NOTICE OF REGULAR MEETING SEALY CITY COUNCIL CITY COUNCIL CHAMBERS 415 MAIN STREET SEALY, TX 77474 SEALY EXAS TUESDAY, JUNE 17, 2025 ARSTORTO a ECECL ATUTIRL er PICGIISS 6:00 P.M. Notice is hereby given of a Meeting of the City Council of Sealy to be held on the abovementioned date, time, and location for the purpose of considering the following agenda items. All agenda items are subject to action. The City Council reserves the right to meet in a closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. A. Call to Order B. Invocation and Pledges of Allegiance C. Roll Call and Certification of a Quorum D. Petition(s) and Public Comments Individuals shall have three (3) minutes to speak. E. Discussion and Possible Action to Approve the agenda order or reorder F. Proclamation(s) None G. Consent Agenda (In accordance with Sec. 2-35. (1) of the Code of Ordinances, "Routine matters thought to require little or no deliberation by city council may be placed on a consent agenda, which shall be treated as one agenda item." At any time prior to the call for a vote on the consent agenda, any council member may request that one or more items may be removed from the consent agenda and handled separately in the same manner as a regular agenda item.) May 29, 2025 Special Meeting Minutes June 3, 20025 Regular Meeting Minutes Adding a New Article VIII of Chapter 42 Adopting the Collection Box Ordinance (Second of two readings) Approving a Resolution for the SEDC Expenditure of Funds using a Business Incentive for Jeff Trevino and the 222 Sealy, LLC (The Trevino Project) to Promote New and Expanded Business Development (Second of two readings) H. Presentation(s) None I. Business 1. Discussion and Possible Action regarding Approving Amendments to the Trevino Project Performance Agreement. City of Sealy, Texas Council Meeting Agenda June 17, 2025 2. Discussion and Possible Action regarding Potential Engineering Task Order for W Front Street Sewer Replacement, identified in the Capital Improvement Plan. 3. Discussion and Possible Action regarding Potential Task Order for Assessment and Repairs to the Police Department. 4. Discussion and Possible Action regarding Final Pay Request and Set Warranty Date for Hwy 36 Lift Station. 5. Discussion and Possible Action regarding Strand Task Order 25-04 Seventh Street Water Line and Roadway Improvements. 6. Discussion and Possible Action regarding Approving Financial Report for the Month Ending April 2025; General Ledger VS Actuals Fund Balance Sales Tax Report Check Register 7. Discussion and Possible Action regarding Approving a Contract with BrooksWatson and Co., PLLC for Audit Services 8. Discussion and Possible Action regarding Resolution of Support for Texas Department of Transportation Feasibility Study for Relief Route. 9. Discussion and Possible Action regarding Approving Mass Gathering Ordinance Amending Chapter 66 of the Code of Ordinances. (First of two readings) 10. Discussion and Possible Action regarding Approving Amending the Master Fee Schedule Ordinance. (Second of two readings) 11. Discussion and Possible Action regarding An Ordinance of the City of Sealy, Texas, Establishing No Parking/Tow Away Zones on San Felipe Rd., Sealy Rd., Garland St., and Downey Rd. within the City of Sealy. 12. Discussion and Possible Action regarding Rembursement of Sewer Tap Replacement Fee. 13. Discussion and Possible Action regarding Amending Boards and Commissions Policy. 14. Discussion and Possible Action regarding Approving a Personal Services Agreement with Michael Baxter of Texas Festival & Tourism Consulting to provide Festival Consulting Services. 2 City of Sealy, Texas Council Meeting Agenda June 17, 2025 J. EXECUTIVE SESSION: A closed meeting will be held concerning the following item(s): a) Texas Government Code, Section 551.071, CONSULTATION WITH ATTORNEY: A governmental body may conduct a private consultation with its attorney when the governmental body seeks the advice of its attorney about: pending or contemplated litigation; or a settlement offer; or on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code. Disannexation Petitions b) Section 551.072, DELIBERATIONS REGARDING REAL PROPERTY: A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. c) Texas Government Code, Section 551.074, Personnel Matters: To deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee. Chief of Police Position Pay Scale 15. Reconvene into regular session and consider action, if any, on items discussed in Executive Session. 16. Discussion and Possible Action regarding Purchasing Property from TxDOT 17. Reports or Requests from the City Manager and Discussion: Chapter 29 = Downtown District 18. Reports, Announcements, or Requests from Councilmembers. K. Adjourn CERTIFICATION 1, Sandra Vrablec, City Secretary of the City of Sealy, do hereby certify that the above notice of the City of Sealy, Texas, City Council, was posted in a place convenient to the general public in compliance with Chapter 551, of the Texas Government Code, and remained posted for at least 72 continuous hours preceding the scheduled time of said meeting as well as on required website(s). ClomdaValle Sandra Vrablec, City Secretary 3 F. Proclamation/(s) None G. Consent Agenda MINUTES SEALY CITY COUNCIL CITY COUNCIL CHAMBERS 415 MAIN STREET SEALY, TX 77474 SEALY l w EXAS THURSDAY, MAY: 29, 2025 ABSTOITEFD EICIENL ATITILE ar PICSIISS 6:00 P.M. The City Council of the City of Sealy, Texas, conducted the meeting scheduled for May 29, 2025, at 6:00 p.m., at the Sealy City Council Chambers located at 415 Main Street, Sealy, Texas, 77474. A. Call to Order Mayor Bilski called the meeting to order at 6:01 p.m. B. Invocation and Pledges of Allegiance Mayor Bilski gave the Invocation and led the Pledges of Allegiance C. Roll Call and Certification of a Quorum Present: Carolyn Bilski Mayor Dee Anne Lerma Councilmember, Place 1, Mayor Pro Tem Chris Noack Councimember, Place 2 Bradley Miller Councilmember, Place 3 Theadra Curry Councilmember, Place 4 Edward Zapalac Councimember, Place 5 Absent: Adam Burttschell Councimember, Place 6 A quorum was declared present. Staff Attending: Kimbra Hill, City Manager Sandra Vrablec, City Secretary Tim Kirwin, City Attorney Jennifer Matura, Finance Director Jay Reeves, Police Chief Scott Riske, Police Captain Russell Grimes, Police Admin Sergeant Patrick Parsons, Public Works Director Bill Atkinson, EDC Director Fawn Mackey, Court Administrator James Shelton, Police Officer Tony Fourroux, Police Officer Lieutenant City of Sealy, Texas City Council Meeting Minutes May 29, 2025 D. Petitions(s) and Public Comments Travis Abel, Agenda Item F Diane Abel, Agenda Item F Diane Bartlett, Agenda Item F Sharon Janicek, Agenda Item F Sandy Scarborough, Agenda Item F Suzanne Bozeman, Agenda Item F Janet Newbill, Agenda Item F Jim Brooks, Agenda Item F Chuck Easterling, Agenda Item F Donna Preibisch, Agenda Item F Candy Easterling, Agenda Item F Sheila Koy, Agenda Item F Keith Oliver Thomas Smaistrla, Agenda Item F Andrew Tirey, Agenda Item F John Bird, Agenda Item F Jessica Garza, Agenda Item F Mark and Trish Sams E. Discussion and Possible Action to Approve the agenda order or reorder A motion was made by Councilman Zapalac to Approve the agenda order. Councilwoman Lerma seconded the motion. Mayor Bilski called for the vote. AYES: Bilski, Lerma, Noack, Miller, Curry, Zapalac NOES: None The motion carried. F. PUBLIC HEARING: Notice of a Public Hearing on Placement of City Sidewalks. The City of Sealy will hold a Public Hearing on the Placement of City Sidewalks on Main Street, to be held on May 29, 2025, at 6:00 p.m. in the City Council Chamber at 415 Main Street. All interested persons shall be given an opportunity to be heard for or against the Proposed Sidewalk Placement. Mayor Bilski opened the Public Hearing at 6:04 p.m. Jim Brooks spoke about how everyone on Main Street opposed the sidewalks and requested in lieu of all signed up for public comment, those who agreed with his statement to raise their hand. Mayor Bilski closed the Public Hearing at 6:09 p.m. G. Proclamation(s) None 2 City of Sealy, Texas City Council Meeting Minutes May 29, 2025 H. Consent Agenda (In accordance with Sec. 2-35. (1) of the Code of Ordinances, "Routine matters thought to require little or no deliberation by city council may be placed on a consent agenda, which shall be treated as one agenda item." At any time prior to the call for a vote on the consent agenda, any council member may request that one or more items may be removed from the consent agenda and handled separately in the same manner as a regular agenda item.) May 6, 2025, Workshop May 6, 2025, Special Meeting Minutes May 6, 2025, Regular City Council Minutes Discussion and Possible Action to Concur in the Mayor's Appointments of Individuals to serve on the Parks Board. Discussion and Possible Action to Concur in the Mayor's Appointments of Individuals to serve on the Planning Commission Board. Discussion and Possible Action to Concur in the Mayor's Appointments of Individuals to serve on the Sealy Economic Development Corporation Board. Discussion and Possible Action to Concur in the Mayor's Appointments of Individuals to serve on the Tax Increment Reinvestment Zone #2 Board (TIRZ #2). Discussion and Possible Action regarding the Approval of a Resolution to Adopt the City of Sealy's Tax Abatement Guideline and Criteria. A motion was made by Councilwoman Lerma to Approve the Consent Agenda. Councilwoman Curry seconded the motion. Mayor Bilski called for the vote. AYES: Bilski, Lerma, Noack, Miller, Curry, Zapalac NOES: None The motion carried. I. Presentation(s) None J. Business 1. Discussion and Possible Action regarding Strand Task Order for Completing and Submitting a Detailed Application for the TxDOT Transportation Alternative Program. A motion was made by Counciwoman Curry to move this to the June 3rd meeting and, at this time, to rescind the Resolution 2025-13 and Disapprove the Task Order. Councilwoman Lerma seconded the motion. Mayor Bilski called for the vote. 3 City of Sealy, Texas City Council Meeting Minutes May 29, 2025 AYE: Bilski, Lerma, Noack, Miller, Curry, Zapalac NOES: None The motion carried. 2. Presentation, Discussion, and Possible Action regarding Final Approval of Engineering Design for the TxDOT Loop 350 at State Highway 36 Project Approved by Resolution of Support on March 19, 2024. A motion was made by Councilwoman Lerma to table this agenda item. Councilman Miller seconded the motion. Mayor Bilski called for the vote. AYES: Bilski, Lerma, Noack, Miller, Curry, Zapalac NOES: None The motion carried. 3. Administer the Statement of Officer Oath and Oath of Office to Newly Elected Officers. No action was taken. The Statement of Officer Oath and Oath of Office were administered before the meeting. 4. Discussion and Possible Action regarding City-Wide Event for All for One Festival to be held at the Jacqueline Cryan Park on June 28, 2025. No action was taken. 5. Discussion and Possible Action regarding Professional Services Agreement with Scott Maddux for Architectural Services. A motion was made by Councilman Zapalac to Approve a Professional Services Agreement with Scott Maddux for Architectural Services. Councilwoman Lerma seconded the motion. Mayor Bilski called for the vote. AYES: Bilski, Lerma, Noack, Miller, Curry, Zapalac NOES: None The motion carried. 6. Discussion and Possible Action regarding Strand Change Order No. 2 for the Irene LeBlanc Splash Pad. A motion was made by Counciwoman Lerma to Approve Strand Change Order No. 2 for the Irene LeBlanc Splash Pad. Councilman Miller seconded the motion. Mayor Bilski called for the vote. AYES: Bilski, Lerma, Noack, Miller, Curry, Zapalac NOES: None 4 City of Sealy, Texas City Council Meeting Minutes May 29, 2025 The motion carried. 7. Discussion and Possible Action regarding Resolution of Support for Texas Department of Transportation Feasibility Study for Relief Route. A motion was made by Councilwoman Lerma to table this agenda item. Councilman Miller seconded the motion. Mayor Bilski called for the vote. AYES: Bilski, Lerma, Noack, Miller, Curry, Zapalac NOES: None The motion carried. 8. Discussion and Possible Action regarding a Resolution to Adopt Financial Management Policy. A motion was made by Councilwoman Lerma to Approve the Resolution to Adopt Financial Management Policy. Counciwoman Curry seconded the motion. Mayor Bilski called for the vote. AYES: Bilski, Lerma, Noack, Miller, Curry, Zapalac NOES: None The motion carried. 9. Discussion and Possible Action regarding the Financial Report for the Month ending March 31, 2025: General Ledger VS Actuals Fund Balance Sales Tax Report Check Register A motion was made by Councilman Miller to Approve the Financial Report for the Month ending March 31, 2025. Councilwoman Curry seconded the motion. Mayor Bilski called for the vote. AYES: Bilski, Noack, Miller, Curry, Zapalac NOES: None The motion carried. 5 City of Sealy, Texas City Council Meeting Minutes May 29, 2025 10. Discussion and Possible Action regarding a Resolution to Accept Auditor's Findings and Management's Corrective Action Plan. A motion was made by Councilwoman Lerma to Approve the Resolution to Accept Auditor's Findings and Management's Corrective Action Plan. Councilman Miller seconded the motion. Mayor Bilski called for the vote. AYES: Bilski, Lerma, Noack, Miller, Curry, Zapalac NOES: None The motion carried. 11. Discussion and Possible Action regarding a Resolution to Authorize the Police Department to Apply for Motor Vehicle Crime Prevention Authority Grant Funds. A motion was made by Councilwoman Lerma to Approve. Councilman Miller seconded the motion. Mayor Bilski called for the vote. AYES: Bilski, Lerma, Noack, Miller, Curry, Zapalac NOES: None The motion carried. 12. Discussion and Possible Action regarding Strand Task Order for Phase 1 Additional Parking at B&PW Park. A motion was made by Councilwoman Lerma to Approve a Strand Task Order for Phase 1 Additional Parking at B&PW Park. Councilman Miller seconded the motion. Mayor Bilski called for the vote. AYES: Bilski, Lerma, Noack, Miller, Curry NOES: Zapalac The motion carries. 13. Discussion and Possible Action regarding Approving Amendments to the HOT Funds Policy. A motion was made by Councilman Zapalac to Approve Amendments to the HOT Funds Policy. Councilwoman Curry seconded the motion. Mayor Bilski called for the vote. AYES: Bilski, Lerma, Noack, Miller, Curry, Zapalac NOES: None The motion carried. 6 City of Sealy, Texas City Council Meeting Minutes May 29, 2025 14. Discussion and Possible Action regarding Adopting Police Department Policies. A motion was made by Councilman Zapalac to Approve Adopting Police Department Policies. Councilwoman Lerma seconded the motion. Mayor Bilski called for the vote. AYES: Bilski, Lerma, Noack, Miller, Curry, Zapalac NOES: None The motion carried. K. Presentations by Staff and Discussion of: Fiscal Year 2025-2026 Budget Priorities and Requests a) Public Works Director b) Municipal Court Administrator c) Finance Director d) Assistant City Manager: Planning Department e) Chief of Police f) City Secretary g) EDC/CVB Director h) City Manager 15. Discussion and Possible Action regarding City Council's Fiscal Year 2025-2026 Budget Priorities. No action was taken. 16. Discussion and Possible Action regarding Approving Amendments to the Personnel Policy for: 4.1 Vacation 3.7 Separation Pay 4.2 Sick Leave 2.14 Initial Evaluation A motion was made by Councilman Zapalac to table this agenda item. Counciman Miller seconded the motion. AYES: Bilski, Lerma, Noack, Miller, Curry, Zapalac NOES: None The motion carried. 7 City of Sealy, Texas City Council Meeting Minutes May 29, 2025 17. Discussion and Possible Action to Approve Pay-Out of Vacation Leave in compliance with Personnel Policy. A motion was made by Councilman Zapalac to table this agenda item. Councilman Miller seconded the motion. Mayor Bilski called for the vote. AYES: Bilski, Lerma, Noack, Miller, Curry, Zapalac NOES: None The motion carried. L. Executive Session: A closed meeting will be held concerning the following item(s): a) Texas Government Code, Section 551.072, Deliberation Regarding Real Property; Closed Meeting: A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. No action was taken. 18. Reconvene into regular session and consider action, if any, on items discussed in Executive Session. No action was taken. 19. Discussion and Possible Action regarding Purchasing Property from Texas Department of Transportation. No action was taken. 20. Reports or Requests from the City Manager and Discussion. Splash Pad Update 21. Reports, Announcements, or Requests from Councilmembers. Councilman Burttschell Absent Councilman Zapalac Great job on the Splash Pad. - went into the Sherwin-Willams, we like tax sales, tax driving businesses, and you're not gonna walk out without a gallon of paint for at least 30 bucks. And sO that's a lot more than a drink or a burger. So one thing they told me was is people keep telling them we didn't realize you were open, SO make sure your friends and neighbors know to spend their money at the new Sherwin-Wiliams. So we collect a little more sales tax, it's open. 8 City of Sealy, Texas City Council Meeting Minutes May 29, 2025 Councilwoman Curry Thank you to the Finance Director for putting this slideshow together. I know it's a lot of hard work doing that, and I know you wear several different hats, and kudos to you for being Queen of the Hill here. And to Kimbra for explanation of everything. So I'm just excited about what's happening here. Councilman Miller Echo the same comments on the Splash Pad. It was a great environment. Sorry, I couldn't be there for the ribbon cutting today. Councilman Noack Ditto. I'l start off with the positive. Councilwoman Lerma I am excited about the Splash Pad too. Thanks to everyone. I know it took a lot of people to pull that off, sO Thank You SO much. Its. Been a long time coming. Add I, too, have been to Sherwin- Willams. I think I spent my last whole entire paycheck there over the last week. So I'm doing a lot of remodeling. I'm excited about them being here as well. The only thing, the only request I have is again, and I think Bill mentioned it too, is reviewing that Downtown Ordinance and specifically with reqards to signage is what I'm interested in. Mayor Bilski I'm gonna add to that downtown, he had mentioned the other day that there are some cities have a vacant building ordinance and that we need to look into that because like said, it's a little depressing. Some of the buildings from the front don't look good at all, and they're just used for storage. So anything you can do. And then - - know you have a legal list that y'all are working on, and if we can just grab a couple of those ordinances and push those things through that were on our priority list. M. Adjourn A motion was made by Councilwoman Lerma to adjourn. Councilman Miller seconded the motion. Mayor Bilski called for the vote. AYES: Bilski, Lerma, Noack, Miller, Curry, Zapalac NOES: None The motion carried. The City Council meeting adjourned at 9:26 p.m. 9 City of Sealy, Texas City Council Meeting Minutes May 29, 2025 PASSED AND APPROVED this 17th day of June 2025. Carolyn Bilski, Mayor ATTEST: Sandra Vrablec, City Secretary 10 MINUTES SEALY CITY COUNCIL CITY COUNCIL CHAMBERS 415 MAIN STREET SEALY, TX 77474 SEAL REXAS TUESDAY, JUNE 3, 2025 ABSTITO CF EICELENCL ATUTILE (I PICGIESS 6:00 P.M. The City Council of the City of Sealy, Texas, conducted the meeting scheduled for June 3, 2025, at 6:00 p.m., at the Sealy City Council Chambers located at 415 Main Street, Sealy, Texas, 77474. A. Call to Order Mayor Bilski called the meeting to order at 6:00 p.m. B. Invocation and Pledges of Allegiance Mayor Bilski gave the Invocation and led the Pledges of Allegiance C. Roll Call and Certification of a Quorum Present: Carolyn Bilski Mayor Dee Anne Lerma Councilmember, Place 1, Mayor Pro Tem Chris Noack Councilmember, Place 2 Bradley Miller Councimember, Place 3 Theadra Curry Councilmember, Place 4 Edward Zapalac Councilmember, Place 5 Absent: Adam Burttschell Councimember, Place 6 A quorum was declared present. Staff Attending: Kimbra Hill, City Manager Sandra Vrablec, City Secretary Tim Kirwin, City Attorney Jennifer Matura, Finance Director Chris Hudson, Police Captain Patrick Parsons, Public Works Director Mike Barrow, Assistant City Manager Bill Atkinson, EDC Director Katherine Ellis, EDC Secretary D. Petitions(s) and Public Comments No one signed up to speak. City of Sealy, Texas City Council Meeting Minutes June 3, 2025 E. Discussion and Possible Action to Approve the agenda order or reorder A motion was made by Councilman Zapalac to Approve the agenda order. Councilwoman Lerma seçonded the motion. Mayor Bilski called for the vote. AYES: Bilski, Lerma, Noack, Miller, Curry, Zapalac NOES: None The motion carried. F. Proclamation(s) None G. Consent Agenda (In accordance with Sec. 2-35. (1) of the Code of Ordinances, "Routine matters thought to require little or no deliberation by city council may be placed on a consent agenda, which shall be treated as one agenda item." At any time prior to the call for a vote on the consent agenda, any council member may request that one or more items may be removed from the consent agenda and handled separately in the same manner as a regular agenda item.) None H. Presentation(s) 2025 Street Pavement Assessment Study by Mike Barrow, Assistant City Manager, and Jared Engelke with Strand and Associates Fiscal Year 2025-2026 Budget Priorities and Request from Assistant City Manager I. Business 1. Discussion and Possible Action to Elect a Mayor Pro Tem. Ai motion was made by Councilwoman Curry to Elect Councilwoman Lerma to Mayor Pro Tem. Councilman Noack seconded the motion. Mayor Bilski called for the vote. AYES: Bilski, Lerma, Noack, Miller, Curry, Zapalac NOES: None The motion carried. 2 City of Sealy, Texas City Council Meeting Minutes June 3, 2025 2. Discussion and Possible Action regarding Approving the Investment Report for the Quarter ending March 31, 2025. A motion was made by Councilwoman Lerma to Approve the Investment Report for the Quarter ending March 31, 2025. Councilman Miller seconded the motion. Mayor Bilski called for the vote. AYES: Bilski, Lerma, Noack, Miller, Curry, Zapalac NOES: None The motion carried. 3. Discussion and Possible Action regarding a Business Incentive for the Trevino Project with Sealy EDC Funding and a Performance Agreement for Business Interior Improvements in an amount not to exceed $15,000. A motion was made by Councilwoman Lerma to Approve the Business Incentive for the Trevino Project with Sealy EDC Funding and a Performance Agreement for Business Interior Improvements in an amount not to exceed $15,000. Councilman Miller seconded the motion. Mayor Bilski called for the vote. AYES: Bilski, Lerma, Noack, Miller, Curry, Zapalac NOES: None The motion carried. 4. Discussion and Possible Action regarding a Resolution for the Trevino Project. A motion was made by Councilwoman Lerma to Approve a Resolution for the Trevino Project. This is the first of two readings. Councilman Miller seconded the motion. Mayor Bilski called for the vote. AYES: Bilski, Lerma, Noack, Miller, Curry, Zapalac NOES: None The motion carried. 5. Discussion and Possible Action regarding a Task Order No. 25-01 with Strand Associates for a Jacqueline A. Cryan Memorial Park Pond and Path Lighting Project. AI motion was made by Councilman Zapalac to Approve Task Order No. 25-01 with Strand Associates for a Jacqueline A. Cryan Memorial Park Pond and Path Lighting Project. Counciwoman Curry seconded the motion. Mayor Bilski called for the vote. AYES: Bilski, Lerma, Noack, Miller, Curry, Zapalac NOES: None The motion carried. 3 City of Sealy, Texas City Council Meeting Minutes June 3, 2025 6. Discussion and Possible Action to Rescind Resolution 2025-13 A Resolution of the City of Sealy, Texas, Approving, Memorializing, and Ratifying Applications for 2025 Transportation Alternatives Set-Aside (TA) Program with the Texas Department of Transportation (TxDOT), Whereby Staff has Applied for Funding for the Construction and Improvement of Sidewalks for Highway 36, FM 2187, and Main Street. A motion was made by Counciwoman Lerma to Rescind Resolution 2025-13. Councilman Miller seconded the motion. Mayor Bilski called for the vote. AYES: Bilski, Lerma, Noack, Miller, Curry, Zapalac NOES: None The motion carried. 7. Discussion and Possible Action regarding the Approval of Ordinance Chapter 42 for Collection Boxes. (First of two readings) A motion was made by Councilman Zapalac to Approve Ordinance Chapter 42 for Collection Boxes. This is the first of two readings. Counciwoman Lerma seconded the motion. Mayor Bilski called for the vote. AYES: Bilski, Lerma, Noack, Miller, Curry, Zapalac NOES: None The motion carried. 8. Discussion and Possible Action regarding Amending Ordinance for the Master Fee Schedule for: (First of two readings) Collection Box Permit Fee A motion was made by Councilwoman Lerma to Amend Ordinance for the Master Fee Schedule. This is the first of two readings. Councilman Miller seconded the motion. Mayor Bilski called for the vote. AYES: Bilski, Lerma, Noack, Miller, Curry, Zapalac NOES: None The motion carried. 4 City of Sealy, Texas City Council Meeting Minutes June 3, 2025 I. EXECUTIVE SESSION: A closed meeting will be held concerning the following item(s): a) Texas Government Code, Section 551.074, Personnel Matters: To deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee. Public Works Director A motion was made by Councilwoman Lerma to recess into Executive Session. Councilman Miller seconded the motion. Mayor Bilski called for the vote. AYES: Bilski, Lerma, Noack, Miller, Curry, Zapalac NOES: None The motion carried. The City Council entered into Executive Session at 6:39 p.m. 9. Reconvene into regular session and consider action, if any, on items discussed in Executive Session. The City Council reconvened into Open Session at 6:51 p.m. A motion was made by Councilman Zapalac to Approve City Manager's recommendation. Councilman Miller seconded the motion. Mayor Bilski called for the vote. The motion carried. 10. Reports, Announcements, or Requests from Councilmembers. Mayor Bilski None Councilwoman Lerma None Councilman Noack None Councilman Miller None Councilwoman Curry None Councilman Zapalac Park Land Fund Balance Status Councilman Burttschell Absent 5 City of Sealy, Texas City Council Meeting Minutes June 3, 2025 J. Adjourn A motion was made by Counciwoman Lerma to adjourn. Councilman Miller seconded the motion. Mayor Bilski called for the vote. AYES: Bilski, Lerma, Noack, Miller, Curry, Zapalac NOES: None The motion carried. The City Council meeting adjourned at 6:53 p.m. PASSED AND APPROVED this 17th day of June 2025. Carolyn Bilski, Mayor ATTEST: Sandra Vrablec, City Secretary 6 BBAL/ REXAS IE or TCTLEN aina STAFF REPORT Meeting Date: June 17, 2025 Agenda Items Consent Agenda = Adding a New Article VIII of Chapter 42 Adopting the Collection Box Ordinance. Prepared by: Mike Barrow, Assistant City Manager SUMMARY: Donation or Collection boxes have a tendency to invite nuisance dumping of items left outside of collection boxes. This ordinance creates requirements for the regulation and permitting of collection boxes in order to prevent nuisances, reduce visual clutter and the disposal of unwanted personal property. The Master Fee Schedule changes include permit fee of $75.00 and $50.00 each additional collection box. Each box will require a medallion (sticker) issued by the Planning Department to be affixed to the collection box to show that the collection box is permitted. FINANCIAL IMPACT: NA RECOMMENDATION: Recommend approval of the Collection Box Ordinance for Chapter 42. ORDINANCE NO. 2025- AN ORDINANCE OF THE CITY OF SEALY, TEXAS, ADDING A NEW ARTICLE VIII OF CHAPTER 42 OF THE CODE OF ORDINANCES; PROVIDING RULES AND REGULATIONS FOR DONATION BOXES; REPEALING ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT OR INCONSISTENT WITH THIS ORDINANCE; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. * WHEREAS, the City Council of the City of Sealy, Texas, ("City") finds that adding rules and regulations for donation boxes is for the good of the government and protects the health and safety of citizens and visitors; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEALY, TEXAS: Section 1. The facts and recitations contained in the preamble to this ordinance are true and correct and incorporated herein for all purposes. Section 2. A new Article VIII of Chapter 42 of the City of Sealy Code of Ordinances is added to read as follows: "CHAPTER 42 - HEALTH AND SANITATION ARTICLE VIII. - DONATION BOXES Sec. 42-151. Purpose. The is purpose of this article is to promote the public health, safety and welfare and to preserve the value of real property by adopting regulations to control the placement and maintenance of unattended donation boxes in order to prevent nuisances, reduce visual clutter and the improper disposal of unwanted personal property. Sec. 42-152. Definitions. As used in this article: (1) "Unattended donation box" or "UDB" means an unattended box, bin, container, dumpster or similar receptacle that is placed outdoors at a location visible from a public place for the purpose of soliciting, receiving and/or temporarily storing donated food, clothing, shoes, toys or other items of personal property. (2) "Director" means the director of planning or the director's designee for the administration and enforcement of this article. (3) Residential property" means property used or restricted to use for one- or two- family dwellings, including townhomes or duplexes. The term does not include apartments or other similar multifamily properties with three or more dwellings per building. Sec. 42-153. Violations; penalty. (a) A person who violates a provision of this article, or who fails to perform an act required of the person by this chapter, commits an offense. A person commits a separate offense for each and every day during which a violation is committed, permitted, or continued. (b) The provisions of this article are intended to protect public health and promote sanitation by preventing unlawful dumping or the establishment of conditions that attract unlawful dumping. An offense under this article is punishable by a fine of not more than $2,000.00. Sec. 42-154. Permit required. (a) A person commits an offense under this article if the person places a UDB within the corporate limits of the city without obtaining a permit for its operation. (b) The owner or another person in effective control of real property commits an offense under this article if the person allows an unpermitted UDB to remain on property under the person's control after having notice that the UDB has not been permitted for the location. Sec. 42-155. Permit application. (a) To obtain a UDB permit a person must submit an application on a form provided for that purpose to the director. A single application may cover multiple UDB's that are owned and operated by the applicant. The application must contain the following: (1) The name, street address, mailing address, facsimile number, and telephone number of the applicant. (2) The address of the premises where each UDB will be placed. (3) The written consent ofthe owner, manager, lawful occupant, or authorized agent of the premises where each UDB will be placed. (4) A site plan showing the proposed location where each UDB will be placed on the property and a drawing depicting the dimensions of the UDB. The location must be well lighted for visibility at all hours of the day or night. A map or satellite photo showing the location in sufficient detail to determine if the location with conform to the requirements of this article will satisfy the requirement of a site plan. (5) A certificate of insurance reflecting the commercial general liability insurance coverage required by this article. (6) Pay a UDB permit fee as set forth by city council in a schedule of fees for each UDB permit medallion issued under the permit. The fee for additional UDB permit medallions under the permit shall be set forth by city council in a schedule of fees whether filed contemporaneously with the permit application or after the original permit application. (b) A UDB permit is site specific and does not authorize the transfer of a UDB from a permitted site to a site not covered by the permit. Where multiple sites have been permitted under one permit a UDB bearing a valid medallion associated with the permit may be moved from one permitted site to another as long as the placement of the UDB otherwise conforms to the requirements of this article. Sec. 42-156. Issuance and display of permit medallion. (a) The director shall issue a permit medallion or sticker to be affixed to the side of each UDB that is permitted under this article. The medallion must be visible to the public and any UDB not displaying a valid permit medallion is in violation of this article. (b) A UDB permit is valid for one calendar year and expires on December 31 of the year issued. A UDB permit may be renewed from year to year. Sec. 42-157. UDB regulations. (a) A UDB may only be placed or maintained on commercial property with an active commercial tenant and must be removed from the property within 30 days of the date on which all active commercial activity ceases. A UDB may not be placed on Page 3 of 6 unimproved or unoccupied property. A UDB may not be placed on residential property or within 50 feet of the property line of an adjacent residential property. (b) Every UDB owner/operator must at all times maintain commercial general liability insurance with coverage of not less than $1,000,000.00. (c) Generally only one UDB per property will be allowed, except that one additional UDB may be permitted on a property with more than 300 feet of road frontage. Where two UDBs are permitted on the same property they must be arranged side-by-side with no more than 12 inches of separation. For the purposes of this paragraph a shopping center, strip center, office park or other similar commercial property operated with common access and shared parking or interconnected parking areas is considered a single property. (d) No UDB may be placed on any property without the written consent of the property owner, manager, lawful occupant or an authorized agent thereof. All UDB's shall be set back at least forty (40) feet from any public street, road, alley, or highway. (e) No UDB may be placed within a public easement or right-of-way, within a fire lane, within a visibility triangle or at any other location that will cause an unsafe obstruction of view for pedestrian or vehicular traffic. (f) A UDB may not exceed 175 cubic feet in container volume or be more than seven feet in height or more six feet in width on any side. Every UDB must display the operator's name, address and phone number on the front of the UDB in clearly legible text at least two inches tall, together with any other information required by state law. A: statement identifying the kind of goods accepted for donation should appear on the face of the UDB as well as a statement that all donated goods must be placed inside the UDB and prohibiting persons from leaving goods on or adjacent to the UDB. (g) Every UDB must be placed on a concrete or asphalt surface accessible by a motor vehicle. A UDB may be placed in a parking lot stall if at least ten parking stalls remain available for vehicle parking. A UDB may not be placed in a parking lot at a location that would obstruct the ordinary movement of vehicles through the lot. (h) Every UDB must be secured from unauthorized access and designed with a one-way door or receiving chute to allow goods to be deposited into the UDB in a manner that prevents unauthorized persons from removing the contents. The door or receiving chute must be faced away from the street and toward the interior of the property. () Every UDB must be maintained in a good state of repair free from graffiti, peeling paint, dents, damage, or defects other than ordinary wear and tear. All notices required to appear on the UDB must be clearly legible at all times. A UDB that does not conform to this requirement must be promptly repaired or removed. Repair or removal of any and all nonconformities identified in this paragraph must be made within seven days or the nonconformity shall constitute a violation of this article. () Every UDB must be fully emptied at least once each week and regardless of their condition all personal property items deposited at the UDB must be removed from the premises. Items not deemed suitable for reuse must be removed and disposed of in a lawful manner. Page 4 of 6 (K) Donated items that cannot be fully contained within a UDB may not be placed or permitted to remain on the ground adjacent to a UDB and must be promptly removed by the permit holder.' 3 Section 3. Repeal. All ordinances or parts of ordinances in conflict herewith are repealed. Section 4. Severability. In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part of provision hereof other than the part declared to be invalid or unconsttutional; and the City Council of the City of Sealy, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts. Section 5. Penalty. Any person who violates or causes, allows, or permits another to violate any provision of this ordinance, rule, or police regulation oft the city shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine or penalty not to exceed two thousand dollars ($2,000.00). If such rule, ordinance, or police regulation governs the dumping of refuse, the fine or penalty shall not exceed four thousand dollars ($4,000.00). Each occurrence of any violation of this ordinance, rule, or police regulation shall constitute a separate offense. Each day on which any such violation of this ordinance, rule, or police regulation occurs shall constitute a separate offense. Section 6. Effective Date. This ordinance shall become effective immediately upon second reading and enforceable in municipal court when published as required by law. PASSED AND APPROVED at this first reading on the day of 2025. PASSED, APPROVED AND ADOPTED at this second reading on the day of 2025. Carolyn Bilski, Mayor ATTEST: Page 5 of 6 Sandra Vrablec, City Secretary Page 6 of 6 RESOLUTION 2025- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEALY, TEXAS, APPROVING THE SEALY ECONOMIC DEVELOPMENT CORPORATION'S EXPENDITURE OF FUNDS USING A BUSINESS INCENTIVE FOR JEFF TREVINO AND THE 222 SEALY, LLC (THE TREVINO PROJECT) TO PROMOTE NEW AND EXPANDED BUSINESS DEVELOPMENT. * * * * * * * * * * * * WHEREAS, the Sealy Economic Development Corporation ("SEDC") approved a performance agreement on May 27, 2025, with Jeff Trevino and 222 Sealy, LLC (The Trevino Project) in an amount not to exceed $15,000.00 to promote new and expanded business development; and WHEREAS, the City Council finds that the SEDC complied with state law regarding such funding; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEALY, TEXAS: SECTION 1. The facts and recitations contained in the preamble to the Resolution are true and correct and incorporated herein for all purposes. SECTION 2. The City Council authorizes the expenditure of funds by the SEDC in an amount not to exceed $15,000.00 to Jeff Trevino and 222 Sealy, LLC (The Trevino Project) to promote new and expanded business development pursuant to Texas Local Government Code, Section 505.158. SECTION3. Severability. In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, or part of this Resolution or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Resolution as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Sealy, Texas, declares that it would have passed each and every part of the same. notwithstanding the omission ofany such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. SECTION 4. That this Resolution shall be in full force upon second reading. Page 1 of 2 PASSED AND APPROVED ON FIRST READING this 3rd day of June, 2025. PASSED AND APPROVED ON SECOND READING this 17th day of June, 2025 Carolyn Bilski, Mayor ATTEST: Sandra Vrablec, City Secretary Page 2 of 2 H. Presentation(s) None I.. Business Item #1 DISCOVER m t mn SEAL EXAS SEALY SEALY CITY COUNCIL AGENDA ITEM No. 1 Discussion and possible action to approve an edit to the Trevino Project Performance Agreement. SUBMITTED BY: Sealy Economic Development and Tourism Staff MEETING DATE: June 17, 2025 STAFF REPORT DESCRIPTION During the City Council meeting on June 3, 2025, the Trevino Project and its performance agreement received approval. The Sealy EDC Staff are now requesting edits that better provide a cleaner, more efficient version of this agreement. ANALYSIS The Sealy EDC staff requests a review and approval of proposed edits to the previously approved performance agreement. The agreement has not yet been executed, as we are still in the stage of potential approval for the resolution. These revisions streamline the agreement and clean up redundant wording. The key changes include: Certificate of Occupancy: The Certificate of Occupancy will now be required in Benchmark 1 instead of Benchmark 2. Removing redundant language: Wording regarding the six full-time employees has been removed from Benchmark 1, as this requirement is already stipulated in Benchmark 2. The overall intent of these edits is to enable the building owner to receive reimbursement upon the completion of work and investment. Employee full-time hires will be assessed twelve months from the issuance of the Certificate of Occupancy for the new Italian Restaurant. These edits result in a cleaner, more efficient version of the agreement terms. LEGAL REVIEW The proposed edits were reviewed by our EDC Legal Counsel. FINANCIAL MPACTS Based on edits, the reimbursement of $15,000 of EDC funds to the building owner is projected for payment in November-December of 2025, instead of November-December of 2026. AITACHMENIS A redline of the performance agreement edits. RECOMMENDATION City staff recommends approval of the Trevino Project performance agreement edits. ECONOMIC. DEVELOPMENT PERFORMANCE. AGREEMENT BETWEEN THE SEALY ECONOMIC DEVELOPMENT CORPORATION ANDJEFF TREVINO AND 222 SEALY, LLC STATE OF TEXAS S COUNTY OF. AUSTIN d& S This Economic Development Performance. Agreement (the "Agreement") is between the Sealy Economic Development Corporation, a Section 4B corporation created pursuant to the authority of the Development Corporation Act of1979, as amended ("EDC"), and Jeff Trevino and 222 Sealy, LLC ("Building Owner"), and hereinafter sometimes collectively referred to as the "Parties. " Thej project is referred to as the Trevino Project RECITALS WHEREAS, this Agreement is intended to encourage and promote new or expanded business development and stimulate employment in the City ofSealy, Texas ("Sealy") and the: surrounding area; and WHEREAS, pursuant to Texas Local Government Code Section 505.158 of the Development Corporation Act, the EDC may execute performance agreements with certain business enterprises to provide funding or make expenditures of public subsidies on behalf ofa business enterprise in furtherance ofpermissible economic development projects; and WHEREAS, Building Owner has requested and the EDC desires to provide financial assistance for business development expenditures including business interior mprovements, which will be located at2 222 &: 224 Fowlkes Street ("Property") to provide funding for building improvements including: completing the kitchen installation, electrical, plumbing, fixtures, lighting, built-ins, bar rails, a kitchen vent hood (fans and iltration), fire suppression system, and other associated expenses to promote new and expanded business development. WHEREAS, the EDC: finds the Project is appropriate pursuant to Texas Local Government Code Chapter 505, Subchapter D, Section 505.158; and WHEREAS, the EDC finds it is duly authorized by the Constitution and laws of the State of Texas to enter into this Agreement; and WHEREAS, the commitments contained in this Agreement shall become legally binding obligations enforceable. against the Parties upon the EDC and Building Owner approving and executing this Agreement; and WHEREAS, the Recitals as set forth above are declared true and correct and are hereby incorporated as part ofthis Agreement; NOW THEREFORE, FOR AND IN CONSIDERATION of the mutual benefits and promises contained herein, and for other good and valuable consideration, the receipt and sufliciency ofwhich are hereby acknowledged by the Parties, the EDC and JeffTrevino, and: 222 Sealy, LLC agree as follows: DEFINITIONS Benchmark means all the performance criteria requirements outlined in this Agreement, which the Building Owner must satisfy in order to qualify for the SEDC Grant. Grant means the economic development funds the SEDC tenders to the Building Owner in an amount not to exceed $15,000.00 (FIFTEEN THOUSAND DOLLARS AND NO/100s), subject to the Building Owner's compliance with the terms and conditions ofthis Agreement. Otherwise, the Grant proceeds shall accrue interest until repaid in accordance with the terms ofthis Agreement. Full-time employees shall mean permanent, full-time employment position that results in actual paid employment on the Property of at least one thousand, eight hundred and twenty (1,820) hours per position in a year. Improvements shall mean those certain public improvements which increase the appraised value that may result from the upgrading, construction, alteration, or installation ofbuildings, structures, fixed machinery, equipment, and/or personal property. Undocumented worker shall mean an individual who, at the time of employment, is not lawfully admitted for permanent residence to the United States or authorized under law to be employed in that manner in the United States. TERMS 1.1. Grant. The EDC agrees to tender a grant in an amount not to exceed $15,000.00 to Building Owner for business development expenditures that promote economic development for restaurant and bar facility, which will be located at 222 & 224 Fowlkes Street to provide funding for building improvements including: completing the kitchen installation, electrical, plumbing, fixtures, lighting, built-ins, bar rails, a kitchen vent hood (fans and filtration) fire suppression system, and other associated expenses to promote new and expanded business development. Thet total capital investment for the Trevino project will be at least $30,000.00. a. Benchmark 1: Building Owner shall: Complete interior improvements, the kitchen installation, electrical, plumbing, fixtures, lighting, built-ins, bar rails, a kitchen vent hood (fans and filtration), fire suppression system, and other associated expenses toj promote new and expanded business development ofthe" Trevino Project. The total capital investment for the Trevino Project shall be at least $30,000.00. The-building ownershall lease-te-al business- that willensure-the job ereation end-retentionoFaHlest-e-G)-al- mrPrata)maa eFReMingcetiewefwpsyunselsw,whidhmstal. oreuron-or-haefoe-De-Desember-15,2025. In addition. the building owner shall receivea Certificate of Occupancy from the City of Sealy, Texas. which must occur on or before December 15. 2025. If Benchmark 1 is completed timely, EDC shall pay Building Owner $15,000.00 within forty-five (45) days of receiving a copy of receipts showing total capital investment of $30,000.00. 