City of Piney Point Village 7676 WOODWAY DR., SUITE 300 HOUSTON.TX7763-1523 TELEHONE (713)782-0271 FAX (713)782-0281 THE CITY OF PINEY POINT VILLAGE SPECIAL COUNCIL MEETING ECCLESIA CHURCH, 325 PINEY POINT ROAD MONDAY, SEPTEMBER 14, 2020, 6:00 PM NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF PINEY POINT VILLAGE WILL HOLD A SPECIAL MEETING ON MONDAY, SEPTEMBER 14, 2020 AT 6:00 P.M. IN PERSON AT ECCLESIA CHURCH, 325 PINEY POINT ROAD AND VIA ZOOM TO DISCUSS THE AGENDA ITEMS LISTED BELOW. ZOOM Special City Council Meeting September 14, 2020 06:00 PM Meeting ID: 8848416839 Dial by Location: (Houston) +1 346248 7799 Passcode: 378690901 Join Zoom Meeting Meeting ID: 8848416839 Passcode: 3786960901 Dial by your location +1346 248 7799 US (Houston) One tap mobile #13462487799,8848416839K..0#,3786960901# US (Houston) 16699006833,884841639K.m.0901# US (San Jose) Find your local number: tps-/usolweb.zcom.AUSIeVN6YBVUA DECLARATION OF QUORUM AND CALL TO ORDER PLEDGE OF ALLEGIANCE CITIZENS WISHING TO ADDRESS COUNCIL - At this time, any person with city-related business may speak to the Council. In compliance with the Texas Open Meetings Act, ifa member of the public comments or inquiries about a subject that is not specifically identified on the agenda, a member of Council ora Staff Member may onlyrespond by givingas statemento ofs specific factual information or by reciting existing policy. The City Council may not deliberate or vote on the matter 1. Discuss and Take Possible Action on the Adoption of Ordinance 2020.09.14A approving the 2021 Budget. 2. 3. 4. Discuss and Take Possible Action on the Adoption of Ordinance Discuss and Take Possible Action on the purchase of Design Discuss and Take Possible Action of requesting the Planning Commission to review Certificates of Occupancy, non-conforming buildings and structures, landscaping plans, fences and walls in required yards and rear yards, streets with setbacks of less than 50' 5. Discuss and take possible action on any future agenda items, 2020.09.14B approving the 2020 Tax Rate. Projections AV system for Piney Point City Hall meeting dates, etc. 6. Adjourn CERTIFICATION C certify that a copy of the September 14, 2020 agenda of items to be considered by the Piney Point Village City Council was posted in a place convenient to the general public in Compliance with Chapter 551, of the Texas Government Code on September 11, 2020. Nelson Roger City Administrator In compliance with the Americans with Disabilities Act, the City of Piney Point Village will provide for reasonable accommodations for persons attending City Council meetings. This facility is wheelchair accessible and accessible parking spaces are available. To better serve you, your requests should be received 48 hours prior to the meeting. Please contact Karen Farris, City Secretary, at713-782-0271. The City Council reserves the right to adjourn into a Closed Executive Session at any time under the Texas Government Code, Section 551.071, to consult with an attorney. ORDINANCE NO. 2020.09.14A AN ORDINANCE OF THE CITY OF PINEY POINT VILLAGE, TEXAS, APPROVING THE BUDGET AND MAKING. APPROPRIATIONS FOR SUPPORT OFTHE CITY GOVERNMENT BEGINNING JANUARY 1, 2021 AND ENDINGDECEMBER31,2021 WHEREAS, the Mayor has prepared and submitted to the City Council al budget estimate oft the expenditures and revenues of all funds oft the City for the fiscal year beginning January 1, 2021 and ending December 31, 2021, which has been considered and reviewed by the City Council and should be approved; and WHEREAS, after due publication of notice as provided by law, a public hearing NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 1. That the budget prepared and submitted by the Mayor to the City Council for the fiscal year beginning January 1, 2021 and ending December 31, 2021 is approved. 2. That the sum of $5,613,343.00 is hereby appropriated out oft the General Fund for payment of operating expenses and maintenance expenditures oft the City of Piney Point 3. That the sum of$1,333,692.00: is hereby appropriated out oft the Debt Service Fund for re-payment of debt oft the City ofl Piney Point Village, Texas, as set forth in detail in the regarding thel budget was. held on September 14, 2020. OF PINEY POINT VILLAGE, TEXAS; Village, Texas, as set forth in detail in the budget. budget. The above and foregoing Ordinance was duly introduced on the motion of Council Member against, was duly adopted and ordered filed this the 14th day of September, 2020. seconded by Council Member and by a vote of for and Mark Kobelan, Mayor ATTEST: Karen Farris, City Secretary ORDINANCE NO. 2020.09.14B ANORDINANCE: OFTHE CITYOFI PINEY POINT VILLAGE,TEXAS, PROVIDING FOR' THEI LEVY. AND COLLECTION OF AD' VALOREM TAXESOFTHE CITY OF PINEY: POINT VILLAGE, TEXASFORTHE YEAR 2020; PROVIDING THE DATE ON WHICH SUCH TAXES SHALL BE DUE AND PAYABLE; PROVIDING FOR PENALTY AND INTEREST ON ALL TAXES NOT TIMELY PAID; PROVIDING FOR SEVERABILITY; AND REPEALING ALL OTHER ORDINANCES OR PARTS OF ORDINANCES INCONSISTANT OR IN CONFLICT HEREWITH. WHEREAS, Section 26.05 ofthe" Texas Property Tax Code provides that before the later ofSeptember 30th or the 60th day after the date the City receives the certified appraisal roll the City Council shall adopt a tax rate for the current tax year; and WHEREAS, Section 26.05 of the Texas Property Tax Code further provides the where the tax rate consists oftwo components (one which will impose the amount oftaxes needed toj pay the City's debt service and the other which will impose the amount of taxes needed to fund maintenance and operation expenditures for the next year), each ofs such two components must be approved