NOTICE OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF HEMPSTEAD PLEASE NOTE: Public comments and matters from the floor are limited to 3 minutes per person. Alllotted minutes cannot be transferred to other individuals. Ifyou would like to request to speak, please do SO in advance of the meeting by filling out a Request to Address Council form available upon entrance to the meeting. Please silence all cell phones and electronic devices. PRESENTATIONS ARE LIMITED TO 7 MIINUTES. Notice is hereby given that a Regular Meeting of the City Council oft the City ofl Hempstead will be held on Monday, the 21st day of April, A.D., 2025 at 6:00 P.M. at the Hempstead City Hall, 1125 Austin Street, Hempstead, Texas, at which time the following subjects will be considered, to-wit: 1. Call to order and invocation. 2. Pledge of Allegiance. 3. Public Comments. 4. Consideration and action on minutes of March 17, 2025, March 24, 2025, March 31, 2025, and April 7, 2025, meetings. 5. Zoning Map Amendment from Equity Trust Company Custodian FBO Elka Wright SEP IRA, to zone upon annexation, as R-1 Single Family Residential District, that a tract of land containing 0.3138 Acre situated in the Jared E. Groce Survey, Abstract 131, Waller County, Texas being the same tract recorded in the name of Jubilee Ranch Ministries, Inc. in Volume 1177, Page 394 of the Waller County Deed Records (W.C.D.R.), being further described as the remainder of a tract recorded in Volume 177, Page 655 (Tract No. Two)ofthe W.C.D.R., and being more particularly described by metes and bounds as follows: (Bearings based on said Volume 177, Page 655 of the W.C.D.R.) BEGINNING at a 1/2 Inch iron rod with a Precision" cap set at the east end oft the north right-of-way line of McDade Street (unopened, 80 Feet wide), being the southeast corner of Lot 10, Block 495 of the City of Hempstead as recorded in Volume 106, Page 311 ofthe W.C.D.R. and being the northwest corner ofi this tract; THENCE, SOUTH 87° 40' 00" EAST, with the south line ofat tract recorded in the name of Victor Burrer, Jr. in Volume 488, Page 48 ofthe W.C.D.R., a distance of 61.52 Feet to a 1/2 Inch iron rod found on a west line of Grace Road (platted as Cemetery Road), at the northeast corner of this tract; THENCE, SOUTH 01° 12' 18" EAST, with said west line ofGrace Road, a distance of 199.82 Feet to a 1/2 Inch iron rod with a "Precision" cap set at the southeast corner ofthis tract; THENCE, SOUTH 88° 47' 42" WEST, a distance of 74.00 Feet to a 1/2 Inch iron rod with A "Precision" cap set at the southwest corner of this tract; THENCE, NORTH 02° 20' 00" EAST, with the east line ofLots 6, 7, & 8, Block 521 of the aforementioned City of Hempstead, a distance of 204.00 Feet to the POINT OF BEGINNING and containing 0.3138 Acres ofland. a. Public Hearing b. Consideration and action on an Ordinance of the City Council of the City of Hempstead upon annexation, as R-1 Single Family Residential District, that a tract of land containing 0.3138 Acre situated in the Jared E. Groce Survey, Abstract 131, Waller County, Texas being the same tract recorded in the name ofJubilee Ranch Ministries, Inc. in Volume 1177, Page 394 of the Waller County Deed Records (W.C.D.R.), being further described as the remainder of a tract recorded in Volume 177, Page 655 (Tract No. Two) of the W.C.D.R., and being more particularly described by metes and bounds as follows: (Bearings based on said Volume 177, Page 655 ofthe W.C.D.R.) BEGINNING at a 1/2 Inch iron rod with a "Precision" cap set at the east end of the north right-of-way line of McDade Street (unopened, 80 Feet wide), being the southeast corner of Lot 10, Block 495 of the City of Hempstead as recorded in Volume 106, Page. 311 ofthe W.C.D.R. and being the northwest corner of this tract; THENCE, SOUTH 87° 40' 00" EAST, with the south line ofa tract recorded in the name of Victor Burrer, Jr. in Volume 488, Page 48 ofthe W.C.D.R., a distance of61.52 Feet to a 1/2 Inch iron rod found on a west line of Grace Road (platted as Cemetery Road), at the northeast corner of this tract; THENCE, SOUTH 01° 12' 18" EAST, with said west line ofGrace Road, a distance of 199.82 Feet to a 1/2 Inch iron rod with a Precision" cap set at the southeast corner of this tract; THENCE, SOUTH 88° 47' 42" WEST, a distance of74.00 Feet to a 1/2 Inch ron rod with A "Precision" cap set at the southwest corner of this tract; THENCE, NORTH 02° 20' 00" EAST, with the east line ofLots 6, 7, & 8, Block 521 of the aforementioned City of Hempstead, a distance of 204.00 Feet to the POINT OF BEGINNING and containing 0.3138 Acres ofland; providing for penalties; providing for a savings clause; and finding and determining that the meeting at which this ordinance is passed is opne to the public as required by law. 6. Specific Use Permit Request for placement of an adult daycare in R-1 Single Family Residential at Block 87, Lot 6, also known as 405 gth Street. a. Public Hearing b. Consideration and action on an Ordinance of the City Council of the City of Hempstead amending the City of Hempstead Code of Ordinances by granting a Specific Use Permit to allow the placement of an adult daycare to be used at Block 87, Lot 6 located in the R-1 Single Family Residential; Providing for a penalty in an amount of $2,000 for each day the violation exists; providing for an effective date; and providing for severability and repeal of any Ordinance in conflict herewith. 7. Specific Use Permit Request for placement of an adult daycare in the R-1 Single Family Residential at Block 60, Lot 6, also known as 315 7th Street. a. Public Hearing b. Consideration and action on an Ordinance of the City Council of the City of Hempstead amending the City of Hempstead Code of Ordinances by granting a Specific Use Permit to allow the placement of an adult daycare to be used at Block 60, Lot 6 located in the R-1 Single Family Residential; Providing for a penalty in an amount of $2,000 for each day the violation exists; providing for an effective date; and providing for severability and repeal of any Ordinance in conflict herewith. 8. Application of Special Use Regulations under 4.01.1 oft the Code of Ordinances at Block 87, Lot 6-Address: 405 gth Street and Block 60, Lot 6; Address: 315 7th Street. 9. Consideration and action on a proposal for engineering and surveying services for construction of Asphalt Roads in the City ofHempstead. 1st Street to Galveston Street to Allen Street. 10. Consideration, discussion, and action to approve an agreement with the law firm of Linebarger Goggan Blair & Sampson, LLP to act as special counsel to perform all legal services necessary to collect unpaid fines, fees and court costs as provided in Texas Code of Criminal Procedure Article 103.0031; and unpaid utility accounts; B) Authorize the mayor to sign the agreement on the city's behalf. 11. Consideration, discussion and action on a Resolution from the City Council of the City of Hempstead regarding Linebarger Goggan Blair & Sampson, LLP as being fully qualified as special counsel to perform all legal services pursuant to Section 2254.1036 ofthe Texas Government Code. 12. Consideration and action on payment of current bills. 13. A. Mayor Reports- 1. Sales Tax B. Councilmembers Reports- 1. Nora Hodges- Update on Small Town Cities Conference. CLOSED SESSION The City Council of the City ofHempstead reserves the right to adjourn into executive session at any time during the course ofthis meeting to discuss any ofthe matters listed below authorized by Texas Government Code, Sections 551.071 (Consultation with Attorney), 551.072 (Deliberations about Real Property), 551.073 (Deliberations about Gifts and Donations), 551.074 (Personnel Matters), 551.076 (Deliberations about Security Devices), 551.087 (Economic Development), and 551.086 (Certain Public Power Utilities: Competitive Matters). Specifically, City Council will meet in executive session pursuant to Texas Government Code Section 551.071 Consultation with Attorney regarding the following: 14. Appointing Frank Rodriguez as acting Building Official. OPEN SESSION Council may act in Open Session on any item listed for Executive Session. 15. Consideration and action on appointing Frank Rodriguez as acting Building Official. 16.A Adjourn City Council Meeting. Dated this the 17th day of April, A.D., 2025. By: Sabrina Aluareg Sabrina Alvarez, City Secretary I, the undersigned authority, do hereby certify that the above Notice of a Special Meeting of the governing body of the City ofHempstead is a true and correct copy of said Notice, and that a true and correct copy of said Notice was posted on the City Hall bulletin board and entrances to City Hall, in the City Hall of said City of Hempstead, Texas, a place convenient and readily accessible to the general public at all times, and that said Notice was posted on April 17, 2025 at 9:00 A.M. and remained SO posted continuously for at least 72 hours preceding the scheduled time of said meeting. Dated this the 17th day of April, A.D., 2025. By: Sabrina Aluares Sabrina Alvarez, City Secretary PUBLIC PARTICIPATION BY TELEPHONE The City ofHempstead City Council may conduct the meeting scheduled at 6:00 P.M. on Monday the 21st day of April 2025 at the Hempstead City Hall, 1125 Austin Street, Hempstead, Texas. The public will be permitted to offer public comments telephonically as provided by the agenda and as permitted by the presiding officer during the meeting. A recording ofthe telephonic meeting will be made and will be available to the public upon written request. The toll-free dial-in number to participate in the meeting telephonically is: 1-346-248-7799; Access Code 989-478-2100 IF CITY COUNCIL MEMBERS ARE GOING TO APPEAR BY VIDEOCONFERENCE A QUORUM OF COUNCILMEMBERS MUST BE PRESENT ATTHE LOCATION. NOTICE OF MEETING BY VIDEO CONFERENCE The City ofHempstead City Council may conduct the meeting scheduled at 6:00 P.M. on Monday the 21st day of April 2025 at the Hempstead City Hall, 1125 Austin Street, Hempstead, Texas by videoconference in addition to allowing in person attendance. A quorum of the City Council will be physically present at the Hempstead City Hall, 1125 Austin Street, Hempstead. The public may participate in the City Council Meeting by using the following information: 1-346-248-7799, Access Code 989-478-2100 STATE OF TEXAS COUNTY OF WALLER CITY OF HEMPSTEAD BE IT REMEMBERED that on the 17th day of March 2025, A.D., 2025 at 6:00 P.M. the City Council met in a Regular Meeting at the Hempstead City Hall, 1125 Austin Street, Hempstead, Texas, there being present, to-wit: Katherine Ragston Ward, Mayor Charles Williams, City Attorney Lonnie Garfield, Mayor Pro-Tem Sabrina Alvarez, City Secretary Veronica Klausmeyer, Councilmember Dave Shelburne, Councilmember Nora Hodges, Councilmember Karon E. Neal, Councilmember 1. Call to order and invocation. Mayor Katherine Ragston Ward called the meeting to order at 6:00 P.M. and Mayor Pro-Tem Lonnie Garfield gave the invocation. 2. Pledge of Allegiance. The Pledge of Allegiance was given. 3. Public Comments. Mike Trojan spoke to council about his frustrations with getting his garage permit. He stated to council that he has a meeting before the Board of Adjustments on March 25, 2025, at 5 to be heard on a building code and not a variance and that he did not pay the fee associated with the application. He also stated to council street repairs on McDade and Jackson Street the piles of dirt need to be removed to allow for proper drainage. Also, on Jackson and San Antonio Streets the road needs to be asphalted. 4. Consideration and action on minutes of February 18, 2025, and March 3, 2025, meetings. Councilmember Dave Shelburne made a motion to approve the minutes. Councilmember Veronica Klausmeyer seconded the motion and carried unanimously. 5. Consideration and action on the Notice ofGeneral Election of the City ofHempstead, Texas. Mayor Pro-Tem Lonnie Garfield made a motion to approve the Notice of Election. Councilmember Karon Neal seconded the motion and carried unanimously. 6. Consideration and action on a Resolution of the City Council of the City of Hempstead, Texas, amending Ordinance 24-123, which approved the City of Hempstead General Budget for the 2024-2025 Fiscal Year for the purpose of revising specific line-item expenditures therein; and making other provisions related to the subject. Councilmember Veronica Klausmeyer made a motion to approve the Ordinance. Mayor Pro-Tem Lonnie Garfield seconded the motion. AYES-Councimember Veronica Klausmeyer, Mayor Pro- Tem Lonnie Garfield and Councilmember Karon Neal. NO's- Councilmember Dave Shelburne and Councilmember Nora Hodges. Motion carried. 7. Consideration and action on a Parade Permit from Little League to hold a parade on March 22, 2025. Mayor Pro-Tem Lonnie Garfield made a motion to approve the parade permit. Councilmember Veronica Klausmeyer seconded the motion and carried unanimously. 8. Consideration and action from Waller County Fair. Association for Hotel/Motel Funds in the amount of $5,000.00 for advertising for the Demolition Derby. Councilmember Nora Hodges stated she had more questions and wanted a representative present to have her question asked. Councilmember Dave Shelburne concurred. Mayor Pro-Tem Lonnie Garfield made a motion to postpone the agenda item until the meeting on March 24, 2025. Councilmember Nora Hodges seconded the motion and carried unanimously. 9. Consideration and action on payment of current bills. Councilmember Dave Shelburne made a motion to approve the bills. Councilmember Nora Hodges seconded the motion and carried unanimously. 10. A. Mayor Reports- 1. Sales Tax- Sales Tax for March is in the negative. B. Councilmembers Reports- 1. Nora Hodges- I will be attending the TML Midyear Conference on March 20- 21 in Austin for the purpose of connecting with legislators to advocate on city- related bills that affect the City of Hempstead. On March 19, T will be with the Mayor and Public Works Director 9 meeting with legislators at the capitol as part of TML Action Day. 11. Adjourn City Council Meeting. Mayor Pro-Tem Lonnie Garfield made a motion to adjourn the meeting at 6:18 P.M. Councilmember Veronica Klausmeyer seconded the motion and carried unanimously. PASSED AND APPROVED this the 21st day of April, A.D., 2025. APPROVED: Katherine Ragston Ward, Mayor ATTEST: Sabrina Alvarez, City Secretary STATE OF TEXAS COUNTY OF WALLER CITY OF HEMPSTEAD BE IT REMEMBERED that on the 24th day ofMarch, A.D., 2025 at 5:30 P.M. the City Council met in a Special Meeting at the Hempstead City Hall, 1125 Austin Street, Hempstead, Texas, there being present, to-wit: Katherine Ragston Ward, Mayor Charles Williams, City Attorney Lonnie Garfield, Mayor Pro-Tem Sabrina Alvarez, City Secretary Veronica Klausmeyer, Councilmember Dave Shelburne, Councilmember Nora Hodges, Councilmember Karon E. Neal, Councimember 1. Call to order and invocation. Mayor Katherine Ragston Ward called the meeting to order at 5:30 P.M. and Mayor Pro-Tem Lonnie Garfield gave the invocation. 