2 b. Benchmark 2: Building Owner: shall: Rretain building ownership and to not sell or assign such building to another person or entity for two (2): years. The building owner shall lease to al business that will ensure the job creation and retention of at least two (6) full-time employees/jobs for at least twelve (12) months after receiving a certificate of occupancy from the City of Sealy, Texas. Retention ofj jobs will be verified by the EDC by means of proof to be determined at the discretion oft the EDC Executive Director or Board President. c. Extensions: The EDC. Executive Director or Board President may extend any timeframes in this Section 1.1. for good cause, but in no event shall the Executive Director or Board President be authorized to grant an extension for longer than six (6) months. Good cause includes but is not limited to local, state, or federal economic restrictions or regulations that impose difficulty in operating its business. d.] Modifications: Any modifications must first receive approval from the Executive Director or Board President. The terms ofthis agreement may be revised at the discretion of the EDC Executive Director or Board President. Additionally, the EDC Executive Director or Board President may bring any possible revision of the terms ofthe agreement to the attention ofthe EDC Board and Council for their review and/or approval. The Executive Director or Board President may require EDC and City Council approval of a request for modification. Failure to obtain such approval prior to making any such modifications could render the applicant ineligible to receive grant funding. Any modifications that resulti in legal fees, which may bei incurred as a result ofa any legal action required to amend the performance agreement, will be the responsibility of the grant recipient. 1.2. Proof of Proper Expenditure. As a condition of this Agreement, within ninety (90) days from completion ofwork, Building Owner shall provide the EDC with a copy ofproofofpaid receipt(s) demonstrating the use ofthe grant funds provided in paragraph 1.1.a a. 1.3. No Assumption. By executing this Agreement, the EDC assumes no obligation, duty, or other responsibility with regard to any duty, right, obligation, liability, or responsibility associated with the Trevino Project for which Building Owner is responsible, nor does the EDC assume any legal liability for any action, duty, right, obligation, or responsibility ofBuilding Owner or its successors or assigns by virtue ofthe execution ofthis Agreement. 1.4., Completion.. This Agreement shall be deemed complete upon. (1). the EDC. tendering. its grant to. Formatted: Underline Building Owner, or upon Building Owner's request, tendering the grant to a third-party on behalf of Building Owner, and (2) Building Owner tendering to the EDC copies of receipts or other invoices demonstrating the use of the grant for expenditures relating to the complete the kitchen installation, electrical, plumbing, fixtures, lighting, built-ins, bar rails, a kitchen vent hood (fans and filtration) fire suppression system, and other associated expenses to promote new and expanded business development of the Trevino Project. (3) Once the Building Owner has retained ownership of the building for 2 years in full-time operation, and leased the building(s) to a 3 business that has employed 6 full-time employees for 12 months after receiving a certificate of occupancy from the City ofSealy. 1.5. Default and recapture. Building Owner shall be in default under this Agreement ifit uses the EDC's grant for any purpose other than for expenditures related to the Trevino Project or fails to complete work in the timeframe set forth herein. In the event ofdefault, Building Owner shall refund any and all grant fund proceeds to the EDC. Upon default, Building Owner shall tender a refund to the EDC within thirty (30) days oft the EDC sending a written demand for repayment and recapture. Building Owner shall refund to the EDC any and all grant funds, and reimburse the EDC for all attomey's fees and costs which may be incurred as a result of any legal action required to seek reimbursement of all grant funding received by Building Owner. In the event that an amendment to the executed agreement is requested by Building Owner, any legal fees which may be incurred as a result of any legal action required to amend the performance agreement will be the responsibility of Building Owner. 1.6. Merger. The terms contained in this Agreement represent the final agreement among and between the Parties with respect to the subject matter hereof and may not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements of the Parties. The Parties agree that by entering into this Agreement, they havenot relied upon any representation other than those contained in this Agreement. The Parties agree that they have read this Agreement, sought the advice of counsel, uinderstand the terms ofthis Agreement, and have executed this Agreement voluntarily. 1.7. Undocumented Workers. Building Owner shall lease to a business at 222 & 224 Fowlkes Street that will not employ undocumented workers, defined as an individual who, at the time ofemployment, is not lawfully admitted for permanent residence to the United States or authorized under law to be employed in that manner in the United States. Building Owner must agree that if, after receiving grant funds, leasee is convicted ofa violation under 8 U.S.C. Section 1 324a(f), Building Owner shall repay the amount of the grant funds with interest, at the rate of1 12% per annum, or the maximum allowed by law, within 120 days after the SEDC: notifies Building Owner ofthe violation. The SEDC shall have the authority to bring acivil action to recover any amounts that the Building Owner must repay the SEDC under this provision, and in such action may recover court costs and reasonable attomey fees. AGREED AND. ACCEPTED: AGREED AND. ACCEPTED: Sealy Economic Development Corp. Building Owner, JeffTrevino & 222 Sealy, LLC By: By: Date: Its: President Date: 4 Item #2 EXAS AESTENE e ErnLct ATTLe a PISSIESS BEAL AGENDA ITEM NO: 2, SUBMITTED BY: Patrick Parsons, Public Works Director MEETING DATE: June 17,2025 STAFF REPORT DESCRIPTION Discussion and Possible regarding Potential Engineering Task Order for W Front Street Sewer Replacement, identified in the Capital Improvement Plan. ANALYSIS Per our discussion, there are two proposed sanitary sewer projects, West Front Street and North 3rd Street Lift Station Force Main, and both were identified in the Utility Master Plan and Impact Fee Study completed a couple of years ago. Remember that North 3rd Sewer Lift Station Improvements were completed several months ago and had to be completed before these two projects could be started. North 3rd Street Sewer Lift Station Force Main Replacement - This project will replace the existing 6-inch force main with a proposed 12-inch force main from the North 3rd Street Lift Station to the proposed upsized West Front Street Interceptor (below) at the intersection of West Front Street and 8th Street. The project will allow the City to realize the full capacity of the recently upsized North 3rd Street Lift Station (ARPA project); while the project installed a third pump. Operations at the lift station are still limited to one pump at a time because of the existing force main's smaller size. Replacing and upsizing the force main will provide increased capacity within the area's to the North 3rd Street Lift Station, including the Hunters Crossing development and future developments along Highway 36 North and FM 2187. West Front Street Interceptor - This project will replace the existing 12-inch vitrified clay pipe that is highly susceptible to inflow and infiltration with a 24-inch gravity sanitary trunk sewer along West Front Street from the North 3rd Street Sewer Lift Station's force main discharge at the infersection of West Front Street and 8th Street to just south of the intersection of West Front Street and Overcreek Way. The existing 12-inch gravity sanitary sewer is undersized for the increased sanitary flows from the upsized North 3rd Street Lift Station. Replacing and upsizing this sanitary sewer will result in a reduction of inflow and infiltration, as well as, reduced occurrence of sewer system overflows during high rainfall events. Upsizing the sanitary sewer will provide increased capacity to serve future growth in the City, including the Hunters Crossing development and future developments along Highway 36 North and FM 2187. The West Front Street Interceptor and North 3rd Street Lift Station's Force Main Replacement projects were anticipated to cost $3,380,000. Not considered in the plans were the roadway and drainage of W Front Street in this area. Both are in poor condition and need to be considered, especially with the fact that replacement of both the sewer and water lines will be destructive to the area before both are rebuilt. The roadway has poor to no base material and while the drainage ditch was improved for a short distance on the upper end of W Front near Hwy 90 with the drainage improvements in the neighborhood between W Front Street and Fowlkes Street, the lower end was left in as is condition and every time the ditch is cleaned out, stabilized material is also removed or disturbed just due to the necessary cleanings. RECOMMENDATION Staff Recommends review of a Task order with Strand for this project. FINANCIAL IMPACTS This will be paid for out of the 2022 Certificates of Obligation. Item #3 EXAS AESTEITO a ErTLocE Arerute BEAW er PISAESS AGENDA ITEM NO: 3 SUBMITTED BY: Mike Barrow, Assistant City Manager MEETING DATE: June 17,2025 STAFF REPORT DESCRIPTION Discussion and Possible Action regarding Authorizing Staff to bring an Engineering Task Order to City Council on July 1 for Assessment and Repairs of the Police Department. ANALYSIS For a number of years, the police department building has continued to have issues with the HVAC systems to the extent that various rooms have high humidity and rooms within the same temperature zones heat and cool inconsistently. Mold accumulation is common on walls in multiple places including, but not limited to, the training room and kitchen. Many mornings, the floors in various rooms are slippery from the humidity and condensation, and condensation has been known to drip from the ceiling tiles in the training room due to humidity. The building was initially designed to be 22,000 sqft, but the building ended up 10,000 sqft. Because of changes in building and room sizes and changes to wall locations from initial designs, it is unknown whether or not heating, cooling and return air load calculations for sizing equipment appropriately, internal heat gains, ductwork design, and thermostat placements were reconsidered appropriately, but there are obvious issues that have continued and caused damages to the building. I I toured the building with Captain Riske and Captain Hudson and you can feel the humidity differences in the rooms and you can feel the floors in different rooms with some floors being dry and some being wet from the humidity. It is not uncommon to come into the training room and wipe tables that are wet from condensation. Metal handles in the kitchen, training room and other rooms are rusting, paper jams are common in printers due to the humidity. Kilgore Services has performed work on the HVAC Systems at the fire department (Austin County Emergency Services District) and the police department buildings. The relevance is that both buildings were designed by PGAL, who are both architects and engineers, and constructed by Drymalla Construction Company, and both buildings were constructed at the same time. Walking through both buildings, the buildings' designs use the same methods of design and construction for HVAC and ventilation. The fire department has had similar issues but not to near the extent the police department has. Multiple air conditioning repar/mdintenance companies have looked at it and either couldn't identify the issue sufficiently to fix the problem or wanted payment to study the problem. A few months ago, talked to Ryan Tinsley with Strand about the issue and he said that they had similar issues at their new building (Strand's Offices in Brenham), and their staff were able to correct the issues. Below is directly from Strand Associates website for services they provide. As a full-service engineering firm, we offer the convenience of one firm for all facilities and information technology (IT) needs. This includes complete planning, design, renovation and restoration, construction-related, and administration services. Our experience includes single and multistory buildings, manufacturing facilities, bridges, and special structures. We have the capability to utilize computer modeling for a wide variety of building and industrial applications. Our building designs are prepared using Building Information Modeling (BIM), which improves coordination of building mechanical systems and the ability of designers to visualize the space. The BIM process allows tracking of sustainable construction practices during both design and construction administration. RECOMMENDATION Staff Recommends authorization for a Task order with Strand for this project at the July 1 City Council Meeting to provide the assessments needed and resolve the Police Department's HVAC issues and repair the damages. This project was identified in the 2025 COs list. The estimate dentified for both HVAC and repairs at the Police Department were $200,000 and $75,000. Item #4 TEXAS ABSTINUITDCE ArTate a PISSEISS BEAD AGENDA ITEM NO: H SUBMITTED BY: Patrick Parsons, Public Works Director MEETING DATE: June 17, 2025 STAFF REPORT DESCRIPTION Discussion and Possible Action regarding the Final acceptance of the 2023 Highway 36 Sanitary Sewer Extension project, including approval of Change Order No. 2 and Payment Application No. 8 (Final). ANALYSIS The original contract price is $940,895.00 dollars and this change order is $12,058.50 dollars which the new contract price is $937,231.50 dollars. Description of change order: Decrease the quantity of Bid Item No. 8 from 380 LF to 357 LF. Decrease the quantity of Bid Item No. 15 from 4650 LF to 4,627 LF. Decrease the quantity of Bid Item No. 20 from 1 lump sum to 0 lump sum. Add 244 days to final completion days making the new Final Completion date March 18, 2025. Total of Change order $12,058.50 RECOMMENDAION Staff Recommends to approve Change Order No.2 and Payment Application No. 8. FINANCIAL IMPACTS This will be paid for out of the 2022 Certificate of Obligations. SUMMARY SHEET APPLICATION FOR PAYMENT (Use with AP2 or AP3) OWNER: City of Sealy PROJECT: 2023 Highway 36 Sanitary Sewer Extension CONTRACTOR: Supak Construction, Inc. CONTRACT: 2-2019 FOR PERIOD ENDING: 4-1-25 PAYMENT APPLICATION DATE: 4-30-25 PAYMENT, APPLICATION: NO.: 88 & FINAL CONTRACT. AMOUNT ORIGINAL CONTRACT AMOUNT $ 940,895.00 PLUS: ADDITIONS TO CONTRACT $ 8,395.00 LESS: DEDUCTIONS FROM CONTRACT $ -12,058.50 ADJUSTED CONTRACT AMOUNT TO DATE $ $937,231.50 WORK PERFORMED COST OF WORK COMPLETED $ 937,231.50 PLUS MATERIALS STORED (ATTACH SCHEDULE) $ NET AMOUNT EARNED TO DATE $ LESS 937,231.50 AMOUNT OF RETAINAGE $. SUBTOTAL $ 937,231.50 LESS PREVIOUS PAYMENTS $ - 843,508.35 AMOUNT DUE THIS APPLICATION $ 93,723.15 CONTRACTOR's Cerlification: The underslgned CONTRACTOR certifles that: (1) all previous progress done under the Contract have been applied on account to payments received from OWNER on account ofWork connection with Work covered by prior Applications for discharge CONTRACTORS legitimate obligations incurred In sald Work or otherwise listed In or covered by this Application Payment; for (2) title of all Work, materlals and equipment Incorporated In clear ofLlens, security Interests ande encumbrances such Payment will pass to OWNER at time of payment free and OWNER against any such Liens, security Interest of (except encumbrances); as are covered byal Bond acceptable to OWNERI Indemnlfying Is In accordance with the Contract Documents and is not défective, and (3) all Work covered byt this Application for Payment Required lleni waivers attached, Dated SUPAK CONSTRUCTION, . MORGAN SUPAK gONTRACTOR Notary Public, State of Texas Comm. Expires 06-26-2026 By Notary! ID131620076 (Authorized Sighature) a By ARNOLD SUPAK th (Prini Wame) Sworn to and subscribed before me on the 29 day of A 2025 G1QON akoo (Notary Public In ànd-oftipe State ofTexas) Payment ofthe above, AMOUNT DUE THIS APPLICATION Ie approved by Payment of thelabove AMOUNT DUE THIS APPLICATION Is recommended by Dated Dated 5130/25 STRANDASSPC/ATES, INC.O By Ln - By MApL (Authorized Signature-OWNER) (Auhorizesipnglure) By (Print Name) By (Print Name) -: STRAND ASSOCIATES, INCS. 12/20 AP5 CONTRACTOR: SUPAK CONST., INC. ESTIMATE FOR PAYMENTI NO 8 & FINAL CITY OF SEALY Quantity DESCRIPTION PREV. THIS UNIT PLANNED EST. TO UNIT 1.) PROVIDE DUPLEX LIFT EST. DATE PRICE AMOUNT STATION 2.) 10" ASTM D-3034 SDR 26 LS 1 1 1 OPEN $4 427,195.00 CUTOTO 6' 427,195.00 $ 3.) 10" ASTM D-3034 SDR 26 LF 20 20 OPEN CUTE 6'TO: 12' 20 $ 567.50 $ LF 75 11,350.00 4.) 10" ASTM D-3034: SDR: 26 75 75 $ OPEN CUT GREAT THAN: 12' 127.50 $ 9,562.50 5.) 10" ASTM D-3034 SDR LF 90 90 BORE 26 BY 90 $ 142.50 $ 12,825.00 6.): 10" ASTM D-3034 SDR: 26 BY LF 135 135 BORE W16" WELDED STEEL 135 $ 187.50 $ 25,312.50 CASING LF 75 75 7.)8 8" ASTM D-3034 SDR: 26 75 $ 247.50 * OPEN CUT 6'1 TO: 12" $ 18,562.50 8.)8 8" ASTM LF 2875 2875 D-3034: SDR 26 2875 $ 67.50 OPEN CUT GREATER THAN 12" $ 194,062.50 9.) 8" ASTM D-3034 SDR LF 380 357 26 BY 357 $ 87.50 BORE VARIOUS DEPTHS $ 31,237.50 10.) 6" AWWA C900 DR: 18 LF 205 205 FORCE MAIN, OPEN CUT 205 $ 127.50 $ 26,137.50 VARIOUS DEPTHS 1055 11.) 6" AWWA C900 DR. 18 LF 1055 1055 60,662.50 FORCE MAIN, BY BORE VARIOUS $ 57.50 $ DEPTHS LF 50 50 12.)4FT DIA PRECASTI MH, OTO 50 $ 87.50 6' $ 4,375.00 13.) ADDITIONAL VERTICAL EA 14 14 DEPTHI IN FEET ABOVE GFT 14 $ 4,450.00 $ 62,300.00 STANDARDI MH DEPTH 14.) FURNISH ALL VLF 70.5 70.5 * AND MATERIALS EQUIPMENT 70.5 $ 300.00 TO MAKE 10" $ 21,150.00 TIE IN INTO EXISTING MH EA 1 1 15.) FURNISH ALL EQUIPMENT 1 $ 1,850.00 $ AND 1,850.00 MATERIALS TO PROVIDE TRENCH SAFETY FOR LINES GREATER THAN 5 FT DEEP LF 4650 4627 4627 $ 2.00 $ 9,254.00 CONTRACTOR:S SUPAK CONST., INC, ESTIMATE FOR PAYMENT NO 8 &FINAL CITY OF SEALY Quantity DESCRIPTION PREV. THIS TO UNIT UNIT PLANNED EST. EST. 16.) FURNISH ALL EQUIPMENT DATE PRICE AMOUNT AND MATERIALS TO PROVIDE EXCAVATION SAFETY FOR PROPOSED LIFT STATION WET WELL LS 1 1 17.) PROVIDE SITE 1 $ 2,750.00 $ 2,750.00 RESTORATION, SEEDING, CLEANUP AND EROSION CONTROL 1 1 3,250.00 LS 1 18.) PERFORM CONSTRUCTION $ 3,250.00 $ MATERIALS TESTING IN ACCORDANCEV w/ DIISIONS 03, 31 AND3 32 LS 1 1 1 1,250.00 19.) FURNISH ALL EQUIPMENT $ 1,250.00 $ AND MATERIALS TO PROVIDE TRAFFIC CONTROL LS 1 1 1 $ 5,750.00 $ 5,750.00 20.) CASH ALLOWANCE FOR ELECTRICAL SERVICE LA 1 CHANGE ORDER NO.1 $ 10,000.00 $ 1A.) RELOCATE THE WATER MAIN TO AVOID CONFLICTV w/ GRAVITYS SEWER INSTALLATION LS. 1 1 1 $ 8,395.00 $ 8,395.00 Strand Associates, Inc.e 1906 Niebuhr Street Brenham, TX 77833 STRAND (P)s 979.836.7937 www.strand.com ASSOCIATES Ecellarce in Engineennge" May 29, 2025 CHANGE ORDER: NO. 2 PROJECT: 2023 Highway 36 Sanitary Sewer Extension OWNER: City of Sealy, Texas CONTRACT: 2-2019 CONTRACTOR: Supak Construction, Inc. Description of Change 2a Decrease the quantity of Bid Item No. 8 from 380 linear feet (LF) to 357 LF (unit price of $87.50 per LF). (DEDUCT) ($2,012.50) 2b Decrease the quantity of Bid Item No. 15 from 4,650 LF to 4,6271 LF (unit price of$2.00 per LF). (DEDUCT) ($46.00) 2c Decrease the quantity of Bid Item No. 20 from 1 lump sum (LS) to OLS. (DEDUCT) ($10,000.00) 2d Add 244 days to the Final Completion date making the new ADD Final Completion date March 18, 2025 $0.00 TOTAL VALUB OF THIS CHANGE ORDER: (DEDUCT) ($12,058.50) Contract Price Adjustment Original Contract Price Previous Change Order Adjustments $940,895.00 Adjustment in Contract Price this Change Order $8,395.00 Current Contract Price including this Change Order ($12,058.50) $937,231.50 Contract Substantial Completion Date Adjustment Original Contract Substantial Completion Date Contract Substantial Completion Date Adjustments due to July 10, 2024 Contract Substantial previous Change Orders 71 Completion Date. Adjustments due to this Order Days Current Substantial Contract Completion Dates Change 244 Days including all Change Orders March 18, 2025 TBPE No. F-8405 - Order 2co1 No. 2.docx TBPLS No. 10030000 Arizona lilinois Indiana I lowa I Kentucky Ohio Tennessee Texas - Wisconsin Strand Associates, Inc.e City of Sealy-Supak Construction, Inc. Contract 2-2019, Change Order) No. 2 Page 2 May 29, 2025 This document shall become a supplement to the Contract and all provisions will apply hereto. RECOMMENDED MAwll ENGINEER-Strand Associates, Inc. e May 29, 2025 Date APPROVED - CONTRACTOR-SuPak Çonstruction, Inc. 5-29-25 Date APPROVED OWNER-City of Sealy, Texas Date - Order 2CO1 No. Zdocx www.strand.com CONSENT OF OWNER D ARCHITECT D SURETY COMPANY CONTRACTOR 0 TO FINAL PAYMENT SURETY D OTHER AIA DOCUMENT G707 Bond No. 58S215247 PROJECT: ÇITY OF SEALY 2023 HWY 36 SANITARY SEWER (name, address) EXTENSIONS TO (Owner) ARCHITECT'S PROJECT NO: City of Sealy 415 Main St. Sealy, TX 77474 CONTRACT DATE: CONTRACTOR: Supak Construction, Inc. 512 Missouri Street/P.O. Box 325 Orchard, TX 77464 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address ols Surely Company) Liberty Mutual Insurance Company 175 Berkeley Street, Boston, MA 02116 SURETY ÇOMPANY, on bond of (here insert name end address of Contractor) Supak Construction, Inc. 512 Missouri Street/P.O. Box 325 Orchard, TX 77464 CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shal not relieve the Surety Company of any of its obligations to (here Insert name ande eddress ol Owner) City of Sealy 415 Main St. Sealy, TX 77474 OWNERS, as set forth in the said Surety Company's bond. INWITNESS WHEREOF, the Surety Company has hereunto set its hand this 29th day of May, 2025 Liberty Mutual Insurance Company Surety Company 1912 < OonexiPown KGN Signature of Authorized Representative Attest: Mie (Seal): Michael Maddux Hanna Liebisch, Attorney-in-Fact Tille NOTE: This form is 1o be usod as a companion document to AIA DOCUMENT G706, CONTRACTORS. AFFIDAVIT OF PAYMENT OF DEBTS ANO CLAIMS, Curont Edition AIA DOCUMENT G707 CONSENT OF SURETY COMPANY TOFINAL PAYMENT APRIL 1970 EDITION AIAB ONE PAGE 01 1970-1 THE AMERIÇANI INSTITUTE OF ARCHITECT6. 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006 Liberty, POWER OF ATTORNEY Mutual. Liberty Mutual Insurance Company SURETY The Ohlo Casualty Insurance Company West American Insurance Company KNOWN ALL PERSONS BY1 THESER PRESENTS: Thel The Ohio Casuelly! Insurance Compeny is a corporation duly organized undor hel laws ofthe Stale ol Now Hampshire, hat Lberly Mukual Insurance Company is a corporalion dly orpanized under the laws of the Slalo d Massechusetis, and Wos! Amorican ksurance Compeny is 8 corporakon duly organizedu undert the lows othe Slale ol ndiena (hereino collecively calledt the' Comparks).pusuent los endbys auhorify! herein sel Korh, does hersbyneme, consitule and appoini Hannal Lebisch al ol he dly d. Housion slale d, TX iks! true and lawiu stiomeyin-lac, wih Nui power and authority! heroty confered lo sign exeouter and acknowedge het following surely bonds, undertatings. recognizances, contracts ofindomnity, ande al olher suroly obigabons relaledt herelo, hee eneculione of which shall bel binding upon he Compenies asii ikhed! been duly signed ande execuledt byi is ownH olicers: Principal Neme: Supak Construction. Ins Obligee Name: City of Soaly Survty Bond Mumber: 585215247 Bond Amount:. See BondFom NWITNESS WHEREOF, hisPowero olAliomey! hest beens subscribedby: ani auhorizedoficert or oflicial ofthe Companies andi he corporales seals sofhe Companies! have been alfoced therelot this, 29th day ol May 2025 Uberty Muall Insurance Company N The Ohio Casually Insurance Company West Americank Insurance Company 1912 1919 1991 o - A COIABP By: SML * V . Nahan J. Zangorle, Assistant Secretary STATEOF PENNSYLVANIA sS COUNTY OF MONTGOMERY Ont his 29th dayo ol. May 2025, bekorer me personaly appeeredN NalhanJ. Zangore, who acknowiedpedhimoell lot bel the Assistani Secretary ofL Libery Mutual insurance Company. The Ohioc Casually Company, andWest American Insurance Company, mdhnaiM.ssaA.raees. sot lodo, execule het foregoingi instrument for the purposes therein conlainedbys sgning ont behalfo oll Ihe corporationst byl himselis as a duly authorizede olfoer. NI WITNESSI WHEREOF, Ihave! hereunto subscribed my name and afived myr notarial seal all PlymouhMeeting. Pennsyvania, ont the days andy year frst above wrilen SA PASI C y Commorwsalh dPemtania. -Notary Seal Teresal Pasials Notary Public OF Monigomery County Prew hatillo Myconniesione epirs March? 28, 2029 By: DAm Commisionnumber 1126044 Teresal Paslola, NotaryPubic Marbe, Peneybania Amsocistonol Notares This Power ol Allomey ist made ande execuled, pursuantloa andbys auharity of thel folowing! By -laws andA Authorizalions of The Ohio Casually Insurance Company, Liberly Mubual Insurance Company, andy West American Insurance Companywhichn resoitions arer nowi int N force and eflectreedings as folows: a ARTICLET N-C OFFICERS: Section 12. Power ol Allomey. Any olicer ar olher oficial ol the Corporaton suhorized fort thal purpose in writing by the Chairman or the President, and subject lo such lritabon as the Cheirman or the Presidentn may prescrbe, shall appoints sucha atomeys-in-lact, as may! benecessarylos edinbeha/olhe Corporation! loi make, execule. seal, adnowledge anddelver as surely anya and al undertakings. bonds, recognizanoes and other suroly obigations. Such atiomeys-h-lac, subjecti lo the lmitalions set forth in their respective powers d altomey, shal have N power rlobindthe Corporation! by heir signature ande execution ol Tanysuchi instruments andi lo allach therelot thes soel ol the Corporation. When 30€ execuled such instruments shal be as bindinga asi isignedby the Presidenla andi allesled lobyt the Secrolary. Any power or suhorily granledi lo any represenlative or atlomey-in fac under the provisions d this arlide mey be revckeds al any! time byt the Board, the Chairman, thel Presidento or byt the ofboer or oficers grankng such powor or authority ARTICLE x -Execution of Contracts: Section5. Surely Bonds andl Undertakings. Any oflioer dfthe Company auhorizedk for thal purposei inv wrifingbyt the chaimmanort hep president, andsubjecti to such! lmtations as the chaimanor the president may prescnbe, shal appoint such atiomeys-inlac, as may ber necessarylos adinbehalf olthe Companyk lomako, execule, seal, adnowiedgo and doliver as surely any and al lundertakings, bonds, recognizances andolher surelyo obigations. Such stiomeysinlad, sbjectiothel imtationss sel lorth int their respecive powers ol allomey. shalll have lul power lot bind the Companyt by their signalure ande executiono of any such instruments and lo attach therelo thes seal of the Company. When: s0 execuled: such instruments shall be as bindrg asi isipnedby he president and allesledby the secretary. Certificete ol Designation The President ol the Company, acting pursuanl lot the Bylews of the Company, authorizes Nathan, J. Zangere, Assistant Secretary lo appont such aliomeysintact: as may! ber neoessary! loado lon bohal ofthe Companyk lon make, oxecule, seal, ackrowlodge anddolver as surolys any anda all undertakings, bonds, recognizences and other surelyo obigations. Authorization Byunanimous consent dt the Company's Board ol Diredors, the Company consents thal facsimie or mechanically reproduoed signabre ol any assistant secretary ofthe Company, wherever appeering ypons a certied copy ol any power ol allomey issued by the Company in connecion with surely bonds, shal be valid and bindng upon lhe Company, wihi the samet force andellede as though manualy alixed ,Rence C. Lowollyn, the undersigned, Assistant Secrotary, olliberty Muual Insurance Company, The Ohio Cagualilyi ingwannçanpapy. andWost American Insurance Company dohereby cerfy thal this power de eliomeye execuledb by said Companiesi isi inf N force ande efled andhas noll berirovpked T TESTIMONY WHEREOF, havet horounto set my hand and alfved he soals of said Companios his 29th, dayot *, May 2025 A INGU A W 1912 1919 1991 lnici 6 By. HI fenee kchn. ApsplnSecelay vt . UAK. OCK. WAK SwePath,012025 Liberty, Mutual. SURETY TEXAS TEXAS IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call toll-free for information or to Usted puede llamar al numero de telefono gratis make a complaint at para informacion 0 para someter una queja al 1-877-751-2640 1-877-751-2640 You may also write to: Usted tambien puede escribir a: 2200 Renaissance Blvd., Ste. 400 2200 Renaissance Blvd., Ste. 400 King ofPrussia, PA 19406-2755 King of Prussia, PA 19406-2755 You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion coverages, rights or complaints at acerca de companias, coberturas, derechos o 1-800-252-3439 quejas al 1-800-252-3439 You may write the Texas Department ofInsurance Puede escribir al Departamento de Seguros Consumer Protection (111-1A) de Texas Consumer Protection (111-1A) P. O. Box 149091 P. O. Box 149091 Austin, TX 78714-9091 Austin, TX 78714-9091 FAX: (512) 490-1007 FAX # (512) 490-1007 Web: htpwwy.dltexasgoy Web: htpllnwiditxasgoy E-mail: Consumer'rotection@tdi.texas.gov E-mail: Cmmmshastindiismsen PREMIOM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you haye a dispute concerning your Si tiena una disputa concemiente a su prima o a premium or about a claim you should first un reclamo, debe comunicarse con el agente o contact the agent or call 1-800-843-6446. primero. Si no se resuelve la disputa, puede Ifthe dispute is not resolved, you may contact the entonces comunicarse con el departamento (TDI) Texas Department ofInsurance. ATTACH THIS NOTICE TO YOUR UNA ESTE AVISO A SU POLIZA: POLICY: This notice is for information only and does not Este aviso es solo para proposito de informacion become a part or condition of the attached y no se convierte en parte 0 condicion del document, documento adjunto. NP 01 IMS-15292 10/15 AFFIDAVIT OF PAYMENT OF DEBT AND CLAIMS STATE OF TEXAS: COUNTY OF FORT BEND Personally, before me the undersigned authority, on this day ARNOLD SUPAK appeared who being duly swor, on oath, says that he is the legal representative of SUPAK CONSTRUCTION, INC, for and that the contract construction of the project, designated as the 2023 HWY 36 SANITARY SEWER EXTENSION CONTRACT has been completed in accordance with the Plans and Specifications and Contract Documents and that all bill for materials, fixtures, machinery, and labor used in apparatus, connection with the construction of this have, to the best of his project knowledge, been paid. ARNOLD SUPAK - BY: ADK8 Contractor's Representative SWORN TO AND SUBSCRIBED BEFORE ME: this theB"h day oApril,soas MORGAN SUPAK Notary Public, State of Texas Comm. Expires08-26-2026 NotarylD131620076 Notary Public Mongpndpak My commisslon expires 6-a6-202 6 Strand Associates, Inc. e 1906 Niebuhr Street Brenham, TX77833 STRAND (P)979.836.7937 ASSOCIATES www.strand.com Excellerceii in Engineennget May 29,2025 CHANGE ORDER NO. 2 PROJECT: 2023 Highway 36 Sanitary Sewer Extension OWNER: City of Sealy, Texas CONTRACT: 2-2019 CONTRACTOR: Supak Construction, Inc. Description of Change 2a Decrease the quantity of Bid Item No. 8 from 380 linear feet (LF) to 357 LF (unit price of $87.50 perLF). (DEDUCT) ($2,012.50) 2b Decrease the quantity of Bid Item No. 15 from 4,650 LF to 4,627) LF (unit price of$2.00 per LF). (DEDUCT) ($46.00) 2c Decrease the quantity of Bid Item No. 20 from 1 lump sum (LS) to OI LS. (DEDUCT) ($10,000.00) 2d Add 244 days to the Final Completion date Final Completion date March 18, 2025 making the new ADD $0.00 TOTAL VALUB OF THIS CHANGE ORDER: (DEDUCT) ($12,058.50) Contract Price Adjustment Original Contract Price Previous Change Order. Adjustments $940,895.00 Adjustment in Contract Price this Change Order $8,395.00 Current Contract Price including this Change Order ($12,058.50) $937,231.50 Contract Substantial Completion Date. Adjustment Original Contract Substantial Completion Date Contract Substantial Completion Date Adjustments due to July 10, 2024 Contract Substantial previous Change Orders 71 Completion Date Adjustments due to this Change Order Days Current Substantial Contract Completion Dates including all 244 Days Change Orders March 18, 2025 MPARA-KELWEUMAPARENC TBPE: No. F-8405 Kc-wNwo.wd.we Order zcO1 No. 2.docx TBPLS No. 10030000 Arizona llinois I Indiana lowa I I Kentucky I Ohio 1 Tennessee - I Texas Wisconsin Strand Associates, Inc.o City ofSealy-Supak Construction, Inc. Contract 2-2019, Change Order No. 2 Page 2 May 29, 2025 This document shall become a supplement to the Contract and all provisions will apply hereto. RECOMMENDED MMAwllw ENGINEER-Strand Associates, Inc. @ May 29.2025 Date APPROVED CONTRACTOR-SuPak Çohstruction, Inc. 5-29-25 Date APPROVED OWNER-City ofSealy, Texas Date BEFMARC-ASUBREURD3PA sodwawve Order 21C07 No. 2docx www.strand.com Strand Associates, Inc.0 a 1906 Niebuhr Street Brenham, TX 77833 (P) 979.836.7937 STRAND www.strand.com ASSOCIATES Excellence in Engineering" April 2, 2025 Ms. Kimbra Hill, City Manager Mr. Arnold Supak, President City of Sealy Supak Construction, Inc. 405 Main Street 512 Missouri Street Sealy, TX 77474 Orchard, TX 77464 Re: 2023 Highway 36 Sanitary Sewer Extension Contract 2-2019 City of Sealy, Texas Dear Ms. Hill and Mr. Supak: In accordance with Article 15.03 of the General Conditions, this letter is a Final Certificate of Substantial Completion for Contract 2-2019. This certificate includes by reference the Preliminary Certificate of Substantial Completion dated March 21, 2025, and the punch List of Items to be Completed or Corrected that was enclosed with that certificate. The Preliminary Certificate of Substantial Completion fixed the Substantial Completion date at March 18, 2025. Please call 979-836-7937 ifthere are any questions. Sincerely, STRAND ASSOCLATES, INC. @ MWwllys - - M Molly K. Goff,P.E. Enclosures clenc: Matt Yentz, Strand Associates, Inc. TBPE No. F-8405 TBPLS No. 10030000 nSOAA.EaSaw swiah-aas-,Cyatbuoa3SADTO9S pacif mlasfniCaiasafsusuCmpop.msaxe Arizona I - Illinois I Indiana lowa Kentucky I Ohio Tennessee Texas - Wisconsin Strand Associates, Inc.0 - - 1906 Niebuhr Street Brenham, TX7 77833 (P) 979.836.7937 STRAND www.strand.com ASSOCIATES' Excellonce ini Engineeriag" March 21, 2025 Ms. Kimbra Hill, City Manager City of Sealy 405 Main Street Sealy, TX 77474 Re: 2023 Highway 36 Sanitary Sewer Extension Contract 2-2019 City of Sealy, Texas Dear Ms. Hill: In accordance with Article 15.03 of the General Conditions, the above-referenced project was inspected on March 18, 2025. Based on this inspection, we have included in this preliminary certificate a date of March 18, 2025, for Substantial Completion of the project. A punch List of Items to be Completed or Corrected, which were noted during this inspection, is enclosed. In accordance with Article 15.03 of the General Conditions, at the time of delivery of the Preliminary Certificate of Substantial Completion, ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance, and warranties. It is our recommendation that all the requirements of the Contract Documents be followed as to division of responsibilities between OWNER and CONTRACTOR, and it is not our intent to change any of these requirements through the following recommendations. Contract Bonds and Insurance requirements are included in Article 6 of the General Conditions and Supplementary Conditions. As specified in Article 6.01 of the General Conditions, the Performance and Payment Bonds shall remain in effect at least until 1 year after the date when final payment becomes due. As specified in Article 6.03 of the General Conditions and Supplemental General Conditions, CONTRACTOR shall continue to provide Contractor's Liability Insurance for the complete project until final payment is made and during correction period when CONTRACTOR is completing its Contract obligations and include completed operations coverage for a period of 3 years after final payment, As specified in Article 6.04 of the General Conditions and Supplementary Conditions, CONTRACTOR shall continue to provide property insurance for the complete project until final payment is made. Concerning the property insurance for those areas included in partial utilization, CONTRACTOR shall provide written acknowledgement that partial utilization will take place and insurance coverage remains in effect. TBPE No. F-8405 TBPLS No. 10030000 ANSIGAuOAABNEDaNscnSMNADSANONeNomwasaaiaaneyOMMMEMAMHCPAMIniasaGwymIsaas Arizona lllinois Indiana lowa Kentucky Ohio Tennessee Texas I Wisconsin Strand Associates, Inc.0 Ms. Kimbra Hill, City Manager City of Sealy Page 2 March 21, 2025 Concerning site security, we recommend that OWNER be responsible for overall security of the site. OWNER shall allow CONTRACTOR reasonable access to complete work. Concerning operation and maintenance, we recommend that OWNER be responsible for operation and routine maintenance ofthe facilities. In the case ofequipment, OWNER shall be responsible for operation and routine maintenance from the date of Substantial Completion. Concerning safety, we recommend that OWNER be responsible for safety ofits work and operations and that CONTRACTOR be responsible for its work and operations. Occupational Safety and Health Act of 1970 and other federal and state requirements apply to both parties. Concerning heat and utilities, OWNER shall provide all heat and utilities from the date of Substantial Completion. Contract correction period is included in Article 15.08 of the General Conditions and Supplementary Conditions. Beneficial occupancy or use by OWNER does not constitute acceptance. Please note that, in accordance with Article 15.03, OWNER has 7 days after receipt of this Preliminary Certificate ofSubstantial Completion during which to make written objection to ENGINEER as to any provisions of the certificate or list of work remaining. Please call 979-836-7937 if there are any questions. Sincerely, STRAND ASSOCIATES, INC. & MWwllg Molly K. Goff,P.E. Enclosure clenc: Arnold Supak, President, Supak Construction, Inc. Matt Yentz, Strand Associates, Inc. @ AUMJIGAMXGARERED psaansaAGAdMwsTeNSaonian CatificateofS: ub bs CwMaymMeAs www.strand.com List of Items to be Completed or Corrected 2023 Highway 36 Sanitary Sewer Extension Contract 2-2019 SAT City of Sealy, Texas STRAND ASSOCIATES Excellence ink Enginsering: Original List Date: March 18, 2025 Updated List Date: A. Administrative 1. Submit the Contractor's Affidavit of Payment of Debt and Claims to Engineer. 2. Submit the Consent of Surety to Final Payment to Engineer. 3. Provide the final pay application to Engineer. 4. Provide the Record Drawings to Engineer. 5. Provide the warranties and operation and maintenance manuals for the installed equipment within the project area in electronic format. B. Lift Station 1. Address the programing issue with the programmable logic controller inside the control panel. C. Gravity Sewer 1. Raise the interior flowline of"MH-FM 1" to prevent the manhole from holding water. c: Matt Yentz, Strand Associates, Inc. @ GAM cds:BF K: SCmanwtnelamsolmpialsmaNitisax Item #5 CEXAS ARSTINO C EnLCCE ATETILE er PIGEISS BEAL AGENDA ITEM NO: 5 SUBMIITED BY: Patrick Parsons, Public Works Director MEETING DATE: June 17, 2025 STAFF REPORT DESCRIPTION Discussion and Possible Action regarding Strand Task order 25-04 Seventh Street Water Line and Roadway Improvements. ANALYSIS Project Description: Replace approximately 1,500 linear feet of existing water main with six- inch polyvinyl chloride (PVC) water main and related appurtenances and reconstruct approximately 4,850 square yards of Seventh Street from West Street to Hardeman Street. The reconstruction is anticipated to include installation of cement stabilization of the existing base material and application of hot mix asphaltic surface. RECOMMENDATION Staff Recommends to approve the Task order for Seventh street Water line and Roadway improvements. FINANCIAL IMPACTS $814,000 Project and $50,000 Engineering and GEO Environmental. This will use the remaining oalance of 2022 Certificate of Obligation. Strand Associates, Inc.o 1906 Niebuhr Street Brenham, TX 77833 (P)9 979.836.7937 www.strand.com STRAND ASSOCIATES ExcellencemE Engneenng" Task Order No. 25-04 City of Sealy, Texas (OWNER) and Strand Associates, Inc. @ (ENGINEER) Pursuant to Agreement for Technical Services dated September 17, 2018 Project Information Project Name: Seventh Street Water Line and Roadway Improvements Project Description: Replace approximately 1,500 linear feet of existing water main with six-inch polyvinyl chloride (PVC) water main and related appurtenances and reconstruct approximately 4,850 square yards of Seventh Street from West Street to Hardeman Street. The reconstruction is anticipated to include installation of cement stabilization ofthe existing base material and application of hot mix asphaltic surface. Services Description: Provide design, bidding-, and construction-related services. Scope of Services ENGINEER will provide the following services to OWNER. Design Services 1. Attend a kickoff meeting with OWNER to review project scope. 2. Perform a geotechnical investigation and prepare a geotechnical report for the project. The geotechnical report will evaluate the existing subsurface soil conditions and provide recommendations including pavement design. Up to four soil borings at a depth of 15 feet are anticipated. 3. Develop and submit 90 percent design drawings including title sheet, index sheet, plan sheets, and standard detail sheets (in accordance with OWNER standards); technical specifications; bid form; and an opinion of probable construction cost to review with OWNER. Attend one design review meeting with OWNER and incorporate feedback, as appropriate. 4. Prepare one set of Bidding Documents using Engineers Joint Contract Documents Committee C-700 Standard General Conditions of the Construction Contract, 2018 edition, technical specifications, and engineering drawings. 5. Prepare and submit a Texas Commission on Environmental Quality permit. Bidding-Related Services 1. Distribute one set of Bidding Documents electronically through CivCast, available at www.ciycastsa.com. Submit Advertisement to Bid to OWNER's newspaper of choice for publishing. OWNER shall pay newspaper directly for publishing. TBPE! No. F-8405 TBPLS No. 10030000 HFAMKUKEDANaAyeNACP-CANANRIOXDVRIRISeIaNx Arizona llinois Indiana lowa Kentucky I Ohio Tennessee Texas Wisconsin Strand Associates, Inc.9 City of Sealy, Texas Task Order No. 25-04 Page 2 June 9, 2025 2. Answer questions during bidding and prepare addenda, if necessary. 3. Attend bid opening, tabulate and analyze bid results, and assist OWNER in the award of the Construction Contract. 4. Prepare two sets of Contract Documents for signature. Construction-Related Services 1. Provide contract administration services including attendance at a preconstruction conference, review of contractor's shop drawing submittals, review of contractor's periodic pay requests, attendance at up to three construction progress meetings, up to three site visits, and participation in project closeout. Services are based on a 90-day construction schedule. 2. Provide record drawings in electroniç format from information compiled from the contractor's records. ENGINEER is providing drafting Services only for record drawings based on the records presented to ENGINEER by contractor and OWNER. ENGINEER will not be liable for the accuracy ofthe record drawings information provided by contractor and OWNER. Compensation OWNER shall compensate ENGINEER for Services under this Task Order a lump sum of $50,000. Schedule Services will begin upon execution of this Task Order, which is anticipated the week of. June 16, 2025. Services are scheduled for completion on June 30, 2026. TASK ORDER AUTHORIZATION AND ACCEPTANCE: ENGINEER: OWNER: STRAND ASSOCIATES, INC. @ CITY OF EAB OR DRAFT DRAFURE Joseph M. Bunker Date 0 ilski Date Corporate Secretary Mayor BEFs-mRIBREDutssgnesSSaN,yef@X,SA2IA20157020.0903092: 5-04. dex www.strand.com Item #6 Item #7 EXAS ARSTIGED ICLCE ArTaE er MISEISS BEAL AGENDA ITEM NO: 7 Discussion and possible action regarding approving a contract with BrooksWatson and Co., PLLC for Audit Services. SUBMITTED BY: Jennifer Matura, Finance Director MEETING DATE: June 17+h, 2025 STAFF REPORT SUMMARY At the May 6, 2025, City Council meeting, the City Council directed staff to proceed with executing a contract with the audit firm BrooksWatson & Co., PLLC for professional audit services. ANALYSIS The proposed engagement letter was reviewed by the City Attorney. Based on his legal review, revisions were made to the engagement letter to address any concerns. The engagement letter outlines the scope of audit services to be performed, fees, responsibilities of both parties, and the general terms of the agreement. This engagement is for a three-year period, covering Fiscal Years ending September 30, 2025, September 30, 2026, and September 30, 2027. FINANCIAL IMPACT Audit for each fiscal year will be built into the corresponding budgets with a portion paid by the General Fund, Enterprise Funds, and EDC each year. The pricing for Fiscal Years 2025 through 2027 is summarized below: FY 2025 FY 2026 FY 2027 Partners $13,125 $13,125 $13,125 Supervisory Staff $16,560 $16,560 $16,560 Staff $10,350 $10,350 $10,350 Discount ($6,535) ($5,535) ($4,500) Total all-inclusive maximum price $33,500 $34,500 $35,535 RECOMMENDATION Staff recommends that City Council approve the conract/engogement letter with BrooksWatson & Co., PLLC for audit services for the Fiscal Years ending 2025, 2026, and 2027. BW&C BROOKSWAISON & CO. CERTIFIED PUBLIC ACCOUNTANTS June 10, 2025 City of Sealy, Texas 415 Main Street Sealy, Texas, 77474-0517 The following represents our understanding of the services we will provide the City of Sealy, Texas. You have requested that we audit the financial statements of the governmental activities, the business-type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information of the City of Sealy, Texas, as of September 30, 2025 through September 30, 2027, and for the years then ended and the related notes to the financial statements, which collectively comprise the City of Sealy, Texas's basic financial statements as listed in the table of contents. We are pleased to confirm our acceptance and our understanding of this audit engagement by means of this letter. Our audit will be conducted with the objective of our expressing an opinion on each opinion unit. Accounting principles generally accepted in the United States of America require that the management's discussion and analysis, pension information, and budgetary comparison information be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the required supplementary information (RSI) in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist primarily of inquiries of management regarding their methods of measurement and presentation, and comparing the information for consistency with management's responses to our inquiries. We will not express an opinion or provide any form of assurance on the RSI. The following RSI is required by accounting principles generally accepted in the United States of America. This RSI will be subjected to certain limited procedures but will not be audited: 1) Management's discussion and analysis 2) Budgetary Comparison Information 3) Pension and OPEB schedules 14950 Heathrow Forest Pkwy I Suite 530 I Houston, TX 77032 I Tel: 281.907.8788 Fax: 888.875.0587 I wwwBrolksw.asonCacom City ot Sealy Engagement Letter Page 2 of 9 Supplementary information other than RSI will accompany the City of Sealy, Texas's basic financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the basic financial statements and perform certain additional procedures, including comparing and reconciling the supplementary information to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and additional procedures in accordance with auditing standards generally accepted in the United States of America. We intend to provide an opinion on the following supplementary information in relation to the financial statements as a whole: 1) Individual nonmajor fund financial statements and schedules 2) Combining statements Also, the document we submit to you will include the following other additional information that will not be subject to the auditing procedures applied in our audit of the financial statements: 1) Introductory section 2) Statistical section Auditor Responsibilities We will conduct our audit in accordance with GAAS . As part of an audit in accordance with GAAS, we exercise protessional judgment and maintain professional skepticism throughout the audit. We also: Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, design and perform audit procedures responsive to those risks, and obtain audit evidence that is sufficient and appropriate to provide a basis for our opinion. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, mistepresentations, or the override of controls. Obtain an understanding of the system of internal control in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. However, we will communicate to you in writing concerning any significant deficiencies or material weaknesses in internal control relevant to the audit of the financial statements that we have identified during the audit. Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements, 2 City ot Sealy Engagement Letter Page 3 of 9 including the disclosures, and whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. Conclude, based on the audit evidence obtained, whether there are conditions or events, considered in the aggregate, that raise substantial doubt about City of Sealy, Texas's ability to continue as a going concern for a reasonable period of time. Because of the inherent limitations of an audit, together with the inherent limitations of internal control, an unavoidable risk that some material misstatements may not be detected exists, even though the audit is properly planned and performed in accordance with GAAS. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any other periods. Compliance with Laws and Regulations As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City of Sealy, Texas's compliance with the provisions of applicable laws, regulations, contracts, and agreements. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion. Management Responsibilities Our audit will be conducted on the basis that management and those charged with governance acknowledge and understand that they have responsibility: 1. For the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America; 2. For the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of tinancial statements that are free from material misstatement, whether due to error, fraudulent financial reporting, misappropriation of assets, or violations of laws, governmental regulations, grant agreements, or contractual agreements; and 3 City ot Sealy Engagement Letter Page 4 of 9 3. To provide us with: i. Access to all information of which management is aware that is relevant to the preparation and fair presentation of the financial statements such as records, documentation, and other matters; ii. Additional information that we may request from management for the purpose of the audit; and iii. Unrestricted access to persons within the entity from whom we determine it necessary to obtain audit evidence. 4. For including the auditor's report in any document containing financial statements that indicates that such financial statements have been audited by the entity's auditor; 5. For identifying and ensuring that the entity complies with the laws and regulations applicable to its activities; and 6. For adjusting the financial statements to correct material misstatements and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the current year period(s) under audit are immaterial, both individually and in the aggregate, to the financial statements as a whole. With regard to the supplementary information referred to above, you acknowledge and understand your responsibility: (a) for the preparation of the supplementary information in accordance with the applicable criteria; (b) to provide us with the appropriate written representations regarding supplementary information; (c) to include our report on the supplementary information in any document that contains the supplementary information and that indicates that we have reported on such supplementary information; and (d) to present the supplementary information with the audited financial statements, or if the supplementary information will not be presented with the audited financial statements, to make the audited financial statements readily available to the intended users of the supplementary information no later than the date of issuance by you of the supplementary information and our report thereon. As part of our audit process, we will request from management and those charged with governance, written confirmation concerning representations made to us in connection with the audit. Nonattest Services With respect to any nonattest services we perform, At the end of the year, we agree to perform the following: Propose adjusting or correcting journal entries to be reviewed and approved by City of Sealy, Texas's management. Prepare the City's Annual Comprehensive Financial Report. 4 City of Sealy Engagement Letter Page 5 of9 We will not assume management responsibilities on behalf of City of Sealy, Texas. However, we will provide advice and recommendations to assist management of City of Sealy, Texas in performing its responsibilities. City of Sealy, Texas's management is responsible for (a) making all management decisions and performing all management functions; (b) assigning a competent individual to oversee the services; (c) evaluating the adequacy of the services performed; (d) evaluating and accepting responsibility for the results of the services performed; and (e) designing, implementing, and maintaining the system of internal control, including the process used to monitoring the system ofi internal control. Our responsibilities and limitations of the nonattest services are as follows: We will perform the services in accordance with applicable professional standards, including the AICPA. The nonattest services are limited to the services previously outlined. Our firm, in its sole professional judgment, reserves the right to refuse to do any procedure or take any action that could be construed as making management decisions or assuming management responsibilities, including determining account coding and approving journal entries. Our firm will advise City of Sealy, Texas but the City of Sealy, Texas, must make all decisions with regard to those matters. 5 City ot Sealy Engagement Letter Page 6 of 9 Reporting We will issue a written report upon completion of our audit of the City of Sealy, Texas's basic financial statements. Our report will be addressed to the governing body of the City of Sealy, Texas. Circumstances may arise in which our report may differ from its expected form and content based on the results of our audit. Depending on the nature of these circumstances, it may be necessary for us to modify our opinions, add an emphasis-of-matter or other-matter paragraph(s) to our auditor's report, or if necessary, withdraw from the engagement. If our opinions on the basic financial statements are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement. Other We understand that your employees will prepare all confirmations we request and will locate any documents or support for any other transactions we select for testing. If you intend to publish or otherwise reproduce the financial statements and make reference to our firm, you agree to utilize the final version of your audited financial statements as provided to you by our firm. Provisions of Engagement Administration, Timing and Fees During the course of the engagement, we may communicate with you or your personnel via fax or e-mail, and you should be aware that communication in those mediums contains a risk of misdirected or intercepted communications. The timing of our audit will be scheduled for performance and completion as follows: Begin Complete Aug 31st Document internal control and preliminary tests Observe physical inventories (if necessary) n/a October 1st Mail confirmations Perform year-end audit procedures December/anuary February/March Issue audit report 6 City ot Sealy Engagement Letter Page 7 of 9 Mike Brooks is the engagement partner for the audit services specified in this letter. His responsibilities include supervising BrooksWatson & Co., PLLC's services performed as part of this engagement and signing or authorizing another qualified firm representative to sign the audit report. Our fees for the financial statement audits are all inclusive as follows: Fiscal Year Financial Statement Audit 2025 $33,500 2026 $34,500 2027 $35,535 We will notify you immediately of any circumstances we encounter that could significantly affect this initial fee estimate. Whenever possible, we will attempt to use the City of Sealy, Texas's personnel to assist in the preparation of schedules and analyses of accounts. This effort could substantially reduce our time requirements and facilitate the timely conclusion of the audit. The invoice shall be rendered monthly based upon actual hours billed during the invoice period. We will notify you immediately of any circumstances we encounter that could significantly affect this initial fee estimate. In addition, we will work with you to identify any federal awards that might meet the criteria for an (OMB) Uniform Guidance audit. Other Matters During the course of the audit we may observe opportunities for economy in, or improved controls over, your operations. We will bring such matters to the attention of the appropriate level of management, either orally or in writing. We agree to retain our audit documentation or work papers for a period of at least five years from the date of our report. At the conclusion of our audit engagement, we will communicate to those charged with governance the following significant findings from the audit: Our view about the qualitative aspects of the entity's significant accounting practices; Significant difficulties, if any, encountered during the audit; Uncorrected misstatements, other than those we believe are trivial, if any; Disagreements with management, if any; 7 City of Sealy Engagement Letter Page 8 of9 9 Other findings or issues, if any, arising from the audit that are, in our professional judgment, significant and relevant to those charged with governance regarding their oversight of the financial reporting process; Material, corrected misstatements that were brought to the attention of management as a result of our audit procedures; Representations we requested from management; Management's consultations with other accountants, if any; and Significant issues, if any, arising from the audit that were discussed, or the subject of correspondence, with management. The audit documentation for this engagement is the property of BrooksWatson & Co., PLLC and constitutes confidential information. However, we may be requested to make certain audit documentation available to certain regulators and federal agencies and the U.S. Government Accountability Office pursuant to authority given to it by law or regulation, or to peer reviewers. If requested, access to such audit documentation will be provided under the supervision of BrooksWatson & Co., PLLC's personnel. Furthermore, upon request, we may provide copies of selected audit documentation to these agencies and regulators. The regulators and agencies may intend, or decide, to distribute the copies of information contained therein to others, including other governmental agencies. Please sign and return the attached copy of this letter to indicate your acknowledgment of, and agreement with, the arrangements for our audit of the financial statements including our respective responsibilities. We appreciate the opportunity to be your financial statement auditors and look forward to working with you and your staff. Respectfully, BrekWkboco BrooksWatson & Co. 14950 Heathrow Forest Pkwy I Ste 530 Houston, TX 77032 8 City ot Sealy Engagement Letter Page 9 of 9 RESPONSE: This letter correctly sets forth our understanding. The City of Sealy, Texas Acknowledged and agreed on behalf of the City of Sealy, Texas by: Management Name: Title: Date: Mayor or Council Representative Name: Title: Date: 9 Item #8 SBAL PEXAS ite feTaEa IE STAFF REPORT Meeting Date: June 17, 2025 - Prepared by: Mike Barrow, Assistant City Manager Agenda Item 8 Discussion and Possible Action regarding Resolution of Support for Texas Department of Transportation Feasibility Study for Relief Route. SUMMARY: Currently there is no other direct route for truck traffic to get from Hwy 36 N to the interstate other than coming through our downtown Meyer Street Hwy 36. Traffic counts compiled by IXDOT in 2013 and 2023 are below TxDOT Traffic Counts for 2023 for the area of concern show: Counter 1. 18,044 vehicles travel Hwy 36 just north of the Hwy 36 and Loop 350 intersection each day, compared to 11,913 vehicles per day in 2013. +5.1% per year increase last 10 years increase of 613 vehicles per day per year) Counter 2. 22,317 vehicles travel Hwy 36j just south of the Hwy 36 and Interstate 10 on/off ramps westbound and just north of the Hwy 36 and Interstate 10 on/off ramps eastbound each day, compared to 16,407 vehicles per day in 2013. +3.6% per year increase last 10 years (increase of 591 vehicles per day per year) Counter 3. 59,989 vehicles travel Interstate 10just east of Hwy 36 off ramp each day, compared to 52,168 vehicles per day in 2013. +1.5% per year increase last 10 years (increase of 782 vehicles per day per year) Counter 4. 49,494 vehicles travel Interstate 10 just west of Hwy 36 on ramp and off ramp each day, compared to 38,863 vehicles per day in 2013. +2.7% per year increase last 10 years (increase of 1063 vehicles per day per year) It is important to note that from 2018 to 2023 (5 years), traffic counts for the same counters were: Counter 1. +6.9% per year increase (increase of 921 vehicles per day) Counter 2. +5.2% per year increase (increase of 918 vehicles per day) The situation is only going to get worse for traffic and pedestrians traveling up and down Hwy 36 in town without alternate direct route. FINANCIAL IMPACT: NA = At this point. But, future right-of-way acquisition and partnership will be needed. RECOMMENDATION: Recommend approval of Resolution of Support for Feasibility Study of Relief Route by TxDOT. RESOLUTION NO. 2025- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEALY, TEXAS, SUPPORTING THE TEXAS DEPARTMENT OF TRANSPORTATION TO PERFORM A ROUTE FEASIBILITY STUDY FOR FUTURE HIGHWAY 36 RELIEF ROUTE IN THE VICINITY OF SEALY TEXAS. WHEREAS, The Texas State Highway 36 System extends 343.1 miles in length, connecting Freeport at the Gulf Coast to Abilene in the high plains. Hwy 36 is a designated hurricane evacuation route, intersecting many other vital hurricane evacuation routes such as, Interstate 59/69, Interstate 10, Interstate 290, and Interstate 35. WHEREAS, residential and commercial development close to the existing roadway limits widening of a 2.35-mile section of Hwy 36 from FM: 2187 to Interstate 10 through Sealy. Widening the existing right- of-way is not financially feasible and current conditions are causing increased congestion and safety issues. WHEREAS, residential and commercial development in Austin County has increased traffic on Hwy 36 countywide causing safety concerns on and along Hwy 36. Hwy 36 currently goes through Sealy downtown and with community events using downtown, the safety concerns only increase. WHEREAS, Hwy 36 through Sealy also crosses over Union Pacific Railroad in downtown Sealy. The significantly increased traffic being stopped by the train several times daily, causes traffic to back up both directions, invites through travelers to use city residential and downtown streets to find a way to bypass the train, and causes further vehicle and pedestrian safety issues. WHEREAS, a route feasibility study for a potential relief route in the Sealy area would provide opportunities for community input and recommendation for possible location of such a route. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEALY, TEXAS requests that TxDOT move forward with a route feasibility study for a relief route in the Sealy Area. PASSED and APPROVED this, the day of. June 2025. Carolyn Bilski, Mayor ATTEST: Sandra Vrablec, City Secretary Item #9 BEALY EXAS ITAUDERIRCE ITEun m AGENDA ITEM NO: Discussion and Possible Action regarding Approving Mass Gathering Ordinance Amending Chapter 66 of the Code of Ordinances. (First of two readings) SUBMITTED BY: Kimbra Hill, City Manager MEETING DATE: June 17, 2025 STAFF REPORT DESCRIPTION City Council's consideration of the proposed Mass Gathering Ordinance is at the request of Chief Reeves. It enables advance notice and planning for large-scale events, allowing police to assess potential risks, allocate resources, and coordinate emergency services. This helps prevent overcrowding, ensures appropriate traffic control, and supports medical response readiness. The Mass Gathering Ordinance provides a legal framework and legally enforceable structure that defines what qualifies as a mass gathering, sets forth permit requirements, and outlines conditions for compliance. This gives the police department a clear basis for monitoring events and taking action when regulations are violated. Although the Mass Gathering Ordinance complements the City-Wide Event Policy and shares several similarities, both are essential to effectively meeting the diverse needs of public safety in the community. Each serves a distinct purpose, and together they provide a comprehensive framework for event oversight, public safety, and operational coordination, as outlined in the comparison below: Key Differences Between the Mass Gathering Ordinance and the City-Wide Event Policy: 1. THRESHOLD BASED ON NUMBER OF PARTICIPANTS a. City-Wide Event Policy: Establishes three (3) event levels based on participant count: i. Level 1: 150 or less ii. Level 2: 151-500 ii. Level 3: 501 or more b. Mass Gathering Ordinance: Applies to events of 300 or more participants and introduces new evaluation criteria beyond attendance alone, distinct from City-Wide Event criteria (See 3.c. below) 2. EVENT LOCATION FOCUS a. City-Wide Event Policy: Primarily governs events held on City-owned property b. Mass Gathering Ordinance: Focuses on events held on private property within the city limits that have potential to affect public safety or city services 3. ENFORCEABLIY AND RISK MANAGEMENT a. City-Wide Event Policy: Serves as a guidance tool for managing use of City facilities and resources b. Mass Gathering Ordinance: Functions as a free-standing and enforceable regulation aimed at reducing risk city-wide, especially where events: i. Require EMS, law enforcement, or fire personnel; ii. Restrict or block public or emergency access ii. Involve past activities known to escalate and strain public safety resources iv. Feature amplified music, entertainment, or activities likely to incite unruly or disruptive behavior, including but not limited to trail rides, rodeos, outdoor concerts and DJ events, "pop-up" parties, or any combination of factors combined with open alcohol service. Key Similarities Between the Ordinance and the Policy: 1. UNIFIED APPLICATION PROCESS a. Both require use of a standard application form, which ensures consistency in event vetting. i. City-Wide Event Application - submitted to City-Wide Event Official ii. Mass Gathering Event Application - submitted to Chief of Police (to be created) 2. FEE REQUIREMENTS a. City-Wide Event Permit Fee: Already adopted in the City's Master Fee Schedule. b. Mass Gathering Permit Fee: Proposed at $500, and included in the 2nd of 2 readings of the updated Master Fee Schedule Ordinance on tonight's agenda) 3. CITY COUNCIL OVERSIGHT In compliance with the City's Charter, Article II Powers of the City, Section 2.01- General Powers, both frameworks involve City Council approval for most events. a. City-Wide Event Policy requires approval by City Council for an event held on City- owned property or using city services and resources. b. Mass Gathering Ordinance: i. Allows the Chief of Police to review and approve events on private property ii. Certain ower-risk or exempt events must be reported to Chief of Police for approval, unless specific risk factors arise. ii. Chief's discretion for reclassifying previously exempt events if they have escalated in the past. iv. Only if Chief denies the event may the promoter appeal to City Council. RECOMMENDATION City Manager and Chief of Police recommend City Council's approval of the ordinance on first reading and concurrent adoption of the associated fee via the Master Fee Schedule. ORDINANCE NO. 2025- AN ORDINANCE OF THE CITY OF SEALY, TEXAS, ADDING A NEW OF ARTICLE V OF CHAPTER 66 OF THE SEALY CODE OF ORDINANCES; PROVIDING RULES AND REGULATIONS FOR MASS GATHERINGS; REPEALING ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT OR INCONSISTENT WITH THIS ORDINANCE; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE, * * WHEREAS, the City Council ofthe City of Sealy, Texas, ("City") finds that providing rules and regulations for certain mass gatherings in the City is in the best interest of the City, citizens, members of the public, visitors, and travelers; and WHEREAS, the City Council finds that mass gathering events have increased the need for public safety resources and contacts; and WHEREAS, the City Council further finds that mass gathering events increase traffic congestion; and WHEREAS, City staff must ensure adequate public safety resources are available to respond to complaints associated with mass gathering events; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEALY, TEXAS: Section 1. The facts and recitations contained in the preamble to this ordinance are true and correct and incorporated herein for all purposes. Section 2. A new Article V of Chapter 66 is added to the Code of Ordinances of the City of Sealy, Texas to read as follows: "CHAPTER 66 = OFFENSES AND MSCELLANEOUS PROVISIONS * ARTICLE V. - MASS GATHERINGS Sec. 66-89. - Definitions. Mass gathering means a gathering of which any part of the gathering is held inside the limits of the City of Sealy and that attracts or is expected to attract: (1) More than 300 persons at any given time, including property owner(s), promoter(s), security, vendors, entertainers, volunteers, guests and ticket holders; and (2) At which the persons will remain for more than two (2) continuous hours; or for any amount of time during the period beginning at 9:00 p.m. and ending at 6:00 a.m. Person means an individual, group of individuals, firm, corporation, entity, partnership, or association. Promote means to organize, manage, finance, or hold. Promoter means a person who promotes, organizes, advertises, or sells tickets to a mass gathering, often responsible for event planning, marketing, crowd expectations, and overall execution, who may or may not own the venue or land. Sec. 66-90. - Permit requirement. Persons shall submit the City's current Mass Gathering Event Application to the Chief of Police for any mass gathering event that meets one or more of the following criteria: (1). Any part of the event is held on private property within the city limits and: a. Requires or may require the presence of EMS, police, or fire personnel; b. Requires road closures or otherwise restricts or impedes traffic flow and access by emergency personnel or the general public; C. Any event, that escalated or may escalate in terms of crowd size, nuisance, or criminal activity, or any event that has or may strain public safety resources or poses risks to the community. d. Any event that involves one or a combination of amplified sound or music, entertainment, or activities that are likely to incite unruly, dangerous, or disruptive behavior, such as but is not limited to, trail rides, rodeos, outdoor concerts and DJ events, pop-up" parties, or any combination of factors combined with open alcohol service. A person may not promote, hold, attend, or participate in a mass gathering without approval from the Chief of Police. Sec. 66-91. - Application submittal and review procedure. (a) At least ninety (90) days before the date on which a mass gathering will be held, the promoter and property owner shall file a Mass Gathering Event Application with the Chief of Police, including all required supporting documents, site plans, and information requested by the Chief. Applications submitted less than 90 days prior to the event may still be considered at the Chief of Police's discretion. (b) The Chief of Police may approve, approve with conditions, or deny the application based on public safety considerations, event history, availability of emergency personnel, or other risk factors. Sec. 66-92. = Permit fee requirement. Following approval, the applicant must remit the required Mass Gathering Event permit fee as set forth in the City's Master Fee Schedule Ordinance Sec. 66-93. - Changes to the Mass Gathering Event after approval by Chief of Police. Any changes to the mass gathering event plan after receiving approval, will require an additional approval by the Chief of Police. The Chief of Police may approve, approve with conditions, or deny the changes based on public safety considerations, event history, availability of emergency personnel, or other risk factors. Sec. 66-94. - Permit revocation. The Chief of Police may revoke a permit issued under this ordinance if the Chief of Police finds that the preparations for the mass gathering will not be completed by the time the mass gathering will begin, for the failure to meet any of the requirements determined and identified pursuant to this ordinance, for failing to comply with approved plans, or that the permit was obtained by fraud or misrepresentation. Sec. 66-95. - Appeal. In the event of denial, a promoter or a person affected by the granting, denying, or revoking of a permit may appeal that action to the city council. The appeal must be submitted in writing to the City Secretary and Chief of Police within five (5) business days of receiving the denial notice. The request for appeal will be placed on the agenda for the next regularly scheduled city council meeting prior to the scheduled date ofthe event. City Council may uphold, modify, or overturn the Chief's decision at their discretion. If time does not permit for a city council meeting to be called, the appeal can be to a district court having jurisdiction in Austin County. Sec. 66-96. - Inspections. (a) The Chief of Police or any designee of same may inspect a mass gathering during the mass gathering to ensure that the minimum standards for ensuring public safety and order as prescribed by state and local laws, rules, and orders are being maintained. If any official determines a violation of the minimum standards is occurring, the official or designee may order the promoter of the mass gathering to correct the violation or terminate the event. (b) The Code Enforcement Officer may investigate preparations to ensure they are consistent with the City's ordinances, policies, approved site plan-as presented to and approved by the chief of police, or city council, if applicable. (c) The City Manager, or designee, may conduct any additional investigation that the manager considers necessary. Sec. 66-97. - Indemnity clause. The applicant shall indemnify and hold the city harmless from all costs, expenses (including reasonable attorney's fees) and damages to persons or property arising directly or indirectly as a result of the mass gathering. This provision is not intended to create a cause of action or liability for the benefit of third parties but is solely for the benefit of the applicant and the city. Sec. 66-98. - Noise. Any unreasonably loud, disturbing or unnecessary noise which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity of the mass gathering, or any noise of such character, intensity and continued duration which interferes with the comfortable enjoyment of private homes by persons of ordinary sensibilities is prohibited and is hereby declared a nuisance. All other regulations in regarding noise shall apply to mass gatherings. Sec. 66-99. - Exceptions to permit and fee. (a) The following types of mass gathering events, known or expected to attract 300 persons or more at any given time, including property owner(s), promoter(s), security, vendors, entertainers, volunteers, guests and ticket holders, are required to notify the Chief of Police ten (10) days prior to the event, but are not required to obtain a Mass Gathering Event permit or to pay any fees established under article - provided that the same type of event has not, in the past, escalated in a manner that strained public safety resources and posed a risk to the community: (1) Church events held on church-owned property, or on City-owned property managed by another entity under terms of a contract; (2) City, school, county, or other governmental entity events held on property owned, maintained and managed by the governmental entity; (3) Weddings, wakes, and funerals; (4) Youth sporting events; or (5) Any other exceptions approved by City Council. Created: 2021-09-14 12:38:17 [EST) (Supp. No. 20) Page 5 of 6 (b) Events that were previously exempt may be reclassified at the discretion of the Chief of Police if, in the past, they have: (1) Resulted in emergency response calls; (2) Impeded emergency vehicle access or general traffic; (3) Involved public disturbances, fights, nuisances, or property damage; or (4) Otherwise strained police, fire or EMS resources. In such cases, future events of that type may be required to complete a Mass Gathering Event Application and comply with all permitting and fee requirements. Sec. 66-100. - Tow-away zones. (a) Any street, alley or city owned property or part thereof that is designated as a road closure or a no parking zone under this ordinance will also be designated as a no parking tow-away zone. (b) The promoter shall properly mark the road closures and no parking zones designated under a permit that is granted under this ordinance giving notice thereof. (c) No person shall park a vehicle in any area designated as a no parking tow-away zone under this ordinance. (d) Any person designated by the city may authorize the removal of a vehicle parked in no parking tow-away zone. The owner and operator of the vehicle shall be liable for all reasonable towing and storage fees incurred in the removal and storage of the vehicle. (e) This section works in conjunction with any other no parking tow-away ordinances for the city. Section 3. Repeal. All ordinances or parts of ordinances in conflict herewith are repealed. Section 4. Severability. In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part of provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Sealy, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts. Section 5. Penalty. Any person who violates or causes, allows, or permits another to violate any provision ofthis ordinance, rule, or police regulation of the city shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine or penalty not to exceed five hundred dollars ($500.00). If such rule, ordinance, or police regulation governs fire safety or public health and sanitation, other than the dumping of refuse, the fine or penalty shall not exceed two thousand dollars ($2,000.00). If such rule, ordinance, or police regulation governs the dumping of refuse, the fine or penalty shall not exceed four thousand dollars ($4,000.00). Each occurrence of any violation of this ordinance, rule, or police regulation shall constitute a separate offense. Each day on which any such violation of this ordinance, rule, or police regulation occurs shall constitute a separate offense. Section 6. Effective Date. This ordinance shall become effective immediately and enforceable when published as required by law. PASSED AND APPROVED at this first reading on the day of 2025. PASSED, APPROVED AND ADOPTED at this second reading on the day of 2025. Carolyn Bilski, Mayor ATTEST: Sandra Vrablec, City Secretary Item #10 ORDINANCE 2025- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEALY, TEXAS, AMENDING THE MASTER FEE SCHEDULE; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, the City Council of the city of Sealy, Texas ("City") finds that amending the Master Fee Schedule will be for the good of the government and ensures that the City is capturing reasonable and appropriate revenues; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEALY, TEXAS: Section 1. The facts and recitations set forth in the preamble of this Ordinance are found to be true and correct. Section 2. The City of Sealy, Texas adopts the Master Fee Schedule as provided for in Exhibit "A" which is attached hereto and incorporated herein for all purposes. Section 3. Repeal. All Ordinances or parts of Ordinances in conflict herewith are repealed. Section 4. Severability. In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, or part ofthis Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part of provision hereof other than the part declared to be invalid or unconstitutional, and the City Council of the City of Sealy, Texas, declares that it wouid have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts. Section 5. Penalty. Any person who violates or causes, allows, or permits another to violate any provision of this Ordinance, rule, or police regulation of the city shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine or penalty not to exceed five hundred dollars ($500.00). If such rule, ordinance, or police regulations governs fire safety, or public health and sanitation, other than the dumping ofr refuse, the fine or penalty shall not exceed two thousand dollars ($2,000.00). If such rule, ordinance, or police regulation governs the dumping of refuse, the fine or penalty shall not exceed four thousand dollars ($4,000.00). Each occurrence of any violation of this ordinance, rule, or police regulation shall constitute a separate offense. Each day on which any such violation of this ordinance, rule, or police regulation occurs shall constitute a separate offense. Section 6. Effective Date. This Ordinance shall become effective immediately and enforceable when published as required by law. PASSED and APPROVED at this first reading on the day of May, 2025. Page 1 of2 PASSED, APPROVED, AND ADOPTED at this second reading on the day of June, 2025. Carolyn Bilski, Mayor ATTEST: Sandra Vrablec, City Secretary Page 2 of 2 RED-LINE COPY & a L a 3 f 3 CLEAN COPY 3 f 1 1 1 ( a a 4 / m f 3 e m f 4 # de 3 f o & 2 2 € 5 Y 1 a de m f 00 - 3 is 6 - 3 f 9 : - o 3 e 1 3 of 1 of de 11 3 f 1 - 0 a € - 3 of 1 e Y a e - - 0 3 f 3 f a m f 0 8 4 4 6 6 6 8O 8O 1 e - 1 1 m f 9 e e f 8 @ - a - € e - 0 3 f - m f N 3 1 3 f 3 f 4 of 4 3 of 6 3 f 2 B f 9 de L 5 o f 8 e 3 3 of B Item #11 ORDINANCE NO. 2025 AN ORDINANCE OF THE CITY OF THE CITY OF SEALY, TEXAS, ESTABLISHING NO PARKINGITOW AWAY ZONES ON SAN FELIPE RD, SEALY RD, GARLAND ST AND DOWNEY RD WITHIN THE CITY; PROVIDING A PENALTY; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City Council of the City of Sealy, Texas, ("City") finds that parking vehicles on the either side of San Felipe Rd., Sealy Rd., Garland St. and Downey Rd. as defined in Section 2 presents a public safety hazard; and WHEREAS, the roadways are approximately 20 feet wide and vehicle parking would impede traffic movement and emergency vehicle access; and WHEREAS, the City Council deems it necessary and advisable to establish on No Parking/Tow Away zones on both sides of San Felipe Rd, Sealy Rd, Garland St. and Downey Rd in the locations defined in Section 2; and WHEREAS, the City shall erect No Parking/Tow Away signs on both sides of San Felipe Rd., Sealy Rd., Garland St. and Downey Rd. in the locations defined in Section 2; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEALY, TEXAS: Section 1. The facts and recitations contained in the preamble of this Ordinance are found to be true and correct and incorporated herein for all purposes. Section 2. It shall be unlawful for any person, having registered in his or her name a motor vehicle, owning a motor vehicle, operating a motor vehicle, or having Page 1 of 4 care, custody, or control of a motor vehicle, to allow or permit the vehicle to be parked or left standing on either side of: A) San Felipe Rd. between Anderson St. and Sealy Rd. B) Sealy Rd. between San Felipe St. and 600 ft north of the first curve in Sealy Rd. C) Garland St. between Anderson St. and the dead end. D) Downey Rd. to 600 ft north of the San Felipe Rd. Intersection. 1 between the hours of 5:00 pm on Fridays until 6:00 am on Mondays. Section 3. When any person is charged with violating this Ordinance, then proof that the vehicle was owned by the person charged with the offense on the date of the alleged offense shall constitute prima facie evidence that the vehicle was parked or left standing at the place by the owner, but the owner shall have the right to introduce evidence to show that such vehicle was not parked or left standing by him or her as charged by citation or complaint. Section 4. City staff are directed to cause the placement of official traffic control devices giving notice of No Parking/Tow Away zones, as described in Section 2 above, through the erection of signage. All signage shall comply with the Texas Manual on Uniform Traffic Control Devices. Section 5. Penalty for Violation = Fine. Any person who violates or causes, allows or permits another to violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than Two Hundred Dollars ($200.00). Each occurrence of any such violation of Page 2 of 4 this Ordinance shall constitute a separate offense. Each day on which any such violation of this Ordinance occurs shall constitute a separate offense. Section 6. Penalty for Violation = Towing. Vehicles llegally parked or standing in violation of Section 2 above also may be removed and impounded in the manner provided under Chapter 2308 of the Texas Occupations Code. The City of Sealy, Texas, or its officers, agents, employees, or representatives shall not be responsible for any damage to any vehicle(s) removed and impounded. Section7. Defense to Prosecution. It is a defense to prosecution that the registered owner of the vehicle resides at the address where the vehicle is parked. Section 8. Repeal. All ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. Section 9. Severability. In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part of provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Sealy, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts. Section 10. Effective Date. This Ordinance shall be effective immediately and enforced when published as required by law and when signs are erected. Page 3 of 4 PASSED, APPROVED, and ADOPTED on FIRST READING this day of 2025. PASSED, APPROVED, and ADOPTED on SECOND READING this day of 2025. Carolyn Bilski, Mayor ATTEST: Sandra Vrablec, City Secretary Page 4 of 4 Jonanost Copper / Develog yu Guvynu buuiyas - - o Item #12 BEAL EXAS AESTIDD a EenLoct ATTUIL a PIISILSS AGENDA ITEM NO: 12- SUBMITTED BY: Patrick Parsons, Public Works Director MEETING DATE: June 17,2025 STAFF REPORT DESCRIPTION Discussion and Possible Action regarding Reimbursement of Sewer Tap Replacement Fees. ANALYSIS In the past three years we have looked at sewer tap replacements that were paid by home owners when the sewer taps collapsed. There were 11 homes that have paid for a new sewer tap in the last 3 years. Address: 413 North Fowlkes 402 Fourth Street 940 Garland 768 Fourth Street 616 Sixth Street 714 Seventh Street 1122 Atchison Street 710 Seventh Street 637 Fifth Street 719 Fifth Street 628 Second Street RECOMMENDATION Staff Recommends to approve and pay back for the past three years these sewer tap replacements. FINANCIAL MPACTS Total of all the collapsed Sewer taps paid is $11,765 dollars. Item #13 RED-LINE COPY CITY OF SEALY BOARDS AND COMMISSIONS POLICY Approved June 17, 2025 SEALY EXAS CITY OF SEALY BOARDS AND COMMISSIONS POLICY TABLE OF CONTENTS: Purpose and Scope 2 Member Eligibility 2 Recruitment 3 Sample Annual Advertisement inl Local Newspaper 3 Application! Process 4 Selection! Process 4 Term of Office 4 Vacancies 5 New Members Orientation and Training 5 General Duties and Responsibilities of Boards and Commissions 6 Future Agenda Items 6 Ordinance and Bylaws Exhibits Overview 7-11 Parks Board 7 Sealy Economic Development Corporation Board of Directors 7 Planning Commission 8 Capitall Improvements Advisory Committee 9 Charter Review Commission 10 Sealy Development. Authority/Tax Increment Reinvestment Zone #2 10 Attendance at Meetings 11 Role of Staff Liaison 11 Role of City Secretary 12 Conflicts ofl Interest 12 Membership on Multiple Boards 13 Conduct of Meetings 13 Meeting Times, Number of Members and Appointment Months 14 Appointed Staff Liaison to Boards and Commission 14 Signature Page 15 Responsibilities of Boards and Commission Members 16 Applicationi for Appointment to City of Sealy Boards and Commission 17-21 Request for Reappointment to City of Sealy Boards and Commission 22-25 Abstention and Conflict of Interest Policy 26 Orientation Checklistf for Staff Liaison 27 EXHIBIT "A" Parks Board - Ordinances: 2023-21 28-32 EXHIBIT "B" Sealy Economic Development Corporation! Bylaws06.03.21 33-45 EXHIBIT "C" Planning Commission - Ordinance 1974-02, 1975-09, 1977-6, 1993-12, 2007-09, 2014-21 46-49 EXHIBIT "D" Capital Improvements Advisory Committee Resolution: 2018-29 50-52 EXHIBIT "E" Charter Review Committee - Code of Ordinances, Section 9.13 53-54 EXHIBIT "F" Sealy Development. Authority/TIRZ #2- Ordinance: 2005-01 55-71 EXHIBIT "G" Boards & Commission Orientation & Application Policy WORKFLOW 72-73 EXHIBIT "H" Abstention and Conflict of Interest Affidavit 74-76 pg. 1 Boards and Commissions Policy 6/17/2025 SEAL EXAS IETare CITY OF SEALY BOARDS AND COMMISSIONS POLICY PURPOSE. AND SCOPE The purpose of this Boards and Commission Policyi is to establish a single, comprehensive reference framework that governs the operations of all advisory boards and commissions within the City of Sealy. This policy is intended to ensure consistency in governance. procedural clarity, and adherence to applicable City Ordinances and State law. uniform procedures for all advisory boards and commissions of the City. By consolidating policies into one uniform document. the City aims to promote a high standard of accountability facilitate transparency, and ensure alignment with the strategic goals andy vision of the Sealy City Council. This unified approach eliminates the need for separate policies for each board or commission and provides a centralized, reliable source of guidance for all participants. This policy also affirms the City's commitment to equipping each board and commission with tools. information, and procedural support necessary for effective performance. When members are well-informed and understand the broader goals of the City Council.it enhances communication. fosters a culture of civicr responsibility, and supports thoughfful long-term planning and decision making. The members who commit to ronidino.reseaching. reviewing, investigating, and Formatted: Font: Not Bold performing due diligence beforer motnoracommendatons toi the City Councirepresentone oft the communily/smosts valuable tools. Their servicei is vital to ensuring a thorough. Formatted: Font: Not Bold transparent. andresponsible public process, and this policy is designed to support their efforts Formatted: Font: Not Bold at every level. PeardendcemmisiembeRoeePsppenledbymeseeseoCHyCeuRePelPCounek-aHhe Formatted: Font color: Text 1 ecemRendeHOReHREMOyeEomdsenesHRepesreunetOmdwAe-be-grenled pg. 2 Boards and Commissions Policy 6/17/2025 speciel-prMlegesbecGuse-eHAeFePpOniment.FOFnesekeetbreviy-1ne-useotthe-temm DOGFe-#OUgnOUHRSPONCYROShdiDeinierprelee: e nclude-the-te-e.-COmFISSEission"except where-ne.coniextrequiesolherwise: hspokcyeppiestedipesont-oppanlediobeordzondE9ndeemmscAbyCounel.Pessens Formatted: Strikethrough epponted-byoinergevemmeROIpodesoreniesmeyna-bereqwedioedoabidebydHne esowinedPeier MEMBER ELIGIBILITY APAcRigualceniRckdelelsir. To be eligible for appointment to a City board Formatted: Strikethrough or commission, an applicant must meet the following qudlifications: Must be a qualified resident of the City of Sealy* for at least one (1) year prior to the date of the appointment (unless specified otherwise in this policy); Must be a qualified voter in the City of Sealy* Must be at least 21 years of age; May not apply to serve on the same board with any immediate family members; and Regular full-time City employees are not eligible unless required by federal, state or local laws or regulations; and Immediate family members of City employees may not apply to serve on City boards *NOTE: TIRZ #2 Board may be subject to additional residence requirements RECRUITMENT AND ADVERTISEMENT OF VACANT POSITIONS To ensure transparency and encourage public participation, the City of Sealy will actively advertise vacancies on boards and commissions with terms expiring on May 31:tc of eachy year. Formatted: Superscript Advertising of scheduled-boaid vacancies sm:eggeAMe will begin on or AeGF Formatted: Strikethrough around March Ist. By the first week of March, the City Secretary will posti information regarding Formatted: Strikethrough available positions throughmuliple channels, including the City's website, Facebook page.or Formatted:: Strikethrough Ihe Sealy News, inviting qualified individuals to apply. Formatted: Font: Italic Adverlisementlerboardvolunlee: Rrecruitment efforts may include, becenduciedine Formatted: Strikethrough oewoyedngon arenot limited to: Formatted:: Strikethrough pg. 3 Boards and Commissions Policy 6/17/2025 Posting of notice on official City bulletin board: Posting of notice inThe Sealy News: Formatted: Font: Italic Websle.edverlisemenlsPublishing announcements on the City's website; Formatted: Strikethrough Postingonthe.Cllyt of Sealy's officialFacebook account; Formatted: Not Strikethrough OutreachihroughRieommendation, byinvitetion Formatted:: Strikethrough SAAAPLE ANNUAL ADVERTISEMENT NIOCALNEWSPAPER Formatted: Strikethrough Formatted: Strikethrough ClyalsealyAccepingAplicaion-and'inlemlewinglo Volunteer Positions o-serve-onoards-edCommisions aChyalsedytgoingid-egACH/soodionse omamssions.Inese-orggnzdHiens PSye-SgAHCGREOl-A#Re-CINYHseas-uure-Byadwsng omdmotng-semmendsion-ochya GRdRe-CH/CewneN Formatted: Strikethrough RePARKS-BOARD-WOR-w#hhe HeGHOFOHPVDNE Wo*sle-edMse-Gnd-mGKeI8SOmendaHensie.ne Formatted: Strikethrough y-MGneg8FORG-Re y Council ers EIAg perks GR-ecredOR-Pre9/9Rs-8-wels MEORAIRCePe s,ene Apres * € RenIS-GRG-DeGHHCGHORFPGRSR#RB-CHOFSeaH-Reguig meeingsdeeldquos e y helAd-Wednedey #he-PLANNING-COMMISSIONweRS-wA-Re-DHectereHPSnAAinge-edMse-Gnd-RakeeGemmendations OGH/COURCHGPGHARH8r8Gi8dePeA A nge e G-CORAFRURH-dew elPAReR-Re-PGAAAS-CORPISSOR Sase-responsiDle-ereeveepg-eAG-FeceGopHOn-e: g-comprehenswe-Pgner-fure seveopmente a # he yorseG. At H t6 eneHy, * AAg ORA proposedsubd.sens Formatted: Strikethrough andvanancereqw 55-MemDessna. 