separately; and WHEREAS, the proposed tax rate for the current tax year of the City of Piney Point Village, Texas, consists oft two such components, a tax rate of $0.04898 for debt service and tax rate of$0.20616 to fund maintenance and operation expenditures; now, therefore BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF PINEY POINT VILLAGE, STATE OF TEXAS: Section 1. The facts and matters set forth in the preamble of this Ordinance are found Section 2. There is hereby levied for tax year 2020, to fund the City's fiscal year 2021 municipal budget, an ad valorem tax at the total rate of $0.255140 on each One Hundred Dollars ($100.00) of assessed valuation on all property, real, personal, and mixed, within the corporate limits of the City, upon which an ad valorem tax is authorized by law to be levied by the City of Piney Point Village, Texas. All such taxes shall be assessed and collected in current money oft the to be true and correct and are hereby adopted, ratified, and confirmed. United States of America. Section 3. Of the total tax levied in Section 2 hereof, $0.20616 is levied to fund Section 4. Of the total tax levied in Section 2 hereof, $0.04898 is levied for the purpose of paying the interest on bonds, warrants, certificates of obligation, or other lawfully authorized evidence ofi indebtedness issued by the City of Piney Point Village, Texas, including the various installments of principal due on the serial bonds, warrants, certificates of obligation, maintenance and operation expenditures of the City for the fiscal year 2021. or other lawfully authorized evidence ofindebtedness issued by the City, as such installments shall respectively mature in the fiscal year 2021. Section 5. All ad valorem taxes levied hereby, in the total amount of $0.255140 on each One Hundred Dollars ($100.00) of assessed valuation, as reflected by Sections 2, 3, and 4 hereof, shall be due and payable on or before January 31, 2021. All ad valorem taxes due the City ofPiney Point Village, Texas, and not paid on or before January 31St following the year for which they were levied, shall bear penalty and interest as prescribed in the Texas' Tax Code. Section 6. In the event any clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate the Ordinance as a whole or any part or provision hereof other than the part declared to bei invalid or unconstitutional; and the City Council oft the City of Piney Point Village, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts. Section 7. All ordinances and part of ordinance in conflict herewith are, to the extent PASSED, APPROVED, AND ADOPTED on the first and final reading this 14th day of ofs such conflict, hereby repealed. September, 2020. Mark Kobelan, Mayor ATTEST: Karen Farris City Secretary DATA PROJECTIONS City of Piney Point - Board Room AV Addition Quote # 007013 Version 1 Prepared for: City of Piney Point Joel Bender Joel.Bender@cactuswellnead.com 3700 W. Sam Houston Pkwy S. Suite! 525 Houston, Texas77042 wwwdatapopections.com 713.781.1999 DATA PROJECTIONS Wednesday, August 26, 2020 City of Piney Point Joel Bender 7676 Woodway Suite 300 Houston, TX 77063 oel.Bender@cactuswellhead.com RE: City of Piney Point- Board Room AV Addition Dear. Joel, Thanky yout fora allowing Datal Projections the opportunityt to present this solution for the City of Piney Point. Asal leading audio visual communications design/build firm, Data Projections is uniquely qualified fora ap project oft this scope. Our experiencei includes solutions for: Multipurpose rooms and auditoriums equipped with! large-venue audio visual technology solutions Videoconferencing: systemsi incorporating controla and complete room collaboration, allowing for on-demand Digital signage implementations across enterprise, university, and district campuses fori immediate message decision making ando communication: among remotel locations Conference, boardr rooms andt training rooms ofa all: shapes ands sizes distribution Operation Center's/NOC's, EOC's, SOC's) audio visual command: ando controls systems College and university classrooms, lecture halis andl labs Individual schoold classrooms to entire districts And many more unique applications Because we partner witht the bestt technology companies int thei industry, we're ablet to provide a wide range of comprehensive solutions built around the specific needs of ouro customers, while takingi into account the technical, Rapid ande effective communicationi is keyt to staying ahead oft the competition. Better communication! leads to better decisions-and better results. How doy your maintain consistent communicationacros; your organization as wella as external audiences? Datal Projections' team of professionals Wlkepypusmoyomesta. capital and logistical factorsi involved in each project ands solution. Kind regards, Sandy Hill Houston Director of Business Development Quote #007013v1 2/13 3700 W. Sam Houston Pkwy S. Suite! 