2. Pledge of Allegiance. The Pledge of Allegiance was given. 3. Public Comments. None 4. Consideration and action on awarding the bid for additional work at the Hempstead Economic Development Building. Postponed until a later date by Mayor Ward, the bid was not available. 5. Consideration and action from Waller County Fair Association for Hotel/Motel Funds in the amount of $5,000.00 for advertising for the Demolition Derby. Dustin Standley with the Waller County Fair Association stated to council that out of state people come to the demolition derby and all the monies fund the scholarship program. 160K was awarded last year for scholarships. Americas Best Value Inn and Super 8 Motel have been booked already for five teams coming in from Oklahoma. Councilmember Dave Shelburne made a motion to approve the hotel/motel funds. Councilmember Nora Hodges seconded the motion and carried unanimously. 6. Adjourn City Council Meeting. Councilmember Karon Neal made a motion to adjourn the meeting at 5:38 P.M. Councilmember seconded the motion and carried unanimously. PASSED AND APPROVED this the 21st day of April, A.D., 2025. APPROVED: Katherine Ragston Ward, Mayor ATTEST: Sabrina Alvarez, City Secretary STATE OF TEXAS COUNTY OF WALLER CITY OF HEMPSTEAD BE IT REMEMBERED that on the 31st day of March, A.D., 2025 at 5:30 P.M. the City Council met in a Special Meeting at the Hempstead City Hall, 1125 Austin Street, Hempstead, Texas, there being present, to-wit: Katherine Ragston Ward, Mayor Charles Williams, City Attorney Lonnie Garfield, Mayor Pro-Tem Sabrina Alvarez, City Secretary Veronica Klausmeyer, Councilmember Dave Shelburne, Councilmember Nora Hodges, Councilmember Karon E. Neal, Councimember 1. Call to order and invocation. Mayor Katherine Ragston Ward called the meeting to order at 5:30 P.M. and Mayor Pro-Tem Lonnie Garfield gave the invocation. 2. Pledge of Allegiance. The Pledge of Allegiance was given. 3. Public Comments. Mildred Jefferson stated to council about the sign that is outside of city hall, the font is too small, and it is not bright enough. Also, she asked that the meeting dates and times be posted on the sign. 4. Consideration and action on a recommendation from Hempstead Economic Development Board on awarding the bid for additional work at the Hempstead Economic Development Building. Councilmember Nora Hodges needed clarification on the completion date oft the work. and if all the materials were going to be supplied. Building Inspector Frank Rodriguez stated yes, and that the completion date is the same date as stated in the contract. Councilmember Nora Hodges made a motion to approve the bid for in the amount of $79,085.00 to Bulldog Construction and Remolding for the additional work at the Hempstead Economic Development building. Mayor Pro-Tem Lonnie Garfield seconded the motion and carried unanimously. 5. Consideration and action on awarding the bid for 150KW Generator & Transfer switch for the Hempstead Recreation Center. (The Project will be financed with assistance from the U.S. Department ofTreasury under the Coronavirus State and Local Fiscal Recovery Funds (SLFRF/ARPA) program and is subject to all applicable Federal and State laws and regulations.) Bid was opened by Mayor Ward per the bid documents. Only one bid was submitted. Mayor Pro- Tem Lonnie Garfield made a motion to approve the bid in the amount of$100,490.00 to Waller County Electric for the 150K Generator and transfer switch. Councilmember Nora Hodges seconded the motion and carried unanimously. 6. Consideration and action on awarding the bid for a street sweeper for the Hempstead Street Department. (The Project will be financed with assistance from the U.S. Department of Treasury under the Coronavirus State and Local Fiscal Recovery Funds (SLFRF/ARPA) program and is subject to all applicable Federal and State laws and regulations.) Bid was opened by Mayor Ward per the bid documents. Only one bid was submitted. Councilmember Nora Hodges made a motion to approve the bid in the amount of $204,950.00 to IDS for the Street Sweeper. Councilmember Veronica Klausmeyer seconded the motion and carried unanimously. 7. Adjourn City Council Meeting. Mayor Pro-Tem Lonnie Garfield made a motion to adjourn the meeting at 5:45 P.M. Councilmember Veronica Klausmeyer seconded the motion and carried unanimously. PASSED AND APPROVED this the 21st day of April, A.D., 2025. APPROVED: Katherine Ragston Ward, Mayor ATTEST: Sabrina Alvarez, City Secretary STATE OF TEXAS COUNTY OF WALLER CITY OF HEMPSTEAD BE IT REMEMBERED that on the 7th day of April A.D., 2025 at 6:00 P.M. the City Council met in a Regular Meeting at the Hempstead City Hall, 1125 Austin Street, Hempstead, Texas, there being present, to-wit: Katherine Ragston Ward, Mayor Charles Williams, City Attorney Lonnie Garfield, Mayor Pro-Tem (Via Zoom) Sabrina Alvarez, City Secretary Veronica Klausmeyer, Councilmember (Absent) Dave Shelburne, Councilmember Nora Hodges, Councilmember Karon E. Neal, Councilmember 1. Call to order and invocation. Mayor Katherine Ragston Ward called the meeting to order at 6:00 P.M. and Mayor Pro-Tem Lonnie Garfield gave the invocation. 2. Pledge of Allegiance. The Pledge of Allegiance was given. 3. Public Comments. Rob Heflin with EZEE Fiber spoke to council and wanted to put names with faces, they will be burying conduits, their permits are pending, and they will be in and out in less than sixty days. Mike Trojan spoke to council with his trustrations on his garage permit and is not in favor or appointing Frank Rodriguez as Building Official. Erica Jones introduced herselfto council and mayor, she is the new county extension agent. They will have various workshops, would like to partner with the city and help the citizens. 4. Consideration and action on appointing Frank Rodriguez as Building Official for the City of] Hempstead. Councilmember Dave Shelburne, Councilmember Nora Hodges, and Mayor Pro-Tem Lonnie Garfield were against the appointment ofthe Building Official. Councilmember Karon Neal was for it. Councilmember Dave Shelburne voted a no against the appointment. Councilmember Nora Hodges seconded the motion. AYES-Councimember Karon Neal. NO'S-Mayor Pro-Tem Lonnie Garfield, Councilmember Dave Shelburne, Councilmember Nora Hodges. ABSENT-Councilmember Veronica Klausmeyer. Motion carried. 5. Administer Oath of Office to Building Official. No action taken. 6. Consideration and action from Hempstead Commerce and Civic Association on a Parade Permit to be held on May 3, 2025, for Cinco De Mayo. Councilmember Nora Hodges made a motion to approve the permit contingent upon having a updated certificate of liability. Councilmember Dave Shelburne seconded the motion and carried unanimously. 7. Consideration and action on street closures for the Cinco De Mayo Parade to be held May 3, 2025. Councilmember Dave Shelburne made a motion to approve the street closures. Councilmember Nora Hodges seconded the motion and carried unanimously. 8. Consideration and action from Hempstead Commerce and Civic Association on a Parade Permit to be held on May 26, 2025, for Memorial Day. Councilmember Nora Hodges made a motion to approve the permit contingent upon having a updated certificate of liability. Councilmember Dave Shelburne seconded the motion and carried unanimously. 9. Consideration and action on street closures for the Memorial Day Parade to be held on May 26, 2025. Councilmember Nora Hodges made a motion to approve the street closures. Councilmember Karon Neal seconded the motion and carried unanimously. 10. Consideration and action from Greater St. Peter's Baptist Church on a Parade Permit to be held June 19, 2025, for Juneteenth. Councilmember Nora Hodges made a motion to approve the parade permit. Mayor Pro-Tem Lonnie Garfield made seconded the motion and carried unanimously. 11. Consideration and action on street closures for the Juneteenth Parade to held on June 19, 2025. Mayor Pro-Tem Lonnie Garfiled made a motion to approve the street closures. Councilmember Karon Neal seconded the motion and carried unanimously. 12. Councilmembers Reports. a. Nora Hodges- sharing information regarding some of the priority bills advancing in the 89th legislative session that will affect our city. Councilmember Nora Hodges stated some of the bills are the digital newspapers, and the late payment exemptions. She will also be attending the TML Small Cities Clinic. 13. Adjourn City Council Meeting. Councilmember Dave Shelburne made a motion to adjourn the meeting at 6:13 P.M. Councilmember Karon Neal seconded the motion and carried unanimously. PASSED AND APPROVED this the 21st day of April, A.D., 2025. APPROVED: Katherine Ragston Ward, Mayor ATTEST: Sabrina Alvarez, City Secretary - City of Stempotead 850 1125. Austin Street . Hempstead, Texas 77445 e Tel: 979-826-2486 o Fax: 979-826-6703 ORDINANCE NO. 25-107 AN ORDINANCE OF THE CITY OF HEMPSTEAD, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OFT THE CITY OF HEMPSTEAD BE AMENDED BY AMENDING THE ZONING MAP SO THAT PROPERTY DESCRIBED as upon annexation, as R- 1 Single Family Residential District, that a tract of land containing 0.3138 Acre situated in the Jared E. Groce Survey, Abstract 131, Waller County, Texas being the same tract recorded in the name of Jubilee Ranch Ministries, Inc. in Volume 1177, Page 394 of the Waller County Deed Records (W.C.D.R.), being further described as the remainder ofa tract recorded in Volume 177, Page 655 (Tract No. Two) of the W.C.D.R., and being more particularly described by metes and bounds as follows: (Bearings based on said Volume 177, Page 655 ofthe W.C.D.R.) BEGINNING at a 1/2 Inch iron rod with a "Precision" cap set at the east end of the north right-of-way line ofMcDade Street (unopened, 80 Feet wide), being the southeast corner of Lot 10, Block 495 of the City of Hempstead as recorded in Volume 106, Page 311 of the W.C.D.R. and being the northwest corner ofthis tract; THENCE, SOUTH 87° 40' 00" EAST, with the south line of a tract recorded in the name of Victor Burrer, Jr. in Volume 488, Page 48 of the W.C.D.R., a distance of 61.52 Feet to a 1/2 Inch iron rod found on a west line of Grace Road (platted as Cemetery Road), at the northeast corner of this tract; THENCE, SOUTH 01° 12" 18" EAST, with said west line of Grace Road, a distance of 199.82 Feet to a 1/2 Inch iron rod with a "Precision" cap set at the southeast corner oft this tract; THENCE, SOUTH 88° 47' 42" WEST, a distance of 74.00 Feet to a 1/2 Inch iron rod with A "Precision" cap set at the southwest corner oft this tract; THENCE, NORTH 02° 20' 00" EAST, with the east line ofLots 6, 7, & 8, Block 521 of the aforementioned City of Hempstead, a distance of 204.00 Feet to the POINT OF BEGINNING and containing 0.3138 Acres of land; PROVIDING FOR PENALTIES; PROVIDING A SAVINGS CLAUSE; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the Owner of a tract of land has made application to the City to designate the zoning classification of said tract ofland, same being more particularly described as upon annexation, as R-1 Single Family Residential District, that a tract ofland containing 0.3138 Acre situated in the Jared E. Groce Survey, Abstract 131, Waller County, Texas being the same tract recorded in the name ofJubilee Ranch Ministries, Inc. in Volume 1177, Page 394 of the Waller County Deed Records (W.C.D.R.), being further described as the remainder of a tract recorded in Volume 177, Page 655 (Tract No. Two) of the W.C.D.R., and being more particularly described by metes and bounds as follows: (Bearings based on said Volume 177, Page 655 of the W.C.D.R.) BEGINNING at a 1/2 Inch iron rod with a "Precision" cap set at the east end of the north right-of-way line of McDade Street (unopened, 80 Feet wide), being the southeast corner of Lot 10, Block 495 of the City of Hempstead as recorded in Volume 106, Page 311 of the W.C.D.R. and being the northwest corner of this tract; THENCE, SOUTH 87° 40' 00" EAST, with the south line of a tract recorded in the name of Victor Burrer, Jr. in Volume 488, Page 48 of the W.C.D.R., a distance of 61.52 Feet to a 1/2 Inch iron rod found on a west line ofGrace Road (platted as Cemetery Road), at the northeast corner of this tract; THENCE, SOUTH 01° 12' 18" EAST, with said west line of Grace Road, a distance of 199.82 Feet to a 1/2 Inch iron rod with a "Precision" cap set at the southeast corner of this tract; THENCE, SOUTH 88° 47' 42" WEST, a distance of 74.00 Feet to a 1/2 Inch iron rod with A "Precision" cap set at the southwest corner of this tract; THENCE, NORTH 02° 20' 00" EAST, with the east line ofLots 6, 7, & 8, Block 521 of the aforementioned City of Hempstead, a distance of 204.00 Feet to the POINT OF BEGINNING and containing 0.3138 Acres ofl land. WHEREAS, the Planning and Zoning Commission has conducted a Public Hearing on April 7, 2025, at 5:00 P.M. on such request, in the time and manner required by law and the Zoning Ordinance ofthe City, and denied the application; and WHEREAS, the City Council of the City conducted a Public Hearing on such request on April 21, 2025, at 6:00 P.M. in the time and manner required by law and the Zoning Ordinance of the City; and WHEREAS, the proposed zoning is to recognize conditions and circumstances in the area near the property to be rezoned; and BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HEMPSTEAD, TEXAS: 2 Section 1. The facts and matters set forth in the preamble of this Ordinance are hereby found to be true and correct and are incorporated herein for all purposes. Section 2. That pursuant to the Code of Ordinances of the City of Hempstead, Texas, the zoning map is amended as follows upon annexation, as R-1 Single Family Residential District, that a tract of land containing 0.3138 Acre situated in the Jared E. Groce Survey, Abstract 131, Waller County, Texas being the same tract recorded in the name