1 De-knowledge eableinredlesiateamddevelopment.wilhanoveral interestintheC# YSH # e stry e,s 6 ey, enewe eing. K egue I poeate-ewd WednesdeyofeschmeAlhaH49Ppm ReSEALK-ECONOMICPPVBOMENICONOHAIOMpomaeecomocoNacomenlydeveopment A-the-Gity-el-Sealy-and-hep-le-promele-andes- eevelep UACPS-AROsRVCNuereldied-e-tne des veiepmReniarexpansondivanasonseegpeaidicommwnyyGmealies-Beard RePAbeN-SdI-5e-kmewledgeable HF memce, OMAAUAIY development-ane- PWER-ORd-ACReE evelpmentGndbusPes-reIenOn- eguk ee ngs e heldon-thefouuesdeyetegch-month et6:00pm The-TAX-INCREMENT-RENVESIMENT-ZONE-42/SEALY-DEVELOPMENT-AUHORIY-BOARD-OF-DIRECIORS dM58s#he-CHyCeURCOR-GHe-elsiedioloHIneIemeREReInvestmentZene-#2 eSPSENASCMNON, oFnlommdHoniegardngslgbHVieuA e A for e 0€ ReHhesebegrdsOndCORPISORe!he-CHy Secretanyat979 385 351 or op y hecys e G 4 Ottice ocate leda415MainSireel-Appications OADepeledp-peson - & - e are - eveilable-e enlin e WWAW.CLS alhesppicalondesdinestn: Formatted:: Strikethrough dele-changese GAodrelerence-ne-RE#HFRSGYAN ACy4 Formatted: Strikethrough APPLICATION PROCESS Onorbythefr-WeeKOHMGrCR-eHeSCAyedF-1n8-CHy-secrelaw-wGonthe CysweBse,secialsoeaimedesle-onsAlnesedyNGwseRCOUag94Vlfedpeeple-e compleleandsubmitnopicainio.seseveonaboord. pg. 4 Boards and Commissions Policy 6/17/2025 All guelified eligible eligible individuals seeking appointmentto a City board or commission Formatted: Strikethrough mustf follow the established application process. PeenS-ePPMng-ePe-sHme-mws Formatted: Strikethrough complete-en - New Applicants: Formatted: Font: Bold Individuals applying fori the first time must complete an "Application for Appointment to City of Formatted: Font: Century Gothic Sealy Boards and Commision-form. This form must be and submitted, to the City Secretary Formatted: List Paragraph, Bulleted Level: 1 + Aligned at: 0.25" Indent at: 0.5" by May Ist. Formatted: Font: Italic - Current mMembers, Seeking Reappointment: Formatted: Font: Italic Incumbent members wishing to continue serving on their current board or commission must Formatted: Strikethrough complete and submit oemingiebersppehtswswwthat Formatted:: Strikethrough submia-Reques' for Re-Appointment to City of Sealy Boards and Commisionform to the Formatted: Font: Century Gothic, Bold Formatted: Font: Bold City Secretary by May 1st. Formatted: Font: Century Gothic, Bold - Current Members Seeking Appointmenti to a Different Board: Formatted: Font: Bold Ifa current member would like wishest to be considered for eppoinimentea different board Formatted: Strikethrough or commission, PwtresdaDemut complete andsubmit the" anew.Appication Formatted: Font: Italic for Appointment form for the desired position. oordercemmsonierwode Formatted: Font: Italic, Strikethrough Formatted: Font: Italic to-be-considered Formatted: Font: Bold Formatted: Font: Century Gothic Formatted: List Paragraph, Bulleted + Level: 1 + The Application for Appointmentform te Ghrolseaky-BeadkensCemmiseniwa: solicit Aligned at: 0.25" + Indent at: 0.5" collectsinformation about the applicant's background, including cUrentand pest Formatted: Strikethrough eeeupalonsendinvementnondimowedgestsvesreesrelelede-relevont work history, Formatted: Font: Italic areas of expertise.and experience ork knowledgerelgted. tothe subject matter of the board Formatted: Line spacing: single Formatted: Font: Italic hey-te-which-hey are applying to. n-edelionte-he-cecompeledoppicolealien-eAppiconts are encouraged to submit a short bio or resume along with their application. Persens Individuals may apply for more than one board. Ashorter"The, Request for Re-Appointment form is a shorter version used exclusively by Formatted: Font: Italic current board members seeking another term. Like new applications. these forms mustbe submitted to the City Secretary's Office byi the deodine.-Ebewadiedeneumbenibeerd membersseekingengomolnerie-memseniwaidsobereguedosEme meoohmmioiecHSsGayalse. pg. 5 Boards and Commissions Policy 6/17/2025 SELECTION PROCESS With the exception of the Charter Review Commission,, IThe Mayor will shallreview all ubmitedoppicalions and MEmokegrecommendelondiopponiments to_City Council, sopodyaportment will be confirmed by amajority vote of the thelast City Council meeling-and are typically made byt the last regularly: scheduled Council meetingin May, egutingemepoliyceotmolonvoleoloppowaibychyomel-aineevenHt appointments are notmede-by-he-le'BICHy/COUReHmeelng-Mey. finalized at that time, ell currentmembers with-whose terms are expiring ters-willshall continue to serve until their successorsare is appointed and confirmed by Council. TERMOF OFFICE With the exception of the Charter Review Commission- whichs shall serve-with a termof six (6) months.term- members of boordsondcommisions shall be appointed to terms-ef-two (2) years terms, unless otherwise specified by ordinance or Dylaws.,and-mayDeremevedatany lime-byCeuneil Terms efoficewllshall be staggered, and- Aall terms expire on May 31of the applicable year. Members may be removed at any time by City Council. lf-n-heevenHhet an appointment is not made prior to the_ member' 's term expirationefe membersHerm-tne) incumbent becre member shall continue to serve until their successor is appointed and confirmed by Council. Ierm Limits: Formatted: Font: Bold Ab board member maynots serve more than the moximumnumber. of Fierms Gnd-er-imis-ere Formatted: Font: Century Gothic setallowedi under the relevant board'sby bylaws.resolution. or ordinances. After a minimum Formatted: Font: Century Gothic, Ligatures: None absence-efone (1) year absence from a board,he Council may choose to reappoint thea formermember beekto the same board. ARMACHeYPeMoYremed-fermemes Whesecumentemsbegemp-eHo-wme-220,Ma.-lem limiteln-provisien-enforcement. will OAeaNA the completion oHercwmentem.er: that commenced prior to. June 2020. The-Council retains the right to remove orr replace any appointed member at any time and for any reason. Appointments are for a defined Boordmembesgresppeopponledieratned purpose and time, and once the-essignec a member' 'sterm alsPcmpedendoNd Councthosopponted-nerasucceso, is appointed, they-ere-exeused, member shall be pg. 6 Boards and Commissions Policy 6/17/2025 considered excused from further service unlessr reappointed. -dwMNwCA seleelshem-oroneHeFIeRaHseMemiceingecerdonee-will-nspekey VACANCIES Occasionally, a board member may be unable to finish his-erher-their term or willmay be removed by the City CounclpSeNSeENeettememdnabaloe their term ends. In such cases, Council may oppohntgreplocement to fill the unexpired portion of the term.the vecentpeslon-eybeledbyomeppohiee-RoWAseeswHReremaindereHne-olher member'ster Aine-eventevecenEYy9ECUEPNGOIFboleepalondelMHe-eCewnetmeyeppnte pew-memberlo.compleleneumewpledemeHevacontposon-APy-memberote BOGFG-OFCOmSOP-FROy-De-elgblelerre-eppeiien byneCouncumesNeN eppohnimentspohbidyeleminigionpusonssel, Anyindividudl who previously: served on a board may be eligible for reappointment. unless otherwise restricted by this Policy'st term limitation provisions. Instead of soliciting applicants for the vacancy, the Mayor may ele-eMpewouN submitted applications keptmaintoinedbyi the City Secretary's Office. If there-cre-no eppepdleepenoppiePPcHRMPONone-autobe candidates are available from existing applications. a new recruitment processr may be initiated following thesame procedures as the annual board appointment cycle.e-new-appieaH6nseHeHaNgn couidhokepisceininesomemomercsitpeciomndieces: NEW MEMBERS ORIENTATION & TRAINING MAII board and commission members ofell beares-willwill receive an oleniation.andtroning session. preseniedbythe-eil-aHorney-Ihe training course-Wilinclwde-eentelien-toreview ondciseussthe-wil. provide an overview of: Formatted: Font: Century Gothic . eGeneral duties and responsibilities of the board or commission: Formatted: Font: Century Gothic jntreduelienRole of the staff lidson-Cly-Seerelen-C-Aemesesepplieceble.end Formatted: Font: Century Gothic Formatted: Font: Century Gothic C/MenegerandescnOHneeles: Formatted: Font: Century Gothic fRequirements of the Texas OpenMeetings. Act Formatted: Font: Century Gothic pg. 7 Boards and Commissions Policy 6/17/2025 Requirements of the Texas Public Information Act Formatted: Font: Century Gothic Overview of besie-R Robert's Rules of Orderend - eApplicable ethics training- Formatted: Font: Century Gothic The orientation treining course- and training,will be free of charge andr must be completed, Formatted: Font: Century Gothic odialendes-TomdnidnelgeiNompelain-As-ainingonce Formatted: Font: Century Gothic Formatted: Font: Century Gothic every calendar year to maintain eligibility for continued: service. AbBoard members who fail Formatted: Font: Century Gothic to-deesnet comply with the training requirements may netbe-be deemed in eligible for re- Formatted: Font: Century Gothic appointment. Formatted: Font: Century Gothic OATH OF OFFICE AND STATEMENT OF APPOINTED OFFICER, Formatted: Font: Century Gothic MRAGPPEGA-RAembDeN of e-boards or commission- who are deemed considered-by Formatted: Font: Century Gothic Sele-steluele-bee public officers under state law must complete the efthe-Ciy.must Formatted: Font: Bold o--..- Statement of Appointed Officer and take the Oath of Formatted: Centered Office upon appointment. The egnedeOaN and imustbe notarized forms must be filed wihthe.endkepHine City Secretary's Office. Authorized officials to administer the Statement and Oathi include: Formatted: Font: Century Gothic, Bold The Mayor Formatted: Normal, No bullets or numbering e The City Secretary Any Notary Public, Formatted: Font: Century Gothic hesepersenseuheneamne-nesielemenkonsAgRE-Re-Meyef-Re-CH Formatted: List Paragraph, Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5" Secreleny-andonynoloypubie-ThesebBordkandcommsionsubiectiothisrequrement include: The-Planning Commission Formatted: Font: Century Gothic and-he-Sealy Economic Development Corporation Board of Directors: Formatted: Font: Century Gothic Formatted: List Paragraph, Bulleted + Level: 1 + Aligned at: 0.25" Indent at: 0.5" GENERAL DUTIES AND RESPONSIBILITIES OF BOARDS AND COMMISSIONS MEMBERS Most boards and commissions sheleetserve in an advisory capacthly.providing- end-meke recommendations to #he-CityCouncil on sematesreidiadePedke to their specific area of responsibility, established by ordinance. resolution, or goveringbylows.esehrespeeie boord'sdwlesandresponsibillies. No-member of a bBoard or commisionmembers shall: Formatted: Font: Bold pg. 8 Boards and Commissions Policy 6/17/2025 Focus on policy guidance and program recommendations peceomeinvowedAvoid involvementini the daily operations of the City or in Formatted: Font: Century Gothic personnelemployment matters Formatted: Font: Century Gothic mebegoneaHaisceke or expect special privileges, -OF project status, or Formatted: Font: Century Gothic confidential information beyond the scope of their board dulesond-nlommalion Formatted: Font: Century Gothic Formatted: Font: Century Gothic Quiside-ollheli-responsbillesasabeardmember. Formatted: Font: Century Gothic Meeting Agendas: Formatted: List Paragraph, Indent: Left: 0.54" BeardeAgendas for board and commisionmeeingioe prepared by the City Secretaryor Formatted: Font: Bold boardl liaison, based oni input from the City Manager and Department Head. withtIhe exception ist the Sealy Economic Development Corporation (SEDC), for which the agendaef asDCagen-ACNE prepared by the SEDC Secreloy.ondegendesorebosedonine eqveslolmesidlisosonepeneideeraHeOCHy-MOmgeHD accordance with applicable statutes and bylaws. REQUESTS FOR FUTURE AGENDAI ITEMS The City's Oorganizational Structure,infollows: a descending chaind of order: s-es-follows Citizens of Sealy, City Council folewedbylhe-Cilyl Manager,ande City SStaff.organized by department. Boards and commisions-olowsindePaeGPeehe--ine boordseresatCeunelspleesurein an advisory capacity.and: serve at the pleasure of City Council. Byews,erdinoneese-eCHyMonogerdesignaie-he: Each boardi is assigned astaff liaison, designated by ordinance. bylaws, or the City Manager. te-eechbeerd.In-orderforihe bordiobeprowdedineopperinyot Requesting fulure-eAgenda items : Formatted: Font: Bold Boards may be given the opportunity to suggest future agenda items only whenauthorized by: either City Council Formatted: Font: Century Gothic - The City Manager, Formatted: Font: Century Gothic . A[ Department Head,OF Formatted: Font: Century Gothic . The assignedstaff liaison Formatted: Font: Century Gothic Formatted: Font: Century Gothic pg. 9 Boards and Commissions Policy 6/17/2025 Before an itemi is added to a future agenda (except when directed by City Council).the following conditions must be met: Formatted: Line spacing: single would-be genihe-diectiweloineldegregesteNlwresgendellems-Whne Formatted: Font: Century Gothic MeePHRaHCeumetdieele,elseecyMoMeDepetmenHeadersaN laisonincludesths#Asagende-em-Sasrequredied-o-confim-lhe availability of staff time Formatted: Bulleted Level: 1 + Aligned at: 0.25" Indent at: 0.5" rogemdolsmioreorehn and preporeiheltemmust be confirmed elonsendoensrelegelamdkorecwolevoiebleinihel-ine: departmental budgetmust Formatted: List Paragraph, Line spacing: single, haves sufficient funds to cover any legal costs associated withther request to-suppert Bulleted Level: 2 + Aligned at: 0.25" + Indent at 0.5" expenses-invoM8GHP-PrOOHPg-revsenste-EMSHAgerGinances,ercredting-new. dmoncetndlwowdeguielsgdenpenie. The topic mustf fall withinthe bordiodvsowyscope Formatted: Font: Not Bold, Font color: Text 1 Formatted: List Paragraph, Add space between paragraphs oft the: same style, Line spacing: single, BOARD AND COMMISSION MEMBERS ATTENDANCE ATMEETINGS Bulleted + Level: 2 Aligned at: 0.25" Indent at: 0.5" Appreciation of Service Formatted: Left TheCitly Counclamostaserapprecialikeelvdiues, the dedication and centtibutionbyt thesewhe gre-willing to densiaihctimaiasemmuniksenice- Service of community members who volunteer their time to serve City boards and commissions. Each Any-decisionf reachedmade by enyof these boards hesani impacts-ont the entire communiv-Thsrsiea.-isducnminal present beccuse ofhobitucle abenlecimbxceranmember-ond. the integrity_and functionality oft the bodies Baarigiawhalaikalecied-Depend on consistent participation. Attendance Expectations Formatted: Font: Bold Bssisa-lhimpsankainasmsnEmisttieniansalo ensure effective governance and uphold public trust. regular attendance at all board and commission meetingsi is mandatory_Any: Mmembers who cannot is unable to attend a meeting should contectmust notify the Cily SecreteryStaff Liaison conceminghiss hersrsastas inadvance of the scheduled meeting. Attendance Violations and Consequences Formatted: Font: Bold The following attendance issues shall be consideredi neglect of duty andi may result inr removal from position: - Three (3) consecutive absences fromo a board'sr regular meetingsOF Formatted: Font: Century Gothic - gAbsence frommore than twenty-five percent (25%) of the meetings in anys six (6) Formatted: Font: Century Gothic month period sholl be deemed as neglect and be causef forremovelf fromoffice Formatted: Font: Century Gothic unless suche absencesweres due Exemptions Formatted: Font: Bold pg. 10 Boards and Commissions Policy 6/17/2025 Absences may be excused if due to unusual circumstances beyond ther member's control, Formatted: Font: Century Gothic such as icineselihemembet: Eemeneilhainenemba'speronal illness or illness of an Formatted: Font: Century Gothic jmmediate family member Formatted: Font: Century Gothic Monitoring and Enforcement Formatted: Font: Bold Ihe City Secretary's Office shall track attendance, and report any excessive absences to the Formatted: Font: Century Gothic Mayor. The Mayor will review each situction-and determine f the boardmember should be Formatted: Font: Century Gothic ecemmendedicosel to determine if ar recommendation, to the-City Council for removal is Formatted: Font: Century Gothic deemed appropriate. ROLE OF STAFF LIAISON ACitys staffr member shall be assigned as aliaison to each board or commission to ensure the BaHACRAlSReRanadminitave support. dbaminnet with City Council's goals and directives. Ihe primaryr responsibilities of the staff liaisons Formatted: Font: Bold a Coordinate annual orientation to members-P Formatted: Font: Century Gothic, Font color: Text 1 e Prepare meeting materials Formatted: Font color: Auto o Draft agendai for all meetings Formatted: Font: Century Gothic, Font color: Text 1 Formatted: Font color: Auto o Prepare staffr reports and supportive documents Formatted: Font color: Auto o Keep the members updated andi informed onrelevant projects Formatted: Font color: Auto D Offer technical data and background Informdtionrelevont to agenda items Formatted: Font color Auto . Facilitate Board Understanding Formatted: Font color: Auto o Ensure that board members understand City Council's goals and vision for the Formatted: Font color: Auto community Formatted: Font color: Auto o Provide andreference whenapplicable: Formatted: Font color: Auto City Ordinances Formatted: Font color: Auto Minimum Construction Standards Formatted: Font color: Auto Capital Improvement Plan Formatted: Font color: Auto Texas Local Government Code, Formatted: Font color Auto Bylaws Formatted: Font color: Auto Other relevant policies orr regulations Formatted: Font color: Auto . Support Council Objectivess specific to each board'srole and function pg. 11 Boards and Commissions Policy 6/17/2025 Communication and Representation Formatted: Font: Century Gothic, Bold The staff liaison shall act as a conduit between City Council andi the board or commission by - Formatted: Font: Bold attending all meetings conducted by the assigned board,and; presenting and discussing Formatted: Indent: Left: 0.04" factuali informationi related to matters being considered by the board., Formatted: Font: Century Gothic Formatted: Font color: Auto the-proposeds agendesfor smsihssERaasalslisskandssii Formatted: Normal, No bullets or numbering supporling documents paiermsuppatisenisemicesandgrevide: technicel Formatted: Font: Century Gothic, Font color:1 Text 1 dote-Thes staff liaison will ensure that the board understands Council's Formatted: List Paragraph, Bulleted + Level: 3 + Aligned at: 1.29" + Indent at: 1.54" goals andy vision for the community. and Lreferst toi the Ordinances. Minimum Construction Standards. Texas Local Government Codes and bylaws. and so forth as applicable. that govern the agendai item topics presented for board consideration. in compliance with Council's Formatted: Font: Century Gothic directive and obiectives fore each board. Thesteff licison-wille iaasmciatasmas between Council andi Lhel board The Formatted: Strikethrough lcisonshelle ctlend Cl public hearingsetbesrdse on-behalf of the Cilyand present and discuss faets pertinentt tor matters being considered ROLE OF CITY SECRETARY heGiNsecrsian-erwipoinalicesaimeina-grepareminieselihemeainss: Formatted: Strikethrough ihiescesianelihacasswwisaticinalein presentations dsmsinssisasisanmmsissdhdises members steffligisen-and CihrAltlemev-fork HsGAseStsa dutiesofthet board-gndkeep acerdsaipoarimenbassthsisisemshaiensi@pan MeaingeAclandP.biciniemmalionacliahnina-iheciwseceloperdeigneameinlains alendencerscerdkie:haimenksandsaaheasEallescensecuie absences and Lofobsences of254 ormore ine sixmonth period-The Gih-Secrelan-er desianesensresthal: propert pestingf fort aERhEaNdRssaeiaisies vacenciest Gre ackerisedsecerdinsl osaic-animshlainirecaialieems andt termlimits for boadkonicomisons aswalsmanlahniaeeAhadedeemmisoncenlae lists TheCiv-Secrelan-sdeianeeansuethatnewaliceiokesahsoialieioliceandensures pg. 12 Boards and Commissions Policy 6/17/2025 sgendaiemspiovisde: forE nominctions of officers pers ordinances and ihatmeetingsgre conductedi incomplignces wihOpen-Meaings: Acte and this policy The CivSecreloryseress ass steff ligison tot the Charter Review Commission mdstsralicemnbet of the Capialimerexement, Advisory Commitlee Meeting Administration Formatted: Font: Bold The City Secretary or designee is responsible for: Formatted: Space After: Opt Posting notices of meetings for all boards and commissions Ensuring meeting minutes are timely prepared and maintained Ensuring public hearing notices and legal posting are completed in accordance with applicable law and policy Maintaining attendance records Notify the Mayor of: o Three (3) consecutive excused absences o Absences of 25% or more of scheduled meetings within a six-month period o Ensuring: . Public notice of board vacancies is advertised in accordance with policy Accurate records of board member terms and term limits are maintained - Formatted: Font: Century Gothic Formatted Board Orientation and Member Training Formatted: Font: Bold Ihe City Secretary or designee will: Participate in and coordinate annual orientation presentations with staff liaisons Formatted: Font: Not Bold Tracko andi maintainn records verifying completion of annual training requirements: o Texas Open Meetings Act o Texas Public Information. Act Compliance and Officer Administration Formatted: Font: Bold The City Secretary or designee will also: Ensure newly appointed officers take oaths of office Verify that agenda items include provisions for the nomination and election of officers inaccordance with applicable ordinances Confirm that all meetings are conductedi in compliance with the Texas Open Meetings Act and City policy Additional Appointments Formatted: Font: Bold Staff Liaison toi the Charter Review Commission Ex-officio (non-voting)r member of the Capitall Improvements Advisory Committee Formatted: Bulleted + Level: 1 + Aligned at: 0.25" + (CIAC), Indent at: 0.5" Formatted: Font: Century Gothic CONFLICTS OF INTERESI Any board member shall comply witht ther requirements of Chapter 171 and Chapter 573of the Texas Local Government Code with respect to conflicts ofi interest. Itis ther responsibilityof eachmember of these boardst tof file a "Abstentionand Conflict ofl Interest" affidavit (Exhibit pg. 13 Boards and Commissions Policy 6/17/2025 G) witht the City Secretary's Office when a conflict exists because he ors shel has a substantial interest in a matter being considered byt the board. Substantial interest means thei individual: 1 Owns 10% ormore of the voting stock or shares of the business: 2. Owns either 10% orr more than $15.000 of the fair market value of the business: 3. Receives funds from the business that exceeds 10% of the person's gross annual income fori ther preceding vear: 4. Ownershipi inreal property with a fairr market value of $2.500 or more.or 5. Relative within the first degree of consanguinity or affinity has a substantial interest. Advisory boardr members shall abstain from participationi in a matter when ar personal interest creates or givest the appearance of being a conflict ofi interest. However. the majority of members of the same advisory board have similar conflicts of interest int the same matter under consideration byt the board. suchr members are notr required to abstain from participating or voting on ther matter. MEMBERSHIP ON MULTIPLE BOARDS lfar member iss serving on more than one board. ther member. before discussing and/or voting ona decision thati involves funding whichir impacts matters specific to another board's duties andresponsibifies onwhichsaid member serves. shall verbally disclose his/her membership on any other boardi impacted by the funding decisiontot the other board membersi in attendance at the meeting. Said member may fullv participate ini the discussion and vote on the decisioni involving funding after disclosing his/her membership ond any other board impacted by thef funding decision. CONDUCT OF MEETINGS A. The Chair of each boards shall preside at the meetings and Linhis or her absence the Vice-Chairs shall preside. The Chair shall call the meeting to order. B. The Chair shall address the posted items oni the agendai ini the order posted: however, items may be addressed outo of order as long as amotion is made. seconded. and receives approval by maiority vote. pg. 14 Boards and Commissions Policy 6/17/2025 C. Amotionmay be made by any member other than the presiding officer. As second to the motion isr required before avote can be taken. Any motion dies for a lack ofa second. D. Agendai Litems discussed and consideredl by the board may be disapproved only for legal reasons. The valid legal reason must be cited in ther motion. E. Roberts Rule of Order shall be used as aquideline to conduct meetings. F. Allr Lmeetings will be held ins compliance witht the Open Meetings Act "The Act") and shall be open to the public, except for those items consideredi in a meeting which are authorized] byt the Acti to be discussed in executive session. G. Request for future agenda items. ifi included, must be relevant to further examination of an existing agendai item BOARDS AND COMMISSION MEETING TIMES Board/Commision MeetingDay Meeting Time - Member/Appolniment * Formatted' Table ParksB Board Third Wednesday, every 3 months 36:00pm Smember-Moy even/45odd Sealy Fconomic-Daweiloment Fourthl Tuesday eachmonth 6:00pm IEICNCANE Corporation 1-46 cMenvealsypaivens Plonning/Commision Second Wednesdav eachmonth 600pm Zmembers: Ml-ndasleven vears Capitall IImprovementsA Advisory Ivpicalv.fwicer per vear. 6:00pm. EtEEEERS Committee NovembeJ Junes E&December after minimumofs 51 members: - redle lestate. Planning EESETN Commission CilySecretary ex-officio Charter Review Commission Monthly andt typically June 500pm 5members: Mavevery5vears November, every 5) years Iaxl Increment Reinvestment Iypically. once per year. onanas 6:00pm Zmembers-May Zone#2 needed basis 1-50 Cilv:6&.7fori taxinau units levvina taxesinthez roneltoerediveaz 4-66 eveny vear/13-57oddy vears APPOINTED STAFF LIAISON TO BOARDS AND COMMISSION Parks Board Public Works Poris/Siteel/Focilies, Admin Director Economic Development Corporation Executive Director of SEDC Planning Commision/CIAC CiyPlanner Assistant CityManager Charter Review Commission City Secretary TIRZ#2 Finance Director BOARDS AND COMMISSIONS ORDINANCE(S) AND BYLAWS EXHIBITS OVERVIEW pg. 15 Boards and Commissions Policy 6/17/2025 Formatted Formatted Formatted Formatted Parks Board (EXHIBIT "A") Formatted Ordinance 2023-21, Ordinance 2020-08, Ordinance 2018-06; Term: 2 years; no term limit Formatted Formatted Parks Board Overview:, Formatted Parks Board Staff Liaison Formatted . Thel Public Works Poris/Streel/Focllie: Administrator. under the direction of the Public - Formatted Works Director, will serve as the staff liaison to the Parks and Recreationl Board Formatted Parks Board Responsibilities Formatted Ihe Parks Boards servesi in anadvisory capacity.to: Formatted Formatted . Solicit funds. donations. and bequests for park acquisitions. additions. and Formatted improvements Formatted Promote and stimulate public interest in parks andr recreational programs Formatted Assisti in the planning and operation of the City' 'sparks andr recreation system Formatted Review andr monitor existing operations. and recommend improvements to better Utilize Formatted existing facilities Formatted Formatted a Make recommendations to attract. retain, and facilitate sports events. tournaments. Formatted ands sports organizations in Sealy Formatted Advise City Council on matters related to current and future sports event programming Formatted inthe City Formatted Advise and assist City Council in creating effective citywide policies for Jitter prevention Formatted andpeautification programs at city parks andr recreation facilities Formatted Parks Board Composition 4 Formatted Formatted The Board consists off five (5) members Formatted The City Manager serves as an, ex-officio (non-voting) member Formatted Parks Board Member Qualifications Formatted Members should have) knowledge or experiencei in the following areas: Formatted City parks and annual community events Formatted Formatted . Local community boards, foundations. andl leagues that support parks and recreation Formatted preservation andi improvement Formatted Community: stakeholder engagement Formatted Landscaping, horticulture, and maintenance and preservation of facilities Formatted Parks Board Term Structure Formatted Positions 1. 2, and 3: Terms endi in even-numberedi vears Formatted Formatted pg. 16 Boards and Commissions Policy 6/17/2025 Positions 4 and 5: Terms endi Inpddnumberedyeor Formatted: Font: Not Bold The-Publie Works Diecletwliserveesseliosoniebord-Pne8eereservesinen Formatted: List Paragraph, Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5" adMserycepaetPuRpesesOIsONCHA9-URAS-GRG-D8qVes5IOFPGKGeqUSHOPS, eslHonsend-mprewelspomsleondsimusiepssichnlenieresthparsend ecredlond-progromsGsaEA.RepiomAngoNdopeidionoHneporsond ecredHOns-ystem/rewewSGnd: PROPHOR-eMSHPgOPerdHoRGRdCensdesweyste bellerulI2e-eMalngiseHies-akerecemmendelionste-aleetelehn-endHelilele porsevenis-touromenls-ondorgesaonsinSedW-acMie-CHyCowncilon-molless relded-te-cureRFOnG-UAUre-spersevensP-Ae-CIy-ene-adise-end-assstCHy Counelkon-crealingelechve-ciywadepoicieslors #erPreVenOR-ORG-beHHRCAHOR Pregremsin-e-Ci Formatted: Font: Bold eseerdcensksotMeSmembe.anaeCIyMooRetsenesonekollee. Formatted: Font: Century Gothic member-The-membesdEbe-nebowHReCHPNs, Formatted: List Paragraph, Bulleted Level: 1 Aligned at: 0.25" + Indent at: 0.5" communifyb0eS-GRG-OUndeHORS,GRGes"estppertperksane ecredompreseraH6A/COPVAYSGHehole-BRdiepese@pe-GndOReUAvre knowledge-andewperemce-emdmainiemence-endpieseraleeHeHeilies-Termse memberpesHensOne,we-Gnd "veeshOHend-eVevenfwmberedyeos-end-emmse PesliensOwFandveshokend-oadnumberedyeess. Sealy Economic Development Corporation Board of Directors (EXHIBIT "B") - Formatted: Font: 14p pt Formatted: Centered No Ordinance. Bylaws amended approved by EDC 4/23/24 & amended by Cily Council on 59/24060321byEDC4 and0512.21-by CC; Term: 2 years; no term limit The Executivel Director ofthe Sedly_Economic Development Corporction willserveasstoff Formatted: Underline, Strikethrough licisente the dend-tsRe - Corporation- The adssdesseReNieCN and on behalf ofthe Chybydevalpihg-meiRasRAdevding-endnanchns: projects-as daaedsestionedlne--w-CwwwSOLIRONgN idielesiesiGevesdNaCepasienssEhe managedande controlled bythe Begrd-The-BegrdmsEmaKahensuingthe.siglegies plenz recrylmentgoalk.bwsnesislentenplon.onddeveispesispmentolcemmwnunivygmenllesend nfesthuclureimprovmenlondesponsonpseciemesthelong-emausenellheCiyet pg. 17 Boards and Commissions Policy 6/17/2025 eokaondigaw-nes CMACAaRaNA Cepie-mprovementPlan.whle ngAtieRewsRanaessadelsisd bythes SEDC Bylews he-Berdeensikselseenmemkes-The-Beardhos alhepewes-bethexpressedend impled-grantedioralonsgevemedby-Texes: Locel GevemmeniCede-Chapler-SOLel aaNCsnA: Cemperalieniepersledecceringle selelew-endikzewpepenandMa-healkeretece-Cemperalienshal be president.vicepresienkaseclneeandaese-TTheolicershal! be elected mwskPHeeerdelpceSHResaVeggrgmasmetne. he-Bearimemberiheaenenie: develepment-finence.cemmwniw davegmenlondevnoadse ofthe City ofSecly's CaARPAACN Formatted: Font: 11 pt, Underline elSeaCepielmesevementPen-ihClalsealsMaetlhe-sheeRend-heGiw Formatted: Font: Century Gothic, 11 pt, Underline Formatted: Font: (Default) +Body (Calibri), 11 pt, Not elecksihishcre: Bold Formatted: Normal hesepCBearmeellergrgigtmeting-onseamenth-entheleuthluesdew-Reguier Formatted: Font: 11 pt meeingselhe-BerthtBehatatalschdale-endinesandpiseesidesdesgnsledby-the Formatted: Font: Century Gothic, 11 pt Formatted: Space Before: 0 pt, After: Opt Board-hemaaing:hal beheldwihin-heciwelsecW-leves-aHhepincipalofliceselhe Formatted: Font: Century Gothic, 11 pt, Not Bold Cepealen-estsucalheiscaisns:ieadatPleseslermedessnete: Formatted: Font: Century Gothic, 11 pt Formatted: Font: Century Gothic, 11 pt, Not Bold Speciatmeeting:marbecsidatnerasselhenesb-anehet2-dectes-es Formatted: Font: Century Gothic, 11 pt PeFSEDG-Bylews Formatted: Font: Century Gothic, 11 pt Sealy Economic Development Corporation (SEDC) Board Overview: Formatted: Space Before: Oj pt, After: 0 pt Formatted: Font: Century Gothic, 11 pt, Not Bold Formatted: Font: Century Gothic, 11 pt SEDC Staff Liaison The Executive Director oft the Sealy Economic Development Corporation (SEDC) will serve as Formatted: Font: Century Gothic, 11 pt, Not Bold the staff liaison to the Board and is responsible for the administration ofi the affairs of the Formatted: Font: Century Gothic, 11 pt Corporation, Formatted: Font: Century Gothic, 11 pt, Not Bold SEDC Board Responsibilities Formatted: Font: Century Gothic, 11 pt The Board servesi inanadvisory andi managerial capacity.to: Formatted: Font: Century Gothic, 11 pt, Not Bold . Promote economic and community development within and on! behalf of the Cityof Formatted: Font: Century Gothic, 11 pt Sealy Formatted: Font: Century Gothic, 11 pt, Not Bold Develop, implement provide, and finance. projects as defined in Section 4B of the Development Corporation Act of 1979, now codified in Chapters 501 1-505 of the Texas Formatted: Font: Century Gothic, 11 pt Local Government Code Formatted: Font: Century Gothic, 11 pt, Not Bold Manage and control the properly and affairs of the Corporation Formatted: Font: Century Gothic, 11 pt - Assist in ensuring that: Formatted: Font: Century Gothic pg. 18 Boards and Commissions Policy 6/17/2025 Formatted Formatted Formatted Formatted o The strategic plan Formatted o Business recruitment goals o Business retention plan Formatted o Community amenities andj infrastructure mpovementyerponions Formatted meet the long-term vision of the City of Sealy Formatted Ensure alignment with the City's: o Comprehensive Plan Formatted o Capital Improvement Plan Formatted Camy out additional powers and duties as dictated by the SEDC Bylaws Formatted SEDC Board Composition 4 Formatted The, Board consists ofs seven (7) members Formatted The Board possesses all powers (expressed and implied), granted by: Formatted o Texas Local Govemment Code, Chapter 501, et seg, Formatted o Texas Non-Profit Corporation. Act The Corporation operates in accordance with: Formatted o State Iaw, Formatted o Its Articles of Incorporation Formatted o Its Bylaws Formatted SEDC Officers - Formatted . Officers of the Corporation include: Formatted o President Formatted o Vice President Formatted o Secretary, o Treasurer, Formatted . Officers are, elected annually, by the Board at the regular meetingi in. June Formatted SEDC Board Member Qualifications 4 Formatted Members: should be knowledgeablel in: Formatted . Economic development Formatted Finance, Formatted Community development Tourism Formatted Formatted Members should also be familiar with: Formatted The City of Sealy's Comprehensive Plan Formatted The Capital Improvement! Plan Thel Major Thoroughfare Plan, Formatted . The City'si infrastructures systems Formatted Formatted SEDC Board Meeting Schedule The Board holds ajegular meeting once per month, on the, fourth Tuesday, Formatted Regular meetings are held: Formatted o Within the City of Sealy, Formatted o At the principal offices of the Corporation or Formatted o At such other location as designated by the Board Formatted SEDC Special Meetings - Formatted . Mayb be called att ther request of: Formatted pg. 19 Boards and Commissions Policy 6/17/2025 o The President. or Formatted: Font: Century Gothic, 11 pt, Not Bold o Any fwo (2) Directors. in accordance with SEDC Bylaws Formatted: Font: Century Gothic, 11 pt Formatted: Font: Century Gothic, 11 pt, Not Bold Formatted: Font: Century Gothic, 11 pt Planning Commission (EXHIBIT "C") Formatted: Font: Century Gothic, 11 pt, Not Bold Ordinance No. 2014-21, Ordinance 1993-12; Term: 2 years; no term limits Formatted: Font: Century Gothic, 11 pt Formatted: Font: 14p pt The Clv-PlennerwilsereassieiiosonioineCommision-AsprowdedbythelewseHhe Formatted: Centered eleoflexasenderdnonsesoHecweingcomemisonmakes recommendelens-e-COURelHe-guide-end-directuure-grewih-end dvelepmenioHReCH, fSealy-wllrespeetolneedeplonelemumepaicemprehenswepen-The-Cemmisien moyengege-npiemningsludies-er 6 et develepmenretPBRSIOFFRPrOVemeASePne pupesedFmohngrece mmendelenste-CHyCoumet-ond'srespensbe-erdwlesgrenied-by he-exastoceiGevemmeniCedeonssAsOHReSeayClyCede,ende PRéKe-ecemmendelonsochyCounctrelalvelopwbiesHeek.didnoge,end/erHoed COnlOH-UHNy-porksendolherpubieimprevementk-Fne-Commisionssionservestemeke ecOPORdeHORSeCOUReHPGPPOpevelsmdsBdN-ORpeelsOFe-plal-e vaceleplels-eFre-pisH-looproveordsoprovevononcereqvesi-mey-holépuble ReGHngS-Frequire-bystale-ew V M; € a e CkE commendalomslelneCouneHeolele CMeGHOR-Omendmenlond-mplemenldlone-plens-p regroms-poiciesteldied-o-ulure rowihanddevelementoHneCiyesalletepweliesolewy-healondwelbeinge he-ClyrendperferseerdHResendHesGEyBerelemedee-he-Cemisien by-the-Ceunell the-Commission5SOASRGHCONSSHOHSEVER-AmembeIS.tectG-ChGiFmen enducechdion-omis-mebeMhP- The-membersshalbekowedgedbleinredlestale, develepmenk-generenesdkcomivction-BecHonEpMmbeReondengneesicensediPhesiele ofTexesshould-be-considered-es-candidates:e-knowldgeetlhe-Ordinencesesofthe-Ciyof Sed-ReCiyo-sesyCempeheswePéMePen:omdeverdhymdesiendngoHne-ciysiong ongewsoniormepsMAgenadevespmeRIGRACHAGRdme-mpaciloine AiasivcNi/aleH-hesamondwatbangaoHRecOmMNA Planning Commission Overview Formatted: Font: Century Gothic, 11 pt Planning Commission, Staff Liaison 4 Formatted: Font: Century Gothic, 11 pt Formatted: Space Before: 0 pt, After: 0 pt pg.2 20 Boards and Commissions Policy 6/17/2025 The Assistant City Manager. whos serves as the City's Planner, will act as the staff liaison to the Planning Commission. Formatted: Font: Century Gothic, 11 pt Planning Commission Responsibilfies Formatted: Space Before: O pt, After: The Planning Commissions servesi inanadvisory capacitytoi the City Council, as provided by Opt State law, and the City of Sealy Code of Ordinances to: Formatted . Guide and direct future growth and development oft the City through Formatted recommendationsi related to the municipal comprehensive plan Engage inp planning studies and develop plans for publici improvements including: Formatted o Streets o Drainage and/or flood control o Utilities o Parks o Other public infrastructure Make recommendationsi to Cily Council to: o Approve or disapprove land subdivision plats orr re-plats Formatted o Vacate plats or re-plats Formatted o Approve or disapprove. variance requests o Create, amend, and implement long-range plans, programs, and policies that Formatted affect public safety, health, and well- being Formatted Hold public hearings whenr required by State law Formatted Perform, other duties and responsibilities as referred by the City Council Formatted Planning Commission Composition Formatted: Space Before: 0 pt, After: - Opt The Commission consists of seven (7) members Formatted The Commission: shall elect a chairman andy vice- chairmanf from amongi its members Formatted Member Qualifications Formatted: Space Before: 0 pt, After: Opt Members should be knowledgeable in: Real estate, Formatted Development Formatted General construction Formatted The following! icensed professionalsi int the State of Texas are encouraged as candidates: 4 Formatted - Flectricians Formatted: Space Before: 0 pt, After: Opt Plumbers . Engineers Formatted Formatted Additionally, members should have: Formatted Knowledge of the City of Sealy Ordinances Formatted: Space Before: 0 pt, After: Opt Famliarifywithi the, City's Comprehensivel Plan - Anoverall understanding offhe City's) Jong-range planning visiono and thej impact on Formatted nfoinchm.olavedcommuntwelben, Formatted Formatted Capital Improvements Advisory Committee (EXHIBIT "D") Formatted: Font: 14p pt Resolution 2018-29. The City's Planning Commission shall act as the Capital mprovement Formatted: Centered Advisory Committee as provided by Section 395.058 of the Local Government Code. pg.2 21 Boards and Commissions Policy 6/17/2025 Term: 2) years Ihe ChNepmnsEieestsiallaienteines Come-PetesaleaiCevemmeiCese Formatted: Underline 395.058-the-aduisen-commiltee: scompasedeinellsthonemenberwheshalbe eppehtedbyemeiegeveingbedalhepeleaNndeen-NeHes:thon 40percentollhemembertpalheacMaccomilleemsberegesesentalivesofred! estele.developmentebwlingindwstewPecrenetempleyeseraleeialsolepollice! MRARESMaNeNNisaiN-laptie: abd-enhargpermenine commisionmeyeete:hecMieleeihe.cemisionincNdesallegstone epresentaive-cHhesale-devcevsmenkgehunahssiv-whetnelsnetenempleyee-er Formatted: Font: 11 pt, Underline eHealelepolelseadenivneChecelonieele Formatted: Font: Century Gothic, 11 pt, Underline member Formatted: Font: 11 pt Formatted: Font: Century Gothic, 11 pt, Underline Formatted: Font: 11 pt he-Cepite-mpreweIAM:eR-CemmileeieesihnadHEeP-SGPAi Formatted: Font: Century Gothic, 11 pt Ceunelegardinglengegrwhise-heCACecicrendesial-heCewnela Formatted: Space Before: 0 pt, After: Opt edepting-andseGEmPHRs-TeMewstheCep!ewemenkPen-meniteris: Formatted: Font: Century Gothic, 11 pt, Not Bold molementelenandReEMEeRSREReERaNSERespectlepregresset Formatted: Font: Century Gothic, 11 pt he-copidlimprexementslon-aeesCeanctalheneedieedalestewse Formatted: Font: Century Gothic, 11 pt, Not Bold Formatted: Font: Century Gothic, 11 pt smeiomisesidlimesvemetsnandintiss-Candtanshstmoleswalalie to-the Formatted: Font: Century Gothic, 11 pt, Not Bold edwisen-cemmiteesrgelesendePtwAhepeceHedeveshgantnmplementing.ne Formatted: Font: Century Gothic, 11 pt copielimprevementplen-andCewnelshatadeptsresedwskesiesferthe-edvien Formatted: Space Before: 0 pt, After: Opt cmleelelewssERSAMRgSdE: Formatted: Font: Century Gothic, 11 pt, Not Bold Capital Improvements Advisory Committee (CIAC) Overview: Formatted: Font: Century Gothic, 11 pt CIAC Staff Liaison Formatted: Font: Century Gothic, 11 pt, Not Bold Ihe Assistant City Manager. who also serves as the City's Planner. will serve as the staff liaison Formatted: Font: Century Gothic, 11 pt to the CIAC. Formatted: Font: Century Gothic, 11 pt, Not Bold The City Secretary serves as an ex-officio (non-voting) member of the committee. Formatted: Font: Century Gothic, 11 pt Formatted: Font: Century Gothic, 11 pt, Not Bold CIAC Membership Requirements Formatted: Font: Century Gothic, 11 pt As governed by, Texas Local Government Code $395.058: Formatted: Font: Century Gothic, 11 pt, Not Bold The Committee must consist of no fewer than five (5) members Formatted: Font: Century Gothic, 11 pt Members are appointed by a majority vote of the City Council Formatted: Font: Century Gothic, 11 pt, Not Bold Atl least 40% of members must be representatives of ther real estate, development, or Formatted: Font: Century Gothic, 11 pt building industriesv who are, not employees or officials of any political subdivision or governmental entity Formatted: Font: Century Gothic, 11 pt, Not Bold Ifthe Planning Commission includes at least one qualifving industry representative (not Formatted: Font: Century Gothic, 11 pt affiliated with a govemmental entity). the Commission may serve as the, CIAC, Formatted: Font: Century Gothic, 11 pt, Not Bold Formatted: Font: Century Gothic, 11 pt pg. 22 Boards and Commissions Policy 6/17/2025 CIAC Responsibilities Formatted: Font: Century Gothic, 11 pt The Capital Improvements Advisory Committee servesi in an, advisory capacity to the City Formatted: Space Before: 0 pt, After: Opt Council focusing on) Jong-term growth and infrastructure planning. The Committee shall: Advise and assist, the Council in, adopting land use assumptions Formatted Review, the Capital Improvements Plan (CIP), Formatted Monitor, the implementation of the CIP andf file written comments Formatted Submit semiannuall reportst tot the Council regarding the progress of the plan Advise the Council on the need to update or revise: Formatted o Land use assumptions Formatted o Capitall Improvements Plan Formatted o Impact fees Council Responsibilities to the CIAC Provide the Committee access to professionalr reports related to the development and Formatted implementation of the CIP . Adoptp proceduralr rulesf for the Committee to follow in performing its duties Formatted Charter Review Commission (EXHIBIT "E") Formatted: Font: 14p pt Code of Ordinances, Article IX, Section 9.13 Formatted: Centered Term: 6 months, may be extended (per Proposition 5 Amendment) hecljeceor-waseGdtbsaloneCommisioA-Te: Charter Review Commission Formatted:: Strikethrough wilbe-appoinledevedeve/weyes-meChaerOEGendedMo/22006-May10,2014, May6-217ond.MaP7.2022-Tenenetyearokcommieniwowdbe-2026te preparelerprepesedomendmenid20/elecloAbyyolegtnz8ns.then BVerY-ve-yeGs.