525 Houston, Texas 77042 www.datapiopections.com 713.781.1999 DATA PROJECTIONS Executive Summary Functionality Description: The City of Piney Point is looking for a solution to utilize in their board room for streaming meetings via Zoom for remote viewers that supports the audio and video in the room. Projectlocation: 7676 Woodway Suite 300 Houston, TX77063 Project Onsitel Point of Contact: Joel Bender (Direct) (Mobile) loel.Bender@cactuswelhead.com System Description and Project Scope of Work: City of Piney Point - Portable Video Conference alwtonwihadationilAude Recommendations: Data Projections, Inc. is recommending a mobile solution with a 75" Clevertouch with a Poly Studio camera/ microphone and computer to showcase the Dais during meetings. DPI also suggests an additional audio solution at the dais to ensure the remote audience can hear effectively the board members and any speakers at the podium in the front of the room. ProjectScope: Data Projections (DPI) will assemble the Conen cart with a shelf above for the Poly Studio. DPI willi install a 75" Clevertouch with i7 PC. AZoom Room license willl be required and purchased DPI willi install a Poly Studio - speaker bar with camera and mic above the display. separately by City of Piney Point. DPI will install a Poly Trio 8800 with expansion mics on the dais for additional audio support. DPIwill DPI willi install a Crestron wallplate to connect to a new distribution amp to duplicate the image on all configure the Trio to control the Zoom meeting. Quote #007013v1 3/13 3700 W. Sam Houston Pkwy S. Suite 525 Houston, Texas 77042 wwwdateplopections.com 713.781.1999 DATA PROJECTIONS Executive Summary screens int the room (4 screens already mounted around the top of the room). DPI will cable manage the cart and willl have a network cable and power cord for connection to the system to run the meetings. 1-Clevertouch 75" UX Pro 1-Conen Mobile Mount 1-Poly Trio 8800 with expansion mics 1-P Poly Studio Bar All Cables and Connections Exclusions The following work is not included in our Scope of Work: All conduit, high voltage, wiring panels, breakers, relays, boxes, receptacles, etc. Concrete saw cutting and/or core drilling. Fire wall, ceiling, roof and floor penetration. Necessary gypsum board replacement and/or repair. All millwork (moldings, trim, cut outs, etc.). Necessary ceiling tile or T-bar modifications, replacements and/or repair. Permits (unless specifically provided for and identified within the contract). Patching and Painting. Construction Considerations Inc order to accomplish the outlined goals of this project, the Customer will be responsible for contracting with an outside entity to make the necessary modifications to the space as directed by Data Projections. The costs associated with these modifications are noti included int this proposal. Room 1-Hardware Mfr. Description Price Qty Ext. Price Interactive. Flat Panel withi7PC Quote007013vi 4/13 3700 W. Sam Houston Pkwys S. Suite! 525 Houston, Texas 77042 wwwdatepoptions.com 713.781.1999 DATA PROJECTIONS Room 1-Hardware Mfr. Clevertouch Clevertouch Description OUS Price Qty $3,300.00 1 $2,045.31 1 Ext. Price $3,300.00 $2,045.31 15475UXPR UX PRO Series High Precision 1521061US Clevertouch OPS PC Module- 75" Pro i7f for new Impact Plus or UX Cart with Shelves Conen SCETAC-K CONEN Motorized Height $1,248.75 1 $1,248.75 Adjustable Cart Display Range from 42" to 100" [Cshaped base) Available Q2 2019 Audio for Dais POLYCOM INC. 2200-66070- POLY TRIO 8800 IP CONF. $1,139.29 1 $1,139.29 019 PHONE FOR SKYPE FOR BUSINESS ONLINE/ ON-PREM W/POLYUCS FOR POLYTRIO 8800/8500. INCL. TWO EXPANSION MICROPHONE POLYCOM INC. 2200-65790- EXPANSION MICROPHONE KIT $297.41 2 $594.82 001 POLYCOM INC. 7200-23490- POWER KIT,TRIO 8800,NA $133.79 1 $133.79 001 VideoConference Camera with Speaker POLYCOM INC. 7200-85830- STUDIO: AUDIO/VIDEO USB $913.41 1 $913.41 001 SOUNDBAR, WITH AUTO- TRACK 120 FOV 4K CAMERA, USB STEREO Cables and Connections Crestron CBL-HD-6 Crestron Certified HDMI $31.25 1 $31.25 Interface Cable, 18 Gbps, 6ft (1.8m) Quote#007013v1 5/13 3700 W. Sam Houston Pkwy S. Suite! 525 Houston, Texas 77042 wwdatepropctons.com 713.781.1999 DATA PROJECTIONS Room 1-Hardware Mfr. Crestron Crestron Crestron Description Price Qty $43.75 1 $87.50 3 $43.75 1 $12.25 1 $625.00 1 $562.50 1 Ext. Price $43.75 $262.50 CBL-HD-12 Crestron Certified HDMI CBL-HD-30 Crestron Certified HDMI Interface Cable, 18 Gbps, 12ft Interface Cable, 10.2 Gbps, 30 (3.6m) ft(9.1m) DM-CBL- DigitalMedia Ultra Patch Cable, ULTRA-PC- 20ft(6m) $43.75 $12.25 $625.00 $562.50 $43.75 $343.75 20 15R-25 T uberty-Wire-and.Cabe P13A-15P- POWER CORD EXT 5-15P-R: 13A 25' Crestron Crestron Crestron Crestron DM-TX-4KZ- DigitalMedia 8G+ 4K604:4:4 100-C-1G-B- HDR Wall Plate Transmitter, DM-RMC- DigitalMedia 8G+ 4K604 4:4:4 4KZ-100-C HDR Receiver & Room PW-2407WU Wall Mount Power Pack, 24 HD-DA4-4KZ 1:4 HDMI Distribution Black Controller: 100 $43.75 1 $343.75 1 VDC, ,0.75A, 2.1 mm, Universal Amplifier w/4K60 4:4:4 & HDR -E Support Maintenance: for Poly not required by highly recommended GoldSeal Polycom 4870-85830- PARTNER PREMIER, ONE YEAR, GoldSeal Polycom 4870-66070- PARTNER PREMIER, ONE YEAR, $93.75 1 $37.50 1 $93.75 $37.50 160 160 POLYCOMSTUDI POLYCOM TRIO 88001 IP CONFERENCE PHONE Subtotal: $11,475.12 Quote #007013v1 6/13 3700 W. Sam Houston Pkwys S. Suite! 525 Houston, Texas 77042 wwdatspiofetionscom 713.781.1999 DATA PROJECTIONS Room 1 Services Product Details Installation Labor Design/Engineering Project Management Programming Labor Ext. Price $3,150.00 $600.00 $500.00 $700.00 $4,950.00 Subtotal: Miscellaneous Materials Product Details Miscellaneous Materials Service & Maintenance Product Details Service & Maintenance Ext. Price $688.50 $688.50 Subtotal: Ext. Price $688.51 $688.51 Subtotal: Quote/#007013v1 7/13 3700 W. Sam Houston Pkwy S. Suite! 