of. Jubilee Ranch Ministries, Inc. in Volume 1177, Page 394 of the Waller County Deed Records (W.C.D.R.), being further described as the remainder of a tract recorded in Volume 177, Page 655 (Tract No. Two) ofthe W.C.D.R., and being more particularly described by metes and bounds as follows: (Bearings based on said Volume 177, Page 655 ofthe W.C.D.R.) BEGINNING at a 1/2 Inch iron rod with a Precision" cap set at the east end of the north right-of-way line of McDade Street (unopened, 80 Feet wide), being the southeast corner of Lot 10, Block 495 of the City of Hempstead as recorded in Volume 106, Page 311 ofthe W.C.D.R. and being the northwest corner ofi this tract; THENCE, SOUTH 87° 40' 00" EAST, with the south line ofat tract recorded in the name of Victor Burrer, Jr. in Volume 488, Page 48 ofthe W.C.D.R., a distance of61.52 Feet to a 1/2 Inch iron rod found on a west line ofGrace Road (platted as Cemetery Road), at the northeast corner of this tract; THENCE, SOUTH 01° 12' 18" EAST, with said west line of Grace Road, a distance of 199.82 Feet to a 1/2 Inch iron rod with a "Precision" cap set at the southeast corner of this tract; THENCE, SOUTH 88° 47' 42" WEST, a distance of 74.00 Feet to a 1/2 Inch iron rod with A "Precision" cap set at the southwest corner of this tract; THENCE, NORTH 02° 20' 00" EAST, with the east line of Lots 6, 7, & 8, Block 521 of the aforementioned City of Hempstead, a distance of 204.00 Feet to the POINT OF BEGINNING and containing 0.3138 Acres ofland. which should be designated and classified as R-1 Zoning district and the Zoning Map shall be amended accordingly. Section 3. That a violation of this ordinance shall be a Class C misdemeanor and the penalty for violating this Ordinance shall be a maximum fine of $2,000.00, and each day a violation exists shall be a separate offense. Section 4. That if any provision of this Ordinance shall be held to be invalid or unconstitutional, the remainder ofs such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. Section 5. That it is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public as required by law, and that public notice of the time, place and purpose of said meeting was given as required. PASSED AND APPROVED this the 215t day of April. A.D.. 2025. 3 APPROVED: Katherine Ragston Ward, Mayor ATTEST: Sabrina Alvarez, City Secretary 4 City ofH Hempstead 1125 Austin Street, Hempstead, Texas 77445 Phone No. (979) 826-2486 RESOLUTION NO. 25-_002 ZONING MAP AMENDMENT - upon annexation, as R-1 Single Family Residential District, that a tract of land containing 0.3138 Acre situated in the Jared E. Groce Survey, Abstract 131, Waller County, Texas being the same tract recorded in the name of Jubilee Ranch Ministries, Inc. in Volume 1177, Page 394 of the Waller County Deed Records (W.C.D.R.), being further described as the remainder ofa tract recorded in Volume 177, Page 655 (Tract No. Two) of the W.C.D.R., and being more particularly described by metes and bounds as follows: (Bearings based on said Volume 177, Page 655 oft the W.C.D.R.) BEGINNING at a 1/2 Inch iron rod with a "Precision" cap set at the east end of the north right-of-way line of McDade Street (unopened, 80 Feet wide), being the southeast corner ofLot 10, Block 495 oft the City of] Hempstead as recorded in Volume 106, Page 311 of the W.C.D.R. and being the northwest corner of this tract; THENCE, SOUTH 87° 40' 00" EAST, with the south line of a tract recorded in the name of Victor Burrer, Jr. in Volume 488, Page 48 of the W.C.D.R., a distance of 61.52 Feet to a 1/2 Inch iron rod found on a west line of Grace Road (platted as Cemetery Road), at the northeast corner of this tract; THENCE, SOUTH 01° 12' 18" EAST, with said west line of Grace Road, a distance of199.82 Feet to a 1/2 Inch iron rod with a "Precision" cap set at the southeast corner of this tract; THENCE, SOUTH 88° 47' 42" WEST, a distance of 74.00 Feet to a 1/2 Inch iron rod with A "Precision" cap set at the southwest corner of this tract; THENCE, NORTH 02° 20' 00" EAST, with the east line of Lots 6, 7, & 8, Block 521 oft the aforementioned City of] Hempstead, a distance of 204.00 Feet to the POINT OF BEGINNING and containing 0.3138 Acres of land. BE IT RESOLVED BY THE BOARD OF PLANNING AND ZONING COMMISSION OF THE HEMPSTEAD OF THE CITY OF HEMPSTEAD, TEXAS: To approve/deny a Zoning Map Amendment- upon annexation, as R-1 Single Family Residential District, that a tract of land containing 0.3138 Acre situated in the Jared E. Groce Survey, Abstract 131, Waller County, Texas being the same tract recorded in the name of Jubilee Ranch Ministries, Inc. in Volume 1177, Page 394 of the Waller County Deed Records (W.C.D.R.), being further described as the remainder of a tract recorded in Volume 177, Page 655 (Tract No. Two) of the W.C.D.R., and being more particularly described by metes and bounds as follows: (Bearings based on said Volume 177, Page 655 of the W.C.D.R.) BEGINNING at a 1/2 Inch iron rod with a "Precision" cap set at the east end oft the north right-of-way line of McDade Street (unopened, 80 Feet wide), being the southeast corner of Lot 10, Block 495 of the City of Hempstead as recorded in Volume 106, Page 311 of the W.C.D.R. and being the northwest corner of this tract; THENCE, SOUTH 87° 40' 00" EAST, with the south line of a tract recorded in the name of Victor Burrer, Jr. in Volume 488, Page 48 of the W.C.D.R., a distance of 61.52 Feet to a 1/2 Inch iron rod found on a west line of Grace Road (platted as Cemetery Road), at the northeast corner of this tract; THENCE, SOUTH 01° 12' 18" EAST, with said west line of Grace Road, a distance of 199.82 Feet to a 1/2 Inch iron rod with a "Precision" cap set at the southeast corner of this tract; THENCE, SOUTH 88° 47' 42" WEST, a distance of 74.00 Feet to a 1/2 Inch iron rod with A "Precision" cap set at the southwest corner of this tract; THENCE, NORTH 02° 20' 00" EAST, with the east line ofLots 6, 7, & 8, Block 521 of the aforementioned City of Hempstead, a distance of 204.00 Feet to the POINT OF BEGINNING and containing 0.3138 Acres of land and finding that the amendment is in accordance with City's comprehensive plan. PASSED AND APPROVED this the 7th day of April, A.D., 2025. APPROVED: b A John Busby, Chairman ATTEST: Lilian Ruiz, Planner City of Hempstead Zoning Map Amendment (Rezoning) Form NOTE: Please print all information requested below. Number Date Name of Applicant Elka wright Applicant's Signature GAG Current Address 3314 Jage temie Ln Kahyty 27480 Phone 7B4248193 Address ofthe property you seek to have rezoned 0 lencheg Rd,emplad Tx Legal description ofthe property Tared R 6rce 110-3 Subdivision 9S 313100 fi00 3100 2001 24 Block' Lot Parcel Lot Width Lot Depth egal capacity in which you are applying for this rezoning: Owner Representative of the owner Otber (explain below) Current zoning classification ofthe property: Desicnkal lot Requested zoning classification: R1 Reasons supporting your requested rezoning: yhe propaly WS aney to-th 4 - cpslead Current land use activities abutting the subject property: On the North: Vacsnt 54 On the South: - A edeiy n the East: n lol On the West: Vacank - ot ARTICLE 2 - SECTION 2.03 (OVER) EXPIRATION - 1 YEAR Public date for the Commission 4-7-25 hearing Planning & Zoning 3-27-25 Date notice sent to abutting property owners. (Not less than ten days before the public hearing date.) 2-18-25 Date notice published in a local newspaper. (Not less than fifteen days before the public hearing date.) Planning Commission Report Recommendations and: reasons supporting the recommendations of the Planning & Zoning Commission: MOtion 1DO app Protest by 20% or more of abutting property owners? Yes No Public hearing date for the City Council. Date notice sent to abutting property owners. (Not less than ten days before the public hearing date.) Date notice published in a local newspaper. (Not less than fifteen days before the public hearing date.) Decision of the City Council: Rezoning request approved Rezoning request denied Reasons given for the City Council's decision: Zoning Map Amendment Form - PAGE 2 Alen 5t a E - 471 47? 4/1 473 469 Bcker 5t 80 R3 499 495 497 M 495 495 MDade S: 80 J 525 NG 523 522 52' Lonorc S: 80 55: C Cem School 549 548 541 Hempstead Cemetery Jockscn Cem p0 577 578 57 School R3 574 573 San Artonio S:. SINGLE FAMILY Cem RESIDENTIAL 80 603 602 50' School 630 599 ho-vton St Cem Spanish * 0.3138 Acre IA - - 1 INTERIOR *LEGEND 000 NORTH SICE AR - AGRICULTURAL RESIDENTIAL 125 75 125 175 s 0 6) se R1 - SINGLE-FAMILY RESIDENTIAL 103 103 Ss 2) 2) sc 175' 125" R2 - MULTI-FAMILY RESIDENTIAL S d @) 8 se : 8 R3 - MULTI-FAMILY 4 so 4) 9 se - RESIDENTIAL (5) SOUTH SIDE MH - MANUFACTURED HOUSING a so 0O 501 I 125' 23 12 EVEN 7 7 CBD = CENTRAL BUSINESS DISTRICT 129 175 NC - NEIGHBORHOOD COMMERCIAL WEST SIDE - N.W CORNER 108' 105 HC HIGHWAY COMMERCIAL HC 2 - HIGHWAY 103 25 os COMMERCIAL A PS - PLANNED SHOPPING 103 2e 353 S.W. CORNER 108 RV = RECREATIONAL VEHICLE PARK 57 154 LM = LICHT MANUFACTURING 04" A HISTORIC DISTRICT TYPICAL Single family detached homes are permitted as a use BLOCKS hy right in AR, R-1, R-2, R-3, K MH 7oning districts. Single family detached homes are permitted as a specitic use in all other zoning districts. 5 City of Stempotead a 1125. Austin Street e Hempstead, Texas 77445 e Tel: 979-826-2486 e Fax: 979-826-6703 ORDINANCE NO. 25-105 AN ORDINANCE OF THE CITY OF HEMPSTEAD, TEXAS, AMENDING THE CITY OF HEMPSTEAD CODE OF ORDINANCES BY GRANTING A SPECIFIC USE PERMIT TO ALLOW THE PLACEMENT OF AN ADULT DAYCARE TO BE USED AT BLOCK 87, LOT 6 LOCATED IN THE R1- SINGLE FAMILY RESIDENTIAL; PROVIDING FOR A PENALTY IN AN AMOUNT UP TO $2,000 FOR EACH DAY THE VIOLATION EXISTS; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR SEVERABILITY AND REPEAL OF ANY ORDINANCE IN CONFLICT HEREWITH. WHEREAS, the Owner of Block 87, Lot 6 has made application to the City to approve a Specific Use Permit to allow the construction of a church in the R1-Single Family Residential District; and WHEREAS, the Planning and Zoning Commission conducted a Public Hearing on April 7, 2025, at 5:00 P.M. that on said request, in the time and manner required by law and the Zoning Ordinance ofthe City; and WHEREAS, the Planning and Zoning Commission recommended to City Council that it has determined it appropriate to grant such request and recommends approval of the amendment; and WHEREAS, the City Council conducted a Public Hearing on such request on April 21, 2025, at 6:00 P.M. in the time and manner required by law and the Zoning Ordinance of the City; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HEMPSTEAD, TEXAS: Section 1. That the facts and matters set forth in the preamble ofthis Ordinance are hereby found to be true and correct and are incorporated herein for all purposes. Section 2. That pursuant to the Code ofOrdinances ofthe City ofHempstead, Texas, a Specific Use Permit it is hereby approved to allow an adult daycare facility to be used in the residence at Block 87, Lots 6 located in R1-Single Family Residential, in accordance with and subject to the site plan, and special conditions set forth in Exhibit A, attached hereto as previously approved by the Planning and Zoning Commission, and are made a part hereof for all purposes. Section 3. That a violation ofthis ordinance shall be a Class C misdemeanor and the penalty for violating this ordinance shall be a maximum fine of $2,000.00 for each day the violation exists. Section 4. That if any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. Section 5. That all ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. Section 6. That it is hereby officially found and determined that the meeting at which this ordinance is passed was open to the public as required by law, and that public notice of the time, place and purpose of said meeting was given as required. PASSED AND APPROVED this the 21* day of April , 2025. APPROVED: Katherine Ragston Ward, Mayor ATTEST: Sabrina Alvarez, City Secretary City ofHempstead 1125 Austin Street, Hempstead, Texas 77445 Phone No. (979) 826-2486 RESOLUTION NO. 25- 003 Al RESOLUTION APPROVING A SPECIFIC USE PERMIT FOR PLACEMENT AND OPERATION OF AN ADULT DAYCARE FACILITY IN THE R-1- SINGLE -FAMIILY RESIDENTIAL ZONE AT BLOCK (87) LOT (6) OF THE CITY OF HEMPSTEAD AND LOCATED AT (405 8TH STREET), HEMPSTEAD, TEXAS. WHEREAS, following the receipt of an Application for a Specific Use Permit (the "Application") for the placement and operation of an adult day care facility at (Block 87 Lot 6- Address: 405 gth Street) was received and notice of a public hearing on such application was published on March 25, 2025; WHEREAS, a public hearing was held on April 7, 2025 on such Application, Now Therefore, BE ITI RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF HEMPSTEAD, TEXAS: SECTION 1. The Planning and Zoning Commission of the City of Hempstead finds that the recitals of the Resolution are true and correct. SECTION 2. In accordance with City's Comprehensive Plan, the Planning and Zoning Commission of the City ofHempstead approves the Application for the placement and operation of a Adult Day Care on Lot 6, Block 87 of the City of Hempstead, also described as 405 gth Street, subject to the Specific Use terms and conditions set forth in Exhibit A, including, without limitation, the Site Plan. Such approval is subject to all applicable health and safety standards which have been adopted by the United States, the State ofTexas, Waller County or the City of Hempstead which shall be met before a City building permit or certificate of occupancy may be issued. PASSED AND APPROVED this the 7th day of April, A.D., 2025. APPROVED: 2ok, Bipb Jenn Busby, Chairman ATTEST: an Lilian/Ruiz, Planer Exhibit A RECEIVED City ofHempstead FEB 21 2025 SPECIFIC USE PERMIT FORM Initial: Vp NOTE: information PAID Please print all requested below MAR 3 Number 2025 - Date 02/20/2025 Name of Applicant Mildred Jeffersom Applicant"' s Signature L - / Llkinw Current Address 414 8th St Hempstead, TX 77445 281-451-9024 Phone Address of the subject property 405 8th St, Hempstead, TX 77445 Legal description ofthe property. S519000 Subdivision 87 6 19686 50' 125' Block Lot Parcel Lot Width Lot Depth Legal capacity in which you are applying for this rezoning: Owner X Representative ofthe owner Other (explain below) Current zoning classification ofthe subject property: R1 Requested specific use: Adult Day Care Reasons supporting your request: The current Zoning Ordinance requires a specific use permit too allow the use of a residence for adult services. Current land use activities abutting the subject property: On the North: Street On the South: House On the East: Alley On the West: Street Article 2 - Section 2,04 Validity - Subsection mnldrd-jirm@.h nul Public 44-25 hearing date for the Planning and Zoning Commission Date 9-27-25 hearing notice sent to abutting property owners. (Not less than ten days before the date.)l public 3418-25 Date notice published in a local public hearing date.) newspaper, (Not less than fifteen days before the Protest by 20% or more ofa abutting property owners? Yes - No Planning and Zoning Commission Recommendation to City Council: X Specific Use Permit Approval Specific Use Permit Denial Reasons given for the decision ofthe Planning & Zoning Commission: Mohoned For Minimwm Parlng DF 2 WHh A ( Gxmum pariing DF ( wih He Setioacks Induded 0S oppised to the Ypasnq. Public hearing date for the City Council. Date notice published in a local newspaper. (Not less than fifteen days before the public hearing date.) Decision ofthe City Council Specific Use Permit Approved Specific Use Permit Denied Conditions related to the issuance ofthe Specific Use Permit: Specific Use Permit Form Page 2 : 1 MH CBD 37 E eD To'it : - 5 - 3 5 R2 L - 7 3 a - Brezcs 5:. 