-IAe-COPPASSIOR.WA-COAS5LOHM8-CHz8ens-ofsedy Formatted: Strikethrough heChaHer-Review-CommisoAseMeseloreMewneoperlonaHeCy/govermenkunde: MACROMeEPOWBONEOAG de BOFPIPB-WPSHAeBORSASreqURP-eVsOR,GAG-O-mGke RORARSGHORIOCH/CoRadpeposedomendments. Charter Review Commission Overview: Formatted: Font: Century Gothic, 11 pt, Underline Formatted: Font: Century Gothic, 11 pt, Underline Charter Review Staff Liaison Formatted: Font: Century Gothic, 11 pt The City Secretary will serve as the staff liaison to the Charter Review Commission. Charter Review Commission Purpose The Charter Review Commission servesi in an, advisory capacityt to the City Council for the Formatted purposeof: Formatted: Space Before: 0 pt, After: Opt pg. 23 Boards and Commissions Policy 6/17/2025 Formatted Reviewing the operation of City government under the current Charter provisions Formatted dentifying provisions of the Charter thatr may require revision or update. Making formal recommendalions to the City Council regarding proposed charter Formatted amendments Formatted Formatted Commission Appointment and Term Cycle Formatted Formatted The Charter Review Commissionis is appointed every five (5) years Formatted Past Charter amendments were adopted on: Formatted o May 22, 2006 o May 10, 2014, Formatted o May 6, 2017, Formatted o May 7, 2022 Formatted Thenext scheduled appointmentisi in 2026. to prepare for proposed amendments for the May 2027 election Formatted After 2027. the Commission will continue to be appointed every, five years Formatted Formatted Commission Composition Formatted - The Commission will consist of five (5) citizens of the Cily of Sealy Members must be residents of Sealy, selected for their commitment to publics service Formatted andunderstanding of city goverance Formatted Formatted Sealy Development Authority/-Tax Increment Reinvestment Zone #2 Formatted Formatted (EXHIBIT "F") Formatted Ordinance 2005-01; Term: 2 years; no term limit Formatted The Finance DieclerwlseweassifissoniolebeosiosOmaie-fivegreresenedie: Formatted the Cly-endpeslensswondsevencrerexemediorehsensoHnelowngunislewying-ewes Formatted within-the-Iene. Formatted Formatted heIRZBord-42makesracommendolonsloCHyCouRciconcemngine-dminstalionot Formatted e-Rneyasoprepare-e-9Fcause-0-DePrepgredend-gdeptepre)ectplGnGnd Formatted reinvesimentzone-"ncngpgnezene-ondsubPPisPtline-CiyCounele: Formatted approval Formatted Formatted Tax Increment Reinvestment Zone (TIRZ) Board #2 Overview: Formatted Formatted Staff Liaison Formatted Thel Finance Director will serve as the staff liaison to, TIRZ Board #2. Formatted Formatted TIRZ Board #2 Responsibilities Formatted Formatted Formatted pg. 24 Boards and Commissions Policy 6/17/2025 The TIRZ Board #2 serves in an, advisory and administrative capacityt to the City Council The Formatted: Font: Century Gothic, 11 pt, Not Bold Boardi isr responsible for: Formatted: Font: Century Gothic, 11 pt Moenaecommendalont tot the City Council concerning the administration of the Tax Increment Reinvestment Zone (TIRZ), Formatted: Font: Century Gothic, 11 pt, Not Bold Preparing (or causing to be prepared), and adopting a: Formatted: Font: Century Gothic, 11 pt o Project Plan Formatted: Space Before: O pt, After: Opt Reinvestment Zone Financing Plan Formatted: Font: Gothic, 11 . Submitting the planst to the, City Council for approval Century pt, Not Bold Formatted: Font: Century Gothic, 11 pt TIRZ Board #2 Composition Formatted: Font: Century Gothic, 11 pt, Not Bold Formatted: Font: Century Gothic, 11 pt . The Board consists of seven (7) members Formatted: Font: Century Gothic, 11 pt, Not Bold Position Allocation Formatted: Font: Century Gothic, 11 pt Formatted: Font: Century Gothic, 11 pt, Not Bold Positions 1-5: Reservedi for City of Sealy representatives Formatted: Font: Century Gothic, 11 pt Positions 6-7: Reserved for citizens of the taxing units levying taxes within the TIRZ Formatted: Font: Century Gothic, 11 pt, Not Bold Formatted: Font: Century Gothic, 11 pt ATIENDANCEA ATMEETINGS Formatted: Font: Century Gothic, 11 pt, Not Bold Formatted: Font: Century Gothic, 11 pt Formatted: Font: Century Gothic, 11 pt, Not Bold ReCownclsmestesoppeclivealnededcalonondeeioabyiosehoGre-ling Formatted: Font: Century Gothic, 11 pt edenaleinatimelecelocomeayewce Any-decisionseacheschedbyonyolinese-boards-has Formatted: Font: Century Gothic, 11 pt, Not Bold GAimpectenlire-cemelorele-queSAetPresen-Deceuseelnsbiue Formatted: Font: Century Gothic, 11 pt ebsenleeism-bycesdinmembes-neinlegalyelheboardasowholeisallecled. Formatted: Left nerelere-ilsimperaImGmbeAIGAigNGadlendsns-Mmsbes-AoCAmRO: endmeeS-neVArCOnISeHeN Ciyseerelonyeeneeng-sc-herdinencepioretne meeting ree13,censeeCHIIve-absences-eme-DoGK'SreguiGFmeelngsOrabsence-remmorethGn weRy-ve-pereenH25eHR6 eBHASRGRYSMGGAPeH96-SAGHDe-deemes-es neglsehamd-beeeuMReIGHEmMaHOrumeswehdBseneeEweNe-dweleunesel KCUmSGRcEBeyOR: ACA # PBADePSCOAOsVe - A * € s - € ckne - oline-member-orsomeone ARPReRBOPNA - € - lelom-echyseeeony exGesSe-Gbsencestetne Meyer. Tho-Myo-wlewoweOchAvaNcAgNddelemineilne beardmembershesiendendedolcyGewneHHemeva BOMEOESTAEHASOM pg.2 25 Boards and Commissions Policy 6/17/2025 ASGmembeS8-ESG-ese eH 1 e-e8eh-D08Fe-ensVe'e-eAe-GHy AlomeyprowidesenamAVaioseniaioloniomemepepore-mepropowesedegendesioral meelings-prepere-slelrepeHsnd-prewevide-suppeHng-deeumeRS/PeHO:SUPPeserees amdprowde-iechaicidag-1nstemaiNumdesionds-Counclks goaksendwsionierORMNyOndieiesioineoAdomoE-MinwmConsiauclion BASGHS,eMe-GOMeReRECedesenaSGAG0-G#-8H-ePpHeeBe,#e govemine-egendeemiepictpeseenledie-boardconsderalom-ncemplancewil Geumells-dieeliveendesyPeliereeeh-beerd. he-stellGsemmVRIeeHORGeRdVDelweenCeuneland-he-beerd-The AdddiedapacAGgraiass A-DenSeHeCIyGAG-presentend-diseuss sels-perinente-Hes-benSd ROIEOFCHESECREAB Re-CHsecreloyordeNgmeeM-PAselseretmseieeAEre-meelgs, PMSePSASHNeS E Deee.t - echrieeyerdeiyreyeeMtpsNepaen presenlielionsekennswaiboerdeleaiemtommesigrwiembes-slelfieisen-end ACEYePDNBHPS-ORPMeH ures-egeespenss e S, 6H#8S-8H-BeGH6,GAG-eeP eeerdseHbeerd-memberlig- emAweHeiningeeguemeisekeemeempieHeReHOpen Meelings-ACHGAG-PUBHER-ACHGIg-CSeGHIGesgnee-mGiGIS endenee-reeecer6eFDeGHeBeORE-AGHES-RE-Keey9reHreeeenseevlive ebsenees-end-eR-W-PGAPeH96-BCIreleryer sesgnesensures-ASHPrePerPesHAg-eFPUB - OGHASSEER e ersemethrelsest veseneesGreedMeasdseeerdmges perey dmshescaatemsonemia erberdk-endeemmssonswekesmanonsoewoleboerdendeemmisien-eenleek -The-ClySecrelaryerdesgnes SUFeS-#AG-AeW-GHCeH-ake-08-08HAS-BHOHCe-GAG-ensureS genGe-ERASPHOWBeHOFROPAPeHORSeHOeeeISPePOMERGRORC8SrenG-PGH#ReCHSS-ERe CendveledR-GempieneewOpeMesingAcHends-peley ReCySecrelory-senesossalloionioimeChateReweW.COmmisioA and-es-ex-olicie-memberek t CAPIHRPOGRSAAdMYCeMRSe pg. 26 Boards and Commissions Policy 6/17/2025 CONRICISOFNIEREST Anyboardmemberhaicompan.aiChople-llonaChapiers73e ho-exesteeaiCevemmeniCedewaepeeHoconlelHeeerespensibiiyei eschmemberelnes-Absenionomdconticiolaeeses'alidewtBbH WIIRe-CSesrelsrys Olipemhanocoalicieeharo.bacaist nieres-Re-mellerbeingee AsiCereeH byhe-berd-Sebsiesaeemeoms-heindwidvak OMm-Gko-meresHveiyeerwebane 21 Oweseiher1o%-ermere'hethensI5,00elneleirmarketvaleelthebusiness 31 Reeelves-lunds-remHebusnes-nsHexeeds-OHepesen's-gressGnnveN AApaeeT 4 OwmehpinreaHprepeywAGiGrmGHevGeGHAe 5 Reidlive-win-he'adegsedkeensewnyedhesesubstonial interest: AGMISSR/DOGRGEISSAdHaBSKei-eR-PeFHCAPeHOPPG-RGHePWAeR--PesesenGHnteres: eieaierergMeFRSePpvenedeeengecontiehoHne - omeveremsyeN memberseHhesesemeedMseybeeordhevesanloreenlekseHineesane-mele: AGereeAsGeNSHOAHOA-Y-Re-DeGH sue mbesere-eHegedHesbsiainiem PeHlepelngervelngen-emales MEMBENSHPONMMVPEBOARDS e-mePABeFISSEMAAS-OP-mere: * - O - et beerd-e-memberbeleredseusingendervelng eRe-deekien-hGHNvONes-undin V ch-impeets-meGHC-e-eReHBFDeerd's-dules GAG-espensD-WACA-SEN-PROPDeFServeS-SAGI-Vbelydiselesse-ASAABFPRER myalna-BerdmpselkPaSHyaAngASRaeNerseaid-memeR eHendence-sHe-memselng-solmemsermorhpasteedkeseusiemendveis-en Re-GBCHIGPFMOMPSVRG94HeH Cliselesing AFPEMBeMMPSPSPYSe-5eeNd mpseledby-he-undingdeeiien CONDUCIOFMEENGS pg.27 Boards and Commissions Policy 6/17/2025 Ae-CReereeGeA-SeGRdsRe-presee-eH emeelings-enGFheFebseneete MeChoHaatpsde.Caale-meeingieoide BA e-CReFSAGaeres-ReposeecHemsenend6-PRe-EeEpestee: howevesemsmoybeadiesedowoiorderdsibongasomoionimodesecended, GAG-eceMesGeppreva-DymGenyvete CA AONOPGybemede-byGny-me AE PHeHROPHRPreNigHeeA second-o-he-molionieqviedbeloreavele-conbe-oken-Arymolion-dieslore eekete-secend DA Agendailems-disessedond.consderdby-neboordmoybedssapprovedonk erlegeHeesens-Inevekdegetean-mutbe-elea, - Roberis-RuleotOrdersha Beuddrecalaselsgonaeimssinge A AEmselgbeeMencomponcewpenweeHg-ACHPReAe7 endhelbe-epentelhepwbiereweeMeepHe-hveiememsceniderednene-meeling-which B8-8U#ReH296-bbe-4sevssee--eMeSHVe-SesSeR, ReguesHe-luluee-egende-ems ReNded-mu-BereyenHe-VRe: EXGPIRGHORGREMSHg-eende-en MEEHNGIMES Beard/Cemmisien Meeling-Dey Meeling MembewAppehaime Time k-Beerd 6:00pA Eme e 4ey13e A/45ede S yEconomie Develepment FeyRS 6:00pm 7A ers Mey er2Cye unei C peretien 5.7 ade ars FangCemiso Secend-Wednexdeyesehmeni 6:00pn Mey edlel/5 e e ---- ypicalrwiceperyeer-Novembers 6:00pm 6 Ce ommillee December d Cily ey ERabCOmisN yoaype 5:00pm Mey ees November every Syeers Inerement Reinestmentz Zone #2 Typicellye ence per 1 ee eF A 6:00pm Zme n mbereA ay needed-basis APPOINTEDSIAFF HAISONIO.BOARDS ANDCOMMISSION Parks-Board PublicWlorks Director pg.2 28 Boards and Commissions Policy 6/17/2025 Ecomemie-DevelepmepmmeniCerperslen EweueieeraDe PoySeMGNG CilyPlenner CherlerRevewCemmissien Giy-Seereter TRZ#2 Fnenee-Dieeler 6 ALY EXAS Zn CITY OF SEALY BOARDS AND COMMISSIONS POLICY SIGNATURE PAGE I HAVE A RESPONSIBILITY TO PROTECT THE INTEGRITY OF OUR GOVERNING PROCESS AND THEREFORE HAVE READ AND AGREED TO THE ABOVE GUIDELINES. BY AFFIXING MY SIGNATURE, I ACKNOWLEDGE THAT I WILL ABIDE BY THE CITY OF SEALY CITY BOARDS AND COMMISSIONS POLICY AND PROCEDURE. Printed Name Signature pg.29 Boards and Commissions Policy 6/17/2025 Date Participated in Orientation on date of: Completed Open Meetings Act training on date of: Completed Public ntormation Act training on date of: SEALY p TEXAS BOARDS AND COMMISSIONS POLICY RESPONSIBILITIES OF BOARDS AND COMMISSION MEMBERS Tol be: selected as a City board or commission member is a high honor and provides an unusual opportunity for genuine public service. Although specific duties of each vary with the purpose for which they are formed, there are certain responsibilities that are common to all members. The following is a summary of those responsibilities: 1. Understand the role and scope of responsibility, serving at the pleasure of City Council, in an advisory capacity tor make recommendations on issues specific to the board's duties and responsibilities. Be informed of the individual board or commission's: scope of responsibility and operating procedures. 2. Members are required to complete training on the Public Information Act and Open Meetings Act and submit a certificate of completion, preferably prior to performing any official duties as a Board and Commission Member, but not greater than within 60 days of appointment to board. 3. Be careful tor represent the majority views of your individual board or commission. Individual "opinions" to the public and press are discouraged and, if given, should be identified as such. 4. Members should represent the public interest and not special interest groups. 5. Members are in a unique position of serving as a liaison between the City and the citizens and can help tor reconcile contradictory viewpoints and to build a consensus around common goals and objectives. 6. Do your homework and be thorough inr recommendations. View situations under consideration prior to the meeting in order to bet fully prepared to discuss, evaluate, and act on all matters scheduled for consideration. Conclusions based on careful preparation will strengthen the value of the group's recommendation. 7. Supportive relationships with the City Council and City staff are basic for successful operation of any board or commission. In contacting City personnel on items of consideration, the proper channel is through the designated City staff liaison providing staff support for your group. Board pg.30 Boards and Commissions Policy 6/17/2025 members may not become involved in the daily operation of the City or inj personnel or employment matters, nor be granted special privileges or project status and information outside of their responsibilities as board members. 8. Establish a good working relationship with fellow group members. Respect individual viewpoints, allow other members time to present their views fully before making comments, be open and honest, welcome new members and strive to minimize political action on issues. 9. Council appointments to boards and commissions are made without regard to political party affiliation. Members are not restricted from participating in political activities; however, members should not use or involve their membership in the conduct of political activities. EXAS AHISTORYO or EXCFLLENEE FUTURE OFF PROGRESS SEALA APPLICATION TO SERVE ON A CITY OF SEALY BOARD OR COMMISSION (Use this form when the applicant is not currently serving) pg.31 Boards and Commissions Policy 6/17/2025 APPLICATION FOR APPOINTMENT TO CITY OF SEALY BOARDS AND COMMISSIONS The City Council will use this application for their selection of individuals for appointments to specific Boards and Commissions that were established to assist and advise the City Council on specific issues. All information provided in this application is public information pursuant to the Texas Public Intormation Act Alli individuals appointed to serve on a Board or Commission will be required to complete training relative to the Texas Open Meetings Act and Texas Public Information Act Name: Phone Numbers: (Home). (Mobile). Residential Address: Email: Business Address: Business Telephone: Do you live inside the city limits of Sealy? Yes No Ifs so, how many years? Are you registered to vote in the City of Sealy? Yes No Ifr no, Do you live in the extra teritorial jurisdiction of the City of Sealy? Yes No Do you live in Austin County? Yes No Are any immediate family members employed by the City of Sealy? Yes No pg.32 Boards and Commissions Policy 6/17/2025 Ify yes, please specify: Do any immediate family members serve on Boards or Commissions in the City of Sealy? Yes No; If yes, please specify: Indicate the following Boards and Commissions you are interested in serving on: (Please indicate Yes or No and rank preference by number with 1 being the group in which you are most interested) Name of Board/Commision Yes No Rank Economic Development Corporation Parks Board Planning Commission & Capital Improvement Advisory Committee Charter Review Commission (every 5 years, next appointment! in 2027) Tax Increment Reinvestment: Zone (TIRZ)# #2 Occupation/Areas of Expertise: Work experience applicable to the City Board or Commission for which you are applying: Have you attended a City Council meeting? Yes No Have you attended a Board or Commission meeting for which you have applied? Yes No Do you have knowledge/raining regarding the applied Board or Commission? Yes No pg.33 Boards and Commissions Policy 6/17/2025 List any specific nowledge/lrdining/expenence that qualifies you to serve in the position(s) indicated: Do you have knowledge/expertise in any of the following areas? Please check all that apply: AREA OF ANOWIEDGE/EAFEISE YES NO Staff Use Only: Real Estate/ Development P,S Manufacturing/ Industrial Operations P,S Business Development P,S Law/ Contractual Administration S,T,CR Building/ Construction P,S Banking/ Finance S Promotion/ Marketing S, Parks Business Management S,MS Strategic Planning/ Project Management P,S Event Planning/ Tourism/ Sporting Events Parks Landscape/! Horticulture Parks Historic Preservation Parks Do you currently serve on other Board or Commission at this time? Yes No Ifs so, which Board or Commission? Do you have any business or personal relationship with the City of Sealy that would affect your ability to have impartial judgement in City matters? Yes No If yes, please explain: What do you hope to contribute to the community by serving on the Board or Commission to which you applied? pg. 34 Boards and Commissions Policy 6/17/2025 List any civic, community, or volunteer activities with which you have been involved that you feel should be considered: understand that if any member of the public makes a request for information included in the application for appointment, it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and hereby release the City of Sealy, and its agents, employees and officers from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. Iswear that all of the statement in my application are true and correct. hereby affirm that am aware of the requirement of the position and certify that meet those requirements. Applicant Signature Date All applications must be: signed and submitted tot the City Secretary. If there are no vacancies at the time ofs submittal, all applications are kept two (2) years fromr receipt of the application and will be destroyed as mandated. Please call (979) 885-3511 or email vroblec@cisedyikus any questions to the City Secretary's office. Submit applications by mail to: City of Sealy P.O. Box 517 Sealy, Texas 77474 Ore email application to: svroblec@cisedikus: pg.35 Boards and Commissions Policy 6/17/2025 SEALY TEXAS AHISTORYO r EKCELLENEE N ATUTURED ar PROGRES: APPLICATION FOR REAPPOINTMENT TO SERVE ON A CITY OF SEALY BOARD OR COMMISSION (Use this form when the applicant is currently serving) pg.3 36 Boards and Commissions Policy 6/17/2025 REQUEST FOR REAPPOINTMENT TO CITY OF SEALY BOARDS AND COMMISSIONS The City Council will use this application for their selection of individuals for appointments to specific Boards and Commissions that were established to assist and advise the City Council on: specific issues. All information provided in this application is public information pursuant to the Texas Public Information Act Alli individuals appointed to serve on a Board or Commission will be required to complete training relative to the Texas Open Meetings Act and Texas Public Information Act Name: Phone Numbers: (Home). (Mobile). Residential Address: Email: Business Address: Business Telephone: Do you live inside the city limits of Sealy? Yes No Ifs so, how many years? Are you registered to vote in the City of Sealy? Yes No Ifr no, Do you live in the extra territorial jurisdiction of the City of Sealy? Yes No Do you live in Austin County? Yes No Are any immediate family members employed by the City of Sealy? Yes No Ify yes, please specify: pg.3 37 Boards and Commissions Policy 6/17/2025 Do any immediate family members serve on Boards or Commissions in the City of Sealy? Yes No; If yes, please specify: Indicate the following Boards and Commissions you are currently serving on, and those you are interested in serving on in addition to your current Board or Commission: (Please indicate Yes or No and rank preference by number with 1 being the group in which you are most interested) Name of Board/C Commission Currently Additionally Rank of Interest/ Request Economic Development Corporation Parks Board Planning Commission & Capital Improvement. Advisory Committee Charter Review Commission (every 5 years, next appointment. in 2027) Tax Increment Reinvestment, Zone (TIRZ) #2 In the appropriate line, please indicate what year you began serving on the above indicated Boards or Commissions, and the number of terms: Name of Board/Commision Member Since (Year) Number of Terms Economic Development Corporation Parks Board Planning Commission & Capital Improvement Advisory Committee Charter Review Commission Tax Increment Reinvestment: Zone (TIRZ) #2 If you are applying to serve on an additional Board or Commission, please explain what you hope to contribute to the community by serving on the Board or Commission to which you applied? pg.38 Boards and Commissions Policy 6/17/2025 understand that if any member of the public makes a request for information included in the application for appointment, it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and hereby release the City of Sealy, and its agents, employees and officers from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. Iswear that all of the statement in my application are true and correct. Ihereby affirm that am aware of the requirement of the position and certify that meet those requirements. Applicant Signature Date All applications must be: signed and submitted to the City Secretary. If there are no vacancies at the time of submittal, all applications are kept two (2) years fromreceipt of the application and will be destroyed as mandated. Please call (979) 885-3511 or email vroblececiseoly.kKUs any questions to the City Secretary's office. Submit applications by mail to: City of Sealy P.O. Box 517 Sealy, Texas 77474 Ore email application to: swroblec@cisedlykUs pg.39 Boards and Commissions Policy 6/17/2025 CITY OF SEALY BOARDS AND COMMISSIONS POLICY ABSTENTION AND CONFLICT OF INTEREST POLICY Board and commission members who are present at any board or commission meeting shall vote, and have their votes recorded in the minutes, upon every item requiring action. In the event the vote involves the member's conduct or a conflict of interest, the member shall abstain from voting and the reasons for such abstention shall be noted in the minutes of such meeting Should any member of a board or commission choose to abstain from voting on any question before the board or commission, and no declared conflict of interest exists, such abstention shall be recorded in the official minutes of the meeting and shall count as a vote against the motion pending before the board or commission. If a member of the board or commission, or a person related to such board or commissioni member in the first degree by consanguinity or affinity, as determined under Chapter 573, Texas Government Code, has a substantial interest in a business entity or in real property, the board or commission member shall file, before a vote or decision on any matter involving such business entity or real property, an affidavit stating the nature and extent of such interest and shall abstain from further participation in the matter if: 1. in the case of a substantial interest in a business entity, the action on the matter will have a special economic effect on the business entity that is distinguishable from the effect on the public; or 2. in the case of a substantial interest in real property, it is reasonably foreseeable that an action on the matter will have a special economic effect on the value of the property, distinguishable from its effect on the public. The affidavit must be filed with the City Secretary. pg. 40 Boards and Commissions Policy 6/17/2025 Ifab board or commission member is required to file and does file an affidavit hereunder, said board or commission member shall not be required to abstain from further participation in the matter requiring the affidavit if a majority of the board or commission is composed of members who are likewise required to file and who do file affidavits of similar interests on the same official action. A sample affidavit is attached per Exhibit "H". pg. 41 Boards and Commissions Policy 6/17/2025 SEAL EXAS ITATET CITY OF SEALY BOARDS AND COMMISSIONS POLICY ORIENTATION CHECKLIST FOR STAFF LIAISON Appointment tol board approved by Council on (Date). Assemble board members, City Secretary, City Manager, City Aftomey and Department Head to attend annual orientation Orientation Agenda/Packet should include: A. Policy page 17 - Responsibilities of Boards and Commission Members B. Review of Orientation & Application Policy for Boards and Commissions, specific to board or commission: Term of Office, as established by Ordinance, Bylaws, or Texas Local Government Code. If ar new member is filling a vacancy, identify the remainder of unexpired term Furnish members with contact information for all board members Furnish members with Ordinance, Bylaws or Texas Local Government Code that establishes their powers and duties Each staff member, who will participate in board or commission process or meetings, in any capacity, should be introduced to the board and allowed to make a presentation as desired City Secretary should inform members of their annual responsibility to complete training inl Texas Open Meetings Act, Texas Public Information Act, and provide an overview of Robert's Rules of Order. Board and commission members may be requested to complete certain ethical training. The City Secretary should provide the members with options and access to complete the training General Duties and Responsibilities specific to board or commission ) Provide an overview of board's primary purpose, types of agenda items and topics of discussion, how their areas of expertise can be applied to result ini final recommendations to City Council Attendance requirements (page 11) and advance notice of absences to be reported toi the City Secretary Review Conflicts of Interest (page 13) and requirement to complete Abstention and Conflict of Interest affidavit as applicable, including recusing self from discussions when necessary Review Conduct of Meetings and Meeting Times Discussion about future agenda item requests pg. 42 Boards and Commissions Policy 6/17/2025 EXHIBIT 4 A' PARKS BOARD Ordinance 2023-21 (Pending codification) pg. 43 Boards and Commissions Policy 6/17/2025 ORDINANCE NO. 2023-21 AN: ORDINANCE OF THE CITY OF SEALY, TEXAS, AMENDING SUBSECTION: 70-32(A): OF SECTIONE 70-32 OF: ARTICLE 1 OF CHAPTER 70 OF THE ÇODE OF ORDINANCES OF THE CITY OF SEALY; TEXAS; PROVIDING RULES AND REGULATIONS FOR THE PARKS BOARD; REPEALING ALL OTHER ORDINANCES. OR PARTS OF ORDINANCES IN CONFLICT OR INCONSISTENT WITH THIS ORDINANCE; PROVIDING FOR: SEVERABILITY PROVIDING A PENALTY: AND PROVIDING AN: EFFECTIVE DATE. WHERÉAS, the City Gouncil finds that the terms of the Parks' Board needs to be changed to ensure a quorum, can be established to conduct city) business; NOW: THEREFORE, BE IT ORDAINED BY: THE CITY COUNCIL OF: THE CITY OF SEALY, TÉXAS: SECTION1 The facts and recitations contained int this preamblet to this Ordinance aré true and correct and incorporated herein for all purposes.. SECTION 2 Subsection 70-32(a) of Section 70-32 of Article I of Chapter 70 is amendéd to read las follows: "CHAPTER 70 - PARKS AND: RECREATION ARTICLE I PARKS BOARD Sec 70-32. Terms of members; filling of vacancies; removal.: (a). The terms of theimembers of the parks board shall be for two years and shalll be as follows;: (1) The terms of positions one; two and' thrées shall end in even-numbered; years. (2) The terms of positions four and five shallend in odd-numbered: years." SECTION 3. Repeal; AIl ordinances or parts of ordinançes in conflicti herewith are repealed. SECTION 4, Severability, In the évent any section, paragraph. subdivision, clause, phrase, provision, sentence, or part of this Ordinance or ther appliçation of the pg. 44 Boards and Commissions Policy 6/17/2025 same! to any person or circumstance shall for any reason, be adjudged invalid or held unconstitutional. bya court of competent jurisdiction its shall not affect, impair, ori invalidate this Ordinance as a wholeic or any part of provision hereof other than the part declared to be invalid or unconstitutional; and the, City Gouncil of the City of Sealy, Texas, declares - that it would. have passed each and every part oft the same notwithstanding: the omission of any such part thus declared to beinvalid or unçonstitutional, whether there be one or more: parts. SECTION 5 Penalty Any person'who violates or causes. allows, or permits another tos violate any provision of this ordinance. rule, or police regulation of thes cityshall be deemed guilty ofar misdemeanorand, upon conviction thereof, shall be punished bya fine or penalty not to exceed five hundred dollars ($500:00) f such rule, ordinance, or poliçe regulation governs fire safety. zoning, or public: health'and sanitation, other than the! dumping of refuse the fine or penalty shall not exceed two thousand dollars ($2,000.00) If such rule, ordinance or police regulation governs the dumping ofrefuse, thé fine or penalty shall not exceed four thousand dollars ($4,000.00): Each occurrence of any violation of this ordinançe; rule, or police régulation shall constitute a separate offense. Each day on which anys such violation of this ordinance, rule, or policé regulation occurs shall constitute a separate offense SECTION! 6. Effective Date This Ordinance shall be effective immediatély upon second reading andienforceable when published as required by law. PASSED AND APPROVED at this first reading on the 20t day of June 2023: PASSED AND APPROVED at this secondreading: onit the 5th day of July 2023 MAh bki Carolyn Bilski, Mayor ATTEST: Xon G Vral Alcc Sandra Vrablec, City Secretary Page 20f2 pg. 45 Boards and Commissions Policy 6/17/2025 ARTICLE II. PARKS BOARDI Sec. 70-31. Created; membership. There is created and established a parks boardi in and for the city. The parks board shall consist of five members, who shall be appointed by the mayor, subject to confirmation by the city council. Members of the parks board shall serve without compensation, and each shall be a resident of the city. The city manager shall be an ex officio member of the board. (Ord. No. 95-18, 1, 10-11-1995; Ord. No. 99-16, S 1, 11-10-99; Ord. No. 2007-02, $ 1,7-11-2007; Ord. No. 2018-06, S 1, 2-27-2018; Ord. No. 2020-08, S 2, 8-4-2020) Sec. 70-32. Terms of members; filling of vacancies; removal. (a) The terms of the members of the parks board shall be for two years and shall be as follows: (1) The terms of positions one, two and three shall end in odd-numbered years. (2) Thei terms of positions four and five shall end in even-numbered years. (b) The terms of such members shall continue until their successors have been appointed and confirmed. In the event of death, resignation or removal, appointments shall be for the balance of the term of the position. (c) Three unexcused absences of any member from any regular meetings of the parks board shall, at the discretion of the mayor, render any such member liable for immediate removal from office. (Ord. No. 95-18, $ 2, 10-11-1995; Ord. No. 99-16, S 2, 11-10-99; Ord. No. 2007-02, $ 2,7-11-2007; Ord. No. 2018-06, $ 2, 2-27-2018; Ord. No. 2020-08, $ 2, 8-4-2020) Sec. 70-33. Organization. The parks board shall organize by electing from their membership a chairman, a vice- chairman and a secretary, each of whom: shall hold office for one year or until his successor shall havel been elected. A majority of the members of the parks board shall constitute a quorum for the transaction of its business. The parks board may adopt its own rules of procedure for the conduct ofi its business, subject to the approval of suchrules by the city council. The parks board shall keep a record ofi its proceedings and shall file the record with the city secretary. (Ord. No. 95-18, S 3, 10-11-1995) pg. 46 Boards and Commissions Policy 6/17/2025 Sec. 70-34. Purposes. The parks board shall serve in an advisory capacity to the city council regarding policy matters pertaining to city parks, sporting events, recreation, litter prevention, waste reduction and beautification programs. The parks board shall have the following specific purposes: (1) Solicit funds, gifts and bequests for park acquisitions, additions and improvements. (2) Review and make advisory recommendations to the city council on proposed park acquisitions, additions and improvements. (3) Review and make advisory recommendations on parks and recreation matters submitted by the director of public works or the city council. (4) Promote and: stimulate public interest in parks and recreational programs, and assist in solicitation of the cooperation of public and private agencies that may have a direct or indirect involvement in parks and recreation. (5) Review and make advisory recommendations to the city council on changes, modifications and amendments' to parks and recreation policies of the city. (6) Attract, retain, and facilitate sports events, tournaments, and organizations in Sealy, thereby helping our city realize the economic, social and communifly-buiding benefits of sports. (7) Advise the city council on matters related to current andi future sports events in the city. (8) Advise, support, and collaborate with organizations within the community to attract sports tournaments and sports tourism toi the city. (9) Advise the city council on whether adequate and appropriate facilities exist for current and future sports events and tournaments. (10) Advise and assist the city council on creating effective citywide policies for litter prevention, beautification programs, and waste reduction in the city. (Ord. No. 95-18, S 4, 10-11-1995; Ord. No. 2018-06, $ 2, 2-27-2018) Sec. 70-35. Limitation of powers. The parks board shall have no right, power or authority to obligate or bind the city in any manner whatsoever. (Ord. No. 95-18, S 5, 10-11-1995) Secs. 70-36-70-65. Reserved. pg.47 6/17/20254/2/2024 EXHIBIT "B" SEALY ECONOMIC DEVELOPMENT CORPORATION (AMENDED) BYLAWS May 9, 2024June 3,2021 pg.48 6/17/20254/2/2024 AMENDED BYLAWSOF SEALY-ECONOMIC- DEVELOPMENT-CORPORATION aesyowsgoemedtANACONOWACODVEOPMENE CORPORATONhe-CerperaHen ememprolideveopmentcorporeHoncredted eabeeseeN CepAdSN 5950HBelexestecaiCovemmen-Cede-#Re-Ae GomendG-Rdee appHeeble-lews ARTICLE1 Pumese 1.01 ReCerperaHenS € epededaeORPeN: pSNAGPPeN HSRIReARC:dH A * e cerpere 1. thec € ckonbeNatatscNyt ed-leMaS-A-VARerance-GHRe1 publie urpese efthe Actene moyengege-AGnY PMP/8cHGVIRORReG-nderypese e nes cerporcOn POPOICOPONen: delned-byhe-inte-RIerS-ReVeRve-Cede-et1986 - es-emended.end-me-eppleeeblerulingsef Re-AierAS-RevenveseNiSeGHRe-Unied-sialesprs ese - e € Gnd-promuigaled-hereunder. dCPON TexesCi raelices-and Remedies-Cede-ine Coporalion-isegovemeNaHuiansI-GelOns-Gr: ovemmentel-functions.The CorperHOnshlAet-be-e-poHs celsubdiwision-eF epet CC COpedHOA-WARAIRe meaning-elhe-Censllution - edthe Hewsefthe-stete-oflexes aMdnp-aRVAn Aficle-lSeclone-lewes-CenslHOn Powess 1.02 UPORF-OHs-cerpere: purpese, the CorporeHon-s4 ype-s-cerperaHen andshalbegovemedbyeAcIondpecaceChopl-sasaoca Govermen-Cede,OndsGERaVe-Glhe-powes - à HoH-ondconlemes-ASAfeles-et ACOFPOFaHOR-RIReA Act,endi in - her eppl 6 ce lewsubjeet AH -midioN-pecNbed herein-and-herein-ondeepw: Principal Office 2.01 RePHRCPG-OHCe-GRGHReregsieredolcedHeASAOIDe-ne gedelisedaCePesibnipeciadns MIdepeaLAS cegHerg-wedogeatsdidobe Athinthe! 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Vacancies af President Vice President Secretany snd Treasurer 4.04 AvecancyinenyelicemoybelledbyineseadetDirecios-erine URepHed-POHgRGHealieePe President 4.05 ThepresidenishallbehecHefeecuiedliceroHeCe-Comporalion-ne presidenishsupense-and-ce-busnessand-aHSOHRe-CesporeHon-and Rus-Be-elecled-FORAGPRORg-ReH members-ofthe-BOGFd.Re-Presidenshape atsaC- The pre esie e Atshdllexecwlealdecumenisend greemeisdiecingHR8CORPORdHOR scept where-such PowersewPressy-delegered-te Gnetherefficer GHR-Corperalon F the Executi Drecler-epresdentsnOHPeHo pg.53 6/17/20254P/2024 alherdvlesprescbedbyelsdaibiecsst he-president. Mice-Prasiden! 4.06 When-he-presicentisabsentURaBe-leGeluseste-aet-the-vice presdentshalpeioommheduliese F ne-presicen MheneetlngimplacedHhepresdent, he-vicepresidenishel-heve lhepower Ee dutiesas-the Presidentand-besubjecHe didlmeinoiomsondeaospcedupon the Presidenf-ReMcepresidentus: besleciedOmomong-hemembersolhe-boord, Secretar 4.07 he-secreleryshels GNeGHRONC8GEPRABA GMEFdRVIRSbPSw. -TakemiviesdlihnemsingiatnasooatDicbosondkoepineminuies esparteHhe-comperalerecerds. -Maintoincustodyofthe corporate-records/euinentcele-cerperale-documents da-ReadHReCepsoioAdRed. 4-KeepeiegisleroHe-maingdeiesdlegchdiesierandalcerHHhe-Coporalion -PeeadyHesese:8:9519m8d-5yRe: presie snloroadatDiecios, Perfommallduesineidentte-he-eHceeofsecrelery-hesecretery-eyeiherbe elected om-amongthe-members-e: * ee boardoraHhe-oplees AGA-Ae-membe-SedRGnd/OFmey-De-employeeseHne-C Iessurer 4.08 Thelreesurershol: H6vechageondeusisdetonberpensbelsrdlumdkond secuilieselhe-Cerporation- B-Recee-andgwereceipisiermeneys-due-and-poyable-t-me-CerperalsOFGHOP-FOm-GRY source -Depositallmoniesinthe AOm8GHR8COAPoraNBOAK-s compenies.orolhedeposoie-as-hatbeselecledbyhe-Beardot Directors 4-WiechecksenddSdEedkchsgesageEaion: MGRGPREIRORCBE BOOKEORdHecOidOHR8-Copoidioe. Pepoenoncarepons GHees-Gnnyell -Pielomm-olherdHese:esgnedbyne-Beard-ofDectes -PeHOFPA-GdURSIRCIdenHO-ReOICe-GFeedsureF-ReeGUeFGYDe elherelecied-FePAGRROP9#PeFRemmembeIOHRebOOFSOFeHneopHoneHhe Beard,bepersenFROR-R4nemembersead,Gnd/ormeybe pg.54 6/17/20254P/2024 employesseHe-Ciw. Fxecutiva-Direcla: Formatted: Left, Indent Left: 0.3", Hanging: 0.2", Right: 0.53", Space Before: 2.9 pt, After: Op pt, Line spacing: Multiple 1.27 li, Numbered + Level: 1 + 4.09 Theremey-beonEiscuiveDrecterdHns-Cesperalienwheshal.be Numbering Style: a, b, C, + Start at: 1 Alignment: responsible-forthe-GdPRASaHPne-dHEeHRe-Cerporation-The Left Aligned at: 0.28" + Indent at: 0.47", No widow/orphan control, Don't adjust space between MeCAveDecIoFRaHBe-GnemPsyee. 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Amend412219.22P Execulive Director and Main Streat Precrem Manager 4.10 The-MainSietPegm-MoagerhGEbegmemPbyee-oHhe-Ciybw meybeswpenised-beCopocionbweDladeiovhosedbylne yOSedW-WARGPPOMdIOHRSCHA MCH eger, the SMecWiveDeclemey empley-suspend, TOFAneH veluete teke CE mp 6 ymenkoctondeemed RecessePyegerding: me 88H99GR.MOR9e: AmeAded76-19 ARTICLEV Contracts 5.01 The-BeardetDkeciosmoybyiommaleHORGFBKGNIOeny HcereragentperaHeP-t0-enernte-gconrectorexecule-end delver-onyinsiumenHAiReaedKeRioHe-ce-Corpordlion-NS Gutherilymey-be 5aedioapee-coseIGNmenidHmoyewendio ameomdhpedcanekodaaN, Deposilon 5.02 heseerdatDiekaiseashaiaeeerdingie-ne VeSImenEPONGydesgmal-e-depeseP-DGAK AHvnd-dleopodiow shall-be-depesied- ne-deposlow-boR < CMeCK-dd.eaGesS: SYPeRFOFFROReY- lesoraiherewidenceatidabisdnesiauedininemome pg.55 6/17/20254P,2024 eHe-Comperaion-hoegnabyeg-PesdentVice ResdeR-Fedweratio: Annual Cerneratian Budeet 5.03 he-eculveDrectershatombehalehaoHeberdpreparee.proposed Gnnvelbudgetefetefexpectedrew venvesamdpiopasedeRdSNeneatensunglsca: yesFThe-budgetshallconidin 6 A ClssicelonsendsORGROHBP-ASCNSOFP-S-RGy-be Prexesbedom-imeios HAe bymet CCOURCH - he-budget-shalnetbe-elective-untlhe SGFPe-A8S-5e8R-enappreved-Dy e-Beere ene ne CilyCouncik, -doMwdPNe noRC-SGNEOHeSecOApoNdHOR-Ine: prepesed-budgetRaDe-subRied-e-e-Cy Ceunel-wihG-ime-rme-o-bes specifiecH - the CHyMAe a e eger OFiRchsORiReCHAA mANdudgetgPeces Staff Sunnert 5.04 ReCOPOHGAGYRe GHy-eprowde-inonciekondolhe: eMice-o-e-Comporeonvpontema-condhoasoAdcomgensalon-OFMwvON agreeable. Ris 5.05 The-BoardetDiecio-moyacceptonbedaHe-Cepporalion-any-gi GFBqVesprowdedioR-SeGPMpordGSOMPPASdHne Corporation: Prohibited-Acis 5.06 ASlengesheCorperioAiRe-tence-mediecledlieerorcommilee memberollhe-Corporalionshall: DeanygctirGCHMOlHOnOHhebylGwSeFbindingebigeHenseHheCorporation. e Do-GPY9CHWARIRSHOROFRA A AAg-ne-CorperePOPGHOR-OFORFOHSOperdHOPS, D9AMPO-RA-wOwoWGmOImPe ossible GFUmA8G8SSOY-dHReuie-cemy-OR heintendedererdioy-busnesoomperalton: Receiveenimpreperpersena-beneomtheeperelenethecorporation. Use-the-essels0HRe-Corperiy-ecy-tOFpese RAROCOACRSN business efihe-Cerperalion * Wiongiuy-onsferererordeposediCepoeMalbApePeA-eludinginiangible PoPeyCNdEgead- - Use-he-nGme-aHheCeposisereroP/BGAisANSNGFAGRe/GeNY HedemoikeHedemomeoAPld6/ecephombehdloHne Coporalioninineordinaryewsea theCerporationsbusiness. pg. 56 6/17/20254P2924 h! DHclse-ompoHe-Cepooi-uneseecreikorampaihe: nfoRaliOP-ReHgeneraly-sowA-e- eSMAScOReNASHp-onPPeNAReN WRORBGHC-8CeNeN, + ComCorperaon#HOARdEIRCWPAErArPPAMaIGHReBeardetDecies. Rewetnonesicsigale paiefrom: -bond-proceeds: da-wasadePee -nveratadionecopsaiAio-ayes PO#/-nanceGFeonenseepoleetes 4) money-grantedunders.centisctwAGuRepalNyundersection 380,092ofhe-TexelexaslecalGevermentCede. ARTCLEVA Recuired BaakandBcards 6.01 he-Coperalion-shalsp-comeckondicemplele-beatrds-ot eccounls-andecivyGCM/SEGmAmeRaHe1Syes-TeCoperalbmibeoks-ondecerds: shallinclude: Ae-endoed-copAdkaidpumenttedmeleas-otsiale --Cepea Radg-Wmse-MIers ncoeporaon-OPFAEGANAdNNGACHEAAcsd-Mege: AlielesaiComokdalon4 CH C T e # € r A F nenges olregistered-ofice-eregent. b) ACoPKotne-SyGwSen versions 6 - ramendments-to-the-Bylows. C) MinvieselheproceadngsateoeardotDiecies. dy ASHOFAGmes-Gndaddiessese nedectesendOHeNOHReCe-COPPOrHOR-A aecordence-ih-ne.elsorCovemmniAC0d#55300443552,17,0-Dhecie: mYIqVBSHAAlinoioAnOHeeGa-home-oddies-es RORREPROReRUbeR. AfinancielsialemePenshowingieesel-iabiies.eRdehweheHCorporelion. A AnonelolsiaiementcONlen. AgE-ee,anderdocumenis elaling-te-theCe-CorperaHonS-tes-federel,state, eRdecelokstelus * Re-CorperaHenslederd-siale-oGHocaHAlommRB-eKFeluRRS-eR egchoHhe-ComperelenieRyeG. Records Opent to-Public 6.02 IRe-COpedHOR-Ra Be-consdered-eReRG-BOdy-WRP-IRe megning-ef-ChoplerssA.ewsr-GeveE-Cede-Alscrd-oHhe-Cepporalion-shal-be pg. 57 6/17/20254P/2024 made-cwdleble-te-0-Re-pwbie-Grnpeclon-e-epesweHoA-R-secedeerdance-wil-tne requiremenisefthelexaSGOVEReRICede.Chaplerss2neleMGEPBICIRIeR-AC Audit 6.03 he-BeardetDiecies-hatpowselgronindependeniomRyakaudieHne Corporalions-bo9k-Prowded-fUFReF-IRGHGR-GRRUGHGUGbY-Re-CyCounciofthe COrperaHensb9eKONdEHO-wA h Hhe-annyokaudioHhe-Ciysbooks and-recerds-shal pe-suffie € - + TheCitye - OUne e et CHPoIsesH-lewG-YdHOnVIme equegmindependendniaudEaHeCePsioniBotlebe-cenducled. ARTICLEVAI 7.01 The-iscalyparoHhnebeghnomineladeyotoeloberonsendon-nelast eyofSepiember. AR EM 8.01 The-Byewsmey-be-dered-omended-eFepesied-byhe-Beordef PAecioE-PRecORNeNcmaapwdelNeCaddlRach-evss Wdenced-byarese:GBROWHORMARS-SYgwsdHches. ARTICLEIX LegalA Autherities Gevernine Canstruclion afBlaws 9.01 he-syowsshal-be-cecomsivedinoscoxence-hineiowsoHne-sleled lexd-Alielerencesih#c-s--gbNscaNega: authorlyshellrelerle-me-GuRhorlies-ciled ertheir VCCesN-GEe/meymybe-omended ORAe-0'e.SMPessyPrOw eec HRGHRAPIOMBOREOHReDeveopment CorpOrHOR-ACtepplceble e-corpereenS gevemee uneer CRaPESSGHRelea: oc/GOMeReRICeSe,sencopeiew ec withint nese Vowsbyreference.1Ane-event GMPCONNIAMSANA pp P eeble FOVIS DAs GHRODeveoPmeGHOR-ACH BAG-ReSe-ByGMES then-the-epp: plceble PreMsOnseEsCh-Acishallcentie lecaiConstnuclion 9.02 a/SyGWPrOVsOMSOAER8GHOSeIRAVGIG-egS/OF UREROICeBBIeRGRF pecHRe-voi-wsyyeReNbcesscesslyadetaisctectonyaleEProwBoN GAG-he-ByewsRSRSIRedeiRCIA-legal-onlerceable-provision hedmoibeenincludeldedinihesyws. pg. 58 6/1720254P/P024 Headinas 9.03 ne-heedingsusedinPSVSMEGRLREHbe considered-ncensmmseFPSOhe-ByGwS: Ses a 9.04 The-BeGrd-ofDirecteis-mGyprewde-era-Cemperatonsal-SWchsealsha" conidin-he-words-SeaECORemN-DevelopmeRECOFPePaHOR-Gnd-Texes Parties Bound 9.05 e:eWSdHbeBRHPAGNVelslReBena#He drectess.efices-ondegeniselee-CesperaoRGRd-hetrespeeiveheis.execuloss. edministrators.legglreprese: sueceseandassgnrewceparaied inthe-Bylws. Elfective Date 9.06 hese-BylGwsendenysubsequenOmendmenSherele-smaDeelfecte-ese: ene somhe-dale-o-whOPPMoMaHhO:beengwenbybolh-neoordaiDieclos-and-he WCOURCHOHReCHoiSed-lewos, Indemnilication: Directors Officers and Emplovees 9.07 AspowdedinineAcIond.eANCa-spocis-eComporaloni-e: epuposesoHheleno-oACAmsAGMBchaPAChoPler1OlleMasCMa Praelicesond-Remede:Cedeegovegovemmenialuntiondiseclionsare 9MEAeAI-UPeEHORE The-Coporalion-hSEhwehepewerleindemairanydieclerarefommer HeciroEdlicerdne-COporSioAIG e-peRterGRdcOHIRAcldngaHomey eeseelvalyend necesseny CURRE e € y AAA/her 6 - e Aeten-Ahonyeli seasagans-imAereSyRason-aHHi/e-being rhowing-beensuchdiecleroralieet,excepHinele: liontomattersers-esto-which he/sheshol-heve Deeneundguihy ofnegligene e OFFISCOndCHAespectelne RGEPPWACARGeRGePRA-SSOVgNE, pg.59 6/17/20254P/2024 Serneratien- Mav Previde Insurance 9.08 WIcOnsenkeHRe-CyCOUReHecepesis-mSyabidininsuance-and benells-esprovidededbylexa:loca/dovemmeniCedes004-cwdngisliyinsusance. RepremaumOFsUCNIRIUFORGeSRAH Bepeid-OF-By-ne-COrpordHOR: Dissolution of! the Corporation 9.09 eCoposionkomoepwndaooa-aiale ComporalionseseisshedibiadielneCiyafseck. Senice of Process 9.10 The-president,Ved-neregslered-agentotne-CorporeHon shol-be-egeniset fsuch-corpe e + e e Aupe A nyprocest nolice,Ordemend-required CFpemiedbySo.esemigedupens e Cerporationmeybeserved. Liabilihy 9.11 R-eHewng-reOraomeges-Gnsn-0Fe govemmenHumeliondkonaHecepsoioncHiheCiyafseck, #Re-COPOrdHOA: odadcepN 3he-Clyofsedy @meberOHReCH/COMRCHAHeISeas PanemployealhecopeMaonGrChA pg.60 6/17/20254P/2024 CERTIFICATEOF SECRI ARV eerify-thatamdelleetedamdacingserelsiyoHhesFPESEAFECONOMIC-DEVELOPMENT CORPORARON-ORAheheeregeneSPwscOsHivReHheSyewsefheCerpersteseSyaws weredwyadepiedata-metingoHhese aH C oardofDrectorheldomthe36-dayat anuarUL. And wbseguentyaPpreves and-ratified- CE-Cr PeEeN 12" dsy0F-M,20A1-PRePPoMRNAN-reshHOR-32 FPsdmsigaNeayEReRaNOE 1 yve vétb pg.61 6/17/20254P/2024 AMENDEDI BYLAWS OF SEALY ECONOMIC DEVELOPMENT CORPORATION These Bylaws governt the affairs oft fthe SEALYECONOMIC: DEVELOPMENT CORPORATION (the' Corporation , a nonprofit development corporation created pursuant tot the Development Corporation Act of 1979, now Chapters 501 through 505 oft the Texas Local Government Code (the "Act" as amended, and other applicable laws. ARTICLE 1 PURPOSE ANDI POWERS Purpose 1.01 The Corporation is incorporated as a nonprofit corporation for the purpose set forth in theA Articles of Incorporation. The Corporation acts on behalf of the City of Sealy, Texas, in furtherance oft the public purpose oft the Act andr may engage in any project authorized under Type B of the Act. The Corporation is a nonprofit corporation as defined by the Internal Revenue Code of 1986, as amended, and the applicable rulings of thel Internal Revenue Service of the United States prescribed and promulgated thereunder. For the purposes of Chapter 101, Texas Civil Practices and Remedies Code, the Corporation is a governmental unit and its actions are governmental functions. The Corporation shall not be a political subdivision or a political corporation within ther meaning of the Constitution and the laws of the State of Texas, including without limitation, Article 111, Section 52 of the Texas Constitution. Powers 1.02 Inf fulfillment of its corporate purpose, the Corporation is a Type B corporation and shall beg governed byt the Act and specifically Chapter: 505 of the Texas Local Government Code, and shall have all the powers setf forth and conferred in its Articles of Incorporation, int the Act, andi in other applicable law, subject to the limitations prescribed therein and herein and to the provisions thereof the hereof. SEALY EDCE BYLAWS APPROVEDE BYE EDC4 42320248 &AMENDED BY CC ON5 5/9/2024 pg.62 6/17/20254/2/2024 2 ARTICLEII OFFICES Principal Office 2.01 (a) The principal office and1 the registered office oft the Corporation shall bet the registered office ofthe Corporation specified int the. Articles ofl Incorporation. The office ofthe registered agent shall always bev within thel boundaries ofthe City of Sealy. (b) The Corporation shall have and shall continually designate a registered agent ati its registered office, as required by the/ Act. The registered agents shall be a resident oft the State ofTexas. The Board of Directors may, from time tot time, change the registered office and the registered agent asp permitted by law. ARTICLE III BOARD OF DIRECTORS Management Lofthe Corporation 3.01 The property and affairs of the Corporation shall ber managed and controlled by a Board ofDirectors (the "Board") and, subjectt tot the restrictions imposed byt the! Economic Development Corporation. Act of1 1979, byt the Articles of Incorporation, and by these Bylaws, the Board shall exercise allt thep powers of the Corporation. Number. Qualifications. and Tenure ofD Directors 3.02 The Board of Directors shall consist of seven (7) members who are appointed by the governing body ofthe City of Sealy, fors staggered two (2) year terms of office. Each director must reside within the City of Sealy, Texas. Not more than two (2) directors or less than one (1) shall be persons who arer members of the city council oft the City of Sealy. As provided by State law, TLGC $SOS.052(c), three directors ofa a Type B corporation must be persons who are not employees, officers, or members of the authorizing municipality. Thet terms off four (4) directors shall begin on June 1, of each even- numbered year, and expire on May 31, of the next following even year. The terms oft three (3) directors shall begin June 1, of each odd-numbered year, and expire on May 31, oft the next following odd- numbered year. Allo directors shall holdover until their successors are appointed unless a director is removed by City Council. SEALY EDCE BYLAWSA APPROVEDE BY EDC4 4/23/2024 &AMENDEDE BY CC5 5/9/2024 pg.63 6/17/20254/2/2024 Vacancies 3.03 A vacancy occurring upon the Board of Directors shall bef filled for the unexpired term by appointment by the governing body oft the City of Sealy. If a directori is absent for three regular consecutive meetings, the director's office is considered vacant unless the director is sick or has first obtained al leave of absence at a regular meeting. Annual Meeting 3.04 The annual meeting oft the Board of Directors shall be! held during the month of June for the election of officers. Regular Meetings 3.05 Regular meetings oft the Board shall be held at such dates, and times and places as designated by the Board. The meeting shall be held within the City of Sealy, Texas, at the principal offices of the Corporation or at such other location as the Board of Directors may designate. Special Meetings 3.06 Special meetings oft the Board of Directors may be called att the request oft the president or bya anyt two (2) directors. The person(s) callinga as special meeting shall fixi thet time and location oft the meeting. The person(s) calling a special meeting shallr notify the secretary ofthe Corporation ofthe information required to be included in the notice of the meeting. Notice of Meetings 3.07 Thel Board of Directors shalll be considered a' governmental. body" within the meaning ofT Texas Government Code, Sec. 551.001, and allr meetings, notices of meetings, and deliberations shall be called, convened, held, conducted and given in accordance with the provisions of Texas Government Code, Chapter 551(The Texas Open Meetings Act). Ina addition to the posting ofar meeting notice in accordance with these Bylaws and the Texas Open Meetings Act, a copy ofe each such meeting notice shall be delivered to each Director notl less than seventy-two (72) hours before the time ofthe meeting. The notice shall state the place, date, and time ofthe meeting. A meetingr notice shall be deemed delivered to any Director when deposited int the United States mail addressedi to the Director at his or her address asi it appears ont the records ofthe Corporation, hand delivery to his or her address or by electronic mail (e-mail) at his or her email address provided by the City Secretary. Such additional notice may be waived in writing by a Director entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent tot the giving ofs such notice. SEALY EDCE BYLAWSA APPROVEDE BY EDC 4/23/20248 &AMENDEDE BY CC5 5/92024 pg.64 6/17/20254/2/2024 Quorum 3.08 Four Directors shall constitute a quorum for the transaction of business ata any meeting oft the Board of Directors. No business shall be conducted, nor shall any action be taken by the Board of Directors in the absence of a quorum. The action oft the majority oft the Directors who are present and eligible to vote upon a matter shall bet the acto of the Board of Directors. Powers and Duties ofthe Board of Directors 3.09 a) Directors shall exercise ordinary business judgment ini managing the affairs of the Corporation. Ina acting in their official capacity as directors oft the Corporation, directors shall acti in good faith and take actions they reasonably believe to be ini the best interest oft the Corporation and which are lawful and shall refrain from actions not in the best interest of the Corporation or which would be unlawful. The corporation shall have all thep powers granted by Chapter 505 of the Texas Local Government Code and the Development Corporation Act andi is subject to the limitations ofac corporation created under another provision of the Act. b) The corporation may contract with another private corporation to: (1) carry outa ani industrial development program or objective; or (2) assist with the development or operation of any economic development program or objective consistent with the purposes and duties specified by the Act. c) The corporation may: spend no more than 10 percent oft the corporate revenues for promotional purposes. d) The Board shall periodically submit reports to the City Council as to the status ofi its activities inc carrying outi its obligations under this Section. e) Notl later than February 1 ofe each year, the board shall submit a reportt to the Comptroller including alli information required by Texas Local Government Code $502.151. Any and all agreements between the Corporation and other parties shall be authorized, executed, approved, and delivered in accordance with applicable law. g) The corporation may exercise the power of eminent domain only: (1) on approval oft the action by the governing body oft the authorizing municipality; and (2) ina accordance with and subjectt to the laws applicable to thea authorizing municipality. Removal ofD Directors 3.10 The Board of Directors and each membert thereof serves att the pleasure of the City Council oft the City of Sealy, Texas, which may remove any director at any time, either with or without cause. SEALYI EDCE BYLAWS/ APPROVEDE BY EDC4 4/23/20248 &AMENDEDE BY CC 5/9/2024 pg.65 6/17/20254/2/2024 Committees of Directors 3.11 The Board of Directors may appoint persons to serve ona a standing or ad hoc committee. Committee members need not be Directors ofthe Corporation, unless required by these Bylaws or resolution. Such committees shall have the powers, duties, and responsibilities established by the Board. The committees shalll keep regular minutes oft their meetings and reportt the samei to the Board of Directors when required. The action of such a committee shall not constitute action byt the board. ARTICLEI IV OFFICERS Officer Positions 4.01 The officers of the Corporation shall be president, vice president, a secretary, and a treasurer. The Board of Directors may create additional officer positions, define the authorities and duties of such additional positions and appoint persons to fill such positions. Electiona andTerms ofOfficers 4.02 The officers oft the Corporation shall bee elected annually by the Board of Directors att the regular annual meeting. Removal of Officers 4.03 Any officer may be removed byt the Board of Directors at any time, with or without good cause. The removal of an officer does not: also result in the removal of such person as a director oft the Corporation. Vacancies of President. Vice President. Secretarvy.and Treasurer 4.04 Al vacancy in any office may be filled by the Board of Directors for the unexpired portion of the officer's term. President 4.05 Thej president shall be the chief executive officer oft the Corporation. The president shall supervise and control allo oft the business and affairs oft the Corporation and must be elected from among the members of the board. The president shall preside ata all meetings of the Board of Directors. The president shall execute all documents and agreements affecting the corporation, except where such power is expressly delegated to another officer of the Corporation or the Executive Director. SEALY EDCE BYLAWS/ APPROVEDI BY EDC4 4/23/2024 &A AMENDEDE BY CC 5/9/2024 pg.66 6/17/20254/2/2024 6 The president shall perform other duties prescribed by the Board of Directors and all duties incident to the office of the president. Vice-President 4.06 Wheni the president is absent, is unablet to act, or refuses to act, they vice president shall perform the duties ofthep president. When: acting in place oft the president, the vice president shall have allt the powers and duties ast the president and bes subject to all ofthe limitations and restrictions placed upon the president. The vice president must be elected from among the members oft the board. Secretary 4.07 The Secretary shall: a) Give allr notices as provided int the Bylaws or as required by law. b) Taker minutes ofthe meetings ofthe Board of Directors and keept the minutes as part ofthe corporate records. ) Maintain custody ofthe corporate records, authenticate corporate documents and affix thes seal ofti the Corporation as required. d) Keepa a register oft the mailing addresses of each director and officer oft the Corporation. e) Perform duties as assigned by the president or Board of Directors. Perform all duties incident to the office of secretary. The secretary may either be elected froma among the members ofthe board or att the option of the Board, be persons other than the members oft the Board, and/or may be employees oft the City. Treasurer 4.08 The Treasurer shall: a) Have charge and custody of and be responsible for all funds and securities oft the Corporation. b) Receive and give receipts for moneys due and payable to the Corporation from any source. c) Deposit all monies int the name oft the Corporation in banks, trust companies, or other depositories as shall be selected byt the Board of Directors. d) Write checks and disburse funds to discharge obligations oft the Corporation. e) Maintain the financial books and records oft the Corporation. 