525 Houston, Texas 77042 wwwdateplopctions.com 713.781.1999 DATA PROJECTIONS City of Piney Point- Board Room AV Addition Prepared by: Houston Sandy Hill (832)726-1917 Fax713.781.3338 hiledataproectionscom Prepared for: City of Piney Point 76761 Woodway Suite 300 Houston, TX 77063 Joel Bender Quote Information: Quote #: 007013 Version: 1 Delivery Date: 08/25/2020 Expiration Date: 10/02/2020 Joe.Bender@cactuswelhead.com Quote Summary Description Room 1-Hardware Room 1 Services Miscellaneous Materials Service & Maintenance Amount $11,475.12 $4,950.00 $688.50 $688.51 $17,802.13 $401.60 $1,501.81 $19,705.54 Subtotal: Shipping: Estimated' Tax: Total: Payment Options Description Payment Options Net 30 Payments 1 Interval One-Time Amount $19,705.54 Other service options available. Contact your sales representative. By signing this agreement, you are accepting our Terms and Conditions. This does not negate the need for a purchase order or any other purchasing requirement which your company necessitates. Data Projections reserves the rightt to require a customer down payment/deposit contingent on the creditworthiness of the customer. Quote #007013v1 8/13 3700 W. Sam Houston Pkwys S. Suite 525 Houston, Texas 77042 wwdatuplopections.com 713.781.1999 DATA PROJECTIONS Houston Signature: Name: Title: Date: City of Piney Point Signature: Name: Date: Sandy Hill Joel Bender Director of Business Development 08/25/2020 Quote/007013v1 9/13 3700 W. Sam Houston Pkwy S. Suite! 525 Houston, Texas 77042 wwwdatpiopections.com 713.781.1999 DATA PROJECTIONS Statement of Performance TERMS AND CONDITIONS Notice missapdlwurkisdelvend oni thel basis oft thet following Assumptions: Site preparation by the Customer includes electrical, wall reinforcement, telephone and data network All work areas should be clean and dust free prior to the beginning of on-site integration of electronic Customer communication of readiness will be considered accurate and executable by Data Projections InR Room(s) where installation is to be completed are to be made available for Data Projections exclusive use on the days of the scheduled installation. Unless specifically arranged in advance, rooms will be available during normal business hours, defined as Monday through Friday, 8:00 AMI to! 5:001 PM excluding holidays. All required spaces (rooms, access points, etc.) must be available at the start oft the installation and remain available for the duration of the Project. Any required space that is unavailable during the scheduledi installation time frame may result in delayed delivery of the Project and/or additional charges. Additional rates will only be applied after execution of Data Projections generated Project Change Request according to the Change Management Procedure section following and signed approval by Owner or The project schedule must allow for sufficient time for completion of all installation and final testing of systems prior to occupancy of the site. If sufficient time is not allowed, Data Projections will be held harmless for systems that do not meet requirements. Int this case, all costs associated with completion of work, including overtime labor rates, will be considered outside the scope of this offering and billable to the Client. Unless otherwise stated, the installation shall be scheduled contiguously from start to finish. Projects requiring multiple site visits and/or intervals ofi inactivity between events must be noted as such prior to acceptance of this SOW. If notification is made after initial acceptance of this SOW, Change Management Procedure section following shall be implemented and additional charges may apply. Data Projections reserves the right to revise the proposal/scope of work based upon information obtained from subsequent site surveys and other sources not available at the time of that the original proposal was Data Projections reserves the right to substitute equipment of similar specifications should any of the specified equipment be unavailable at time of order from the manufacturer. This willl be done in an effort to maintain the completeness of the proposed audiovisual system and meet the anticipated installation schedule. Data Projections will notify the client in the event there is a need for any equipment There is secure: storage for equipment during a multiple-day integration. Ifsecure storage is not available for the duration of the multiple day integration period, Data Projections reserves the right to; delay the installation until secure storage is available which could result in project completion delays and additional storage and delay fees; payment in full for the materials and equipment that cannot be secured thus constituting transfer of ownership and relieving Data Projections of its responsibility and liability for IfCustomer furnished equipment and existing cabling is to be used, Data Projections assumes that these items are in good working condition and willi integratei into the designed solution. Anyr repair, replacement infrastructure placement per Data Projections specification. equipment. project manager. Owne'srepresentative. issued. substitutions. security andp protection ofsaid materialsa ande lequipment against damageandtheft. Quote/007013v1 10/13 3700 W. Sam Houston Pkwy S. Suite! 525 Houston, Texas77042 wwwdatepiopctions.com 713.781.1999 DATA PROJECTIONS Statement of Performance and/or configuration oft these items that mayl ber necessary willl ber made at an additionalcost. AII Network configurations including IP addresses are to be provided, operational and functional before Data Projections' integration begins. Data Projections will not be responsible for testing the LAN Cable or Satellite drops must be in place with converter boxes operational before the completion of integration. Any delay resulting in extra work caused by late arrival of these items will result in a change Document review / feedback on touch panel layout /correspondence will be completed by the Customer connections. order fort time andi materials. withint two business days. funless otherwisenoted) Integration Project Management Processes Data Projections will follow a foundational project management process which may include the following actions/deliverables. (based ont thes ne/complexty/duration oft thei integration project): Needs Analysis -I performed prior to Scope of Work Project Welcome Notice -6 emailedupon receipt of Purchase Order/Notice to proceed Project Kick-Off meeting with Customer Representativels) -6 either by phone ori in-person Project Status updates- -informal ort formal-either by phone, email ori in-person (based onthe Project Change Control-comprised: of Field Directed Change Order and/or Contract Change Order Substantial Completion- Castomerwakehoughand user acceptance training - prior to Servicet transition sne/compleaty/dturation oft the project) submittals (ifpurchased) User Acceptance Training Thisi is geared: specificallyt towards the enduser/operator. The purpose oft this trainingi ist to provide operators with the necessaryknowledge to confidently: andcomfortablys operate all aspects of thei integrated system. Areas covered include thet following: Equipment and system overview Equipment operation andi function Equipment startup, stop, and shut Down Equipment automatic: andi manual operation Discussion and documentation relatingt to control system operation Powering up, powering down AVS system via control system Use/operation of patch panels, when and where tol be used Discussion and documentation relating to system processor andi its controlapplications Manual operation of display systems, audio system and all other relatedcomponents Whot to call when helpi isr required Quote #007013v1 11/13 3700 W. Sam Houston Pkwys S. Suite! 525 Houston, Texas 77042 w.datapoectons.com 713.781.1999 DATA PROJECTIONS Statement of Performance Change Management Procedure Any changes to the Scope ofthe project thate effect the contractual value of the project must bei in writing signedbythe Customer and an authorized representative of Data Projections, Inc. Oral changes to the project scope, equipment or materials shall not be binding upon the parties. Changes may impact the ability of Data Projections, Inc. to deliver the desired solution per the original terms of the Contract. After acceptance of this Scope of Work, such signed and approved change orders willl bei incorporated byr reference into and become part of this Contract and willl be processed ina accordance withthe Change Management Procedure detailed below. Proprietary! Notice This proposal contains confidential information and intellectual property of Data Projections and may be legally privileged. Recipient agrees not to reproduce or make this information available in any manner to persons outside the growpdirectyresponsbe for evaluation ofi its contents. Payment Schedule Thet total for this proposal/project is presented as a' "not to exceed" unless Data Projections and the "client" agree to addi hardware, software or functionality not specifically addressed int this Statement of Work/Executive. Summary. The payment schedule outlined in the Payment Options section is contingent on the established line of credit approved by the company. If credit terms are extended, the standard terms are NET 30 days. If credit terms are not requested or extended, payment willl ber required inf full beforel hardware is ordered ori installation datesare. scheduled. Returns The approval of product returns is at the discretion of Data Projections and requires a return authorization number. Products that are defective will be repaired, replaced or credited in accordance with the manufacturer's warranty. Goods returned for reasons other than warranty or defect must bei in original, undamaged and untamnished.condition andi must include all original packaging, documentation and accessories. Restocking fees may apply to the items being returned. Any custom ordered products cannot ber returned. Pleasec consult Data Projectionsfor: additional details. All new equipment provided by Data Projections includes each manufacturer full warranty from the date ofi invoice. Data Projections will honor all warranty requirements as depot service. Any additional fees outside the manufacturer warranty will be charged accordingly. Data Projections supplies a 90-day workmanship warranty from the date of completion of said system, unless superseded by an extended warranty, service agreement and/or preventative maintenanceagrement. Data Projections warrants the system to bei free of defects in materials and workmanshipand fit for the intended purpose. This warranty does not cover equipment or system abuse, misuse including, but not limited to, operating outside of environmental, electrical, temperature or humidity specifications, system alterations neither approved nor performed by Data Projections; or repair bya as service facility other thant those authorized by the Warranty manufacturer. Indemnification Data Projections agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Client, its officers, director and employees (Collectively, Client) against all damages, liabilities or costs, including reasonable attorney's fees and defense costs, to the extent caused by the Data Projections' negligent performance of professional services Quote#007013vi 12/13 3700W.: Sam Houston Pkwy S. Suite! 525 Houston, Texas77042 w.datapropctions.com 713.781.1999 DATA PROJECTIONS Statement of Performance under this Agreement and that of its subcontractors or anyone for whom Data Projections is legally liable. The Client agrees, to the fullest extent permitted byl law, toi indemnify and hold harmless Data Projections, its officers, directors, employees and sub-consultants (collectively, Data Projections) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extentcaused byt the Client'snegligent: acts in connection withthe Project and the acts of its contractors, subcontractors or consultants or anyone for whom the Client is legally liable. Neither the Client nor Data Projections shall be obligated to indemnify the other partyi in any manner whatsoever for the other party's ownr negligence. Nol Hire Policy During the term of the Contract, and for a period of one (1) year after the termination of the Contract, or the completion of the Project, whichever is later, the Client agrees that it will not directly solicit the employment of any individual that was employed by Data Projections during the term of the Contract. In the event Client breaches this provision, the parties agree that it would be difficult to establish the precise amount of damages incurred by Data Projections as a result of such conduct, and therefore the parties agree thati immediately upon hiring said individual, Client shall payt to Datal Projections an amounte equal to! 50% of the grossa annual salary or wages paid tot thei individual in question duringt thet twelve months prior tot thet termination of thati indwdualsemployment with Data Projections. This fee shall not applyi if thei individual responds to a general employment advertisement through newspapers, on-line job boards or postings, agencies, openhouse, orj jobi fairs. Quote/#007013v1 13/13 ORDINANCE NO. AN ORDINANCE AMENDING DIVISION 6 OF ARTICLE II OF CHAPTER 74 OF THE CODE OF ORDINANCES OF THE CITY OF PINEY POINT VILLAGE, TEXAS, BY DELETING SECTION 74-176 IN ITS ENTIRETY AND ADDING A NEW SECTION 74-176, ESTABLISHING REGULATIONS FOR CERTIFICATES OF OCCUPANCY, TEMPORARY CERTIFICATES OF OCCUPANCY, AND RELATED FISCAL SECURITY; PROVIDING FOR OTHER MATTERS RELATED TO THE SUBJECT; PROVIDING FOR A PENALTY IN AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION; AND PROVIDING FOR SEVERABILITY. * BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PINEY POINT VILLAGE, TEXAS: Section 1. That Section 74-176 be deleted ini its entirety and a new Section 74-176 be added tol Division 6 of Article II ofChapter 74 to provide as follows: "Article II. - Administration *** Division 6. - Certificate of Occupancy Sec. 74-176 = Certificates of occupancy or completion, temporary certificates of occupancy and related fiscal security. Before occupancy, use or change of use, a certificate of occupancy shall be required upon substantial completion for any oft the following: (1) Occupancy and use of al building erected or structurally altered. (2) Change in use of an existing building to a use of a different classification. (3) Occupancy and use of vacant land. (4) Change in the use ofl land to a use ofa different classification. (5) Any change in the use ofa conforming use. (6) A person may file an application with the building official for the installation of gas meters before the issuance of a certificate of occupancy, provided that: a. b. The proposed use or temporary occupancy, if applicable, is not hazardous to life, health, or public safety; and The applicant posts fiscal security with the building official equal to the estimated cost to perform the installation of the gas meter, but in no event shall exceed $2,000. A qualified professional must provide the city building official with an estimate of the cost, and the building official's approval of the estimate is required. An applicant must post the security as a cash deposit. (7) A temporary certificate of occupancy may be obtained if the structure has been completed and the issuance of the final certificate of occupancy is solely dependent upon the successful completion of all exterior improvements, exterior inspections, and the building final, provided that: a. Aj preliminary final walk-through has been completed, and successful passage of such walk-through confirmed, by two of the three following City Officials: the Building Official, the City Administrator, or the Mayor; and The occupancy of the building is not hazardous to life, The structure has successful passed all interior inspections, including completion of the interior final; and The applicant posts fiscal security with the building official in the amount of $25,000.00. An applicant must The property owner and builder affirm, in writing, that the property will be able to receive a Certificate of Occupancy within 45 days of the issuance of the Temporary Certificate of Occupancy. Furthermore, the property owner and builder agree that for each day beyond the 45 day time period, the property owner will pay $2,000 a day b. C. d. health, or public safety; and post the security as a cash deposit; and e. from the fiscal security as liquidated damages for failure to comply with the terms of this Section; provided, however, the property owner and builder may appeal the amount of liquidated damages assessed under this The applicant may request a maximum of two 30 day extensions if the applicant can establish that extraordinary circumstances exist that will reasonably prevent the property from being ready to receive a Certificate of Occupancy within the initial 45 day' Temporary Certificate of Occupancy period or within any subsequently approved 30 day extension period, if applicable. Such request must be in writing and on a form approved by the City. The City Administrator shall consider any such request and approve or deny such request. The City Administrator's determination on any request for extension may be appealed to the City Council. A determination made by the City Council on any such appeal shall be final. Aj property owner and builder have the burden to establish that extraordinary events have occurred that prevented the timely compliance with the 45 day Temporary Certificate of Occupancy period or any subsequent extension thereof. City Council has absolute discretion as it relates to any relief granted under this subsection. A determination made by the City Council on any such appeal shall be subsection. f. g. final. (8) The city shall return any remaining fiscal security, if any, to the applicant ift the building official determines that the applicant has obtained a certificate of occupancy; provided, however, if the building official determines that an applicant has breached the obligations secured by the fiscal security, such fiscal security shall be paid to the city as liquidated damages." Section 2. Any person who shall intentionally, knowingly, recklessly, or with criminal negligence violates any provision of this chapter shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed $2,000.00. Each day of violation shall constitute a separate offense. Section 3. In the event any clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Piney Point Village, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts. Section 4. All ordinances and parts of ordinance in conflict herewith are, to the extent of such conflict, hereby repealed. PASSED, APPROVED, AND ADOPTED on first and final reading this th day of 2020. Mark Kobelan Mayor ATTEST: Karen Farris City Secretary ORDINANCE NO. AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 74 OF THE CODE OF ORDINANCES OF THE CITY OF PINEY POINT VILLAGE, TEXAS, BY DELETING SUBSECTION (a) OF SECTION 74-212 IN ITS ENTIRETY AND ADDING A NEW SUBSECTION (a) OF SECTION 74-212, ESTABLISHING REGULATIONS FOR THE CONTINUANCE OF NONCONFORMING BUILDINGS AND STRUCTURES; PROVIDING FOR OTHER MATTERS RELATED TO THE SUBJECT; PROVIDING FOR A PENALTY IN AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION; AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PINEY POINT VILLAGE, TEXAS: Section1. That Subsection (a) of Section 74-212 be deleted in its entirety and a new Subsection (a) of Section 74-212 be added to provide as follows: Articlel IL-NONCONFORMITIES *** Sec. 74212-Noncenforming buildings and structures. (a) Continuance nonconjorming buildings and. structures. Subject to the limitations herein set forth, any nonconforming building or structure, lawfully existing, may be occupied and maintained in good repair, but may only be enlarged or extended as follows. 1) A noncontorming main building, excluding any portion of an accessory building or structure, may be enlarged or extended into a yard in manner that is equal to or less than the setback established by the nonconforming main building. 2) A nonconforming main building that is extended into a yard must otherwise comply with all the regulations and ordinances oft the city." Section 2. Any person who shall intentionally, knowingly, recklessly, or with criminal negligence violates any provision of this chapter shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed $2,000.00. Each day of violation shall constitute a separate offense. Section 3. In the event any clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereofother than the part declared to be invalid or unconstitutional; and the City Council of the City of Piney Point Village, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts. Section 4. All ordinances and parts of ordinance in conflict herewith are, to the extent ofs such conflict, hereby repealed. PASSED, APPROVED, AND ADOPTED on first and final reading this th day of 2020. Mark Kobelan Mayor ATTEST: Karen Farris City Secretary ORDINANCENO., AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 74 OF THE CODE OF ORDINANCES OF THE CITY OF PINEY POINT VILLAGE, TEXAS, BY DELETING PARAGRAPH (3) OF SUBSECTION (i) OF SECTION 74-245 IN ITS ENTIRETY AND ADDING A NEW PARAGRAPH (3) OF SUBSECTION (i) OF SECTION 74-245, ESTABLISHING REGULATIONS FOR FENCES, SIDE AND REAR YARD ADJACENT TO A STREET; PROVIDING FOR OTHER MATTERS RELATED TO THE SUBJECT; PROVIDING FOR A PENALTY IN AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION; AND PROVIDING FOR SEVERABILITY. * BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PINEY POINT VILLAGE, TEXAS: Section 1. That Paragraph (3) of Subsection (i) of Section 74-245 be deleted in its entirety and a new Paragraph (3) of Subsection (i) of Section 74-245 be added to provide as follows: Article IV.-1 DISTRICT REGULATIONS *** Sec. 74-245-S Supplementary district regulations. *** (i) Fences and walls in required yards. No fence or freestanding fence-type wall shall be permitted in any required yard except as specifically authorized below: ** (3).Fences, side and rear yard adjacent to a street. Fences may be constructed within a required side or rear yard adjacent to a street if such fence does not exceed eight feet in height above the natural grade of the lot at the lot line adjacent to such fence, and the fence is either an 80 percent fence or a wooden fence with landscaping from a City approved landscaping plan and placed on the side of the fence adjacent to the street. The property owner is responsible for maintaining the landscaping and removing/replacing the landscaping from the street and associated right-of-way if the City has to perform work in the right-of- way encumbered by such landscaping. Any fence constructed between the main building and an adjacent street shall have the finished exterior side facing the adjacent street, and shall have no posts or rails visible from such adjacent street, irrespective of the distance from the fence and the adjacent lot line or street." Section 2. Any person who shall intentionally, knowingly, recklessly, or with criminal negligence violates any provision of this chapter shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed $2,000.00. Each day of violation shall constitute a separate offense. Section 3. In the event any clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Piney Point Village, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts. Section 4. All ordinances and parts of ordinance in conflict herewith are, to the extent ofs such conflict, hereby repealed. PASSED, APPROVED, AND ADOPTED on first and final reading this th day of 2020. Mark Kobelan Mayor ATTEST: Karen Farris City Secretary ORDINANCENO., AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 74 OF THE CODE OF ORDINANCES OF THE CITY OF PINEY POINT VILLAGE, TEXAS, BY DELETING PARAGRAPHS (1) AND (2) OF SUBSECTION (c) OF SECTION 74-244 IN ITS ENTIRETY AND ADDING NEW PARAGRAPHS (1) AND (2) OF SUBSECTION (c) OF SECTION 74-244, ESTABLISHING REGULATIONS FOR THE SIZE OF FRONT AND SIDE YARDS IN GENERAL, ON SPECIFIC STREETS, AND BASED ON LOT SIZE; PROVIDING FOR OTHER MATTERS RELATED TO THE SUBJECT; PROVIDING FOR A PENALTY IN AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION; AND PROVIDING FOR SEVERABILITY. * WHEREAS, the City Council of the City of Piney Point Village recognizes that the majority of streets in the City are platted and improved with adequate setbacks to comply with the setback regulations established for the City, however, certain lots are smaller and nonconforming and certain identified streets are platted and improved at a lessor front and side yard setbacks; and WHEREAS, the City Council desires to establish setbacks on those identified nonconforming lots and streets that reflect actual lot configuration and established building locations; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PINEY POINT VILLAGE, TEXAS: Section 1. That Paragraphs (1) and (2) ofSubsection (c) of Section 74-244 be deleted in its entirety and new Paragraphs (1) and (2) of Subsection (c) of Section 74-244 be added to provide as follows: "Article IV.-1 DISTRICT REGULATIONS *** Sec. 74-244- - Regulations. (c) Area regulations; size ofyards. (1) Front yard. There shall be a front yard having a depth of not less than 50 feet; provided, however, Calico Lane, Gingham Drive, and Jan Kelly Lane shall have a depth of not less than 40 feet. Surrey Oaks Lane, Dana Lane and 501, 502, 505, 510, 517,518, 525, 526, 533, 534, 541 and 542 Lanecrest Lane shall have a depth ofnot less than 25feet. (2) Side yards. There shall be two side yards on each lot, neither of which shall be less than 15 percent of the lot width at the building line; provided, however, in no event shall a side yard be less than 15 feet or be required to be more than 30 feet. Notwithstanding, Surrey Oaks Lane, Dana Lane and 501, 502, 505, 510, 517,518, 525,526,533,534, 541 and 542 Lanecrest Lane shall have a side yard setback of 10 feet." Section 2. Any person who shall intentionally, knowingly, recklessly, or with criminal negligence violates any provision of this chapter shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed $2,000.00. Each day of violation shall constitute a separate offense. Section 3. In the event any clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, ori invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional, and the City Council of the City of Piney Point Village, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts. Section 4. All ordinances and parts of ordinance in conflict herewith are, to the extent ofs such conflict, hereby repealed. PASSED, APPROVED, AND ADOPTED on first and final reading this th day of 2020. Mark Kobelan Mayor ATTEST: Karen Farris City Secretary Landscaping Plan, as required by Section 74-245(3) 1) Landscaping plan prepared by a professional must be submitted to This must include orientation and specify the type, spacing and the size of the plantings per the pre-approved plantings in Exhibit A. Irrigation is mandatory. Planting in the city right of way is permissible. 2) Plantings not included in the pre-approved plantings list must be approved by the City's Urban Forester during the fence permit process. In the event the Urban Forester is unavailable, the Chairperson of the City of Piney Point Beautification Committee can 3) Plantings shall not include any of the following varieties, unless otherwise included on the Exhibit A, or the property owner already maintains these specific varieties on the property and additional the city for approval. authorize plantings not on Exhibit A. plantings are in keeping with a desired aesthetic: Plants considered invasive to Houston-Texas Gulf Coast Region (reference Pg. 16A Garden Book for Houston and the Texas Gulf Coast, River Oaks Garden Club, Fifth Edition, 2013 Tropical varieties (i.e. palms, banana plants, bamboo) Plants considered highly toxic to humans and/or animals. See Pgs. 640-643, A Garden Book for Houston and the Texas Gulf Coast, River Oaks Garden Club, Fifth Edition, 2013 Any vines that propagate by re-seeding Thorny varieties 4) Before and after photos must be provided at final permit inspection. 5) Regular maintenance is required at the owner's expense. This includes the City right of way if part of the approved landscaping plan. 6) Plantings in the City right of way that must be removed due to a City or public work's project must be replaced at the owner's expense per the originally approved landscaping plan within 60 days of the project's completion. 7) On or before 3 year after obtaining the permit, privacy plantings must shield a minimum of 80 percent of the wooden fence's surface area from view from the adjacent city road or private street. 8) Residents will be required to acknowledge in writing that they are aware of the ordinance and maintenance requirements, and that they will abide by such requirements.