37 EF 5. : SINGIE FAMY RESIDENTIAE 3 11: hea fre 39 7 1 he: t ks C- Schocl * Block 87 Lot lo n - L INTERIOR *LEGEND 000 NORTH SHE - 125' 70 175 175 20' 125 AR AGRICULTURAL RESIDENTIAL Sgg C 6 so3 R1 = SINGLE-FAMILY RESIDENTIAL tay 103 Sy 0 s 175' 125 R2 - MULTI-FAMILY RESIDENTIAL 87 g w2a 8 R3 - MULTI-FAMILY RESIDENTIAL Lg 4) 0 3 wa G Q SOUTH SIDE MH - MANUFACTURED HOUSING 15 75 w 125 20 129 EVEN 7 07 CBD - CENTRAL BUSINESS DISTRICT 125 NC NEIGHBORHOOD COMMERCIAL WEST SIDE N.W. CORNER 108 ios HC HIGHWAY COMMERCIAL 1os 26 jos" LK HC 2 - HIGHWAY COMMERCIAL A PS = PLANNED SHOPPING 10 230' 750 S.N. CORNER 108 RV - RECREATIONAL VEHICLE PARK 67 154 LM - LICHT MANUFACTURING 105 108 HISTORIC DISTRICT TYPICAL BLOCKS Single family detached homes arc permitted (IS a use right in AR, R-1, R-2, R-3, & MH zoning Single detached homes are permitted 2 as a specific use m in other zoning districts. City of Hempstead, TX Friday, April 4, 2025 Exhibit 9B. Zoning Ordinance ARTICLE 4. Special Use Regulations S 4.01. Purpose and Description. 4.01.01 This Article establishes regulations for certain land uses which are permitted in a given district, yet require additional regulations to ensure complete compatibility with surrounding land uses. (Ordinance 00-107 adopted 6/22/2000) S 4.02. Group Homes. 4.02.01 Location: Please see Section 3.13 - Zoning District Matrix, at the end of Article 3 of this Ordinance. 4.02.02 Distance Requirement: A group home shall be located not less than one thousand (1,000) lineal feet from any other group home or child care facility as measured from the nearest property boundary of the sites on which they are located. 4.02.03 Parking.Reguirements: Parking shall be in accordance with Article 5, of this Ordinance. 4.02.04 Signs: No signs shall be permitted. 4.02.05 Visual Compatibility: No structural alterations shall be permitted that will cause the group home to be substantially distinguishable from other surrounding residential properties. 4.02.06 Statutory Licensing. Requirements: All group homes shall meet every State statutory licensing requirement prior to operation and issuance of a certificate of occupancy. 4.02.07 Outside Lighting: All outside lighting shall meet the performance criteria established in Article 6, of this Ordinance. 4.02.08 Annual Permit Required: All group homes shall obtain annual operating permits from the City of Hempstead. Complaints from surrounding property owners during the course of any year shall be recorded and shall be reviewed by the Planning and Zoning Commission prior to the reissuance of any operating permit. Decisions of the Planning and Zoning Commission to renew or not to renew a group home operating permit may be appealed to the City Council. (Ordinance 00-107 adopted 6/22/2000) S 4.03. Home Occupations. 4.03.01 Location: Please see Section 3.13 - Zoning District Matrix, at the end of Article 3 of this Ordinance. 4.03.02 No External Activities Permitted: All activities and storage associated with a home occupation shall be located within the associated residence. 4.03.03 Employment of Persons Outside of the Immediate Family: Employment shall be limited to one (1) person who is not a member of the immediate family residing on the premises. 4.03.04 Patking.Reguirements: Parking shall be in accordance with Article 5, of this Ordinance. 4.03.05 Signs: One (1) on-premise sign not exceeding two (2) square feet in area shall be permitted. 4.03.06 Visual Compatibility: No structural alterations shall be permitted that will cause the home occupation to be substantially distinguishable from other surrounding residential properties. 4.03.07 Annual Permit Required: All home occupations shall obtain annual operating permits from the City of Hempstead. Complaints from surrounding property owners during the course of any year shall be recorded and shall be reviewed by the Planning and Zoning Commission prior to the reissuance of any operating permit. Decisions of the Planning and Zoning Commission to renew or not to renew a home occupation operating permit may be appealed to the City Council, 4.03.08 Performance Criteria: All home occupations shall meet the performance criteria established in Article 6, of this Ordinance. 4.03.09 No Commercial Vehicles Permitted: No commercial vehicles shall be permitted for delivery and pick- up services associated with a home occupation. 4.03.10 Land Uses Not Qualifyingas Home Occupations: The following land use activities shall not be qualified as home occupations: A. Auto repair B. Furniture upholstering, paint and finish striping [stripping), and repair C. Welding services (Ordinance 00-107 adopted 6/22/2000) S 4.04. Child Care Facilities. 4.04.01 Location: Please see Section 3.13 - Zoning District Matrix, at the end of Article 3 of this Ordinance. 4.04.02 Distance Requirement In any residential district, a child care facility shall be located not less than one thousand (1,000) lineal feet from any other child care facility or group home as measured from the nearest property boundary of the sites on which they are located. 4.04.03 Parking. Requirements: Parking shall be in accordance with Article 5, of this Ordinance. 4.04.04 Signs: One (1) on-premise sign not exceeding two (2) square feet in area shall be permitted. 4.04.05 Visual Compatibility: Within any residential district, no structural alterations shall be permitted that will cause the child care facility to be substantially distinguishable from other surrounding residential properties. 4.04.06 Statutory Licensing. Requirements: All child care facilities shall meet every State statutory licensing requirement prior to operation or issuance of a certificate of occupancy. 4.04.07 Annual Permit Required: All child care facilities located in residential districts shall obtain annual operating permits from the City of Hempstead. Complaints from surrounding property owners during the course of any year shall be recorded and shall be reviewed by the Planning and Zoning Commission prior to the reissuance of any operating permit. Decisions of the Planning and Zoning Commission to renew or not to renew a child care facility operating permit may be appealed to the City Council. 4.04.08 Performance Criteria: All child care facilities shall meet the performance criteria established in Article 6, of this Ordinance. 4.04.09 Screening Required in Residential Districts: Lots must be screened from abutting residential lots by an opaque fence, wall, or dense growth of plant materials, not less than five (5) feet high and not more than six (6) feet high. Said screen must be constructed and maintained in good condition at all times. 4.04.10 Time of Operation Limits in Residential Districts: All child care facilities located in residential districts shall be limited to operating between the hours of 6:00 A.M. and 10:00 P.M. daily. (Ordinance 00-107 adopted 6/22/2000) S 4.05. Health and Safety Standards. 4.05.01 AIl State, County, and City Standards apply: All health and safety standards which have been adopted by the State of Texas, Waller County, or the City of Hempstead shall be met before a building permit or certificate of occupancy may be issued. (Ordinance 00-107 adopted 6/22/2000) S 4.06. Certain Permanent Residential Occupancy Prohibited. 4.06.01 Prohibited Residential Occupancy: The use of recreational vehicles, buses, vehicles with camper tops, or tents as a permanent residence is prohibited. (Ordinance 00-107 adopted 6/22/2000) S 4.07. Adult Uses. 4.07.01 Location Adult Uses: Please see Section 3.13 - Zoning District Matrix, at the end of Article 3 of this Ordinance. 4.07.02 Regulation of Adult Uses: Adult uses shall be regulated under the terms of Ordinance 98-111 [98-114] of the City of Hempstead [Article 5.07 of the Code of Ordinances). (Ordinance 00-107 adopted 6/22/2000) S 4.08. Farm Animals. 4.08.01 Farm Animals: The possession and maintenance of livestock and fowl will be allowed in the City of Hempstead but regulated by the City's Nuisance Ordinance. Complaints regarding the keeping of livestock and/or fowl will be referred to the appropriate officer or department, and will be investigated and enforced accordingly by the Hempstead Municipal Court. 4.08.02 Wild Animals: It shall be unlawful to keep or harbor any wild animal within the City of Hempstead. (Ordinance 00-107 adopted 6/22/2000) S 4.09. Fences. 4.09.01 Fences may be located on a property line. However, in no case may a fence or any other structure be located in a street right-of-way or alley. (Ordinance 00-107 adopted 6/22/2000) S 4.10. Personal Wireless Service Facilities. 4.10.01 Facilities for the provision of personal wireless service facilities, including structures commonly known as "cellular towers," and ancillary buildings, equipment, and related structures may be allowed within this district following approval by City Council of a specific use permit. Provided however, no specific use permit for a wireless services facility shall be approved if: a. the proposed facility would adversely affect the residential integrity or safety of adjacent or area neighborhoods; or b. the proposed facility would create visual blight; or C. the proposed facility would create noise or light pollution; or d. the proposed facility would create a nuisance to adjacent or area properties. Further, in order to obtain a specific use permit for a personal wireless service facility, the applicant must es- tablish that: a. the applicant cannot provide service to the city from other available locations or existing facilities; and b. the proposed facility would utilize the state of the art technology to achieve its objectives; and C. the proposed facility would comply with all safety standards promulgated by the Federal Communications Commission, or any other agency having jurisdiction thereover. 4.10.02 Council may set additional standards for the location of such facilities as are necessary to secure adequate service and protect the interest of adjacent property owners. It is hereby specifically provided that Council may allow heights above those provided for in the Lot Standards contained within this Ordinance with the granting of an SUP. (Ordinance 04-108 adopted 3/15/2004) City of Hempstead 1125 Austin Street, Hempstead, Texas 77445 R56 Phone No. (979) 826-2486 April 7, 2025 RE: 405 gth Street (Block 87, Lot 6) Planning & Zoning Commission, After reviewing all the submitted documents, the following criteria, A.-I. listed below for specific use permit have been met; line-item G. has not been met and would have to be submitted for review. My recommendation is to approve the specific use permit for 405 gth Street, with the condition that line-item G is met with 1 space per 200 SqFt of gross floor area per 5.04 oft the parking standard matrix, meeting the 4.04 Child Care Facilities Criteria. A. It conforms with applicable regulations and standards established by this Ordinance; B. Is compatible with existing or permitted uses on abutting sites, in terms of use, building height, bulk and scale, setbacks and open spaces, landscaping, drainage, or access and circulation features; C. Does not creates greater unfavorable effects or impacts on other existing or permitted uses on abutting sites than those. which reasonably may result from the use oft the site by a use permitted by right; or those which reasonably may result from the use of the site by a use permitted by right; D. Does not adversely affect the safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonably anticipated in the area considering existing zoning and land uses in the area; E. Reasonably protects persons and property from erosion, flood or water damage, fire, noise, glare, odors, and similar hazards or impacts; F. Does not adversely affects traffic control or adjacent properties by inappropriate location, lighting, or types of signs; G. Provides adequate and convenient off-street parking and loading, facilities. (As described above) H. Conforms with the objectives and the purpose of the zoning district in which the development is located, and the goals, objectives, and policies, contained in the City's long-range comprehensive planning activities. I.Is not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, for reasons specifically articulated by the Commission; Thank you, Frank Rodriguez Building Inspector / Fire Marshal H05 X1 ot 6 - I e . PN N 0931'41E-50,00 a N 00'31'41"E- 50.00' a No SWdE wdlE. * 2 5' -0" LOTE 6 BLOCK 87 LOTE 6 BLOCK 87 +3 +E 5/12 B/12) 6/12 G/2) Parkiyg I(5 4R + Eapired asi DAIENSN NS & 18 x84 p PRIVENMYSPAeES = 8 00e 00 e. CAR SAT 9k1 19" 14-0" 6/12] /2) 6/12 6/12 GR more Handiap; / B6Plogd AREKo4 -V ReMAIDER FerkiNg WAIKMAY 3 WAEKHAY STREETSE x 3 - M e DRIVEV/AY CONCAEHE 3 CONCRETE DRIVEWAY ME 69 00'31 41' "W-5 50.00' S 00'31'4 8 41'W-50.00 8TH STREET SITE 8TH STREET 100' R.0.W.) PLAN SCALE 10 T'eto' (100" R.0.W.) DRA SONE 4 Srpn 7t. e a Re. B39 L DRAIN DNE SCTIONAA EUARREEL crare Ciess detia lan por Tone coer ogprega : aies Oselerille Nopweven, Cioss y. ROGK EILTER OAM PETALS City of Stempotead 85 1125 Austin Street e Hempstead, Texas 77445 e