0 Prepare financial reports atl least annually. g) Perform other duties as assigned by the Board of Directors h) Perform all duties incident to the office oft treasurer. The treasurer may be either elected from among the members ofthe board or att the option ofthe Board, be persons other than the members oft the Board, and/or may be employees ofthe City. SEALY EDCI BYLAWSA APPROVEDI BYE EDC4 4/23/20248 &AMENDEDE BY CC5 5/9/2024 pg.67 6/17/20254/2/2024 7 ExecutiveDirector 4.09 There may be an Executive Director of the Corporation who shall be responsible fort the administration of all the affairs of the Corporation. The Executive Director shall bea ane employee of the City of Sealy, Texas, and a Department Director. The Board may make a recommendation: tot the City Manager regarding the Executive Director candidate tob bee employed. As an employee and Department Director oft the City, the City Manager shall employ, suspend, or discharge the Executive Director with the concurrence oft the City Council. The Executive Director shall perform and direct the daily administrative operations of the Corporation. The Executive Director shall be reviewed by the Board of Directors on an: annual basis and shall ber reviewed by the City Manager on an annual basis. The Executive Director shall receive compensation as approved by budget. The Executive Director shall provide quarterly reports to the City Council and shall meet with the City Manager twice a month to facilitate communication between the two entities. (Amended 1.22.19, 5. 12.21) ARTICLEV TRANSACTIONS OF THE CORPORATION Contracts 5.01 The Board of Directors may by formal action or resolution authorize any officer or agent of the Corporation to enter into a contract or execute and deliver any instrument int the name of or on behalf oft the Corporation. This authority may be limitedt to a specific contract or instrument or it may extend to any number andt type of contracts and instruments. Depository 5.02 The Board of Directors oft the Corporation shall according to the investment policy designate a depository bank. All funds oft the corporation shall be deposited with the depository bank. All checks, drafts, or orders of payment of money, notes or other evidence ofi indebtedness issued ini the name oft the Corporation shall be signed by two (2) oft the following: President, Vice-President, Treasurer, or Executive Director. Annual Corporation! Budget 5.03 The Executive Director shall on behalf oft the board prepare a proposed annual budget of expected revenues and proposed expenditures fort the next ensuing fiscaly year. The budget shall contain such classifications: and shall bei in such form as may be prescribed from time tot time by the City Council. The budget shall noth be effective until thes same has been approved by the Board and the City Council, who shall annually review the financial status of the corporation. The proposed budget shall be SEALYEDCB BYLAWSA APPROVEDE BY EDC4 4/23/20248 &AMENDEDE BY CC5 5/9/2024 pg.68 6/17/20254/2/2024 8 submitted to the City Council withina a time frame to be specified by the City Manager for inclusion in the City's annual budgeting process. Staff Support 5.04 The Corporation may contract with the City to provide financial and other services for the Corporation upon terms, conditions, and compensation as mutually agreeable. Gifts 5.05 The Board of Directors may accept on behalf oft the Corporation any gift or bequest provided for the general purposes of ori for any special purpose oft the Corporation. Prohibited Acts 5.06 As long as the Corporation isi in existence, no director, officer, or committee member of the Corporation shall: a) Do any acti iny violation ofthe bylaws or binding obligations oft the Corporation. b) Do any act with the intention of harming the Corporation or any of its operations. c) Doa any act that would make it impossible or unnecessarily difficult to carry on the intended ord ordinary business oft the Corporation. d) Receive an improper personal benefit from the operation ofthe Corporation. e) Use the: assets oft the Corporation, directly or indirectly, for any purpose other than conducting the business of the Corporation. Wrongfully transfer or dispose ofCorporation property, including intangible property such as good will. 9) Use the name oft the Corporation (or any substantially similar name) or any trademark or trade name adopted by the Corporation, except on behalf of the Corporation in the ordinary course oft the Corporation's business. h) Disclose any of the Corporation's business practices, trade secrets or any other information notg generally known to the business community or to any person nota authorized to receivei it. Commit Corporation funds without prior approval ofthe Board of Directors. ) Incura a financial obligation that cannot be paid from: 1) bond proceeds; 2) revenue realized fromt the lease or sale ofa project; 3) revenue realized from al loan made by the corporation to wholly or partly finance orr refinance a project; or 4) money granted under a contract with a municipality under section 380.002 of the Texas Local Government Code. SEALY EDCE BYLAWSA APPR OVEDI BYE EDC4 4/23/20248 &AMENDEDE BY CC5 5/9/2024 pg.69 6/17/20254/2/2024 9 ARTICLE VI BOOKS AND RECORDS Required Bookand Records 6.01 The Corporation shall keep correct and complete books and records of accounts and activity for a minimum off five (5) years. The Corporation's books and records shall include: a) A file endorsed copy of all documents filed with the Texas Secretary of State relating toi the Corporation, including. but not limited to, the Articles of Incorporation, any Articles of Amendment, Restated Articles, Articles of Merger, Articles of Consolidation, and statement of change of registered office or agent. b) Acopy ofthe Bylaws and any amended versions or amendments to the Bylaws. c) Minutes oft the proceedings ofthe Board of Directors. d) Alist of names and addresses oft the directors and officers ofthe Corporation. In: accordance with the Texas Government Code $552.024 & $552. 117, a Director may request (in writing) that the Corporation not reveal their home address or home phone number. e) Af financial statement showing the assets, liabilities, and net worth oft the Corporation. ) Afinancial statement showing thei income and expenses oft fthe Corporation. g) Allr rulings, letters, and other documents relating to the Corporation's federal, state, and local tax status. h) The Corporation's federal, state and local information or income tax returns for each of the Corporation's tax years. Records Opento Public 6.02 The Corporation shall be considered: a' governmental body" within ther meaning of Chapter 552, Texas Government Code. All records of the Corporation shall be made available to the public for inspection or reproduction in accordance with the requirements of the Texas Government Code, Chapter 552 ("The Texas Publicl Information. Act"). Audit 6.03 The Board of Directors shall provide for an independent annual audit of the Corporation's books; provided, further, that an annual audit by the City Council oft the Corporation's books andr records in conjunction with the annual audit oft the City's books and records shall be sufficient. The City Council oft the City of Sealy, Texas, may at any time require an independent audit of the Corporation's books to be conducted. SEALYEDCE BYLAWSA APPROVEDBYE EDC4 4/23/20244 SAMENDEDBYCC5920X4 pg.70 6/17/20254/2/2024 pg.71 6/17/20254/2/2024 10 ARTICLE VII FISCAL YEAR 7.01 The fiscal year oft the Corporation shall begin on the first day of October and end ont the last day of September. ARTICLE VIII AMENDMENTS TO BYLAWS 8.01 The Bylaws may be altered, amended, or repealed by the Board of Directors with the consent and: approval oft the City Council ofthe City of Sealy, Texas, as evidenced by a resolution with the Bylaws attached. ARTICLE IX MISCELLANEOUS PROVISIONS LegalA Authorities Governing ConstructionofBvaws 9.01 The Bylaws shall be construed in accordance with the laws of the State ofTexas. AIl references in the Bylaws to statutes, regulations, or others sources of legal authority shall refer to the authorities cited, ort their successors, as they may be amended from time tot time. Itis expressly provided thatt the provisions of the Development Corporation Act applicable to corporations governed under Chapter 505 oft the Texas Local Government Code, are incorporated within these Bylaws by reference. In the event of any conflict between the applicable provisions oft the Development Corporation Act and these Bylaws, then the applicable provisions of such Act shall control. Legal Construction 9.02 Ifany Bylaw provision is held to bei invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability shall nota affect any other provision and the Bylaws shall be construed asi ift thei invalid, illegal, or unenforceable provision had not been included int the Bylaws. Headings 9.03 The headings used int the Bylaws are used for convenience and: shall not be considered inc construing the terms oft the Bylaws. SEALY EDCI BYLAWSAPPROVED: BY EDC 4/23/20248 &AMENDEDI BY CC5 5/9/2024 pg.72 6/17/20254/2/2024 11 Seal 9.04 The Board of Directors may provide for a Corporation seal. Such seal shall contain the words "Sealy Economic Development Corporation" and' "Texas". Parties Bound 9.05 These Bylaws shall be binding upon and inure to the benefit oft the directors, officers, and agents oft the Corporation and their respective heirs, executors, administrators, legal representatives, successors and assigns except as otherwise provided int the Bylaws. Effective Date 9.06 These Bylaws, and any subsequent amendments hereto, shall be effective as ofa and from the date on which approval has been given by both the Board of Directors andi the City Council of the City of Sealy, Texas. Indemnification: ofDirectors. Officers. and Emplovees 9.07 a) Asp provided in the Act and ini the Articles of Incorporation, the Corporation is, for the purposes ofthe Texas Tort Claims Act (Subchapter. A, Chapter 101, Texas Civil Practices and Remedies Code), a governmental unit and its actions are governmental functions. b) The Corporation shall have the power to indemnify any director or officer or former director or officer oft the Corporation fore expenses and costs (including attorneys' fees) actually and necessarily incurred by him/her in connection with any claim asserts against him/her by action ino court or otherwise by reason of his/her being or having been such director or officer, except in relation to matters as to which he/she shall have been found guilty ofr negligence or misconduct in respect of the matteri in which indemnity is sought. Corporation May Provide Insurance 9.08 With consent oft the City Council, the corporation may obtain insurance and benefits as provided by Texas Local Government CodesSOL.067, including liability insurance. The premiums for such insurance shall be paid for byt the Corporation. Dissolution ofthe Corporation 9.09 The Corporation is a nonprofit corporation. Upon dissolution, all oft the Corporation's assets shall be distributed tot the City of Sealy. SEALY EDCE BYLAWSA APPROVEDE BY EDC4 4/23/2024 &AMEI D BY CC5 5/9/2024 pg.73 6/17/20254/2/2024 12 Service ofE Process 9.10 The president, vice-president, and the registered agent of the Corporation shall be agents of such corporation upon whom any process, notice, or demand required or permitted by lawt to be serviced upon the Corporation may be served. Liability 9.11 The following are not liable for damages arising from the performance of a government function oft the corporation or the City of Sealy: 1) the corporation; 2) a director oft the corporation; 3) thec City of Sealy; 4) ar member oft the City Council ofthe City of Sealy; or 5) ane employee oft the corporation or City. CERTIFICATE OF SECRETARY Icertify thatla am acting secretary of the SEALY ECONOMIC DEVELOPMENT CORPORATION, and the foregoing Amended Bylaws constitute the Bylaws oft the Corporation. These Bylaws were duly adopted at a meeting of the Sealy EDC Board of Directors held ont the 4"h day of June: 2021. And subsequently amended and approved ata a meeting oft the Sealy EDC Board of Directors held on April 23, 2024. Then approved by resolution and ratified by the City Council oft the City of Sealy, Texas at a meeting held on the gth day of May 2024. Then Signed this 7th day of. June: 2024. Kathurin BpLio SECRETARY OFT THE CORPORATION SEALYEDCE BYLAWS/ APPROVEDE BYI EDC4 4/23/2024 &AMENDEDBY CC 5/92024 pg.74 6/17/20254/2/2024 EXHIBIT "C" PLANNING COMMISSION Ordinances 1974-02, 1975-09, 1977-6, 1993-12, 2007-09, 2014-21 pg.75 6/17/20254/2/2024 ARTICLE II. PLANNING COMMISSION2 Sec. 78-31. Created. There is created and established for the city a planning commission. The members shall be resident citizens, appointed to serve for two-year overlapping terms beginning on. June 1. (Ord. No. 74-02, S 1, 1-16-1974; Ord. No. 77-6, $ 1, 5-4-1977; Ord. No. 93-12, S 1, 3-10-1993) Sec. 78-32. Membership. The planning commission shall consist of seven members who are qualified residents of the city. The commission shall be appointed by the mayor and approved by the city council; however, all members shall continue in office until their prospective successors have been appointed. (Ord. No.7 74-02, S 1, 1-16-1974; Ord. No. 77-6, $ 1, 5-4-1977; Ord. No. 93-12, $ 1, 3-10-1993; Ord. No. 2007-09, S 1, 8-8-2007) Sec. 78-33. Removal for excess absences authorized. Three unexcused absences of any member from any regular meetings of the planning commission shall, at the discretion of the mayor, render any such member liable for immediate removal from office. (Ord. No. 93-12, S 2, 3-10-1993) Sec. 78-34. Organization. (a) The planning commission shall elect a chairman and vice-chairman from its membership, and the city council shall furnish: such qualified persons as may be necessary fori the proper conduct and undertakings of the planning commission. (b) The planning commission shall have the power to make rules, regulations and bylaws fori its own govemment, which shall conform as nearly as possible with those governing the city council; and they shall be subject to approval of the city council. Such bylaws shall include, among other items, provisions for: (1) Regular and special meetings, open to the public; (2) Record ofi its proceedings, to be open for inspection by the public; (3) Reporting to the council and the public from time to time and annually; and (4) The holding of public hearings on its recommendations. (Ord. No. 74-02, S 2, 1-16-1974) pg.76 6/17/20254P/2024 Sec. 78-35. Powers and duties. The planning commission shall have the following powers and duties: (1) The planning commission is authorized and responsible to make recommendations to the city council fori the adoption of a municipal comprehensive plan, in accordance with Section 213.002, Texas Local Government Code as a whole, or as inj parts, or as in periodic updates, to guide to direct and guide the future growth and development of the City of Sealy, the Sealy ETJ and the Sealy environs. (2) The commission is authorized and responsible to engage in planning studies and the development of plans fori improvements to the cityf for the purpose of making planning recommendations to the city council with a view to the development and expansion oft the community on matters that may include, but shall not be limited to, the development andi improvement of public facilities, the design and appearance of the community, and capital improvement program planning matters. (3) The commission is authorized and responsible to perform all duties granted to the planning commission by the statutes of the Texas Local Government Code and by specific provisions of the Sealy City Code. (4) The commission is authorized and responsible to make plans and maps of the whole, or any portion, of the City of Sealy, the Sealy ETJ, and any other land outside the city and it's ETJ which bears a relation to the planning of the city, in order tot formulate recommendations for city council consideration. (5) The commission is authorized and responsible to act with, and assist, any other municipal and governmental agencies, advisory boards and commissions, as directed by the city council, in formulating and executing proper plans for municipal development. (6) The commission is authorized and responsible to plan and make recommendations for city council consideration relative to the location, extension, or expansion of public streets, drainage and/or flood control improvements, utility improvement, parks, and other public improvements. (7) The commission is authorized and responsible tor render recommendations to the city council on documents, plans and studies that propose future land US recommendations, future thoroughfare plan recommendations and any other plans, documents or studies that fundamentally shape the future form of the City of Sealy. (8) The commission is authorized and responsible tor review and formulate recommendations for the city council withrespect to the administration of Chapter 87, Subdivision of Land and Plats, of the Sealy City Code, pursuant to Section 212, Texas Local Government Code. The commission shall also make a recommendation: for city council consideration on any variance that may be requested from anyr requirement associated with the subdivision process. (9) The commission is authorized and responsible to recommend to the city council the adoption of rules andi regulations governing plats and subdivisions ofl land within the planning area of the City of Sealy, site planning and other land development regulations designed to promote health, safety, moral and general welfare of the community and the safe and orderly and healthful development of the community. (10) The planning commission is authorized and responsible tol hear and decide upon an alleged error made in the administration of certain development regulations, ori to appeal in any order, pg.77 6/1720254A/2024 requirement, decision, or determination by an officer of the City of Sealyi in the administration of certain development regulations where such powers are expressly granted by the Sealy City Code. (11) The commission is authorized and responsible to consider and grant variances from certain land development regulations where such powers are expressly stipulated by the Sealy City Code when the commission determines that the granting of a variance is not contrary toi the public interest when, owing to special conditions, a literal enforcement of the provisions of these regulations will result in an unnecessary hardship. (Ord. No.74-02, S 3, 1-16-1974; Ord. No. 75-09, 11-20-1975; Ord. No. 93-12, $ 1, 3-10-1993; Ord. No. 2014-21, S 2, 12-9-14) State law elerencetl-Municpal regulation of subdivisions and property development, V.T.C.A., Local Government Code S 212.001 et seq. pg.78 6/1720254A/2024 EXHIBIT "D" CAPITAL IMPROVEMENTS ADVISORY COMMITTEE Resolution 2018-29 pg.79 6/1720254A/2024 RESOLUTION NO. 2018-29 AR RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEALY, TEXAS, APPOINTING A CAPITALI MPOVEPNENISAIDMIORY COMMITTEE. ASI REQUIRED BY CHAPTER 395 OF THE TEXAS LOCAL GOVERNMENT CODE. WHEREAS, Chapter 395 of the Texas Local Government Code authorizes municipalities of the State to impose impact fees against new development for the purpose of generating revenue to fund or recoup the costs of capital improvements or facility expansions necessitated by the new development; and WHEREAS, a municipality imposing impact fees must follow the procedures established by Chapter 395 of the Local Government Code, including, but not limited to, the appointment of an Advisory Committee; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEALY, TEXASTHAT: Section 1. The City's Planning Commission shall act as the Capital Improvements Advisory Committee as provided by Section 395.058 of the Local Government Code. The Commission currently includes at least one representative of the real estate, development, or building industry who is not an employee or official of a political subdivision or governmental entity. Section 2. The Capital Improvements Advisory Committee shall: A. Advise and assist the City Council in adopting land use assumptions; B. Revicw the capital improvements plan, land use assumptions and impact fees and file written comments in accordance with Section 395 of the Local Government Code and the following: 1. Written comments to the proposed impact fees shall be filed with the City Secretary before the fifth business day before the date of the public hearing on thei imposition ofimpact fees: C. Monitor and evaluate the implementation of the capital improvements plan; D. File semiannual reports with respect to the progress of the capital improvements plan and report to City Council any perceived inequities in implementing the plan or imposing the impact fee; E. Advise the City Council of the need to update or revise the land use assumptions, capital improvements plan, and impact fee: and F. Other duties as assigned by City Council that relate to impact fees. Section 3. The following procedural rules are adopted for the Capital Improvements. Advisory Committee in carrying out its duties: A. The Chair and' Vice Chair ofthe Planning Commission shall serve in these respective positions when acting as the Capital Improvements Advisory Committee; B. The City Secretary shall serve as ex officio (nonvoting) secretary of the Committee and shall keep minutes, books, files and other records ofthe Committee: and perform such other duties as are incidental tot the office; C. A quorum shall consist of four members and the Chair shall have a vote in all matters; D. No final action shall be taken on any matter except pursuant to a simple majority vote of the members present; pg.80 6/17/202542/2024 E. Any motion by a member shall requires a second. After: a motion has been made and seconded, discussion of the motion may be had for a reasonable period of time at the direction oft the Chair. Discussion shall terminate at the direction of the Chair or upon a call for a vote on the question by a member of the Committee; F. Whenever any question of procedure may be raised at a Committee meeting, the Chair shall rulet thereon. A member may movet to overrule the Chairsdecision, which may be done only by ar majority vote oft the members present; and G. Voting on matters may be by voice vote; unless provided for otherwise. PASSED AND APPROVED this the 28th day of August 2018. uhtlaad AiRl ATTEST: Janice Whitehead, Mayor doly Dayl Cooksey, Çity Secretary pg.81 6/1720254A/2024 EXHIBIT "E" CHARTER REVIEW COMMITTEE CODE OF ORDINANCES - SEC. 9.3 pg.82 6/1720254A/2024 Sec. 9.13. Charter review commission. The city council shall, ati its first regular meeting in July two (2) years after adoption of this Charter then every five (5) years thereafter, appoint a Charter review commission of five (5) citizens of the city. A. Duties of the commission. (1)Inquire into the operation of the city government under the Charter provisions and determine whether any such provisions require revision. To this end public hearings may be held; and the commission shall have the power to compel the attendance of any official or employee of the city and require the submission of any of the city records which it may deem necessary to the conduct of such hearing. (2) Propose any recommendation it may deem desirable to ensure compliance with the provisions of the Charter by the several departments of the city government. (3) Propose, if it deems desirable, amendments to this Charter to improve the effective application of the Charter to current conditions. (4) Report its findings and present its proposed amendments, if any, to the city council. B. Actions by the city council. The city council shall receive and have published in the designated official newspaper ofi the city any report presented by the Charter review commission; shall consider any recommendations made and may submit proposed Charter amendments to the qualified voters of the city in the manner provided by the Texas Local Government Code, as now or hereafter amended. C. Term of office. The term of such Charter review commission: shall be six (6) months, and at the completion of such term a report shall be presented toi the city council, and all records of the proceedings of such commission shall be filed with the city secretary and shall become a public record. pg.83 6/1720254A/2024 EXHIBIT "F" SEALY DEVELOPMENT AUTHORITY/ TIRZ #2 Ordinance 2005-01 pg.84 6/1720254A/2024 ORDINANCE NO. 2005-01 AN ORDINANCE DESIGNATING A CONTIGUOUS GEOGRAPHIC AREA WITHIN CITY OF SEALY AS REINVESTMENT ZONE NUMBER TWO, CITY OF SEALY, TEXAS, FOR TAX INCREMENT FINANCING PURPOSES PURSUANT TO CHAPTER 311 OF THE TEXAS TAX CODE; CREATING A BOARD OF DIRECTORS FOR SUCH ZONE; CONTAINING FINDINGS AND PROVISIONS RELATED TO THE FOREGOING SUBJECT; AND PROVIDING A SEVERABILITY CLAUSE. WHEREAS, pursuant to Chapter 311 of the Texas Tax Code, the City may designate a contiguous geographic area within the City as a reinvestment zone if the area satisfies the requirements of certain sections of Chapter 311 of the Texas Tax Code; and WHEREAS, the City has prepared a preliminary reinvestment zone financing plan, which orovides that City of Sealy's ad valorem taxes are to be deposited into the tax increment fund, and that taxes of other taxing units may be utilized in the financing of the proposed zone; and WHEREAS, the City provided written notice of the public hearing on the creation of the proposed zone, complying with the requirements of Chapter 311, Texas Tax Code, to the governing body of all taxing units levying taxes on property in the proposed zone; and pg.85 6/1720254A/2024 WHEREAS, a notice of the December 22, 2004 public hearing on the creation of the proposed zone was published on December 10, 2004, in Sealy News, a newspaper of general circulation in the City; and WHEREAS, at the public hearing on December 22, 2004 interested persons were allowed to speak for or against the creation of the proposed zone, its boundaries, or the concept of tax increment financing; and owners of property in the proposed zone were given a reasonable opportunity to protest the inclusion of their property in the oroposed zone; and WHEREAS, evidence was received and presented at the public hearing in favor of the creation of the oroposed zone under the provisions of Chapter 311, Texas Tax Code; and WHEREAS, no owner of real property in the proposed zone protested the inclusion of their property in the proposed zone; and WHEREAS, the City has provided all information, and made all presentations, given all notices and done all other things required by Chapter 311, Texas Tax Code, or other law as a condition to the creation of the proposed zone; and pg.86 6/1720254A/2024 WHEREAS, the total appraised value of taxable real property in the proposed zone and all other tax increment reinvestment zones previously created by the City is approximately $4,422,000; and WHEREAS, the total area within the proposed zone is approximately 315 acres, excluding property that is publicly owned; NOW, THEREFORE, BETORDAINED BY THE CITY COUNCIL OF THE CITY OF SEALY, TEXAS: Section 1. Findings. (a) That the facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct and are adopted as part of this Ordinance for all purposes. (b) That the City Council further finds and declares that the proposed improvements in the zone will significantly enhance the value of all the taxable real property in the proposed zone and will be of general benefit to the City. (c) That the City Council further finds and declares that the proposed zone meets the criteria and requirements of Section 311.005 of the Texas Tax Code because the proposed zone contains substantial areas that are predominantly open and underdeveloped, and lack public water distribution, and wastewater collection facilities, which conditions substantially impair and arrest the sound growth of the City. pg.87 6/17/202542/2024 (d) That the City Council, pursuant to the requirements of Chapter 311, Texas Tax Code, further finds and declares: (1) That the proposed zone is a contiguous geographic area located wholly within the corporate limits of the City of Sealy; (2) That the total appraised value of taxable real property in the oroposed zone does not exceed fifteen percent of the total appraised value of taxable real property in the City; and (3) That the development or redevelopment of the property in the proposed zone will not occur solely through private investment in the reasonably foreseeable future. Section 2. Designation of the Zone That the City, acting under the provisions of Chapter 311, Texas Tax Code, including Section 31 1.005(a), does hereby designate as a reinvestment zone, and create and designate a reinvestment zone over, the area described in Exhibit "A" to promote the development of the area. The reinvestment zone shall hereafter be named foridentification as Reinvestment Zone Number Two, City of Sealy, Texas, (the Zone"). The City Council specifically declares that the Zone is designated pursuant to Section 311.005(a)() and (2) of the Texas Tax Code. pg.88 6/1720254A/2024 Section 3. Board of Directors That there is hereby created a Board of Directors for the Zone, which shall consist of seven (7) members. Positions One through Five on the Board of Directors shall be reserved for the City. Positions Six and Seven shall be reserved for other taxing units levying taxes within the. Zone, each of whom may appoint one director. Any taxing unit that appoints a director shall be assigned a Board position number in the order the City receives the appointment. Failure of a taxing unit to appoint a director by December 31, 2005, shall be deemed a waiver of the right to appoint a director, and the City shall be entitled to appoint persons to the position, which shall be filled as orovided below. If more than two taxing units levying taxes within the Zone appoint a director, the number of directors on the Board of Directors shall be increased by one for each taxing unit above two that appoints a director to the board; provided, if more than four taxing units levying taxes within the Zone appoint a director, the number of directors on the Board of Directors shall be increased by two for each taxing unit above four that appoints a director to the board, provided, further, that the maximum number of directors shall not exceed fifteen (15). The City: shall be entitled to appoint a person to one position of each of the two positions created as a result of more than four taxing units pg.89 6/1720254A/2024 appointing directors, which position shall be filled as orovided below. The Mayor is hereby authorized to nominate and appoint, subject to City Council approval, the directors to Positions One through Five of the Board of Directors, any position unfilled on December 31, 2005, and any City position created by the appointment of a director by more than two taxing units levying taxes within the Zone, subject to the consent and approval of the City Council. The directors appointed to odd-numbered positions shall be appointed for two year terms, beginning on the effective date of this Ordinance, while the directors appointed to even-numbered positions shall be appointed to a one year term, beginning on the effective date of this Ordinance. All subsequent appointments shall be for wo-year terms. The member of the Board of Directors appointed to Position One is hereby designated to serve as the chair of the Board of Directors for a one-year term beginning on the effective date of this Ordinance. Thereafter the Mayor shall annually nominate and appoint, subject to City Council approval, ar member to serve as chair for a term of one year beginning on the anniversary of the effective date of this Ordinance. The City Council authorizes the Board of Directors to elect from its members a vice-chairman and such other officers as the Board of Directors sees fit. pg.90 6/1720254A/2024 The Board of Directors shall make recommendations to the City Council concerning the administration of the Zone. The Board of Directors shall prepare or cause to be prepared and adopt a project plan and a reinvestment zone financing plan for the Zone as described in Section 311.011, Texas Tax Code, and shall submit such plans to the City Council fori its approval. The City hereby delegates to the Board of Directors all powers necessary to prepare and implement the project plan and reinvestment zone financing plan, subject to approval by the City Council, including the power to employ any consultants or enter into any reimbursement agreements payable solely from the Tax Increment Fund established pursuant to Section 6 of this Ordinance, subject to the approval of the Mayor, that may be reasonably necessary or convenient to assist the Board of Directors in the preparation of the project plan and reinvestment zone financing plan and in the issuance of tax increment obligations. Section 4. Duration of the Zone That the Zone shall take effect upon passage of this Ordinance, for the deposit of tax increments into the Tax Increment Fund established pursuant to Section 6 of this Ordinance, and termination of the operation of the Zone shall occur on December 31, 2035, or at an earlier time designated by subsequent pg.91 6/1720254A/2024 ordinance, or at such time, subsequent to the issuance of tax increment bonds, if any, that all project costs, tax increment bonds, notes and other obligations of the Zone, and the interest thereon, have been paid in full. Section 5. Iax Increment Base That the Tax Increment Base of the City or any other taxing unit participating in the Zone for the Zone is the total appraised value of all real property taxable by the City or other taxing unit participating in the Zone and located in the Zone, determined as of January 1, 2005, the year in which the Zone was designated as a reinvestment zone (the Tax Increment Base"). pg.92 6/1720254A/2024 Section 6. Tax Increment Fund That there is hereby created and established a Tax Increment Fund for the Zone which may be divided into subaccounts as authorized by subsequent ordinances. All Tax ncrements, as defined below, shall be deposited in the Tax Increment Fund. The Tax Increment Fund and any subaccount shall be maintained at the depository bank of the City and shall be secured in the manner orescribed by law for funds of Texas cities. The annual Tax Increment shall equal the property taxes levied by the City and any other taxing unit participating in the Zone for that year on the captured appraised value, as defined by Chapter 311 of the Texas Tax Code, of real property located in Zone that is taxable by the City or any other taxing unit participating in the Zone, less any amounts that are to be allocated from the Tax Increment pursuant to Chapter 311 of the Texas Tax Code. All revenues from the sale of any tax increment bonds, notes or other obligations hereafter issued for the benefit of the Zone by the City, if any; revenues from the sale of property acquired as part of the project plan and reinvestment zone financing plan, if any; and other revenues to be used in the Zone shall be deposited into the Tax Increment Fund. Prior to the termination of the Zone, money shall be disbursed from the Tax Increment Fund only to pay project costs, as defined by the Texas Tax Code, pg.93 6/1720254A/2024 for the Zone, to satisfy the claims of holders of tax increments bonds or notes issued for the Zone, or to pay obligations incurred pursuant to agreements entered into to implement the project plan and reinvestment zone financing plan and achieve their purpose oursuant to Section 311.010(b) of the Texas Tax Code. pg.94 6/1720254A/2024 Section 7. Severability If any provision, section, subsection, sentence, clause or phrase of this Ordinance, or the application of same to any person to set circumstances, is for any reason held to be unconstitutional, void ori invalid, the validity of the remaining provisions of this Ordinance or their application to other persons or set of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this Ordinance that no portion hereof or regulations connected herein shall become noperative or fail by reason of any unconstitutionality, voidness or invalidity of any portion hereof, and all provisions of this Ordinance are declared severable for that purpose. Section 8. Open Meetings It is hereby found, determined and declared that a sufficient written notice of the date, hour, place and subject of the meeting of the City Council at which this Ordinance was adopted was posted at a place convenient and readily accessible at all times to the general public at the City Hall of the City for the Time required by law preceding its meeting, as required by the Open Meetings Law, Texas Government Code, Ch. 551, and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter hereof has been discussed, considered pg.95 6/1720254P22024 and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 9. Notices The contents of the notice of the public hearing, which hearing was held before the City Council on December 22, 2004, and the publication of said notice, are hereby ratified, and confirmed. PASSED AND APPROVED on first reading this 22nd day of December 2004. PASSED, APPROVED, AND ADOPTED on second and final reading this 12th day of January 2005. Russell L. Koym Mayor ATTEST: Sucha Sangbn Krishal Langton City Secretary pg.96 6/17/20254A/2024 FIELD NOTE DESCRIPTION 315.584 ACRES OF LAND AUSTIN COUNTY, TEXAS BEING a 315.584 acre tract of land out of and part of tracts 1, 2 and 3 of the partition of the J. W. Allen Estate. Tract 2 is a 105 acre tract recorded in Volume 273, Page 15 and tract 3, a 105 acre tract recorded in' Volume 228, Page 314 andi tract 1 isrecorded in' Volume 133, Page 630 of the Deed Records of Austin County, Texas and a 33.4307 acre tract known as Sealy Homestead filed under file number 007427 of the Austin County Deed Records. Said tracts 1, 2 & 3 are out of the C. C. Allen Survey, Abstract 337 Austin County, Texas and Sealy Homestead is out of the Issac Gifford Survey, Abstract No. 179 Austin County, Texas. Said 315.584 acre tract is more particularly described by metes and bounds as follows: BEGINNING at a 3/8"i 'ironr rod at thei intersection of the north right-of-way ofF.M. Highway 2187 and the east line of said tract 1, being the a northeast comer of this tract; THENCE S 48°12'08"E, along the east line of tract 1, across said highway, 151.78 feet to a point in the south right-of-way of FM: 2187 being the west comer of Sealy Homestead for an interior comer of this tract; THENCE N 79°33'15'E, along the south right-of-way ofF.M. Highway 2187, 1748.11 feet to the beginning of a curve to the right, having a radius of 22,858.30 feet, a central angle of 0°25'38" and a chord bearing N79°45'14'E- 170.39 feet; THENCE along said curve 170.39 feet to a point being the northeast comer of said Sealy Homestead and the most northerly comer of this tract; THENCE S09°42'02'E, along the southeast line of Sealy Homesteaa and a 1.514 acre tract described in Volume 653, Page 297 ofi the deed records of Austin County, Texas and a 1.089 acre tract described in Volume 361, Page 448 of the deed records of Austin County, Texas, 701.85 feet to point being the southwest comer of said 1.089 acre tract and an angle point; THENCE continuing SI6°33'07"E along said east line of Sealy Homestead and the west line of a tract described in Volume 554, Page 417 of the deed records of Austin County, Texas, 200.1 14 feet to a point being the southeast comer of Sealy Homestead and a southeast comer of this tract; THENCE S76°0243W, along the south line of Sealy Homestead and the north line of a 42.066 acre tract described in Volume 263, Page 262 of the deed records of Austin County, Texas, 1178.90 feet to a point in the east line of tract 1 being the southwest comer of Sealy Homestead and an interior comer of this tract; pg.97 6/1720254A/2024 THENCE S48°12'08'E, along the east line of tract 1 and the west line of said 42.066 acre tract, 2561.65 feet to a point for an interior comer of this tract; THENCE N42°4354'E, 169.06 feet to a point for a northeast comer of this tract; THENCE S14°52'50'E, 1729.67 feet to a point for the southeast comer of this tract; THENCE S80°07' 10'W, 231.50 feet to a point for a southwest comer of this tract; THENCE NI4°52'50'W, 312.141 feet to a point for a southwest comer of this tract; THENCE S80°5459"W, 554.501 feet to a point for a southwest comer of this tract; THENCE NI301536'W, 860.92 feet to a point in the south line of tract 2 for an interior comer of this tract; THENCE S42°4354'W, along the south line of tract 2 and 3, 1080.88 feet to a point for an interior comer of this tract; THENCE $47°1606'E, 102.45 feet to a point being the beginning of a non tangent curve to the right, having a radius of 350.00 feet, a central angle of 43°34'20" and a chord bearing S23007'14'E- - 259.80 feet; THENCE along said curve to the right 266.17 feet to the end of said curve; THENCE S02°58'16'E, 360.83 feet to a point in the north right of way ofF.M. Highway 1094 for a southeast comer of this tract; THENCE S8601526'W, along said right-of-way 80.00 feet to a point for a southwest comer of this tract; THENCE NO2°58' 16"W, 360.83 feet to a point being the beginning of a non tangent curve to the left, having a radius of 250.00 feet, a central angle of 45024'33" and a chord bearing N2704840'W - 192.99 feet; THENCE along said curve 198.14 feet to the end of said curve; THENCE N47°1606'W, 102.45 feet to a point ini the south line ofi tract 3, being an interior comer of this tract; pg.98 6/17/202542/2024 THENCE S42°4355W, along thes south line of tract 3, 513.51 feet to a point being the southwest corner of tract 3 and a southwest comner of this tract; THENCE N48916'22'W, along the west line of tract 3, 5056.28 feet to a point in the south right of way of F.M. 2187, for the most westerly comer of this tract; THENCE N41°09'25'E, along the south right-of-way of F.M. 2187, 91.25 feet to the beginning of a curve to the right having a radius of 1850.03 feet, a central angle of 38°25' 10" and a chord bearing N60°22'00'E 1217.42 feet. THENCE along said curve and the south right-of-way ofF.M. Highway 2187, 1240.53 feet to the end of said curve; THENCE N79°32' 40"E, along said right-of-way, 592.14f feet to a point ini the east line of tract 3 and the west line of tract 2, for an interior comer of this tract; THENCE N48016'22'W, along the east line of tract 3 and the west ine of tract 2, across F.M. Highway 2187, 151.90 feet to a point in the north right-of-way ofF.M. Highway 2187, for a comer of this tract; THENCE N79°3232'E, along the north right-of-way ofF.M. Highway 2187, 536.401 feet to an angle point; THENCE continuing N79°31" 27'E, along said right-of-way, 368.32 feet toi the POINT OF BEGINNING and containing 315.584 acres ofland more or less. pg.99 6/17/20254A/2024 IF ta & Wa de > 5 ABAnd 6 * P SEALY STATION TIRZ EXHIBIT 290.11 Acres of Land - HEARTLAND. HOMES N w t pg.1 100 6/17/20254/2/2024 EXHIBIT "G" CITY OF SEALY BOARDS AND COMMISSIONS POLICY WORKFLOW pg.101 6/17/20254/2/2024 pg. 102 4/2/2024 EXHIBIT "H" ABSTENTION AND CONFLICT OF INTEREST AFFIDAVIT pg.103 6/17/20254/2/2024 CITY OF SEALY BOARDS AND COMMISSIONS POLICY ABSTENTION AND CONFLICT OF INTEREST POLICY EXHIBIT "H" AFFIDAVIT THE STATE OF TEXAS COUNTY OF AUSTIN I, as a member of the_ of the City of Sealy, Texas, make this affidavit and hereby on oath state the following: have a substantial interest in a business entity or real property that may receive as special economic effect that is distinguishable from the effect on the public by a vote or decision of the of the City of Sealy, Texas, as those terms are defined in Chapter 171 of the Local Government Code. The business entity or real property is: The business entity or real property in which have a substantial interest is: [name and address of business and/or description of property] lor a person that is related to me within the first degree of consanguinity (blood) or affinity (marriage) as defined by statel law has a substantial interest in this business entity or real property for the following reasons [circle all that apply): (1) own 10% or more of the voting stock or shares of the business entity; (2) own 10% or more of the fair market value of the business entity; (3) own $15,000 or more of the fair market value of the business entity; pg.1 104 6/1720254P2/2024 (4) receive from the business entity funds that exceed 10% of [my, his, her] gross income for the previous year; (5) have/has an equitable or legal ownership of real property with a fair market value of $2,500 or more. (6) relative within the first degree of consanguinity or affinity has a substantial interest. Upon the filing of this affidavit with the City Secretary for the City of Sealy, I affirm that I shall abstain from any discussion, vote, or decision involving this business entity or real property and from any further participation in this matter whatsoever. Signed this day of 20 Name Title BEFORE ME, the undersigned authority, this day personally appeared and by oath stated that the facts hereinabove stated are true and correct to the best of his/her knowledge or belief. Sworn to and subscribed before me on this day of 20 (Name and Title) Notary Public in and for the State of Texas pg.105 6/17/20254/2/2024 CLEAN COPY BEAL EXAS IMAUDEI / INTLUnS AGENDA ITEM NO: Discussion and Possible Action regarding Amending Boards and Commissions Policy. SUBMITTED BY: Kimbra Hill, City Manager MEETING DATE: June 17, 2025 STAFF REPORT DESCRIPTION In preparation for the orientation and annual training of board and commission members, the attached updates have been incorporated into the amended Boards and Commissions Policy. The purpose of these revisions is to establish a clear, consistent, and comprehensive framework that defines the roles, responsibilities, and expectations of all paricipants-ensuring alignment with City Council's goals, enhancing procedural transparency, and supporting informed, long-term decision- making by advisory bodies. The amended policy serves as a centralized reference resource to guide the effective operation, accountability, and governance of all boards and commissions. V Updated the Staff Liaison titles (Ex. Ciy-Planner Assistant City Manager) y Updated the Meeting Day and Time (Ex. Parks Board meets at 3:00 pm, not 6:00 pm) V Updated the policy with the amended EDC Bylaws, approved May 9, 2024 V Refreshed the Purpose and Scope V Updated the Table of Contents with accurate page number references V Updated the Boards and Commissions Policy Workflow Chart V Restructured the layout from paragraphs to bullet points V Added a cover page V Removed the sample vacancy advertisements V Reorganized the placement of reference topics for better flow V Expanded on the task list for Staff Liaisons and City Secretary V Updated the individual boards and commissions overview pages - from paragraphs to bullet points V Updated the Meeting Times Table V Updated the Appointed Staff Liaison Table V Updated the Orientation Checklist for Staff Liaison to reflect accurate page number references In an effort to minimize the size of the packet and reduce printing and distribution costs, the redlined version of the amended policy has been provided separately. Only the final, clean version is included in your packet for review and consideration. Thel Boards and Commissions Policy establishes a unified framework for the roles, responsibilities, and operations of all advisory bodies within the City of Sealy, It ensures consistency, transparency, and alignment with City Council's goals while clarifying roles and expectations for Council, staff, and appointed members. By consolidating guidance into one reference document, it supports informed decision-making, long-term planning, and efficient use of City resources. Boards & Commissions Policy City of Sealy June 17, 2025 SEAL EXAS Ira ATE CITY OF SEALY BOARDS AND COMMISSIONS POLICY TABLE OF CONTENTS: Purpose and Scope 2 Member Eligibility 3 Recruitment & Advertisement of Vacant Position(s) 3 Application Process 4 Selection Process 5 Term of Office 5 Vacancies 6 Member Orientation and Training 6 Oath of Office & Statement of Appointed Officer 7 General Duties and Responsibilities of Boards and Commission Members 8 Agenda Items 8 Attendance Requirements 8-9 Role of Staff Liaisons 10 Role of City Secretary 11 Conflicts of Interest 12 Membership on Multiple Boards 12 Conduct at Meetings 13 Meeting Times 14 Appointed Staff Liaisons 14 Ordinance and Bylaws Exhibits Overview 15-21 Parks Board 15 Sealy Economic Development Corporation Board of Directors 16-17 Planning Commission 18 Capital Improvements Advisory Committee 19 Charter Review Commission 20 Sealy Development Authority/Tax Increment Reinvestment Zone #2 21 Signature Page Acknowledging Orientation, Open Meetings Act & Public Information Act Training) 22 Responsibilities of Boards and Commission Members 23 Application for Appointment to City of Sealy Boards and Commission (New applicants) 24-28 Application for Reappoinfment to City of Sealy Boards and Commission Currently serving) 29-32 Abstention and Conflict of Interest Policy 33 Orientation Checklist for Staff Liaison 34 EXHIBIT "A" Parks Board - Ordinances 2023-21 35-39 EXHIBIT "B" Sealy Economic Development Corporation Bylaws 05.09.2024 40-52 EXHIBIT "C" Planning Commission - Ordinance 1974-02, 1975-09, 1977-6, 1993-12, 2007-09, 2014-21 53-56 EXHIBIT "D" Capital Improvements Advisory Committee - Resolution 2018-29 57-59 EXHIBIT "E" Charter Review Committee - Code of Ordinances, Section 9.13 60-61 EXHIBIT "PF" Sealy Development Authority/TIRZ #2 - Ordinance 2005-01 62-78 EXHIBIT "G" Boards & Commission Orientation & Application Policy WORKFLOW 79-80 EXHIBIT "H" Abstention and Conflict of Interest Affidavit 81-83 pg. 1 Boards and Commissions Policy 6/17/2025 SEALA EXAS ITART TnLEt ITTEEnBIS CITY OF SEALY BOARDS AND COMMISSIONS POLICY PURPOSE AND SCOPE The purpose of this Boards and Commissions Policy is to establish a single, comprehensive reference framework that governs the operations of all advisory boards and commissions within the City of Sealy. This policy is intended to ensure consistency in governance, procedural clarity, and adherence to applicable City Ordinances and State law. uniform procedures for all advisory boards and commissions of the City. By consolidating policies into one uniform document, the City aims to promote a high standard of accountability, facilitate transparency, and ensure alignment with the strategic goals and vision of the Sealy City Council. This unified approach eliminates the need for separate policies for each board or commission and provides a centralized, reliable source of guidance for all participants. This policy also affirms the City's commitment to equipping each board and commission with tools, information, and procedural support necessary for effective performance. When members are well-informed and understand the broader goals of the City Council, it enhances communication, fosters a culture of civic responsibility, and supports thoughfful long-term planning and decision making. The members who commit to considering, researching, reviewing, investigating, and performing due diligence before making recommendations to the City Council represent one of the community's most valuable tools. Their service is vital to ensuring a thorough, transparent, and responsible public process, and this policy is designed to support their efforts at every level. pg. 2 Boards and Commissions Policy 6/17/2025 MEMBER ELIGIBILITY To be eligible for appointment to a City board or commission, an applicant must meet the following qualifications: Must be a qualified resident of the City of Sealy* for at least one (1) year prior to the date of the appointment (unless specified otherwise in this policy); Must be a qualified voter in the City of Sealy* Must be at least 21 years of age; May not apply to serve on the same board with any immediate family members; and Regular full-time City employees are not eligible unless required by federal, state or local laws or regulations; and Immediate family members of City employees may not apply to serve on City boards *NOTE: TIRZ #2 Board may be subject to additional residence requirements RECRUITMENT AND ADVERTISEMENT OF VACANT POSITIONS To ensure transparency and encourage public participation, the City of Sealy will actively advertise vacancies on boards and commissions with terms expiring on May 31st of each year. Advertising of vacancies will begin on or around March 1st. By the first week of March, the City Secretary will post information regarding available positions through multiple channels, including the City's website, Facebook page, or The Sealy News, inviting qualified individuals to apply. Recruitment efforts may include, but are not limited to: Posting of notice on official City bulletin board; Posting of notice in The Sealy News; Publishing announcements on the City's website; Posting on the City of Sealy's official Facebook account; Outreach through recommendation pg. 3 Boards and Commissions Policy 6/17/2025 APPLICATION PROCESS All eligible individuals seeking appointment to a City board or commission must follow the established application process. New Applicants: individuals applying for the first time must complete an Application for Appointment to City of Sealy Boards and Commissions form. This form must be submitted to the City Secretary by May Ist. Current Members Seeking Reappointment: Incumbent members wishing to continue serving on their current board or commission must complete and submit a Request for Re-Appointment to City of Sealy Boards and Commissions form to the City Secretary by May 1st. Current Members Seeking Appointment to a Different Board: If a current member wishes to be considered for a different board or commission, they must complete and submit a new Application for Appointment to City of Sealy Board and Commissions form for the desired position. The Application for Appointment form collects information about the applicant's background, including relevant work history, areas of expertise, and experience or knowledge related to the subject matter of the board they are applying to. Applicants are encouraged to submit a short bio or resume along with their application. Individuals may apply for more than one board. The Request for Re-Appointment form is a shorter version used exclusively by current board members seeking another term. Like new applications, these forms must be submitted to the City Secretary's Office by the deadline. pg. 4 Boards and Commissions Policy 6/17/2025 SELECTION PROCESS With the exception of the Charter Review Commission, the Mayor shall review all submitted applications and recommend appointments to City Council. Appointments will be confirmed by a majority vote of the City Council and are typically made by the last regularly scheduled Council meeting in May. If appointments are not finalized at that time, current members whose terms are expiring shall continue to serve until their successors are appointed and confirmed by Council. TERM OF OFFICE With the exception of the Charter Review Commission- which shall serve a six (6) month term- members of boards and commissions shall be appointed to two (2) year terms, unless otherwise specified by ordinance or bylaws. Terms shall be staggered, and all terms expire on May 31 of the applicable year. Members may be removed at any time by City Council. If an appointment is not made prior to the member's term expiration, the incumbent member shall continue to serve until their successor is appointed and confirmed by Council. Term Limits: A board member may not serve more than the maximum number of terms allowed under the relevant board's bylaws, resolution, or ordinance. After a minimum one (1) year absence from a board, Council may choose to reappoint a former member to the same board. Term limit enforcement will begin after the completion of terms that commenced prior to June 2020. Council retains the right to remove or replace any appointed member at any time and for any reason. Appointments are for a defined purpose and time, and once a member's term ends and a successor is appointed, the member shall be considered excused from further service unless reappointed. pg. 5 Boards and Commissions Policy 6/17/2025 VACANCIES Occasionally, a board member may be unable to finish their term or may be removed by City Council before their term ends. In such cases, Council may appoint a replacement to fill the unexpired portion of the term, Any individual who previously served on a board may be eligible for reappointment, unless otherwise restricted by this Policy's term imitation provisions. nstead of soliciting applicants for the vacancy, the Mayor may review previously submitted applications maintained by the City Secretary's Office. If no suitable candidates are available from existing applications, a new recruitment process may be initiated following the same procedures as the annual board appointment cycle. MEMBER ORIENTATION & TRAINING All board and commission members will receive an annual orientation session. The orientation will provide an overview of: General duties and responsibilities of the board or commission Role of the staff iaison Requirements of the Texas Open Meetings Act Requirements of the Texas Public Information Act Overview of Robert's Rules of Order Applicable ethics training Annual training will be free of charge and must be completed once every calendar year to maintain eligibility for continued service. Board members who fail to comply with the training requirement may be deemed ineligible for re-appointment. pg. 6 Boards and Commissions Policy 6/17/2025 OATH OF OFFICE AND STATEMENT OF APPOINTED OFFICER Members of boards or commission who are deemed public officers under state law must complete the Statement of Appointed Officer and take the Oathof Office upon appointment. The signed and notarized forms must be filed with the City Secretary's Office. Authorized officials to administer the Statement and Oath include: The Mayor The City Secretary Any Notary Public Boards and commissions subject to this requirement include: Planning Commission Sealy conomic Development Corporation Board of Directors pg. 7 Boards and Commissions Policy 6/17/2025 GENERAL DUTIES AND RESPONSIBILITIES OF BOARDS AND COMMISSIONS MEMBERS Most boards and commissions serve in an advisory capacity, providing ecommendations to City Council on matters related to their specific area of responsibility, established by ordinance, resolution, or governing bylaws. Board or commission members shall: Focus on policy guidance and program recommendations Avoid involvement in the daily operations of the City or in personnelemployment matters Not receive or expect special privileges, project status, or confidential information beyond the scope of their board duties Board and commissions Agenda Items: Generally, the allocation of staff time, resources, and future agenda item requests is reserved for the mplementation of City Council's established goals, priorities, and initiatives. Board and commission members are not intended to lead or direct City operations, but rather to review, inquire, research, and make informed ecommendations to City Council, based on data, staff input, policy alignment, and compliance with City ordinances and State law. The subject matter of current and future agendas is determined by Council direction or by legal requirements set forth in State law. Board and commission member advisory service is vital to ensuring a thorough, transparent, and responsible public process, and this policy is designed to support their efforts at every level. Board and commissions member Attendance at Meetings: Appreciation of Service City Council values the dedication and Service of community members who volunteer their time to serve City boards and commissions. Each decision made by these boards impacts the well-being, future growth and development, and quality of life and amenities in the community. The integrity and functionality of the bodies depend on consistent attendance and participation. pg. 8 Boards and Commissions Policy 6/17/2025 Attendance Expectations To ensure effective governance and uphold public trust, regular attendance at all board and commissions meetings is mandatory. Any member who is unable to attend a meeting must notify the Staff Liaison or City Secretary's Office in advance of the scheduled meeting. Attendance Violations and Consequences The following attendance issues shall be considered neglect of duty and may result in removal from position: Three (3) consecutive absences from a board's regular meetings Absence from more than wenty-five percent (25%) of the meetings in any six (6) month period Exemptions Absences may be excused if due to unusual circumstances beyond the member's control, such as personal illness or illness of an immediate family member Monitoring and Enforcement The City Secretary's Office shall track attendance and report any excessive absences to the Mayor. The Mayor will review each case to determine if a recommendation to City Council for removal is deemed appropriate. pg. 9 Boards and Commissions Policy 6/17/2025 ROLE OF STAFF LIAISONS A City staff member shall be assigned as a liaison to each board or commission to ensure administrative support, echnical guidance, and alignment with City Council's goals and directives. The primary responsibilities of the staff liaisons Notify new board members of their appointment to the board Coordinate annual orientation to members with Department Head & City Secretary Prepare meeting materials Draft agenda for all meetings Prepare staff reports and supportive documents Keep the members updated and informed on relevant projects Offer echnical data and background information relevant to agenda items Facilitate Board Understanding Ensure that board members understand City Council's goals and vision for the community Provide and reference when applicable: City Ordinances Minimum Construction Standards Capital Improvement Plan Texas Local Government Code Bylaws Other relevant policies or regulations Support Council Objectives specific to each board's role and function Communication and Representation The staff liaison shall act as a conduit between City Council and the board or commission by attending all meetings conducted by the assigned ooard and presenting and discussing factual information related to matters being considered by the board. The staff iaison will ensure that the board understands Council's goals and vision for the community, and refers to the Ordinances, Minimum Construction Standards, Texas Local Government Codes and bylaws, and SO forth as applicable, that govern the agenda item topics presented for ooard consideration, in compliance with Council's directive and objectives for each board. pg. 10 Boards and Commissions Policy 6/17/2025 ROLE OF CITY SECRETARY Meeting Administration & Other Administrative Responsibilities The City Secretary or designee is responsible for: Posting notices of meetings for all boards and commissions Ensuring meeting minutes are timely prepared and maintained Ensuring public hearing notices and legal posting are completed in accordance with applicable law and policy Upon annual appointment of new members, create new member rosters and provide them to staff liaisons to distribute to all board members Maintaining attendance records Notify the Mayor of: o Three (3) consecutive excused absences Absences of 25% or more of scheduled meetings within a six-month period Ensuring: Public notice of board vacancies is advertised in accordance with policy Accurate records of board member terms and term limits are maintained Board Orientation and Member Training The City Secretary or designee will: Participate in and coordinate annual orientation presentations with staff liaisons Upon annual appointment: nform all members regarding the annual training requirement and provide links to the training materials Use Form Page 17 to track and maintain records verifying completion of annual training requirements: Texas Open Meetings Act Texas Public Information Act Compliance and Officer Administration The City Secretary or designee will also; Ensure newly appointed officers take oaths of office Verify that agenda items include provisions for the nomination and election of officers in accordance with applicable ordinances Confirm that all meetings are conducted in compliance with the Texas Open Meetings Act and City policy Additional Appointments Staff Liaison to the Charter Review Commission Ex-officio (non-voting) member of the Capital Improvements Advisory Committee (CIAC) pg. 11 Boards and Commissions Policy 6/17/2025 CONFLICTS OF INTEREST Any board member shall comply with the requirements of Chapter 171 and Chapter 573 of the Texas Local Government Code with respect to conflicts of interest. It is the responsibility of each member of these boards to file a "Abstention and Conflict of Interest" affidavit (Exhibit G) with the City Secretary's Office when a conflict exists because he or she has a substantial interest in a matter being considered by the board. Substantial interest means the individual: 1. Owns 10% or more of the voting stock or shares of the business; 2. Owns either 10% or more than $15,000 of the fair market value of the business; 3. Receives funds from the business that exceeds 10% of the person's gross annual income for the preceding year; 4. Ownership in real property with a fair market value of $2,500 or more, or 5. Relative within the first degree of consanguinity or affinity has a substantial interest. Advisory board members shall abstain from participation in a matter when a personal interest creates or gives the appearance of being a conflict of interest. However, the majority of members of the same advisory board have similar conflicts of interest in the same matter under consideration by the board, such members are not required to abstain from oarticipating or voting on the matter. MEMBERSHIP ON MULTIPLE BOARDS If a member is serving on more than one board, the member, before discussing and/or voting on a decision that involves funding which impacts matters specific to another board's duties and responsibilities on which said member serves, shall verbally disclose his/her membership on any other board impacted by the funding decision to the other board members in attendance at the meeting. Said member may fully participate in the discussion and vote on the decision involving funding after disclosing his/her membership on any other board impacted by the funding decision. pg. 12 Boards and Commissions Policy 6/17/2025 CONDUCT OF MEETINGS A. The Chair of each board shall preside at the meetings and in his or her absence the Vice-Chair shall preside. The Chair shall call the meeting to order. B. The Chair shall address the posted items on the agenda in the order posted; however, items may be addressed out of order as long as a motion is made, seconded, and receives approval by majority vote. C. A motion may be made by any member other than the presiding officer. A second to the motion is required before a vote can be taken. Any motion dies for a lack of a second. D. Agenda items discussed and considered by the board may be disapproved only for legal reasons. The valid legal reason must be cited in the motion. E. Roberts Rule of Order shall be used as a guideline to conduct meetings. F. All meetings will be held in compliance with the Open Meetings Act ("The Act") and shall be open to the public, except for those items considered in a meeting which are authorized by the Act to be discussed in executive session. G. Request for future agenda items, if included, must be relevant to further examination of an existing agenda item pg. 13 Boards and Commissions Policy 6/17/2025 BOARDS AND COMMISSIONS MEETING TIMES Board/Commision Meeting Day Meeting Time Membes/Appohnlmenks Parks Board Third Wednesday, every 3 months 3:00 pm 5members: May; 1-3 even/ 4-5 odd Sealy Economic Development Fourth Tuesday each month 6:00 pm 7 members; May; 1 or 2Cily Council; Corporation 1-4 even years/5-7 odd years Planning Commission Second Wednesday each month 6:00 pm 7r members; May; 1-4 odd/5-7 even years Capital Improvements Advisory Twice per year, typically in June & 6:00 pm, Planning Commission members, a Committee December after minimum of 5 members; 1 real estate, Planning T development, 1 building industry & Commission City Secretary ex-officio Charter Review Commission Monthly and typically, June - 5:00 pm 5r members; May every 5 years November, every 5 years Tax Increment Reinvestment Typically, once per year, on an as 6:00 pm 7 members; May Zone #2 needed basis 1-5 Cily; 6 & 7 for taxing units levying taxes in the zone; staggered yeors 2- 4-6 even) years/1-3-5-7 odd years APPOINTED STAFF LIAISON TO BOARDS AND COMMISSIONS Parks Board Public Works Parks/Streels/Faciles Admin Economic Development Corporation Executive Director of SEDC Planning Commission/ CIAC Assistant City Manager Charter Review Commission Cily Secretary TIRZ #2 Finance Director pg. 14 Boards and Commissions Policy 6/17/2025 BOARDS AND COMMISSIONS ORDINANCE(S) AND BYLAWS EXHIBITS OVERVIEW Parks Board (EXHIBIT 1 A") Ordinance 2023-21, Ordinance 2020-08, Ordinance 2018-06; Term: 2 years; no term limit Parks Board Staff Liaison The Public Works Parks/Sreels/Faciles Administrator, under the direction of the Public Works Director, will serve as the staff liaison to the Parks and Recreation Board Parks Board Responsibilities The Parks Board serves in an advisory capacity to: Solicit funds, donations, and bequests for park acquisitions, additions, and improvements Promote and stimulate public interest in parks and recreational programs Assist in the planning and operation of the City's parks and recreation system Review and monitor existing operations, and recommend improvements to better utilize existing facilities Make recommendations to attract, retain, and facilitate sports events, tournaments, and sports organizations in Sealy Advise City Council on matters related to current and future sports event programming in the City Advise and assist City Council in creating effective citywide policies for litter prevention and beautification programs at city parks and recreation facilities Parks Board Composition The Board consists of five (5) members The City Manager serves as an ex-officio (non-voting) member Parks Board Member Qualifications Members should have knowledge or experience in the following areas: City parks and annual community events Local community boards, foundations, and leagues that support parks and recreation preservation and improvement Community stakeholder engagement Landscaping, horticulture, and maintenance and preservation of facilities Parks Board Term Structure Positions 1, 2, and 3: Terms end in even-numbered years Positions 4 and 5: Terms end in odd-numbered years pg. 15 Boards and Commissions Policy 6/17/2025 Sealy Economic Development Corporation Board of Directors (EXHIBIT "B") No Ordinance. Bylaws approved by EDC 4/23/24 & amended by City Council on 5/9/24; Term: 2 years; no term limit SEDC Staff Liaison The Executive Director of the Sealy Economic Development Corporation (SEDC) will serve as the staff liaison to the Board and is responsible for the administration of the affairs of the Corporation. SEDC Board Responsibillties The Board serves in an advisory and managerial capacity to: Promote economic and community development within and on behalf of the City of Sealy Develop, implement, provide, and finance projects as defined in Section 4B of the Development Corporation Act of 1979, now codified in Chapters 501-505 of the Texas Local Government Code Manage and control the property and affairs of the Corporation Assist in ensuring that: o The strategic plan o Business recruitment goals o Business retention plan Community amenities and infrastructure mprovement/eaporson: meet the long-term vision of the City of Sealy Ensure alignment with the City's: O Comprehensive Plan Capital Improvement Plan Carry out additional powers and duties as dictated by the SEDC Bylaws SEDC Board Composition The Board consists of seven (7) members The Board possesses all powers (expressed and implied) granted by: Texas Local Government Code, Chapter 501, et seq. Texas Non-Profit Corporation Act The Corporation operates in accordance with: o State law o Its Articles of Incorporation Its Bylaws SEDC Officers o Officers of the Corporation include: O President Vice President Secretary 0 Treasurer Officers are elected annually by the Board at the regular meeting in June pg. 16 Boards and Commissions Policy 6/17/2025 SEDC Board Member Qualifications Members should be knowledgeable in: Economic development Finance Community development Tourism Members should also be familiar with: The City of Sealy's Comprehensive Plan The Capital Improvement Plan The Major Thoroughfare Plan The City's infrastructure systems SEDC Board Meeting Schedule The Board holds a regular meeting once per month, on the fourth Tuesday Regular meetings are held: o Within the City of Sealy At the principal offices of the Corporation or At such other location as designated by the Board SEDC Special Meetings May be called at the request of: ) The President, or Any two (2) Directors, in accordance with SEDC Bylaws pg. 17 Boards and Commissions Policy 6/17/2025 Planning Commission (EXHIBIT "C") Ordinance No. 2014-21, Ordinance 1993-12; Term: 2 years; no term limits Planning Commission Staff Liaison The Assistant City Manager, who serves as the City's Planner, will act as the staff liaison to the Planning Commission. Planning Commission Responsibilities The Planning Commission serves in an advisory capacity to the City Council, as provided by State law and the City of Sealy Code of Ordinances, to: Guide and direct future growth and development of the City through recommendations related to the municipal comprehensive plan Engage in planning studies and develop plans for public improvements, including: O Streets o Drainage and/or flood control Utilities o Parks Other public infrastructure Make recommendations to City Council to: o Approve or disapprove land subdivision plats or re-plats o Vacate plats or re-plats O Approve or disapprove variance requests , Create, amend, and implement long-range plans, programs, and policies that affect public safety, health, and well-being Hold public hearings when required by State law Perform other duties and responsibilities as referred by the City Council Planning Commission Composition The Commission consists of seven (7) members The Commission shall elect a chairman and vice-chairman from among its members Member Qualifications Members should be knowledgeable in: Real estate Development General construction The following licensed professionails in the State of Texas are encouraged as candidates: Electricians Plumbers Engineers Additionally, members should have: Knowledge of the City of Sealy Ordinances Familiarity with the City's Comprehensive Plan An overall understanding of the City's long-range olanning vision and the impact on infrastructure, safety, and community well-being pg. 18 Boards and Commissions Policy 6/17/2025 Capital Improvements Advisory Committee (EXHIBIT "D") Resolution 2018-29. The City's Planning Commission shall act as the Capital Improvement Advisory Committee as provided by Section 395.058 of the Local Government Code. Term: 2 years Capital Improvement Advisory Committee_/CIAC) Staff Liaison The Assistant City Manager, who also serves as the City's Planner, will serve as the staff liaison to the CIAC. The City Secretary serves as an ex-officio (non-voting) member of the committee. CIAC Membership Requirements As governed by Texas Local Government Code $395.058: The Committee must consist of no fewer than five (5) members Members are appointed by a majority vote of the City Council At least 40% of members must be representatives of the real estate, development, or building industries who are not employees or officials of any political subdivision or governmental entity If the Planning Commission includes at least one qualifying industry representative (not affiliated with a governmental entity), the Commission may serve as the CIAC CIAC Responsibillties The Capital Improvements Advisory Committee serves in an advisory capacity to the City Council, focusing on long-term growth and infrastructure planning. The Committee shall: Advise and assist the Council in adopting land use assumptions Review the Capital Improvements Plan (CIP) Monitor the implementation of the CIP and file written comments Submit semiannual reports to the Council regarding the progress of the plan Advise the Council on the need to update or revise: o Land use assumptions o Capital Improvements Plan Impact fees Council Responsibilities to the CIAC Provide the Committee access to orofessional reports related to the development and implementation of the CIP Adopt procedural rules for the Committee to follow in performing its duties pg. 19 Boards and Commissions Policy 6/17/2025 Charter Review Commission (EXHIBIT "E") Code of Ordinances, Article IX, Section 9.13 Term: 6 months, may be extended (per Proposition 5 Amendment) Charter Review Staff Liaison The City Secretary will serve as the staff liaison to the Charter Review Commission. Charter Review Commission Purpose The Charter Review Commission serves in an advisory capacity to the City Council for the purpose of: Reviewing the operation of City government under the current Charter provisions Identifying provisions of the Charter that may require revision or update Making formal recommendations to the City Council regarding proposed charter amendments Commission Appointment and Term Cycle The Charter Review Commission is appointed every five (5) years Past Charter amendments were adopted on: May 22, 2006 May 10, 2014 May 6, 2017 May 7, 2022 The next scheduled appointment is in 2027, to prepare for proposed amendments for the May 2027 election After 2027, the Commission will continue to be appointed every five years Commission Composition The Commission will consist of five (5) citizens of the City of Sealy Members must be residents of Sealy, selected for their commitment to public service and understanding of city governance pg. 20 Boards and Commissions Policy 6/17/2025 Sealy Development Authority/Tax Increment Reinvestment Zone #2 (EXHIBIT "F") Ordinance 2005-01; Term: 2 years; no term limit Tax Increment Reinvestment Zone (TIRZ) Staff Liaison The Finance Director will serve as the staff liaison to TIRZ Board #2. TIRZ Board #2 Responsibilties The TIRZ Board #2: serves in an advisory and administrative capacity to the City Council. The Board is responsible for: Making recommendations to the City Council concerning the administration of the Tax Increment Reinvestment Zone (TIRZ) Preparing (or causing to be prepared) and adopting a: Project Plan Reinvestment Zone Financing Plan Submitting the plans to the City Council for approval TIRZ Board #2 Composition The Board consists of seven (7) members TIRZ Board #2 Position Allocation Positions 1-5: Reserved for City of Sealy representatives Positions 6-7: Reserved for citizens of the taxing units levying taxes within the TIRZ pg. 21 Boards and Commissions Policy 6/17/2025 SEAL EXAS AEITUET TLBET 4 ITTUnDET CITY OF SEALY BOARDS AND COMMISSIONS POLICY SIGNATURE PAGE I HAVE A RESPONSIBILITY TO PROTECT THE INTEGRITY OF OUR GOVERNING PROCESS AND THEREFORE HAVE READ AND AGREED TO THE ABOVE GUIDELINES. BY AFFIXING MY SIGNATURE, I ACKNOWLEDGE THAT WILL ABIDE BY THE CITY OF SEALY CITY BOARDS AND COMMISSIONS POLICY AND PROCEDURE. Printed Name Signature Date Participated in Orientation on date of: Completed Open Meetings Act training on date of: Completed Public Information Act training on date of: pg. 22 Boards and Commissions Policy 6/17/2025 SEAL CEXAS ETETCTuECT TITETE BOARDS AND COMMISSIONS POLICY RESPONSIBILITIES OF BOARDS AND COMMISSIONS MEMBERS To be selected as a City board or commission member is a high honor and provides an unusual opportunity for genuine public service. Although specific duties of each vary with the purpose for which they are formed, there are certain responsibilities that are common to all members. The following is a summary of those responsibilities: 1. Understand the role and scope of responsibility, serving at the pleasure of City Council, in an advisory capacity to make recommendations on issues specific to the board's duties and responsibilities. Be informed of the individual board or commission's scope of responsibility and operating procedures. 2. Members are required to complete training on the Public Information Act and Open Meetings Act and submit a certificate of completion, preferably prior to performing any official duties as a board and commission Member, but not greater than within 60 days of appointment to board. 3. Be careful to represent the majority views of your individual board or commission. Individual "opinions" to the public and press are discouraged and, if given, should be identified as such. 4. Members should represent the public interest and not special interest groups. 5. Members are in a unique position of serving as a liaison between the City and the citizens and can help to reconcile contradictory viewpoints and to build a consensus around common goals and objectives. 6. Do your homework and be thorough in ecommendations, View situations under consideration prior to the meeting in order to be fully prepared to discuss, evaluate, and act on all matters scheduled for consideration. Conclusions based on careful preparation will strengthen the value of the groupsrecommendaion. 7. Supportive relationships with the City Council and City staff are basic for successful operation of any board or commission. In contacting City personnel on items of consideration, the proper channel is through the designated City staff liaison providing staff support for your group. Board members may not become involved in the daily operation of the City or in personnel or employment matters, nor be granted special privileges or project status and information outside of their responsibilities as board members. 8. Establish a good working relationship with fellow group members. Respect individual viewpoints, allow other members time to present their views fully before making comments, be open and honest, welcome new members and strive to minimize political action on issues. 9. Council appointments to boards and commissions are made without regard to political parly affiliation. Members are not restricted from participating in political activities; however, members should not use or involve their membership in the conduct of political activities. pg. 23 Boards and Commissions Policy 6/17/2025 CEXAS Hh SEAL AHISTORY or EXCELLENCE AFUTURE or PROGRESS APPLICATION FOR APPOINTMENT TO CITY OF SEALY BOARDS OR COMMISSIONS (Use this form for new applicanfs who are not currently serving) pg. 24 Boards and Commissions Policy 6/17/2025 APPLICATION FOR APPOINTMENT TO CITY OF SEALY BOARDS AND COMMISSION The City Council will use this application for their selection of individuals for appointments to specific boards and commissions that were established to assist and advise the City Council on specific issues. All information provided in this application is public information pursuant to the Texas Public information Act All individuals appointed to serve on a board or commission will be required to complete training relative to the Texas Open Meetings Act and Texas Public Information Act Name: Phone Numbers: (Home). (Mobile). Residential Address: Email: Business Address: Business Telephone: Do you live inside the city limits of Sealy? Yes No If SO, how many years? Are you registered to vote in the City of Sealy? Yes No If no, Do you live in the extra territorial jurisdiction of the City of Sealy? Yes No Do you live in Austin County? Yes No Are any immediate family members employed by the City of Sealy? Yes No If yes, please specify: Do any immediate family members serve on boards or commissions in the City of Sealy? Yes No; If yes, please specify: pg. 25 Boards and Commissions Policy 6/17/2025 Indicate the following Boards and Commissions you are inferested in serving on: (Please indicate Yes or No and rank preference by number with 1 being the group in which you are most interested) Name of Board/Commission Yes No Rank Economic Development Corporation Parks Board Planning Commission & Capital Improvement Advisory Committee Charter Review Commission (every 5 years, next appointment in 2027) Tax Increment Reinvestment Zone (TIRZ) #2 occupation/Areds of Expertise: Work experience applicable to the City board or commission for which you are applying: Have you attended a City Council meeting? Yes No Have you attended a board or commission meeting for which you have applied? Yes No Do you have knowledge/raining regarding the applied board or commission? Yes No List any specific nowledge/raining/experience that qualifies you to serve in the position(s) indicated: Do you have knowledge/experise in any of the following areas? Please check all that apply: pa. 26 Boards and Commissions Policy 6/17/2025 AREA OF KNOWIEDGE/EXPERISE YES NO Staff Use Only: Real Estate/ Development P,S Manufacturing/ Industrial Operations P,S Business Development P,S Law/ Contractual Administration STCR Building/ Construction P,S Banking/ Finance S Promotion/ Marketing S, Parks Business Management S, MS Strategic Planning/ Project Management P,S Event Planning/ Tourism/ Sporting Events Parks Landscapel Horticulture Parks Historic Preservation Parks Do you currently serve on other board or commission at this time? Yes No If SO, which board or commission? Do you have any business or personal relationship with the City of Sealy that would affect your ability to have impartial judgement in City matters? Yes No If yes, please explain: What do you hope to contribute to the community by serving on the board or commission to which you applied? List any civic, community, or volunteer activities with which you have been involved that you feel should be considered: pa. 27 Boards and Commissions Policy 6/17/2025 I understand that if any member of the public makes a request for information included in the application for appointment, it must be disclosed under the Public Information Act. also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Sealy, and its agents, employees and officers from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. swear that all of the statement in my application are true and correct. hereby affirm that I am aware of the requirement of the position and certify that I meet those requirements. Applicant Signature Date All applications must be signed and submitted to the City Secretary. If there are no vacancies at the time of submittal, all applications are kept two (2) years from receipt of the application and will be destroyed as mandated. Please call (979) 885-3511 or email vroblececiseayIkus any questions to the City Secretary's office. Submit applications by mail to: City of Sealy P. O. Box 517 Sealy, Texas 77474 Or email application to: svioblec@cisedk.kxus pa. 28 Boards and Commissions Policyv 6/17/2025 CEXAS AHISTORY or EXCELLEKCE AFUTURE or PROORESS SEAL APPLICATION FOR REAPPOINTMENT TO SERVE ON A CITY OF SEALY BOARD OR COMMISSION (Use this form when the applicant is currently serving) na 29 Boards andCommiscinns Policv. 6/17/2025 REQUEST FOR REAPPOINTMENT TO CITY OF SEALY BOARDS AND COMMISSIONS The City Council will use this application for their selection of individuals for appointments to specific boards and commissions that were established to assist and advise the City Council on specific issues. All information provided in this application is public information pursuant to the Texas Public Information Act All individuals appointed to serve on a Board or Commission will be required to complete training relative to the Texas Open Meetings Act and Texas Public Information Act Name: Phone Numbers: (Home). (Mobile). Residential Address: Email: Business Address: Business Telephone: Do you live inside the city limits of Sealy? Yes No If SO, how many years? Are you registered to vote in the City of Sealy? Yes No If no, Do you live in the extra territorial jurisdiction of the City of Sealy? Yes No Do you live in Austin County? Yes No Are any immediate family members employed by the City of Sealy? Yes No If yes, please specify: Do any immediate family members serve on boards or commissions in the Cily of Sealy? Yes No; If yes, please specify: na. 30 Boards andCommissions Policy 6/17/2025 Indicate the following Boards and Commissions you are currently serving on, and those you are interested in serving on in addition to your current Board or Commission: (Please indicate Yes or No and rank preference by number with 1 being the group in which you are most interested) Name of Board/Commission Currently Additionally Rank of Interest/ Request Economic Development Corporation Parks Board Planning Commission & Capital Improvement Advisory Committee Charter Review Commission (every 5 years, next appointment in 2027) Tax Increment Reinvestment Zone (TIRZ) #2 In the appropriate line, please indicate what year you began serving on the above ndicated boards or commissions, and the number of terms: Name of Board/Commission Member Since (Year) Number of Terms Economic Development Corporation Parks Board Planning Commission & Capital Improvement Advisory Committee Charter Review Commission Tax Increment Reinvestment Zone (TIRZ) #2 If you are applying to serve on an additional board or commission, please explain what you hope to contribute to the community by serving on the board or commissions to which you applied? na. 31 Boards and Commissions Policy 6/17/2025 - understand that if any member of the public makes a request for information included in the application for appointment, it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Sealy, and its agents, employees and officers from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. Iswear that all of the statement in my application are true and correct. Ihereby affirm that I am aware of the requirement of the position and certify that meet those requirements. Applicant Signature Date All applications must be signed and submitted to the City secretary. If there are no vacancies at the time of submittal, all applications are kept two (2) years from receipt of the application and will be destroyed as mandated. Please call (979) 885-3511 or email vrobececisedly.kKus any questions to the City Secretary's office. Submit applications by mail to: City of Sealy P. O. Box 517 Sealy, Texas 77474 Or email application to: svioblec@cisekiKUs pa. 32 Boards and Commissions Policy 6/17/2025 CITY OF SEALY BOARDS AND COMMISSIONS POLICY ABSTENTION AND CONFLICT OF INTEREST POLICY Board and commission members who are present at any board or commission meeting shall vote, and have their votes recorded in the minutes, upon every item requiring action. In the event the vote involves the member's conduct or a conflict of interest, the member shall abstain from voting and the reasons for such abstention shall be noted in the minutes of such meeting Should any member of a board or commission choose to abstain from voting on any question before the board or commission, and no declared conflict of interest exists, such abstention shall be recorded in the official minutes of the meeting and shall count as a vote against the motion pending before the board or commission. If a member of the board or commission, or a person related to such board or commission member in the first degree by consanguinily or affinity, as determined under Chapter 573, Texas Government Code, has a substantial interest in a business entity or in real property, the board or commission member shall file, before a vote or decision on any matter involving such business entity or real property, an affidavit stating the nature and extent of such interest and shall abstain from further participation in the matter if: 1. in the case of a substantial interest in a business entity, the action on the matter will have a special economic effect on the business entity that is distinguishable from the effect on the public; or 2. in the case of a substantial interest in real property, it is reasonably foreseeable that an action on the matter will have a special economic effect on the value of the property, distinguishable from its effect on the public. The affidavit must be filed with the City Secretary. If a board or commission member is required to file and does file an affidavit hereunder, said board or commission member shall not be required to abstain from further participation in the matter requiring the affidavit if a majority of the board or commission is composed of members who are likewise required to file and who do file affidavits of similar interests on the same official action. A sample affidavit is attached per Exhibit "H". 33 R/ -y Nc n aCon nice cic e Pr adie aV 6/17/2025 SEAL TEXAS IImTaRT IALt ATmEE nRIsI CITY OF SEALY BOARDS AND COMMISSIONS POLICY ORIENTATION CHECKLIST FOR STAFF LIAISON Appointment to board approved by Council on (Date). Assemble board members, City Secretary, and Department Head to attend annual orientation Orientation Agenda/Packet should include: A. Policy Page 22 - Responsibilities of Boards and Commissions Members B. Review of Orientation & Application Policy for Boards and Commissions, specific to board or commission: Term of Office, as established by Ordinance, Bylaws, or Texas Local Government Code. If a new member is filling a vacancy, identify the remainder of unexpired term Furnish members with contact information for all board members Furnish members with Ordinance, Bylaws or Texas Local Government Code that establishes their powers and duties Each staff member, who will participate in board or commission process or meetings, in any capacity, should be introduced to the board and allowed to make a oresentation as desired City Secretary should inform members of their annual responsibility to complete training in Texas Open Meetings Act, Texas Public Information Act, and provide an overview of Robert's Rules of Order. Board and commission members may be requested to complete certain ethical training. The City Secretary should provide the members with options and access to complete the training General Duties and Responsiblilities specific to board or commission (Page 8) o Provide an overview of board's primary purpose, types of agenda items and topics of discussion, how their areas of expertise can be applied to result in final recommendations to City Council Attendance requirements (Pages 8-9) and advance notice of absences to be reported to the City Secretary Review Conflicts of Interest (Page 12) and requirement to complete Abstention and Conflict of Interest affidavit as applicable, including recusing self from discussions when necessary Review Conduct of Meetings and Meeting Times (Pages 13-14) no 34 Boarde andCommicinng Policv 6/17/2025 EXHIBIT "A" PARKS BOARD Ordinance 2023-21 (Pending codification) no 35 Boards andCommiions Policv 6/17/2025 ORDINANCE, NO. 2023-21 AN: 3 ORDINANCE OF THE CITY . OF SEALY, TEXAS, AMENDING SUBSECTION, & 70-32(A)OF SECTION: 1u 70-32 OF: ARTICLE : Il: OF: CHAPTER 70OF THE CODE OF ORDINANCES OF THE CITY OF SEALY, TEXAS; PROVIDING RULESA AND REGULATIONS FOR THE PARKS BOARD; REPEALING ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT OR INCONSISTENT. WITH THIS ORDINANCE PROVIDING: - FOR: SEVERABILITY, PROVIDING A PENALTY AND PROVIDING ANE EFFECTIVE DATE. WHEREAS, thé City, Gouncil finds that theterms of the Parks' Board needs to be changed to ensurea quorum. can: be established to conduct city business; NOW: THEREFORE, BE IT ORDAINÉD: BY THE CITY COUNCIL OF: THECITY OFSEALY,TEXAS: SECTION: The facts and recitations contained int this preamble.to this Ordinance aré true and corfect ànd incorporated heréin for all purposes. SECTION 2. Subsection 70-32(a) of Section 70-32 of Article II of Chapter 70 is amendéd to réad as follows: CHAPTER70 FPARKS AND. RECREATION ARTICLE 1L PARKS BOARD Sec. 70-32: Terms ofmembers filling of vacanciesirémoval. (a). Theterms of theimembers of the parks board shall be for two years and shall ibe as follows; (1) Theterms of positions one; two and' thrées shallend in even-numbered. years. : (2): The terms of positions four'and fiveshallend inodd-numbered years." SECTION3 Repeal: All ordinances or parts of ordinançes in conflicti hérewith are repealed, SECTION 47 Severability, In the event lany. section, paragraph, subdivision, clause, phrase, provision, sentencé, or part ofthis Ordinance or then appliçation of the Da. 36 Boards and Commissions Policy 6/17/2025 samel toany ia person or drcumstance 13 shall for : any reason; ::: - : R: be adjudged invalid Orhéld unconstitutional bya courtofcampetent jurisdictionitshall not affect, impair, ori invalidate this Ordinance asa wholelor any.part of provision hereof ôther than the part declared; to be invalid or unconstitutional: and the City Councilof the-City of, Sealy, Téxas; declarés that it would. have passed each and every partoft the samé notwithstanding: the omission of any such part thus declared tobelinvalid oruinçonstitutional, whether,there be; one or more parts. SECTION5 Penally: Any personwho.violates or causes, allows, or permits another toviolate any provision oft this ordinance; rule or police. regulation oft the city shall be deemed guilty ofa misdemeanorand, upon conviction, thereof, shall be punished bya : fine or penally not toexceed fivehundred: dollars ($500:00) fsuch. rule, ordinance pr poliçe regulation governs firé safety, zoning,or public healthland sanitation, othert than the dumping ofs réfuse; the fine or penally shall not exceed two thousand; dollars ($2,000.00) If such rule, ordinance, or police regulation governs thedumping of réfuse thé fine or penally: shalnot exceed four thousand dollars ($4,000.00): Each occurrence of any, Violâtion of this ordinançe; rule, or paliceirégulation shall constitute a séparate offense. Each day on which any such violation oft this ordinance, rule, or policé regulation Occurs: shall: constitute a separate offense. SECTION:6. Effective Date This Ordinance shalibe effectivé immediatély, upon second. réading andenforceablé when published as required by law. PASSED AND APPROVED atthis first reading onthe 20th day of June 2023: PASSED AND APPROVED at this secondreading: onthe 5th day of July, 2023, BAAhn Oarolyn Bilski, Mayor ATTEST: : 7X dadg Val e Sandra Vrablec Cily/Secretary Page 2 of2: pg. 37 Boards and Commissions Policy 6/17/2025 ARTICLE I. PARKS BOARDI Sec. 70-31. Created; membership. There is created and established a parks board in and for the city. The parks board shall consist of five members, who shall be appointed by the mayor, subject to confirmation by the city council. Members of the parks board shall serve without compensation, and each shall be a resident of the city. The city manager shall be an ex officio member of the board. (Ord. No. 95-18, S 1, 10-11-1995; Ord. No. 99-16, $ 1, 11-10-99; Ord. No. 2007-02, S 1, 7-11-2007; Ord. No. 2018-06, $ 1, 2-27-2018; Ord. No. 2020-08, $ 2, 8-4-2020) Sec. 70-32. Terms of members; filling of vacancies; removal. (a) The terms of the members of the parks board shall be for two years and shall be as follows: (1) The terms of positions one, two and three shall end in odd-numbered years. (2) The terms of positions four and five shall end in even-numbered years. (b) The terms of such members shall continue until their successors have been appointed and confirmed. In the event of death, resignation or removal, appointments shall be for the balance of the term of the position. (c) Three unexcused absences of any member from any regular meetings of the parks board shall, at the discretion of the mayor, render any such member liable for immediate removal from office. (Ord. No. 95-18, $ 2, 10-11-1995; Ord. No. 99-16, S 2, 11-10-99; Ord. No. 2007-02, $ 2, 7-11-2007; Ord. No. 2018-06, $ 2, 2-27-2018; Ord. No. 2020-08, $ 2, 8-4-2020) Sec. 70-33. Organization. The parks board shall organize by electing from their membership a chairman, a vice- chairman and a secretary, each of whom shall hold office for one year or until his successor shall have been elected. A majority of the members of the parks board shall constitute a quorum for the transaction of its business. The parks board may adopt its own rules of procedure for the conduct of its business, subject to the approval of such rules by the city council. The parks board shall keep a record of its proceedings and shall file the record with the city secretary. (Ord. No. 95-18, $ 3, 10-11-1995) pg. 38 Boards and Commissions Policy 6/17/2025 Sec. 70-34. Purposes. The parks board shall serve in an advisory capacity to the city council regarding policy matters pertaining to city parks, sporting events, recreation, litter prevention, waste reduction and beautification programs. The parks board shall have the following specific purposes: (1) Solicit funds, gifts and bequests for park acquisitions, additions and improvements. (2) Review and make advisory recommendations to the city council on proposed park acquisitions, additions and improvements. (3) Review and make advisory recommendations on parks and recreation matters submitted by the director of public works or the city council. (4) Promote and stimulate public interest in parks and recreational programs, and assist in solicitation of the cooperation of public and private agencies that may have a direct or indirect involvement in parks and recreation. (5) Review and make advisory recommendations to the city council on changes, modifications and amendments to parks and recreation policies of the city. (6) Attract, retain, and facilitate sports events, tournaments, and organizations in Sealy, thereby helping our city realize the economic, social and communty-Dulding benefits of sports. (7) Advise the city council on matters related to current and future sports events in the city. (8) Advise, support, and Collaborate with organizations within the community to attract sports fournaments and sports tourism to the city. (9) Advise the city council on whether adequate and appropriate facilities exist for current and future sports events and tournaments. (10) Advise and assist the city council on creating effective citywide policies for litter prevention, beautification programs, and waste reduction in the city. (Ord. No. 95-18, S 4, 10-11-1995; Ord. No. 2018-06, S 2, 2-27-2018) Sec. 70-35. Limitation of powers. The parks board shall have no right, power or authority to obligate or bind the city in any manner whatsoever. (Ord. No. 95-18, $ 5, 10-11-1995) Secs. 70-36-70-65. Reserved. EXHIBIT "B" SEALY ECONOMIC DEVELOPMENT CORPORATION (AMENDED) BYLAWS May 9, 2024 AMENDED BYLAWS OF SEALY ECONOMIC DEVELOPMENT CORPORATION These Bylaws govern the affairs of the SEALYECONOMIC: DEVELOPMENT CORPORATION (the' "Corporation 11, a nonprofit development corporation created pursuant to the Development Corporation Act of 1979, now Chapters 501 through 505 of the Texas Local Government Code (the "Act" as amended, and other applicable laws, ARTICLE 1 PURPOSE AND POWERS Purpose 1.01 The Corporation isi incorporated as a nonprofit corporation for the purpose set forth in the. Articles of Incorporation. The Corporation acts on behalf of the City of Sealy, Texas, in furtherance oft the public purpose of the Act and may engage in any project authorized under Type B of the Act. The Corporation is a nonprofit corporation as defined by the Internal Revenue Code of 1986, as amended, and the applicable rulings of the Internal Revenue Service of the United States prescribed and promulgated thereunder. Fort the purposes of Chapter 101, Texas Civil Practices and Remedies Code, the Corporation is a governmental unit and its actions are governmental functions. The Corporation shall not be a political subdivision or a political corporation within the meaning of the Constitution and the laws of the State of Texas, including without limitation, Article 111, Section 52 of the Texas Constitution. Powers 1.02 In fulfiliment of its corporate purpose, the Corporation is a Type B corporation and shall be governed by the Act and specifically Chapter 505 of the Texas Local Government Code, and shall have all the powers set forth and conferred in ts Articles of Incorporation, in the. Act, and in other applicable law, subject to the limitations prescribed therein and herein and to the provisions thereof the hereof. SEALY EDC BYLAWS APPROVEDI BYE EDC 4/23/2024 &A AMENDED! BY CC ON 5/9/2024 2 ARTICLEI I OFFICES Principal Office 2.01 (a) The principal office and the registered office oft the Corporation shall be the registered office ofthe Corporation specified int the Articles of Incorporation. The office ofthe registered agent shall always be within the boundaries ofthe City of Sealy. (b) The Corporation shall have and shall continually designate a registered agent ati its registered office, as required by the Act. The registered agent shall be a resident of the State ofTexas. The Board of Directors may, from time to time, change the registered office and the registered agent as permitted by law. ARTICLE II BOARD OF DIRECTORS Management ofthe Corporation 3.01 The property and affairs of the Corporation shall be managed and controlled by a Board of Directors (the' "Board") and, subject to the restrictions imposed by the Economic Development Corporation Act of1 1979, by the Articles ofl incorporation, and by these Bylaws, the Board shall exercise all the powers of the Corporation. Number, Qualifications. and Tenure of Directors 3.02 The Board of Directors shall consist of seven (7) members who are appointed by the governing body oft the City of Sealy, for slaggered two (2) year terms of office. Each director must reside within the City of Sealy, Texas. Not more than two (2) directors or less than one (1) shall be persons who are members of the city council of the City of Sealy. As provided by State law, TLGC $SOS.052(c), three directors of a Type B corporation must be persons who are not employees, officers, or members of the authorizing municipality. The terms of four (4) directors shall begin on June 1, of each even- numbered year, and expire on May 31, of the next following even year. The terms of three (3) directors shall begin June 1, of each odd-numbered year, and expire on May 31, of the next following odd- numbered year. All directors shall holdover until their successors are appointed unless a director is removed by City Council. SEALYEDCBYIAWS, APPROVED! BY EDC 4/23/2024 &AMENDEDE BY CC 5/9/2024 3 Vacancies 3.03 Avacancy occurring upon the Board of Directors shall be filled for the unexpired term by appointment by the governing body of the City of Sealy. If a director is absent for three regular consecutive meetings, the director's office is considered vacant unless the director is sick or has first obtained a leave of absence at a regular meeting. Annual Meeting 3.04 The annual meeting oft the Board of Directors shall be held during the month of June for the election of officers. ReqularMeetings 3.05 Regular meetings of the Board shall be held at such dates, and times and places as designated by the Board. The meeting shall be held within the City of Sealy, Texas, at the principal offices of the Corporation or at such other location as the Board of Directors may designate. SpecialMeetings 3.06 Special meetings of the Board of Directors may be called at the request of the president or by any two (2) directors. The person(s) calling a special meeting shall fix the time and location oft the meeting. The person(s) calling a special meeting shall notify the secretary ofthe Corporation ofthe information required to be included in the notice of the meeting. Notice of Meetings 3.07 The Board of Directors shall be considered a' governmental body" within the meaning of Texas Government Code, Sec. 551.001, and all meetings, notices of meetings, and deliberations shall be called, convened, held, conducted and given in accordance with the provisions of Texas Government Code, Chapter 551( (The Texas Open Meetings Act). In addition to the posting of a meeting notice in accordance with these Bylaws and the Texas Open Meetings Act, a copy of each such meeting notice shall be delivered to each Director not less than seventy-two (72) hours before the time oft the meeting. The notice shall state the place, date, and time ofthe meeting. AI meeting notice shall be deemed delivered to any Director when deposited in the United States mail addressed to the Director at his or her address as it appears on the records oft the Corporation, hand delivery to his or her address or by electronic mail (e-mail) at his or her email address provided by the City Secretary. Such additional notice may be waived in writing by a Director entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. SEALYE EDC BYLAWS APPROVEDBYE EDC 4/23/2024 &A AMENDEDBY CC 5/9/2024 4 Quorum 3.08 Four Directors shall constitute a quorum for the transaction of business at any meeting oft the Board of Directors. No business shall be conducted, nor shall any action be taken by the Board of Directors in the absence of a quorum. The action of the majority of the Directors who are present and eligible to vote upon a matter shall be the act of the Board of Directors. Powers and Duties ofthe Board of Directors 3.09 a) Directors shall exercise ordinary business judgment in managing the affairs of the Corporation. In acting in their official capacity as directors of the Corporation, directors shall act in good faith and take actions they reasonably believe to be in the best interest of the Corporation and which are lawful and shall refrain from actions not in the best interest of the Corporation or which would be unlawful. The corporation shall have all the powers granted by Chapter 505 of the Texas Local Government Code and the Development Corporation Act and is subject to the limitations of a corporation created under another provision of the Act. b) The corporation may contract with another private corporation to: (1) carry out an industrial development program or objective; or (2) assist with the development or operation of any economic development program or objective consistent with the purposes and duties specified by the Act. c) The corporation may spend no more than 10 percent of the corporate revenues for promotional purposes. d) The Board shall periodically submit reports to the City Council as to the status of its activities in carrying out its obligations under this Section. e) Not later than February 1 ofe each year, the board shall submit a report toi the Comptroller including alli information required by Texas Local Government Code $502.151. f) Any and all agreements between the Corporation and other parties shall be authorized, executed, approved, and delivered in accordance with applicable law. 9) The corporation may exercise the power of eminent domain only: (1) on approval oft the action by the governing body of the authorizing municipality; and (2) in accordance with and subject to the laws applicable to the authorizing municipality. Removal of Directors 3.10 The Board of Directors and each member thereof serves at the pleasure of the City Council of the City of Sealy, Texas, which may remove any director at any time, either with or without cause. SEALYE EDC BYLAWS/ APPROVED! BY EDC 4/23/2024 &AMENDED! BY CC5 5/9/2024 5 Committees of Directors 3.11 The Board of Directors may appoint persons to serve on a standing or ad hoc committee. Committee members need not be Directors of the Corporation, unless required by these Bylaws or resolution. Such committees shall have the powers, duties, and responsibilities established by the Board. The committees shall keep regular minutes oft their meetings and report the same to the Board of Directors when required. The action of such a committee shall not constitute action by the board. ARTICLE MV OFFICERS Officer Positions 4.01 The offiçers of the Corporation shall be president, vice president, a secretary, and a treasurer. The Board of Directors may create additional officer positions, define the authorities and duties of such additional positions and appoint persons to fill such positions. Election and Terms of Officers 4.02 The officers of the Corporation shall be elected annually by the Board of Directors at the regular annual meeting. Removal of Officers 4.03 Any officer may be removed by the Board of Directors at any time, with or without good cause, The removal of an officer does not also result in the removal of such person as a director of the Corporation. Vacancies of President. Vice President. Secretary.and Treasurer 4.04 Av vacancy in any office may be filled by the Board of Directors for the unexpired portion of the officer's term. President 4.05 The president shall be the chief executive officer oft the Corporation. The president shall supervise and control all of the business and affairs of the Corporation and must be elected from among the members of the board. The president shall preside at all meetings of the Board of Directors. The president shall execute all documents and agreements affecting the corporation, except where such power is expressly delegated to another officer of the Corporation or the Executive Director. SEALYE EDCE BYLAWS APPROVEDI BY EDC 4/23/2024 & AMENDED! BY CC 5/9/2024 6 The president shall perform other duties prescribed by the Board of Directors and all duties incident to the office of the president. Vice-President 4.06 When the president is absent, is unable to act, or refuses to act, the vice president shall perform the duties oft the president. When acting in place oft the president, the vice president shall have all the powers and duties as the president and be subject to all oft the limitations and restrictions placed upon the president. The vice president must be elected from among the members ofthe board. Secretary 4.07 The Secretary shall: a) Give all notices as provided in the Bylaws or as required by law. b) Take minutes oft the meetings of the Board of Directors and keep the minutes as part oft the corporate records. c) Maintain custody of the corporate records, authenticate corporate documents and affix the seal of the Corporation as required. d) Keep a register of the mailing addresses of each director and officer oft the Corporation. e) Perform duties as assigned by the president or Board of Directors. Perform all duties incident to the office of secretary. The secretary may either be elected from: among the members ofthe board or at the option of the Board, be persons other than the members oft the Board, and/or may be employees oft the City. Treasurer 4.08 The Treasurer shall: a) Have charge and custody of and be responsible for all funds and securities of the Corporation. b) Receive and give receipts for moneys due and payable to the Corporation from any sourçe. c) Deposit all monies in the name of the Corporation in banks, trust companies, or other depositories as shall be selected by the Board of Directors. d) Write checks and disburse funds to discharge obligations of1 the Corporation. e) Maintain the financial books and records of the Corporation. f) Prepare financial reports at least annually. 9) Perform other duties as assigned by the Board of Directors h) Perform all duties incident to the office oft treasurer. The treasurer may be either elected from among the members ofthe board or at the option of the Board, be persons other than the members of the Board, and/or may be employees ofthe City. SEALYE EDC BYLAWS/ APPROVED BYE EDC 4/23/2024 & AMENDEDI BY CC 5/9/2024 7 Executive Director 4.09 There may be an Executive Director oft the Corporation who shall be responsible for the administration of all the affairs of the Corporation. The Executive Director shall be an employee of the City of Sealy, Texas, and a Department Director. The Board may make a recommendation to the City Manager regarding the Executive Director candidate to be employed. As an employee and Department Director of the City, the City Manager shall employ, suspend, or discharge the Executive Director with the concurrence of the City Council, The Executive Director shall perform and direct the daily administrative operations of the Corporation. The Executive Director shall be reviewed by the Board of Directors on an annual basis and shall be reviewed by the City Manager on an annual basis. The Executive Director shall receive compensation as approved by budget. The Executive Director shall provide quarterly reports to the City Council and shall meet with the City Manager twice a month to facilitate communication between the two entities. (Amended 1.22.19, 5.12.21) ARTICLE V TRANSACTIONS OF THE CORPORATION Contracts 5.01 The Board of Directors may by formal action or resolution authorize any officer or agent of the Corporation to enter into a contract or execute and deliver any instrument in the name of or on behalf of the Corporation. This authority may be limited to a specific contract or instrument or it may extend to any number and type of contracts and instruments. Depository 5.02 The Board of Directors of the Corporation shall açcording to the investment policy designate a depository bank. All funds of the corporation shall be deposited with the depository bank, All checks, drafts, or orders of payment of money, notes or other evidence of indebtedness issued in the name oft the Corporation shall be signed by two (2) of the following: President, Vice-President, Treasurer, or Executive Director. Annual Corporation. Budget 5.03 The Executive Director shall on behalf of the board prepare a proposed annual budget of expected revenues: and proposed expenditures for the next ensuing fiscal year. The budget shall contain such classifications and shall be in such form as may be prescribed from time to time by the City Council. The budget shall not be effective until the same has been approved by the Board and the City Council, who shall annually review the financial status of the corporation. The proposed budget shall be SEAYETCEMNANEWPRDADAA EDC 4/23/20248 &AMENDEDBY CC5/9/2024 8 submitted to the City Council within a time frame to be specified by the City Manager for inclusion in the City's annual budgeting process. Staff Support 5.04 The Corporation may contract with the City to provide financial and other services for the Corporation upon terms, conditions, and compensation as mutually agreeable. Gifts 5.05 The Board of Directors may accept on behalf of the Corporation any gift or bequest provided for the general purposes of or for any special purpose of the Corporation. Prohibited Acts 5.06 As long as the Corporation is in existence, no director, officer, or committee member of the Corporation shall: a) Do any act in violation of the bylaws or binding obligations oft the Corporation. b) Do any act with the intention of harming the Corporation or any of its operations. c) Do any act that would make it impossible or unnecessarily difficult to carry on the intended or ordinary business of the Corporation. d) Receive an improper personal benefit from the operation oft the Corporation. e) Use the assets of the Corporation, directly or indirectly, for any purpose other than conducting the business of the Corporation. f) Wrongfully transfer or dispose of Corporation property, including intangible property such as good will. 9) Use the name of the Corporation (or any substantially similar name) or any trademark or trade name adopted by the Corporation, except on behalf of the Corporation in the ordinary course of the Corporation's business. h) Disclose any of the Corporation's business practices, trade secrets or any other information not generally known to the business community or to any person not authorized to receive it. i) Commit Corporation funds without prior approval oft the Board of Directors. Incur at financial obligation that cannot be paid from: 1) bond proceeds; 2) revenue realized from the lease or sale of a project; 3) revenue realized from a loan made by the corporation to wholly or partly finance or refinance a project; or 4) money granted under a contract with a municipality under section 380.002 of the Texas Local Government Code. SEALYEDC BYIAWSAPPROVEDI BY EDC 4/23/2024 & AMENDED BY CC 5/9/2024 9 ARTICLE VI BOOKS AND RECORDS Required Bookand Records 6.01 The Corporation shall keep correct and complete books and records of accounts and activity for a minimum of five (5) years. The Corporation's books and records shall include: a) At file endorsed copy of all documents filed with the Texas Secretary of State relating to the Corporation, including, but not limited to, the Articles of Incorporation, any Articles of Amendment, Restated Articles, Articles of Merger, Articles of Consolidation, and statement of change of registered office or agent. b) Acopy ofthe Bylaws and any amended versions or amendments to the Bylaws. c) Minutes oft the proceedings ofthe Board of Directors. d) Alist of names and addresses of the directors and officers of the Corporation. In accordance with the Texas Government Code $552.024 & $552.117, a Director may request (in writing) that the Corporation not reveal their home address or home phone number. e) A financial statement showing the assets, liabilities, and net worth of the Corporation. f) A financial statement showing the income and expenses ofthe Corporation. g) All rulings, letters, and other documents relating to the Corporation's federal, state, and local tax status. h) The Corporation's federal, state and local information or income tax returns for each of the Corporation's tax years, Records Opento Public 6.02 The Corporation shall be considered a governmental body" within the meaning of Chapter 552, Texas Government Code. All records of the Corporation shall be made available to the public for inspection or reproduction in accordance with the requirements of the Texas Government Code, Chapter 552 ("The Texas Public Information. Act). Audit 6.03 The Board of Directors shall provide for an independent annual audit of the Corporation's books; provided, further, that an annual audit by the City Council of the Corporation's books and records in conjunction with the annual audit of the City's books and records shall be sufficient. The City Council of the City of Sealy, Texas, may at any time require an independent audit of the Corporation's books to be conducted. SEAYEDCBNAWSAPROED: BYE EDC 4/23/2024 &A AMENDEDBYC59204 10 ARTICLE VII FISCAL YEAR 7.01 The fiscal year oft the Corporation shall begin on the first day of October and end on the last day of September. ARTICLE VII AMENDMENTS TO BYLAWS 8.01 The Bylaws may be altered, amended, or repealed by the Board of Directors with the consent and approval of the City Council oft the City of Sealy, Texas, as evidenced by a resolution with the Bylaws attached. ARTICLE IX MISCELLANEOUS PROVISIONS Legal Authorities Governing Construction of Bylaws 9.01 The Bylaws shall be construed in accordance with the laws of the State of Texas. All references in the Bylaws to statutes, regulations, or others sources of legal authority shall refer to the authorities cited, or their successors, as they may be amended from time to time. Iti is expressly provided that the provisions of the Development Corporation Act applicable to corporations governed under Chapter 505 of the Texas Local Government Code, are incorporated within these Bylaws by reference. Ini the event of any conflict between the applicable provisions of the Development Corporation Act and these Bylaws, then the applicable provisions of such Act shall control. Legal Construction 9.02 Ifany Bylaw provision is held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality or unenforceability shall not affect any other provision and the Bylaws shall be construed asi if the invalid, illegal, or unenforceable provision had not been included in the Bylaws. Headings 9.03 The headings used in the Bylaws are used for convenience and shall not be considered in construing the terms of the Bylaws. SEALYEDCBYIAWS APPROVEDI BYI EDC 4/23/2024 &A AMENDEDBY CC 5/9/2024 11 Seal 9.04 The Board of Directors may provide for a Corporation seal. Such seal shall contain the words "Sealy Economic Development Corporation" and "Texas". Parties Bound 9.05 These Bylaws shall be binding upon and inure to the benefit of the directors, officers, and agents of the Corporation and their respective heirs, executors, administrators, legal representatives, successors and assigns except as otherwise provided in the Bylaws. Effective Date 9.06 These Bylaws, and any subsequent amendments hereto, shall be effective as ofa and -from the date on which approval has been given by both the Board of Directors and the City Council of the City of Sealy, Texas. Indemnification ofDirectors. Officers. and Employees 9.07 a) As provided in the Act and in the Articles of Incorporation, the Corporation is, for the purposes oft the Texas Tort Claims Act (Subchapter, A, Chapter 101, Texas Civil Practices and Remedies Code), a governmental unit and its actions are governmental functions. b) The Corporation shall have the power to indemnify any director or officer or former director or officer of the Corporation for expenses and costs (including attorneys' fees) actually and necessarily incurred by him/her in connection with any claim asserts against him/her by action in court or otherwise by reason of his/her being or having been such director or officer, except in relation to matters as to which he/she shall have been found guilly of negligence or misconduct in respect of the matter in which indemnity is sought. Corporation May Provide Insurance 9.08 With consent of the City Council, the corporation may obtain insurance and benefits as provided by Texas Local Government CodeSS01.067, including liability insurance. The premiums for such insurance shall be paid for by the Corporation. Dissolution ofthe Corporation 9.09 The Corporation is a nonprofit corporation. Upon dissolution, all of the Corporation's assets shall be distributed to the City of Sealy. SEALY EDC BYLAWS/ APPROVEDI BY EDC 4/23/2024 & AMENDEDBY CC 5/9/2024 12 Service of Process 9.10 The president, vice-president, and the registered agent of the Corporation shall be agents of such corporation upon whom any process, notice, or demand required or permitted by law to be serviced upon the Corporation may be served. Liability 9.11 The following are not liable for damages arising from the performance of a government function of the corporation or the City of Sealy: 1) the corporation; 2) a director of the corporation; 3) the City of Sealy; 4) ar member of the City Council of the City of Sealy; or 5) an employee oft the corporation or City. CERTIFICATE OF SECRETARY certify that am acting secretary of the SEALY ECONOMIC DEVELOPMENT CORPORATION, and the foregoing Amended Bylaws constitute the Bylaws of the Corporation. These Bylaws were duly adopted at a meeting of the Sealy EDC Board of Directors held on the 4th day of June 2021. And subsequently amended and approved at a meeting of the Sealy EDC Board of Directors held on April 23, 2024. Then approved resolution and ratified by the City Council of the City of Sealy, Texas at a meeting held on the gth day by of May 2024. Then Signed this 7th day of June 2024. K athurine EpLis SECRETARY OF THE CORPORATION SEALYE EDCI BYLAWS APPROVEDE BY EDC 4/23/2024 & AMENDEDI BY CC 5/9/2024 EXHIBIT "C" PLANNING COMMISSION Ordinances 1974-02, 1975-09, 1977-6, 1993-12, 2007-09, 2014-21 ARTICLE Il. PLANNING COMMISSION2 Sec. 78-31. Created. There is created and established for the city a planning commission. The members shall be resident citizens, appointed to serve for two-year overlapping terms beginning on June 1. (Ord. No. 74-02, S 1, 1-16-1974; Ord. No. 77-6, $ 1,5-4-1977; Ord. No. 93-12, S 1,3-10-1993) Sec. 78-32. Membership. The planning commission shall consist of seven members who are qualified residents of the city. The commission shall be appointed by the mayor and approved by the city council; however, all members shall continue in office until their prospective successors have been appointed. (Ord. No. 74-02, S 1, -16-1974; Ord. No. 77-6, S 1, 5-4-1977; Ord. No. 93-12, S 1, 3-10-1993; Ord. No. 2007-09, $ 1, 8-8-2007) Sec. 78-33. Removal for excess absences authorized. Three unexcused absences of any member from any regular meetings of the planning commission shall, at the discretion of the mayor, render any such member liable for immediate removal from office. (Ord. No. 93-12, $ 2,3-10-1993) Sec. 78-34. Organization. (a) The planning commission shall elect a chairman and vice-chairman from its membership, and the city council shall furnish such qualified persons as may be necessary for the proper conduct and undertakings of the planning commission. (b) The planning commission shall have the power to make rules, regulations and bylaws for its own government, which shall conform as nearly as possible with those governing the city council; and they shall be subject to approval of the city council. Such bylaws shall include, among ofher items, provisions for: (1) Regular and special meetings, open to the public; (2) Record of its proceedings, to be open for inspection by the public; (3) Reporting to the council and the public from time to time and annually; and (4) The holding of public hearings on its recommendations. (Ord. No. 74-02, S 2, 1-16-1974) Sec. 78-35. Powers and duties. The planning commission shall have the following powers and duties: (1) The planning commission is authorized and responsible to make recommendations to the city council for the adoption of a municipal comprehensive plan, in accordance with Section 213.002, Texas Local Government Code as a whole, or as in parts, or as in periodic updates, to guide to direct and guide the future growth and development of the City of Sealy, the Sealy ETJ and the Sealy environs. (2) The commission is authorized and responsible to engage in planning studies and the development of plans for improvements to the city for the purpose of making planning recommendations to the city council with a view to the development and expansion of the community on matters that may include, but shall not be limited to, the development and improvement of public facilities, the design and appearance of the community, and capital improvement program planning matters. (3) The commission is authorized and responsible to perform all duties granted to the planning commission by the statutes of the Texas Local Government Code and by specific provisions of the Sealy City Code. (4) The commission is authorized and responsible to make plans and maps of the whole, or any portion, of the City of Sealy, the Sealy ETJ, and any other land outside the city and it's ETJ which bears a relation to the planning of the city, in order to formulate recommendations for city council consideration. (5) The commission is authorized and responsible to act with, and assist, any other municipal and governmental agencies, advisory boards and the commission, as directed by the city council, in formulating and executing proper plans for municipal development. (6) The commission is authorized and responsible to plan and make recommendations for city council consideration relative to the location, extension, or expansion of public streets, drainage and/or flood control improvements, utility improvement, parks, and other public improvements. (7) The commission is authorized and responsible to render recommendations to the city council on documents, plans and studies that propose future land US recommendations, future thoroughfare plan recommendations and any other plans, documents or studies that fundamentally shape the future form of the City of Sealy. (8) The commission is authorized and responsible to review and formulate recommendations for the city council with respect to the administration of Chapter 87, Subdivision of Land and Plats, of the Sealy City Code, pursuant to Section 212, Texas Local Government Code. The commission shall also make a recommendation for city council consideration on any variance that may be requested from any requirement associated with the subdivision process. (9) The commission is authorized and responsible to recommend to the city council the adoption of rules and regulations governing plats and subdivisions of land within the planning area of the City of Sealy, site planning and other land development regulations designed to promote health, safety, moral and general welfare of the community and the safe and orderly and healthful development of the community. (10) The planning commission is authorized and responsible to hear and decide upon an alleged error made in the administration of certain development regulations, or to appeal in any order, requirement, decision, or determination by an officer of the City of Sealy in the administration of certain development regulations where such powers are expressly granted by the Sealy City Code. pg.55 6/17/2025 (11) The commission is authorized and responsible to consider and grant variances from certain land development regulations where such powers are expressly stipulated by the Sealy City Code when the commission determines that the granting of a variance is not contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of these regulations will result in an unnecessary hardship. (Ord. No. 74-02, S 3, 1-16-1974; Ord. No. 75-09, 11-20-1975; Ord. No. 93-12, S 1,3 3-10-1993; Ord. No. 2014-21, 2, 12-9-14) State law elerencel-Muncpd regulation of subdivisions and property development, V.T.C.A., Local Government Code S 212.001 et seq. pg.56 6/17/2025 EXHIBIT "D" CAPITAL IMPROVEMENTS ADVISORY COMMITTEE Resolution 2018-29 pg.57 6/17/2025 RESOLUTION NO, 2018-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEALY, TEXAS, APPOINTING, A CAPITAL IMPROVEMENTSADVISORY COMMITTEE, ASI REQUIRED BY CHAPTER 395 OF THE TEXAS LOCAL GOVERNMENT CODE. WHEREAS, Chapter 395 ofthe Texas Local Govemment Code authorizes municipalities ofthe State to impose impact fees against new development for the purpose of generating reyenue to fund or recoup the costs of capital improvements or facility expansions necessitated by the new development; and WHEREAS, a municipality imposing impact fccs must follow the procedures established by Chapter 395 ofthe Local Govemment Code, including, but not limited to, the appointment of an Advisory Committee; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEALY, TEXAS THAT: Section 1. The City's Planning Commission shall act as the Capital Improvements Advisory Committee as provided by Section 395.058. of the Local Government Code. The Commission currently includes at least one representative of the real estate, development, or building industry who is not an employce or official ofaj political subdivision or goyemmental entity. Section 2. The Capital Improvements Advisory Committee shall: A. Advise and assist the City Council in adopting land use assumptions; B. Review the capital improvements plan, land use assumptions and impact fees and file written comments in accordance with Section 395 ofthe Local Government Code and the lollowing: I. Written comments to the proposed impact fces shall be filed with the City Sccretarybefore the fifth business day before the date ofthe public hearing on thei imposition ofimpact fees; C. Monitor and evaluate the implementation of the capital improvements plan; D. File semiannual reports with respect to the progress of the capital improvements plan and report to City Council any perceived inequities in implementing the plan or imposing the impact fee; E. Advise the City Council of the need to update or revise the land use assumptions, capital improvements plan, and impact fee; and F. Other duties as assigned by City Council that relate to impact fees, Section 3. The following procedural rules are adopted for the Capital Improvements Advisory Committee in carrying out its duties: A. The Chair and Vice Chair ofthe Planning Commission shall servei in these respective positions when acting as the Capital Improvements Advisory Committce; B. The City Secretary shall scrve as ex officio (nonvoting) secretary oft the Committee and shall keep minutes, books, files and other records ofthe Committee and perform such other dutiesas are, incidental to the office; C. A quorum shall consist of four members and the Chair shall have a vote in all matters; D. No final action shall be taken on any matter except pursuant to a simple majority vote ofthe members present; pg. 58 6/1 E. Any motion by: a member shall require a second. After a motion has been made and seconded, discussion of the motion may be had for a reasonable period of time at the direction of the Chair. Discussion shall terminate at the direction of the Chair or upon a call for a vote on the question by a member oft the Committee; F. