - General Fund - DISTRICT I - GALLEGOS

46. ORDINANCE appropriating $72,500.00 out of Tourism Promotion Fund; approving and authorizing Interlocal Agreement between City of Houston, Texas and HOUSTON DOWNTOWN MANAGEMENT DISTRICT for Management and Installation of Artwork on public buildings - DISTRICT I - GALLEGOS

47. ORDINANCE approving and authorizing Interlocal Agreement between City of Houston and the HOUSTON-GALVESTON AREA COUNCIL (“HGAC”) for the Tow and Go Program - $3,905,000.00 - Grant Fund

48. ORDINANCE designating the property municipally known as 3615 N Braeswood Blvd and also known as “The Salzman House” being located within the City of Houston, Texas, as a protected Landmark - DISTRICT C - KAMIN

49. ORDINANCE designating the property municipally known as 2101 South Street and also known as “Leonel J. Castillo Community Center” being located within the City of Houston, Texas, as a Protected Landmark - DISTRICT H - CISNEROS

50. ORDINANCE designating the property municipally known as 15 Altic Street and also known as “The Reiler-Fraga House” being located within the City of Houston, Texas, as a Landmark - DISTRICT H - CISNEROS

51. ORDINANCE designating the property municipally known as 2153 Pelham Drive and also known as “Mr. & Mrs. Ronald Ellsworth Lee House” being located within the City of Houston, Texas, as a Landmark - DISTRICT G - HUFFMAN

52. ORDINANCE designating the property municipally known as 1134 E. 14th Street, Houston, TX 77009 and also known as “The House at 1134 E. 14th Street” being located within the City of Houston, Texas, as a Protected Landmark - DISTRICT H - CISNEROS

53. ORDINANCE designating the property municipally known as 428 Hawthorne Street-Westmoreland Historic District and also known as “John C. Penn

House” being located within the City of Houston, Texas, as a Protected Landmark - DISTRICT C - KAMIN

54. ORDINANCE designating the property municipally known as 4602 Eli Street and also known as “Saint Mary’s Missionary Baptist Church” being located within the City of Houston, Texas, as a Protected Landmark - DISTRICT C - KAMIN

55. ORDINANCE designating the property municipally known as 3432 Rosalie Street, Houston, TX 77004 and also known as "Christian Home Missionary Baptist Church" being located within the City of Houston, Texas, as a Protected Landmark - DISTRICT D - EVANS-SHABAZZ

56. ORDINANCE finding and determining that public convenience and necessity for the acquisition of real property interests in connection with the public improvement project known as the Waterline Replacement along East 38th Street Project; authorizing the acquisition of fee simple or easement interest to one parcel of land required for the project and situated in the O. P. Kelton Survey, Abstract Number 493, said parcel in Harris County, Texas, by gift, dedication, purchase and the use of eminent domain and further authorizing payment of the costs of such purchases and/or eminent domain proceedings and associated costs for Relocation Assistance, Appraisal Fees, Title Policies/Services, Recording Fees, Court Costs, and Expert Witness Fees in connection with the acquisition of fee simple or easement interest to the one parcel of land required for the project - DISTRICT H - CISNEROS

57. ORDINANCE finding and determining that public convenience and necessity no longer require the continued use of a ±41,614 square-foot portion of Milner Road; abandoning the easement to PROLOGIS AND PROLOGIS TARGETED U.S. LOGISTICS FUND, L.P., the abutting property owners, in exchange for a cash payment of $3,050.00. and conveyance to the City of a 60-foot-wide proposed Milner Road right-of-way easement along the eastern property line being a portion of Lots 4 & 5, Block 3 of Hartland Acres, both easements being situated in the W.C.R.R. CO. Survey, Abstract No. 935, Harris County, Texas, and other good and valuable consideration - DISTRICT B - JACKSON

58. ORDINANCE finding and determining that public convenience and necessity no longer require the continued use of a 30 foot-wide Unnamed Road, from Carter Road north ±774.90 feet, being adjacent to Lot 280 of the Minnetex Place Addition, situated in the Joseph C Megginson Survey, Abstract

No. 563, Harris County, Texas; abandoning said easement to USICVI BELTWAY 66, INC, the underlying fee owner, in consideration of its cash payment to the City in the amount of $138,093.00, and other good and valuable consideration - DISTRICT D - EVANS-SHABAZZ

59. ORDINANCE finding and determining that public convenience and necessity no longer require the continued use of Bennington Road, from Kirkpatrick Boulevard west ±1,297 feet, lying in the Harris and Wilson Two League Grant, Abstract No. 32; abandoning said easement to HOUSTON BELT & TERMINAL RAILWAY COMPANY, the underlying fee owner, in consideration of its cash payment to the City in the amount of $390,000.00, and other good and valuable consideration - DISTRICT B - JACKSON

60. MUNICIPAL Setting Designation Ordinance prohibiting the use of designated groundwater beneath a tract of land containing 0.7936 acres commonly known as 5129, 5133, and 0 Lawndale, Houston, Harris County, Texas; supporting issuance of a Municipal Setting Designation by the Texas Commission on Environmental Quality at the request of 5129 LAWNDALE LLC - DISTRICT I - GALLEGOS

61. ORDINANCE appropriating $550,000.00 out of Dedicated Drainage and Street Renewal Capital Fund - Ad Valorem Tax; approving and authorizing Professional Engineering Services Contract between City of Houston and SES HORIZON CONSULTING ENGINEERS, INC for FY23 Street Rehabilitation Projects Contract #5; providing funding for CIP Cost Recovery financed by the Dedicated Drainage and Street Renewal Capital Fund – Ad Valorem Tax

62. ORDINANCE appropriating $1,050,000.00 out of Metro Projects Construction - DDSRF and approving and authorizing Professional Engineering Services Contract between City of Houston and GRADIENT GROUP, LLC for Street Rehabilitation Projects Contract #6; providing funding for CIP Cost Recovery relating to construction of facilities financed by the Metro Projects Construction - DDSRFF

63. ORDINANCE appropriating $3,150,000.00 out of Water & Sewer System Consolidated Construction Fund and approving and authorizing a Professional Engineering Services Contract between the City of Houston and OTHON, INC for Wastewater Substitute Services Project Work Order; providing funding for CIP Cost Recovery relating to construction of facilities financed by the Water & Sewer System Consolidated Construction Fund

64. ORDINANCE appropriating $1,162,399.10 out of Dedicated Drainage and Street Renewal Capital Fund, $291,900.00 out of Water & Sewer System Consolidated Construction Fund, awarding contract to GRAVA, LLC for Drainage and Paving Improvements for Cottage Grove East Phase I; setting a deadline for the bidder’s execution of the contract and delivery of all bonds, insurance, and other required contract documents to the City; holding the bidder in default if it fails to meet the deadlines; providing funding for CIP Cost Recovery relating to construction of facilities financed by the Dedicated Drainage and Street Renewal Capital Fund and Water & Sewer System Consolidated Construction Fund, contingency and testing services - DISTRICT C - KAMIN

65. ORDINANCE appropriating $34,448,330.00 out of Water & Sewer System Consolidated Construction Fund, awarding contract to HARPER BROTHERS CONSTRUCTION, LLC for Facility Consolidation Flow Diversion from Tidwell Timbers Wastewater Treatment Plant (WWTP); setting a deadline for the bidder’s execution of the contract and delivery of all bonds, insurance, and other required contract documents to the City; holding the bidder in default if it fails to meet the deadlines; providing funding for CIP Cost Recovery, contingency, and testing services relating to construction of facilities financed by the Water & Sewer System Consolidated Construction Fund - DISTRICT B - JACKSON

66. ORDINANCE appropriating $8,800,000.00 out of Dedicated Drainage and Street Renewal Capital Fund - Drainage Charge, awarding contract to DL GLOVER UTILITIES, LLC for FY2023 Drainage Rehabilitation Storm Water Action Team (SWAT) Work Orders No. 4; setting a deadline for the bidder’s execution of the contract and delivery of all bonds, insurance, and other required contract documents to the City; holding the bidder in default if it fails to meet the deadlines; providing funding for engineering and testing services and CIP Cost Recovery relating to construction of facilities financed by the Dedicated Drainage and Street Renewal Capital Fund - Drainage Charge

67. ORDINANCE appropriating $5,750,000.00 out of Dedicated Drainage and Street Renewal Capital Fund - Drainage Charge, awarding contract to DL GLOVER UTILITIES, LLC for FY2024 Local Drainage Program (LDP) Contract #1; setting a deadline for the bidder’s execution of the contract and delivery of all bonds, insurance, and other required contract documents to the City; holding the bidder in default if it fails to meet the deadlines; providing funding for testing services, contingency, and CIP Cost Recovery relating to construction of facilities financed by the Dedicated Drainage and Street Renewal Capital Fund - Drainage Charge

68. ORDINANCE approving and authorizing the submission of an application to HARRIS COUNTY for consideration of funding for the Spring Shadows Area A, Kashmere Area B, Sunnyside-Martin Luther King Blvd, Freeway Manor/Gulfway Terrace, and Alief Forest South Drainage Projects through Community Development Block Grant - Mitigation Funds - DISTRICTS A - PECK; B - JACKSON; D - EVANS-SHABAZZ; E - MARTIN and F - THOMAS

END OF CONSENT AGENDA

CONSIDERATION OF MATTERS REMOVED FROM CONSENT AGENDA

NON CONSENT - NUMBER 69

NON-CONSENT - MISCELLANEOUS

69. SET A PUBLIC HEARING DATE for an amendment to Chapter 33 to provide an exemption to the City of Houston Sign Code to allow rooftop signs on protected landmark buildings and to establish standards SUGGESTED HEARING DATE - 9:00 A.M. - WEDNESDAY - SEPTEMBER 13, 2023

MATTERS HELD - NUMBERS 70 through 72

70. MOTION by Council Member Castex-Tatum/Seconded by Council Member Thomas to adopt recommendation from the City Attorney to deposit the amount of the Award of the Special Commissioners of $55,203.00 into the registry of the court and pay all costs, in connection with eminent domain proceedings styled City of Houston v. Mag 3 Investments, LLC, et at.; Cause No. 1201666, for the acquisition of Parcel AY20-051 for the ANTOINE DRIVE PAVING & DRAINAGE PROJECT- DISTRICT A - PECK

TAGGED BY COUNCIL MEMBER PECK

This was Item 15 on Agenda of August 9, 2023

71. WRITTEN Motion by Council Member Alcorn to amend Item 72 below as follows:

NOTE: The following Item may be moot contingent upon passage of Item 72 below

N. Tax Increment Reinvestment Zone (TIRZ) Policies

The Mayor’s Office of Economic Development (MOED) will manage, administer and govern the City of Houston’s Tax Increment Reinvestment Zone (TIRZ) Program in accordance with the guidelines defined in the TIRZ Administrative Procedures developed in 2023 and in alignment with the TIRZ Policies reflected in this section. The MOED will be required to present the compliance of items #1-#5 below to the Economic Development Committee on an annual basis if any actions were approved by council in the prior year. For any council-approved action that is noncompliant, the MOED must provide the rationale for noncompliance.

1. Creation: Tax Increment Reinvestment Zones will be considered only when the area proposed clearly demonstrates a nexus between the proposed eligible TIRZ projects and economic growth spurred by new investment within the proposed geographic boundary. Evidence must demonstrate:

a. at least 50% projected increase in the Assessed Value from development during the initial TIRZ term life (30 years or as defined in the TIRZ creation document);

b. clearly defined goals, defined projects and a plan for attracting private investment;

c. immediate or near term “committed or known” private investment within year one and;

d. ability to meet stated development and revenue goals reflected in an Economic Impact Study.

2. Life Extensions: The life extension of an existing TIRZ will be evaluated and considered for any of the following scenarios:

a. is required to secure financing for an approved project to expedite construction;

b. will provide for additional time to complete an approved project;

c. will generate revenue for projects reflected in a project plan if supported by a planned new investment or;

d. is needed to leverage new local, state, federal or philanthropic funding.

3. Termination: Termination will be recommended if:

a. a TIRZ has either met the objectives defined in the zone’s project plan, or

b. a TIRZ has “underperformed” and has been unsuccessful at meeting the objectives defined in the Zone’s project plan after 15 years from its creation.

4. Boundary Adjustments:

a. Annexations into existing Zones will be evaluated and considered for any of the following scenarios:

i. further the objectives of the TIRZ’s project plan;

ii. will attract private investment in the proposed area;

iii. support an application to the state or federal housing agency for the development and construction of low-income housing or;

iv. support an application for state, federal, or philanthropic funding for transportation, park or other infrastructure.

b. De-annexations will be evaluated and considered if the reduction in the boundary will either:

i. increase the revenue generated in the area remaining after the reduction, or;

ii. increase the City’s capacity to designate other areas for Tax Increment Financing considering the 25% statutory limitation.

5. Non-Contiguous TIRZ: Non-Contiguous TIRZs will be evaluated and considered on a case-by-case basis where the criteria in Chapter 311 are met. Additional considerations must include an alignment between the area proposed for annexation with the existing TIRZ and the existing TIRZ’s capacity to generate revenue sufficient to meet its project plan objectives and to fund public capital infrastructure in the proposed area that is likely to encourage private investment or spur economic development.

6. TIRZ Performance: Mayor’s Office of Economic Development Division will engage regularly with each TIRZ Board to assess and evaluate the TIRZ’s performance relative to the goals, revenue generation, and timeline for the delivery of capital projects stated in the project plan.

TIRZs that are either not performing or underperforming to the project plan will be required to provide an action plan that will encourage and attract private investment ultimately increasing the revenue generated within the Zone to construct projects as defined in the project plan.

7. TIRZ Budgets and Capital Improvement Plans: The Annual Budget and CIP will be presented to City Council for approval only after the operating budget and capital projects have been reviewed and approved by the Mayor or designee, Finance, Houston Public Works, and the TIRZ/Redevelopment Authority Boards.

The budget will only reflect projects with identified funding sources (including existing funding sources or approved future funding sources) and contain a minimal capital reserve as established by the Finance Department.

8. Debt Authorization and Issuance: The City’s Finance Department and the TIRZ Bond Team will work cooperatively on all bond related matters including “pre issuance” meetings, appointment of bond-related providers to ensure governance and to benefit from the City’s providers which may have lower issuance cost options.

DELAYED BY MOTION #2023-539, 8/9/2023

72. ORDINANCE amending Ordinance No. 2020-999 to revise and update the amended and restated City of Houston’s Financial Policies adopted thereunder

DELAYED BY MOTION #2023-539, 8/9/2023

This was Item 44 on Agenda of August 9, 2023

MATTERS TO BE PRESENTED BY COUNCIL - Council Member Jackson first

ALL ORDINANCES ARE TO BE CONSIDERED ON AN EMERGENCY BASIS AND TO BE PASSED ON ONE READING UNLESS OTHERWISE NOTED, ARTICLE VII, SECTION 7, CITY CHARTER

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