Tel: 979-826-2486 Fax: 979-826-6703 ORDINANCE NO. 25-106 AN ORDINANCE OF THE CITY OF HEMPSTEAD, TEXAS, AMENDING THE CITY OF HEMPSTEAD CODE OF ORDINANCES BY GRANTING A SPECIFIC USE PERMIT TO ALLOW THE PLACEMENT OF AN ADULT DAYCARE TO BE USED AT BLOCK 60, LOT 6 LOCATED IN THE R1- SINGLE FAMILY RESIDENTIAL; PROVIDING FOR A PENALTY IN AN AMOUNT UP TO $2,000 FOR EACH DAY THE VIOLATION EXISTS; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR SEVERABILITY AND REPEAL OF ANY ORDINANCE IN CONFLICT HEREWITH. WHEREAS, the Owner of Block 60, Lot 6 has made application to the City to approve a Specific Use Permit to allow the construction ofa church in the R1-Single Family Residential District; and WHEREAS, the Planning and Zoning Commission conducted a Public Hearing on April 7, 2025, at 5:00 P.M. that on said request, in the time and manner required by law and the Zoning Ordinance of the City; and WHEREAS, the Planning and Zoning Commission recommended to City Council that it has determined it appropriate to grant such request and récommends approval of the amendment; and WHEREAS, the City Council conducted a Public Hearing on such request on April 21, 2025, at 6:00 P.M. in the time and manner required by law and the Zoning Ordinance of the City; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HEMPSTEAD, TEXAS: Section 1. That the facts and matters set forth in the preamble of this Ordinance are hereby found to be true and correct and are incorporated herein for all purposes. Section 2. That pursuant to the Code ofOrdinances ofthe City ofHempstead, Texas, a Specific Use Permit it is hereby approved to allow the placement of an adult daycare to be used in the residence located at Block 60, Lots 6 located in R1-Single Family Residential zone in accordance with and subject to the site plan, and special conditions set forth in Exhibit A, attached hereto as previously approved by the Planning and Zoning Commission, and are made a part hereof for all purposes. Section3. That a violation of this ordinance shall be a Class C misdemeanor and the penalty for violating this ordinance shall be a maximum fine of $2,000.00 for each day the violation exists. Section 4. That if any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. Section 5. That all ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. Section 6. That it is hereby officially found and determined that the meeting at which this ordinance is passed was open to the public as required by law, and that public notice of the time, place and purpose of said meeting was given as required. PASSED AND APPROVED this the 21* day of April,2 2025. APPROVED: Katherine Ragston Ward, Mayor ATTEST: Sabrina Alvarez, City Secretary City ofHempstead 1125 Austin Street, Hempstead, Texas 77445 Phone No. (979) 826-2486 RESOLUTION NO.25-_ 004 Al RESOLUTION, APPROVING A SPECIFIC USE PERMIT FOR PLACEMENT AND OPERATION OF AN. ADULT DAYCARE FACILITY IN THE R-1- SINGLE FAMIILY RESIDENTIAL ZONE AT BLOCK (60) LOT (6) OF THE CITY OF HEMPSTEAD AND LOCATED AT (315 7TH STREET), HEMPSTEAD, TEXAS. WHEREAS, following the receipt of an Application for a Specific Use Permit (the "Application") for the placement and operation of an adult day care facility at (Block 60 Lot 6- Address: 315 7th Street) was received and notice of a public hearing on such application was published on March 25, 2025; WHEREAS, a public hearing was held on April 7, 2025 on such Application, Now Therefore, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF HEMPSTEAD, TEXAS: SECTION 1. The Planning and Zoning Commission of the City of Hempstead finds that the recitals of the Resolution are true and correct. SECTION 2. In accordance with City's Comprehensive Plan, the Planning and Zoning Commission of the City of Hempstead approves the Application for the placement and operation of a Adult Day Care on Lot 6, Block 60 of the City ofHempstead, also described as 315 7th Street, subject to the Specific Use terms and conditions set forth in Exhibit A, including, without limitation, the Site Plan. Such approval is subject to all applicable health and safety standards which have been adopted by the United States, the State ofTexas, Waller County or the City of Hempstead which shall be met before a City building permit or certificate of occupancy may be issued. PASSED AND APPROVED this the 7th day of April, A.D., 2025. APPROVED: bh Buahy Jobn Busby, Chairnian ATTEST: Lilian Ruiz, Plannet Exhibit A RECEIVED City ofHempstead FEB 2 1 2025 SPECIFIC USE PERMIT FORM Initial: R NOTE: Please print all information requested below PAID Number MAR 3 2025 Date 02/20/2025 Name of Applicant Mildred Jefferson & Applicant's 's Signature Midih LAw Current Address 414 8th St Hempstead, TX 77445 Phone 281-451-9024 Address ofthe subject property 315 7th St, Hempstead, TX 77445 Legal description ofthe property. S519000 Subdivision 60 6 19550 50' 125' Block Lot Parcel Lot Width Lot Depth Legal capacity in which you are applying for this rezoning: Owner X Representative ofthe owner Other (explain below) Current zoning classification ofthe subject property: R1 Requested specific use: Adult Day Care Reasons supporting your request: The current Zoning Ordinance requires a specific use permit too allow the use of a residence for adult services. Current land use activities abutting the subject property: On the North: Street On the South: House On the East: Alley On the West: Street Article 2 - Section 2.04 Validity = Subsection 4-7-25 Public hearing date for the Planning and Zoning Commission 1-27-25 Date notice sent to abutting property owners. (Not less than ten days before the public hearing date.)! 6-18-25 Date notice published in a local newspaper. (Not less than fifteen days before the public hearing date.) Protest by 20% or more of abutting property owners? Yes No Planning and Zoning Commission Recommendation to City Council: 0 Specific Use Permit Approval Specific Use Permit Denial Reasons given for the decision ofthe Planning & Zoning Commission: DE2 wiHh Mohonod for MuI MVM parking DKIA Win the a wayimum parkng as opposed do 4g 8 Setoadks idluded purunq Public hearing date for the City Council. Date notice published in a local newspaper. (Not less than fifteen days before the public hearing date.) Decision ofthe City Council Specific Use Permit Denied Specific Use Permit Approved Conditions related to the issuance ofthe Specific Use Permit: Specific Use Permit Form - Page 2 : 4 MH CBD 33 - : & a E E1 22 S - 4 5 : - Rrczc- : 87 n: SINGIE FAMILY RESIDENTIAL : 13 heu Dre E 15 ho: hks Schocl * Block Wo Lotlo A - INTERIOR *LEGEND 000 NORTH SIDE AR - AGRICULTURAL 125 125 175 20 175 RESIDENTIAL Kus 0 6) so3 R1 - SINGLE-FAMILY RESIDENTIAL tas 101' Sw (2) 0) so 3 175" 125 R2 MULTI-FAMILY RESIDENTIAL 8 a @) G) 50 A 8 Sa @ 09 2 R3 - MULTI-FAMILY RESIDENTIAL 3 s 0 @ so: s SOUTH SIDE MH - MANUFACTURED HOUSING T 125 125 23 125' EVEI G7 07 CBD - CENTRAL BUSINESS DISTRICT 175 25 NC - NEIGHBORHOOD COMMERCIAL WEST SIDE N.W. CORNER I0s 10s HC HIGHWAY COMMERCIAL 103 26 103 AZ HC 2 HIGHWAY COMMERCIAL A 103 PS - PLANNED SHOPPING 250' zs9 S.N. CORMER 108 RV - RECREATIONAL VEHICLE PARK 67 15 LM - UCHT MANUFACTURING IOS 105 HISTORIC DISTRICT TYPICAL BLOCKS Single family detached homes are permitted as a use by right in AR, R-1, R-2, R-3, & MH zoning districts. Single family, detached homes are permitted as d specific use in all other zoning districts. City of Hempstead, TX Friday, April 4, 2025 Exhibit 9B. Zoning Ordinance ARTICLE 4. Special Use Regulations S 4.01. Purpose and Description. 4.01.01 This Article establishes regulations for certain land uses which are permitted in a given district, yet require additional regulations to ensure complete compatibility with surrounding land uses. (Ordinance 00-107 adopted 6/22/2000) S 4.02. Group Homes. 4.02.01 Location: Please see Section 3.13 - Zoning District Matrix, at the end of Article 3 of this Ordinance. 4.02.02 Distance Requirement: A group home shall be located not less than one thousand (1,000) lineal feet from any other group home or child care facility as measured from the nearest property boundary of the sites on which they are located. 4.02.03 Parking. Requirements: Parking shall be in accordance with Article 5, of this Ordinance. 4.02.04 Signs: No signs shall be permitted. 4.02.05 Visual Compatibility: No structural alterations shall be permitted that will cause the group home to be substantially distinguishable from other surrounding residential properties. 4.02.06 Statutory Licensing. Requirements: All group homes shall meet every State statutory licensing requirement prior to operation and issuance of a certificate of occupancy. 4.02.07 Outside Lighting: All outside lighting shall meet the performance criteria established in Article 6, of this Ordinance. 4.02.08 Annual Permit Required: All group homes shall obtain annual operating permits from the City of Hempstead. Complaints from surrounding property owners during the course of any year shall be recorded and shall be reviewed by the Planning and Zoning Commission prior to the reissuance of any operating permit. Decisions of the Planning and Zoning Commission to renew or not to renew a group home operating permit may be appealed to the City Council. (Ordinance 00-107 adopted 6/22/2000) S 4.03. Home Occupations. 4.03.01 Location: Please see Section 3.13 - Zoning District Matrix, at the end of Article 3 of this Ordinance. 4.03.02 No External Activities Permitted: All activities and storage associated with a home shall be located within the associated residence. occupation 4.03.03 Employment of Persons Outside of the Immediate Family: Employment shall be limited to one (1) person who is not a member of the immediate family residing on the premises. 4.03.04 Parking.Renurements: Parking shall be in accordance with Article 5, of this Ordinance. 4.03.05 Signs: One (1) on-premise sign not exceeding two (2) square feet in area shall be permitted. 4.03.06 Visual Compatibility: No structural alterations shall be permitted that will cause the home occupation to be substantially distinguishable from other surrounding residential properties. 4.03.07 Annual Permit Reguired: All home occupations shall obtain annual operating permits from the City of Hempstead. Complaints from surrounding property owners during the course of any year shall be recorded and shall be reviewed by the Planning and Zoning Commission prior to the reissuance of any operating permit. Decisions of the Planning and Zoning Commission to renew or not to renew a home occupation operating permit may be appealed to the City Council. 4.03.08 Performance Criteria: All home occupations shall meet the performance criteria established in Article 6, of this Ordinance. 4.03.09 No Commercial Vehicles Permitted: No commercial vehicles shall be permitted for delivery and pick- up services associated with a home occupation. 4.03.10 Land Uses Not Qualifyingas Home Occupations: The following land use activities shall not be qualified as home occupations: A. Auto repair B. Furniture upholstering, paint and finish striping [stripping), and repair C. Welding services (Ordinance 00-107 adopted 6/22/2000) 8 4.04. Child Care Facilities. 4.04.01 Location: Please see Section 3.13 - Zoning District Matrix, at the end of Article 3 of this Ordinance. 4.04.02 Distance Requirement: In any residential district, a child care facility shall be located not less than one thousand (1,000) lineal feet from any other child care facility or group home as measured from the nearest property boundary of the sites on which they are located. 4.04.03 ParkingRegurements: Parking shall be in accordance with Article 5, of this Ordinance. 4.04.04 Signs: One (1) on-premise sign not exceeding two (2) square feet in area shall be permitted. 4.04.05 Visual Compatibility: Within any residential district, no structural alterations shall be permitted that will cause the child care facility to be substantially distinguishable from other surrounding residential properties. 4.04.06 SlatutoryLicensing. Requirements: All child care facilities shall meet every State statutory licensing requirement prior to operation or issuance of a certificate of occupancy. 4.04.07 Annual Permit Required: All child care facilities located in residential districts shall obtain annual operating permits from the City of Hempstead. Complaints from surrounding property owners during the course of any year shall be recorded and shall be reviewed by the Planning and Zoning Commission prior to the reissuance of any operating permit. Decisions of the Planning and Zoning Commission to renew or not to renew a child care facility operating permit may be appealed to the City Council. 4.04.08 Performance Criteria: All child care facilities shall meet the performance criteria established in Article 6, of this Ordinance. 4.04.09 Screening. Required in Residential Districts: Lots must be screened from abutting residential lots by an opaque fence, wall, or dense growth of plant materials, not less than five (5) feet high and not more than six (6) feet high. Said screen must be constructed and maintained in good condition at all times. 4.04.10 Time of Operation Limits in Residential Districts: All child care facilities located in residential districts shall be limited to operating between the hours of 6:00 A.M. and 10:00 P.M. daily. (Ordinance 00-107 adopted 6/22/2000) S 4.05. Health and Safety Standards. 4.05.01 AIl State, County,and City Standards apply: All health and safety standards which have been adopted by the State of Texas, Waller County, or the City of Hempstead shall be met before a building permit or certificate of occupancy may be issued. (Ordinance 00-107 adopted 6/22/2000) S 4.06. Certain Permanent Residential Occupancy Prohibited. 4.06.01 Prohibited Residential Occupancy: The use of recreational vehicles, buses, vehicles with camper tops, or tents as a permanent residence is prohibited. (Ordinance 00-107 adopted 6/22/2000) S 4.07. Adult Uses. 4.07.01 Location Adult Uses: Please see Section 3.13 - Zoning District Matrix, at the end of Article 3 of this Ordinance. 4.07.02 Regulation of Adult Uses: Adult uses shall be regulated under the terms of Ordinance 98-111 [98-114] of the City of Hempstead [Article 5.07 of the Code of Ordinances). (Ordinance 00-107 adopted 6/22/2000) S 4.08. Farm Animals. 4.08.01 Farm Animals: The possession and maintenance of livestock and fowl will be allowed in the City of Hempstead but regulated by the City's Nuisance Ordinance. Complaints regarding the keeping of livestock and/or fowl will be referred to the appropriate officer or department, and will be investigated and enforced accordingly by the Hempstead Municipal Court. 4.08.02 Wild Animals: It shall be unlawful to keep or harbor any wild animal within the City of Hempstead. (Ordinance 00-107 adopted 6/22/2000) S 4.09. Fences. 4.09.01 Fences may be located on a property line. However, in no case may a fence or any other structure be located in a street right-of-way or alley. (Ordinance 00-107 adopted 6/22/2000) S 4.10. Personal Wireless Service Facilities. 4.10.01 Facilities for the provision of personal wireless service facilities, including structures commonly known as "cellular towers," and ancillary buildings, equipment, and related structures may be allowed within this district following approval by City Council of a specific use permit. Provided however, no specific use permit for a wireless services facility shall be approved if: a. the proposed facility would adversely affect the residential integrity or safety of adjacent or area neighborhoods; or b. the proposed facility would create visual blight; or C. the proposed facility would create noise or light pollution; or d. the proposed facility would create a nuisance to adjacent or area properties. Further, in order to obtain a specific use permit for a personal wireless service facility, the applicant must es- tablish that: a. the applicant cannot provide service to the city from other available locations or existing facilities; and b. the proposed facility would utilize the state of the art technology to achieve its objectives; and C. the proposed facility would comply with all safety standards promulgated by the Federal Communications Commission, or any other agency having jurisdiction thereover. 4.10.02 Council may set additional standards for the location of such facilities as are necessary to secure adequate service and protect the interest of adjacent property owners. It is hereby specifically that provided Council may allow heights above those provided for in the Lot Standards contained within this Ordinance with the granting of an SUP. (Ordinance 04-108 adopted 3/15/2004) City of Hempstead 1125 Austin Street, Hempstead, Texas 77445 M5S Phone No. (979) 826-2486 April 7, 2025 RE: 315 7th Street (Block 60, Lot 6) Planning & Zoning Commission, After reviewing all the submitted documents, the following criteria, A.-I. listed below for specific use permit have been met; line-item G. has not been met and would have to be submitted for review. My recommendation is to approve the specific use permit for 315 7th Street, with the condition that line-item G is met with 1 space per 200 SqFtof gross floor area per 5.04 ofthe parking standard matrix, meeting the 4.04 Child Care Facilities Criteria. A. It conforms with applicable regulations and standards established by this Ordinance; B. Is compatible with existing or permitted uses on abutting sites, in terms of use, building height, bulk and scale, setbacks and open spaces, landscaping, drainage, or access and circulation features; C. Does not creates greater unfavorable effects or impacts on other existing or permitted uses on abutting sites than those which reasonably may result from the use of the site by a use permitted by right; or those which reasonably may result from the use of the site by a use permitted by right; D. Does not adversely affect the safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonably anticipated in the area considering existing zoning and land uses in the area; E. Reasonably protects persons and property from erosion, flood or water damage, fire, noise, glare, odors, and similar hazards or impacts; F. Does not adversely affects traffic control or adjacent properties by inappropriate location, lighting, or types of signs; G. Provides adequate and convenient offstreet parking and loading. facilities. (As described above) H. Conforms with the objectives and the purpose ofthe zoning district in which the development is located, and the goals, objectives, and policies, contained in the City's long-range comprehensive planning activities. I. Is not detrimental to the public health, safety, or welfare, or materially injurious to properties ori improvements in the vicinity, for reasons specifically articulated by the Commission; Thank you, Frank Rodriguez Building Inspector / Fire Marshal 315 H S+ BLOCK lo LoT la) N 00311417E-50.00 N 00'31'41" E @ N) 50.00' 22 e ESWdTE Swdle / I LOTE 6 BLOCK 87 LOTE 6 BLOCK 87 42 + 6/12 6/12) 6/12 6/12 Parkig 1(5 + +y Ryrerld DEmENS h NS * 18'x84 PRIVENAY SPACES = 8 / 900 5 - a 00 e.l CAR SPOTE q% (9 14'-0" 6/12] 6/12) 6/12 6/2) wl dR more Handlap; / A Oéclogd AREA io'iy - 9 - ReMAIJDER Peerkig WALKWAY e 3" WAEKHAY STAEETA SDE a 3 9 W a e D CONCRE DRIVEVAY 5 CONCRETE Df e , DRIVEWAY / - G R - 60 a 6) 00'31 41 "W-5 50.00' S 18" 7TH STREET 003141'W-50.00 100' R.0.W.) SITE PLAN 7THSTREET $ SCNE 1/8 1'-10" (100' R.0.W.) DRA SCNE: 4 o Srpp s E DRAIN DMC Buby GusITES SECTON-AA- prep rovart oi Class slan LDOY Tans coor. epere alze Deata Cian sayd. ROCK. FITER DAM DETAILS IDS Engineering Group March 10, 2025 Mayor Katherine Ward City of Hempstead 1125 Austin Street Hempstead, Texas 77445 Reference: Proposal for Engineering and Surveying Services for Construction of Asphalt Roads in the City of Hempstead, Texas IDS Project 2384-003-00 Dear Mayor Ward: IDS Engineering Group (IDS) is pleased to present our proposal to perform professional engineering and surveying services in connection with the above-referençed project. The project includes design of 1st Street from Galveston Street to Allen Street, approximately 710 feet, and 2nd Street from Galveston Street to midway to Allen Street, approximately 540 feet. The roadways will consist of a 30-foot wide asphalt pavement section with roadside ditches in accordance with the City's design criteria. Specifically, our services will include the following items: SURVEY & SUBSURFACE UTIITY ENGINEERING (SUE) 1. Topographic survey within existing right-of-way and at least 20 feet beyond the right-of-way on each side of the roadway. Structures in clear view and within 50 feet oft the existing right-of-way should also be surveyed. 2. Temporary benchmarks and baseline control should be set, both with 1,000-ft maximum spacing between points. Found property corners should be documented. 3. Provide SUE Level B to determine location of existing utilities. GEOTECHNICAL ENGINEERING SERVICES Geotechnical Engineering Services will be provided by Geoscience Engineering, Inc. 4. Drill and sample a total of 4 geotechnical borings to a depth of 5 feet along the proposed alignment. 5. Provide engineering analysis and recommendations in a geotechnical report. 13430 Northwest Freeway, Suite 700, Houston, Texas 77040 TxEng Firm 2726 - TxSurv Firm 10110700 infrastructure design solutions t713.462.3178 idseg.com Mayor Katherine Ward City of Hempstead March 10, 2025 Page 2 of 4 DESIGN SERVICES 6. Prepare typical section and proposed schematic layout to review with the City prior to starting final construction drawings. 7. Prepare construction plans for the development of the proposed roadway. Plans will be produced on 22"x34" plan sheets. Plan sheets will include the following: Cover Sheet Construction Notes Overall Project Layout Typical Roadway Section Drainage Area Map & Drainage Calculations Plan and profile drawings Signing and Striping Storm Water Pollution Prevention Plan Standard Details 8. Plans will be submitted to City of Hempstead for review and approval. Submittals include 90% and 100% Construction Plans. An opinion of probable construction cost will be provided with each submittal. 9. Prepare project manual including Bid Form, Specification Table of Contents, Special Specifications, SWPPP and Summary of Work. 10. Attend up to four (4) in person meetings at City Hall, virtual meeting, or conference calls as needed. BID PHASE SERVICES 11. Prepare bid documents to be used for publicly bidding the project. Coordinate with the City to advertise and obtain public bids through a competitive bid process. Review bids, prepare bid tabulation, and recommend award to the City. Prepare contract documents for execution. IDS will utilize CIVCAST for the bidding process. CONSTRUCTION PHASE SERVICES 12. Provide construction contract administration services including preconstruction meeting, review of contractor pay estimates, preparation of change orders as applicable, coordination of agency inspections, and communications between City staff, and the contractor. 13. Provide engineering support during construction including review of RFIs, Submittals and Change Order requests. Conduct Monthly progress meetings with contractor and City staff. Attend substantial completion walk-through and provide punch list documentation. Attend final inspection to confirm punch list items were addressed. - 2 - - IDS & Engineering Group TxEngF Firm 2726 TxSurv Firm 10110700 Mayor Katherine Ward City of Hempstead March 10, 2025 Page 3 of 4 14. Prepare record drawings based on as-built drawings provided by Contractor. CONSTRUCTION OBSERVATION 15. Provide the services of a construction observer for part-time on-site observation. Our estimated fee is based upon an average of 3 hours per trip and 3 trips per week for 12-week construction activity duration. The construction activity duration will be subject to contractor's schedule. CONSTRUCTION MATERIALS TESTING (GEOSCIENCE ENGINEERING) 16. Construction Materials Testing - IDS will coordinate construction materials testing services for the proposed public infrastructure to ensure materials are placed in conformance to the plans and specifications. The proposed subconsultant to perform these services is Geoscience Engineering. SERVICES NOT INCLUDED Review of the contractor's means and methods of construction or safety procedures, which shall remain the sole responsibility of the contractor. Environmental services. Traffic study. Design of stormwater detention facilities. Construction Staking. This will be included as a line item to be completed under the construction contract. COMPENSATION We propose to provide the above-described services for the fees itemized below to be invoiced monthly based on the percent of services complete. Design and Bidding Services Item 1 - 3 Survey & Subsurface Engineering $ 22,300 Fee Item 4-5 Geotechnical Engineering $ 5,550 Fee Items 6-10 Design Services $101,350 Fee Item 11 Bid Phase Services $ 7,940 Fee Reimbursable Expenses $ 3,500 Estimated Total $140,640 Estimated Construction Phase Services Item 12-14 Construction Phase Services $ 20,250 Hourly Item 15 Construction Observation $ 12,200 Hourly Item 16 Construction Materials Testing $ 13,000 Hourly or Unit Total $ 45,450 Estimated & > V IDS Englneering Group TxEng Firm 2726 TxSurv Firm 10110700 Mayor Katherine Ward City of Hempstead March 10, 2025 Page 4 of 4 Reimbursable expenses will be billed at cost. Reimbursable expenses include, but are not limited to, reproduction, deliveries, out-of-town travel, agency review fees, application fees. Applicable sales tax will be added to those fees subject to sales tax. Attachment "A" Terms and Conditions and Attachment "B" - Conditions for Engineering Services on Time & Materials Basis are hereby a part of the agreement. These services will be invoiced monthly based on progress reported by us, subject to your verification. Payment of our invoices is due in our office within thirty (30) days of invoice date. We appreciate the opportunity to submit this proposal and look forward to working with you on this project. Please countersign this proposal below to indicate agreement with its terms. Should you have any questions, please do not hesitate to contact me. Respectfully submitted, Casl 8. 1dnrigo Travis S. Sellers, P.E., ENV SP Carol D. Harrison, P.E., PMP, ENV SP Senior Vice President Director of Public Works Accepted By: By: Name: Title: Date: Waseg.comvsproects5/2300235400101 Hempstead. Asphalt Street RehabHemnpstead Street Imp 2025)2025-03-10 City of Hempstead- 2025 Road Reconstruction.docx > e IDS Engineering Group TxEng Firm 2726 TxSurv Firm 10110700 & IDS IDS & Engineering Group Engineering Group Attachment "A" - Terms and Conditions 1. AUTHORIZATION TO PROCEED 9. SALES TAX Signing this Agreement shall be construed: as express In accordance with the State Sales Tax Codes, certain professional authorization by CLIENT for IDS to proceed with the work, unless and surveying services are taxable. Applicable sales tax is not otherwise provided for in the. Agreement. included in the proposed fee. Sales tax at the applicable rate will 2. USE OF DOCUMENTS bei indicated on invoice statements: and shall become part of the All documents produced by IDS under this Agreement shall be amount due and payable pursuant tot the. Agreement. considered "Instruments of Service" for which IDS retains the 10. SUSPENSON/TERMINATON copyright. Notwithstanding the foregoing, IDS grants to CLIENT a When invoices are delinquent for more than forty-five (45) days, nonexclusivel license tor reproduce such Instruments of Service for CLIENT will be considered in breach of this Agreement and all the completion of the Project, provided that CLIENT complies with services may be: suspended. IDS shall not be responsible for delays all obligations, including prompt payment of all sums when due, ini the Project caused by such suspension. under this Agreement.. Should CLIENT use any documents in Either CLIENT or IDS may terminate this Agreement by giving 30 circumstances in which IDS is no longer involved in the Project, days written notice to the other party. In such event CLIENT shall the CLIENT: shall defend andi indemnify IDS on account of any such forthwith pay IDS ini full for all work previously authorized: and use and any claims made arising out of any modifications or performed priort to effective date of termination or receipt of such changes to any such documents. notice, whichever is later. If no notice of termination is given, Unless specifically provided for in the Agreement, files in relationships and obligations created by this Agreement shall be electronic media will not be transmitted. Files in electronic media terminated upon completion of all applicable requirements oft this format oft text, data, graphics, or othert types, ifa any, willl be Agreement. furnished by IDS only for convenience of the receiving party. Any 11. LIMITATION OF LIABILITY conclusion or information obtained or derived from such IDS'S LIABILITY TO1 THE CLIENT FOR. ANY CAUSE OR electronic files will be at the user's sole risk. If there is a COMBINATION OF CAUSES IS IN THE AGGREGATE, LIMITED TO discrepancy between the electronic files and the hard copies, the AN AMOUNT NO GREATER THAN THE FEES EARNED UNDER THIS hard copies govern. AGREEMENT. 3. STANDARD OF CARE TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER IDS: shall uset the care and skill ordinarily used by members oft the COMPANY, NOR THE CONSULTANT, NOR THEIR SUB design profession practicing under: similar conditions at the same CONSULTANTS, IF ANY, NOR THEIRI RESPECTIVE AFFILIATES time and locality oft thel Project. Where construction phase SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, services are included, iti is understood that the proposed services INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES specifically exclude any review of the Contractor's means and EXTRAORDINARY DAMAGES), WHETHER ORI NOT FORESEEABLE, methods of construction: and safety procedures." The means, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, methods and safety procedures will remain the sole responsibility REGARDLESS OF WHETHER LIABILITY IS BASED ON BREACH OF oft the Contractor: and IDS shall have no liability or obligation with CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING respect thereto. NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER BASIS OF 4. COSTI ESTIMATES LIABILITY. Any cost estimates provided by IDS will be on a basis of 12. MEDIATION experience and judgment, but since it has no control over market All claims, disputes, and other matters in question arising out of, conditions or bidding procedures, IDS cannot and does not or relating to, this Agreement or the breach thereof may be warrant that bids or ultimate construction costs will not vary from decided by mediation. Either CLIENT or IDS may initiate a request these cost estimates. for such mediation, but consent of the other party to such 5. PAYMENTTO IDS procedure shall be mandatory. No mediation arising out of, or Monthly invoices will bei issued by IDS for ally work performed relating to this Agreement mayi include, by consolidation, joinder, under the terms of this Agreement. Invoices are due and payable or in any other manner, any additional party not a party to this inf full onr receipt. Interest at the rate of 1.5% per month willl be Agreement. charged on all past-due amounts (45 days after invoice date), 13. LITIGATION unless not permitted byl law, in which case, interest willl be This Agreement shall be construed under and in accordance with charged at the highest amount permitted by law. Nor retainage the internal law, andr not the law of conflicts, of the State of Texas. will be withheld from payment. Int the event legal action is brought by CLIENT or IDS against the 6. DIRECTE EXPENSES other to enforce any of the obligations hereunder or arising out of Certain expenses incurred by IDS in performing this assignment any dispute concerning the terms and conditions hereby created, will be billed to the CLIENT at direct cost. These include regulatory the losing party shall pay the prevailing party such reasonable fees, reproduction costs, travel expenses when traveling outside amounts fori fees, costs and expenses as may! be set byt the court. IDS's local office and adjacent counties, including meals, lodging, 14. SURVEYING! SERVICES use ofa automobile: at the current IRS approved rate and airline Ina accordance with the Professional Land Surveying Practices Act fares. Reimbursement for these EXPENSES shall be ont the basis of of 1989, revised. July 1999, CLIENT is informed that any complaints actual charges when furnished by commercial: sources and on the about surveying services may bet forwarded to the Texas Board of basis of usual commercial charges when furnished by IDS. Professional Engineers and Land Surveyors, 1917 S. Interstate 35, OUTSIDE SERVICES Austin, Texas 78741, (512) 440-7723. 7. When technical or professional services are furnished by an 15. SEVERABILITY outside: source, when approved by CLIENT, an additional amount In case: any one or more of the provisions contained in this shall be added to the cost oft these services for IDS's Agreement shall be held illegal or invalid, the enforceability of the administrative costs, as provided for int this Agreement. remaining provisions contained herein shall not be impaired 8. ADDITIONAL SERVICES thereby and the provision which is determined to be illegal or Servicesi in addition to those specified in Scope willl be provided by invalid shall be replaced by a legal and valid provision which IDS ifa authorized by CLIENT. Additional services will be paid by reflects the expressed intent of the parties to the maximum CLIENT as provided for in this Agreement. extent allowed by applicable law. Revised August 2020 IDS ENGINEERING GROUP ENGINEERING AND SURVEYING SERVICES ON TIME AND MATERIALS BASIS For and in consideration of the services to be rendered by the Engineer, the Owner, Client, or District, as applicable, shall pay, and the Engineer shall receive the compensation on a time and materials basis hereinafter set forth. Engineer will invoice Owner, Client, or District for services performed on a monthly basis. Services performed on a time and materials basis would be based on the actual hourly billing rates for members of our staff. The following is a list of typical hourly billing rates for various staff categories: ENGINEERING SERVICES TYPICAL BILLING RATE SCHEDULE Typical Hourly Staff Category Billing Rate Principal $350.00 Senior Project Manager $300.00 Project Manager $230.00 Design Manager $272.00 Project Engineer $200.00 Design Engineer $175.00 Senior Designer $200.00 GIS Technician $145.00 CADD Technician $145.00 Construction Manager. $300.00 Construction Observer $170.00 Administrative $138.00 In addition, certain expenses incurred by us in performing this assignment will be billed to the Owner, Client, or District at direct cost plus ten percent (10%). These include long distance telephone calls, reproduction costs, travel expenses including meals, lodging, use of automobile at current IRS rate per mile and airline fares. Certain subcontract services such as soil borings and tests will be billed to you at our direct cost plus ten percent (10%). SURVEYING SERVICES BILLING RATE SCHEDULE Hourly Staff Category Billing Rate Survey Director (RPLS). $288.00 Survey Manager (RPLS). $235.00 Registered Surveyor (RPLS): $215.00 Survey Coordinator. $175.00 Survey Technician $145.00 Administrative $138.00 Survey Crew. $275.00 Survey Crew rates are inclusive of all normal material, equipment, and vehicle costs, and we bill "portal to portal". Overtime rates, when required and approved by Owner, Client, or District, would be invoiced at 1.50 times the listed rates. Expenses for hourly per diems, hotel expenses, substantial or special materials and/or services or expenses required for specific projects, (e.g. delivery charges, reproduction costs, special property identification markers, specialized vehicle and equipment rentals, subcontracted labor and equipment for clearing, charges by public and private utilities for pipeline probing, subcontracted services by abstracting and/or title companies) will be billed at cost. Certain Surveying Services are subject to State and Local Sales Taxes which will be included on the invoice, in addition to billing rates and service charges. Surveying services provided by IDS Engineering Group will comply with the rules and regulations of the Texas Board of Professional Engineers and Land Surveyors. Any complaints, not satisfied by this firm, should be directed to: Texas Board of Professional Engineers and Land Surveyors, 1917: S. Interstate 35, Austin, Texas 78741. February 2025 > & IDS Engineering Group CITY OF Hempstead - Roadway Construction IDS Engineering Group TBPEF F-0027261 TBPLS 10110700 Hempstead, Texas 1st Street - Galveston St. to Allen St. IDS Project No. XXXX-XXX-XX A. GENERAL ITEMS: Item Unit of Estimated Unit Price Total Spec Ref. Base Unit Short Title (this column in No. Measure Quantity Figures controls) 1 COH 01502 Mobilization EA 1 $ 19,500.00 $ 19,500.00 Furnish, Install, and Maintain Traffic Control Devices and Appurtenances, in 2 COH 01555 Accordance With' Texas Manual on Uniform LS 1 $ 10,000.00 $ 10,000.00 Traffic Control Devices (Latest Edition), Including Flagmen, Complete in Place 3 COH01570 Furnish and Install Filter Fabric Fence, LF 200 $ 5.00 $ 1,000.00 Complete in Place 4 110 Roadway Excavation and Offsite Disposal CY 473 $ 30.00 $ 14,200.00 (6") 5 110 Roadway Excavation and Offsite Disposal CY 230 $ 30.00 $ 6,900.00 (Roadside Ditch) 6 130 Borrow (6") CY 447 $ 50.00 $ 22,351.85 7 221 LIME (HYDRATED OR TON 26 $ 320.00 $ 8,320.00 COWMERCA/GLURRAAN) 8 223 FLYA ASH (4%) TON 26 $ 225.00 $ 5,850.00 9 223 LIME. ANDI FLY ASH TREATMENT SY 2,722 $ 12.00 $ 32,660.00 (SUBGRADE) (6") 10 TxDOT: 247 Flex Base (6") SY 2,603 $ 40.00 $ 104,133.33 11 340 Furnish and Install 2" Class DH HMAC TON 273 $ 200.00 $ 54,670.00 Roadway Surfacing, Complete in Place Trackless Tack Coat, 0.1 Gal/SY in 12 310 Preparationi for HMAC Surfacing, Complete- GAL 473 $ 10.00 $ 4,733.33 in-Place. 13 COH 01740 Site Restoration LF 710 $ 10.00 $ 7,100.00 14 COH 02631 24-inch Strom Sewer by Open Cut LF 300 $ 260.00 $ 78,000.00 Construction A. TOTAL BID PRICE $369,418.52 This cost estimate wasp prepared ont thet basis ofe experience andj judgement, utilizing historical bid costs fors similar work if available. Actual bids and ultimate construction costs may vary based on marketo conditions, inflation, and unforeseeni field conditions. Thef final determination of construction cost is made through the bidding process with Contractor(s). & IDS Engineering Group Page 1 of 2 TBPE F-002726 ITBPLS 10110700 CITY OF Hempstead - Roadway Construction IDS Engineering Group TBPE F-002726] TBPLS 10110700 Hempstead, Texas 2nd Street - Galveston St. to Allen St. IDS Project No. XXXX-XXX-XX A. GENERAL ITEMS: Item Unit of Estimated Unit Price Total in No. Spec Ref. Base Unit Short Title Measure Quantity (this column controls) Figures 1 COH 01502 Mobilization EA 1 $ 17,500.00 $ 17,500.00 Furnish, Install, and Maintain Traffic Control Devices and. Appurtenances, in 2 COH 01555 Accordance With Texas Manual on Uniform LS 1 $ 10,000.00 $ 10,000.00 Traffic Control Devices (Latest Edition), Including Flagmen, Complete in Place 3 COH 01570 Furnish and Install Filter Fabric Fence, LF 200 $ 5.00 $ Complete in Place 1,000.00 4 110 Roadway Excavation and Offsite Disposal CY 360 $ 30.00 $ 10,800.00 (6") 5 110 Roadway Excavation and Offsite Disposal CY 160 $ 30.00 $ 4,800.00 (Roadside Ditch) 6 130 Borrow (6") CY 340 $ 50.00 $ 17,000.00 7 221 LIME (HYDRATED OR TON 20 $ 320.00 $ 6,400.00 COMMERCALPSLURRAEN) 8 223 FLYA ASH (4%) TON 20 $ 225.00 $ 4,500.00 9 223 LIME ANDI FLYA ASH TREATMENT SY 2,070 $ 12.00 $ 24,840.00 (SUBGRADE) (6") 10 TxDOT: 247 Flex Base (6") SY 1,980 $ 40.00 $ 79,200.00 11 340 Furnish and Install 2" Class DI HMAC TON 208 $ 200.00 $ 41,580.00 Roadway Surfacing, Complete in Place Trackless Tack Coat, 0.1 Gal/SY in 12 310 Preparation for HMAC Surfacing, Complete GAL 360 $ 10.00 $ 3,600.00 in-Place. 13 COH 01740 Site Restoration LF 540 $ 10.00 $ 5,400.00 14 COH 02631 24-inch Strom Sewer by Open Cut LF 300 $ 260.00 $ 78,000.00 Construction A. TOTAL BID PRICE $304,620.00 This cost estimate was prepared on theb basis ofe experience and judgement, utilizing historical bid costs for similar work ifa available. Actual bids and ultimate construction costs may vary based onr market conditions, inflation, and unforeseenf field conditions. The final determination of construction cost is made through the bidding process with Contractor(s). & IDS EngineeringG Group Page 1 of 2 TBPE F-002726 ITBPLS 10110700 Contract for Fines and Fees Collection Services STATE OF TEXAS COUNTY OF WALLER THIS CONTRACT (hereinafter AGREEMENT) is made and entered into by and between the CITY OF HEMPSTEAD, acting herein by and through its governing body, hereinafter styled "CLIENT", and Linebarger Goggan Blair & Sampson, LLP, hereinafter styled "FIRM". Article I Nature of Relationship and Authority for Contract 1.01 The parties hereto acknowledge that this AGREEMENT creates an attorney-client relationship between CLIENT and FIRM. 1.02 The CLIENT hereby employs the FIRM to provide the services hereinafter described for compensation hereinafter provided. 1.03 This AGREEMENT is entered into pursuant to and as authorized by Subsection (a) of ART. 103.0031, Texas Code of Criminal Procedure for delinquent municipal court fines and fees collection services. Article 2 Scope of Services 2.01 CLIENT agrees to employ and does hereby employ FIRM to provide specific legal services provided herein and enforce the collection of delinquent court fees, fines and utility accounts that are subject to this AGREEMENT, pursuant to the terms and conditions described herein. Such legal services shall include but not be limited to recommendations and legal advice to CLIENT to take legal enforcement action; representing CLIENT in any dispute or legal challenge over authority to collect such court fees, fines and utility accounts; defending CLIENT in litigation or challenges of its collection authority; and representing CLIENT in collection interests in bankruptcy matters as determined by FIRM and CLIENT. This AGREEMENT supersedes all prior oral and written agreements between the parties regarding court fees, fines and utility accounts, and can only be amended if done SO in writing and signed by all parties. Furthermore, this contract cannot be transferred or assigned by either party without the written consent of all parties. 2.02 The CLIENT may from time-to-time specify in writing additional actions that should be taken by the FIRM in connection with the collection of the fines, fees and utility accounts that are subject to this AGREEMENT. CLIENT further constitutes and appoints the FIRM as CLIENT's attorneys to sign all legal instruments, pleadings, drafts, authorizations and papers as shall be reasonably necessary to pursue collection of the CLIENT's claims. 2.03 Fines and fees that are subject to this AGREEMENT are those that are more than sixty (60) days past due as of the effective date hereof and those that become more than sixty (60) days past due during the term hereof. As used in this section, "more than 60 days past due" has that meaning assigned by Subsection (f) of Art. 103.0031, Texas Code of Criminal Procedure [as amended by Senate Bill 782, 78th Legislature (2003), effective June18, 2003]. The meaning assigned to the phrase "more than 60 days past due" shall, for the term and purposes of this AGREEMENT, survive any future amendments to, or repeal of, Article 103.0031, Texas Code of Criminal Procedure, or any parts thereof. 2.04 Utility accounts that are subject to this AGREEMENT are those that are more than sixty (60) days past due as of the effective date hereof and those that become more than sixty (60) days past due during the term hereof. 2.05 The CLIENT agrees to provide to the FIRM data regarding any fines and fees that are subject to this AGREEMENT. The data shall be provided by electronic medium in a file format specified by the FIRM. The CLIENT and the FIRM may from time-to-time agree in writing to modify this format. The CLIENT shall provide the data to the FIRM not less frequently than monthly. 2.06 The FIRM, in all communications seeking the collection of unpaid fines, fees, court costs or utility accounts, shall direct all payments directly to the CLIENT at an address designated by the CLIENT. If any fines, fees, or court cost are paid to the FIRM, said payments shall be expeditiously turned over to the CLIENT. Article 3 Compensation 3.01 The CLIENT agrees to pay the FIRM as compensation for the services required hereunder thirty (30%) percent of the total amount of all the fines, fees, and court costs are subject to the terms of this AGREEMENT as set forth in Section 2.03 above that are collected by the CLIENT during the term of this AGREEMENT. All compensation shall become the property of the FIRM at the time payment of the fines, fees and court costs are made to the CLIENT. 3.02 The CLIENT agrees to pay the FIRM as compensation for the services required hereunder thirty (30%) percent of the total amount collected on all utility accounts. All compensation shall become the property of the Firm at the time payment of utility accounts are made to the CLIENT. 3.03 The CLIENT shall pay the FIRM by the twentieth day of each month all compensation earned by the FIRM for the previous month as provided in this Article 3. The CLIENT shall provide an accounting showing all collections for the previous month with the remittance. Article 4 Intellectual Property Rights 4.01 The CLIENT recognizes and acknowledges that the FIRM owns all right, title and interest in certain proprietary software that the FIRM may utilize in conjunction with performing the services provided in this AGREEMENT. The CLIENT agrees and hereby grants to the FIRM the right to use and incorporate any information provided by the CLIENT ("CLIENT Information") to update the databases in this proprietary software, and, notwithstanding that CLIENT Information has been or shall be used to update the databases in this proprietary software, further stipulates and agrees that the CLIENT shall have no rights or ownership whatsoever in and to the software or the data contained therein, except that the CLIENT shall be entitled to obtain a copy of such data that directly relates to the CLIENT's accounts at any time. 4.02 The FIRM agrees that it will not share or disclose any specific confidential CLIENT Information with any other company, individual, organization or agency, without the prior written consent of the CLIENT, except as may be required by law or where such information is otherwise publicly available. It is agreed that the FIRM shall have the right to use CLIENT nformation for internal analysis, improving the proprietary software and database, and generating aggregate data and statistics that may inherently contain CLIENT Information. These aggregate statistics are owned solely by the FIRM and will generally be used internally, but may be shared with the FIRM's affiliates, partners or other third parties for purposes of improving the FIRM's software and services. Article 5 Costs 5.01 The FIRM and CLIENT recognize that certain costs may be incurred in the process of providing any additional services contemplated in Section 2.02 above or in providing any special litigation services. The CLIENT agrees that all such costs shall be billed to the CLIENT, but that the FIRM will either (i) advance such costs on behalf of the CLIENT or, (ii) when possible, arrange with the vendor or agency providing the service that the costs of services will not be paid unless and until such costs are recovered by the CLIENT from the debtor. 5.02 The CLIENT acknowledges that the FIRM may provide such services with its own employees or with other entities or individuals who may be affiliated with the FIRM, but the FIRM agrees that any charges for such services will be reasonable and consistent with what the same services would cost if obtained from a third party. 5.03 The CLIENT agrees that upon the recovery of such costs, the CLIENT will (i) pay the FIRM for any such costs that have been advanced by the FIRM or performed by the FIRM and (ii) pay any third-party agency or vendor owed for performing such services. Article 6 Term and Termination 6.01 This AGREEMENT shall be effective April 21, 2025 and shall expire April 20, 2028 (the "Expiration Date") unless extended as hereinafter provided. 6.02 Unless prior to sixty (60) days before the Expiration Date, the CLIENT or the FIRM notifies the other in writing that it does not wish to continue this AGREEMENT beyond its initial term, this AGREEMENT shall be automatically extended for an additional two- year period without the necessity of any further action by either party. In the absence of any such sixty (60) day notice by either the CLIENT or the FIRM, the AGREEMENT shall continue to automatically renew for additional and successive two-year terms in the same manner at the end of each renewal period. 6.03 If, at any time during the initial term of this AGREEMENT or any extension hereof, the CLIENT determines that the FIRM's performance under this AGREEMENT is unsatisfactory, the CLIENT shall notify the FIRM in writing of the CLIENT's determination. The notice from the CLIENT shall specify the particular deficiencies that the CLIENT has observed in the FIRM's performance. The FIRM shall have sixty (60) days from the date of the notice to cure any such deficiencies. If, at the conclusion of that sixty (60) day remedial period, the CLIENT remains unsatisfied with the FIRM's performance, the CLIENT may terminate this AGREEMENT effective upon the expiration of thirty (30) days following the date of written notice to the FIRM of such termination (Termination Date"). 6.04 Whether this AGREEMENT expires or is terminated, the FIRM shall be entitled to continue to collect any items and to pursue collection of any claims that were referred to and placed with the FIRM by the CLIENT prior to the Termination Date or Expiration Date for an additional ninety (90) days following termination or expiration. The CLIENT agrees that the FIRM shall be compensated as provided by Article 3 for any such item or pending matters during the ninety (90) day period. 6.05 The CLIENT agrees that the FIRM shall be reimbursed for any costs advanced and shall be paid for any services performed pursuant to Article 5 when such costs are recovered by or on behalf of the CLIENT, regardless of the date recovered. It is expressly agreed that neither the expiration nor the termination of this AGREEMENT constitutes a waiver by the FIRM of its entitlement to be reimbursed for such costs and to be paid for such services. It is further expressly agreed that the expiration of any ninety (90) day period under Section 6.04 does not constitute any such waiver by the FIRM. Article 7 Miscellaneous 7.01 Subcontracting. The FIRM may from time-to-time obtain co-counsel or subcontract some of the services provided for herein to other law firms or entities. In such cases, the FIRM will retain supervisory control and responsibility for any services provided by such co-counsel or subcontractors and shall be responsible to pay any compensation due to any such co-counsel or subcontractor. 7.02 Arbitration. Any controversy between the parties to this AGREEMENT involving the construction or application of any of the terms, covenants, or conditions of this AGREEMENT shall, on the written request of one party served on the other, be submitted to arbitration, and such arbitration shall comply with and be governed by the provisions of the Texas General Arbitration Act. 7.03 Integration. This AGREEMENT contains the entire AGREEMENT oetween the parties hereto and may only be modified in a written amendment, executed by both parties. 7.04 Representation of Other Governmental Entities. The CLIENT acknowledges and consents to the representation by the FIRM of other governmental entities that may be seeking the payment of fines and fees or other claims from the same person(s) as the CLIENT. 7.05 Notices. For purposes of sending any notice under the terms of this contract, all notices from CLIENT shall be sent to FIRM by certified United States mail, or delivered by hand or by courier, and addressed as follows: Linebarger Goggan Blair & Sampson, LLP Attention: Director of Client Services P.O. Box 17428 Austin, Texas 78760-7428 All notices from the FIRM to the CLIENT shall be sent to CLIENT by certified United States mail, or delivered by hand or by courier, and addressed as follows: City of Hempstead 1125 Austin Street Hempstead, Tx. 77445 7.06 Compliance with Tx. Govt. Code $2270.002. In order to comply with Tx. Govt. Code $2270.002, the Firm verifies that it does not boycott Israel and will not boycott Israel during the term of the contract. EXECUTED ON the 21st, day of April 2025. City of Hempstead By: Katherine Ward, Mayor Linebarger Goggan Blair & Sampson, LLP By: Richard S. Hill Capital Partner V City of Stempstead 1125 Austin Street . Hempstead, Texas 77445 . Tel: 979-826-2486 Fax: 979-826-6703 G STR RESOLUTION 25-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HEMPSTEAD, TEXAS REGARDING LINEBARGER GOGGAN BLAIR & SAMPSON, LLP AS BEING FULLY QUALIFIED AS SPECIAL COUNCIL TO PERFORM ALL LEGAL SERVICES NECCESARY TO COLLECT UNPAID FINES, FEES, COURT COSTS, FORFEITED BONDS, AND RESTITUTION AS PROVIDED IN TEXAS CODE OF CRIMINAL PROCEDURE, ARTICLE 103.0031., AND TO PERFORM ALL LEGAL SERVICES NECESSARY TO COLLECT UNPAID UTILITY ACCOUNTS. WHEREAS, providing adequate notice as required by Sec. 2254.1036 of the Texas Government Code, the consideration ofa Contract for Fines, Fees and Utility Collection Services with Linebarger Goggan Blair & Sampson, LLP, and AFTER EXCERCISING ITS DUE DILIGENCE, THE CITY OF HEMPSTEAD FINDS THAT: 1. There is a substantial need for the legal services to be provided pursuant to the Contract for Fines, Fees and Utility Collection Services; and 2. These legal services cannot be adequately performed by the attorneys and supporting personnel of the City ofHempstead at a reasonable cost; and 3. These legal services cannot reasonably be obtained from attorneys in private practice under a contract providing only for the payment of hourly fees, without regard to the outcome of the matter, because oft the nature of the collection fee authorized by Texas Code of Criminal Procedure Art. 103.0031 and because the City of Hempstead does not have the funds to pay the estimated amounts required under a contract only for the payment ofhourly fees; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HEMPSTEAD THAT: SECTION 1. This statement set out in the preamble to this Resolution are true and correct. SECTION 2. The meeting at which this Resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings, Texas Government Code, Chapter 551. Page 1 of 2 PASSED AND APPROVED this 21st, day of April 2025. Katherine Ward, Mayor ATTEST: Sabrina Alvarez, City Secretary Page 2 of 2 COMPTROLERIEXAS-GON Glenn Hegar Texas Comptroller of Public Accounts Transparency Tax Allocations City Sales and Use Tax Comparison SummaryApril 2025 Download and further analyze current and historic data using the Texas Open Data Center. NOTE: Some jurisdictions may have changed tax rates, thus affecting the comparison. See Local Sales Tax Rate Information Report compirolerlesasgoulaseshabsfatereponp.o. for a list of jurisdictions who have changed rates in the preceding 14 months. U/C = Unable To Compute Percentage Change Total Net Payments This Period: $621,666,147.11; Comparable Payment Prior Year: $646,954,359.14; Percent Change: -3.91% Total Payments YTD: $2,940,222,272.11; Total Prior Year Payment YTD: $2,829,645,741.36; Percent Change: 3.91% Search Table Search Net Payment This Per Comparable Payment % Cha Prior Year Payment Y % Cha City iod Prior Year nge Payment YTD TD nge Harker Heights $833,384.04 $819,358.72 1.71% $3,799,962.12 $3,668,047.81 3.59% Harlingen $2,469,924.17 $2,615,033.86 -5.54% $12,077,550.95 $11,484,882.93 5.16% Hart $6,378.03 $4,490.31 42.03% $27,677.38 $20,271.97 36.53% Haskell $64,296.52 $54,859.37 17.20% $283,319.20 $241,233.33 17.44% Haslet $574,225.29 $427,438.60 34.34% $2,433,313.96 $2,085,494.70 16.67% Hawk Cove $2,120.76 $2,001.63 5.95% $8,438.32 $8,605.12 -1.93% Hawkins $35,411.01 $36,697.59 -3.50% $176,245.09 $159,524.05 10.48% Hawley $21,420.52 $30,710.15 -30.24% $100,197.66 $136,358.07 -26.51% Hays $8,620.25 $1,457.60 491.40% $17,545.07 $11,795.25 48.74% Hearne $164,935.49 $147,835.07 11.56% $713,469.58 $741,469.37 -3.77% Heath $222,944.61 $223,134.81 -0.08% $1,115,117.74 $1,018,479.39 9.48% Hebron $0.00 $11,315.88 -100.00% $55,042.56 $46,360.57 18.72% Hedley $975.29 $863.19 12.98% $5,694.19 $4,304.75 32.27% Hedwig Village $200,663.23 $210,006.51 -4.44% $1,026,418.09 $1,040,572.52 -1.36% Helotes $660,670.85 $721,407.85 -8.41% $2,934,829.58 $3,036,314.05 -3.34% Hemphill $35,509.20 $39,955.49 -11.12% $191,927.76 $190,608.11 0.69% Hempstead $175,094.91 $263,937.98 -33.66% $880,130.96 $2,132,081.17 -58.71% Henderson $531,294.58 $653,008.34 -18.63% $2,848,790.56 $2,900,892.26 -1.79% Henrietta $56,384.22 $59,801.95 -5.71% $279,833.01 $269,119.59 3.98% Hereford $244,941.43 $263,798.71 -7.14% $1,155,610.09 $1,145,108.75 0.91% . Rows 441 to 460 of 1174 Total H) If you have questions about Tax Allocation Payment Distribution Schedule, please contact Tax Allocation Imallo.TaxAlocation@cpaiexas.gow.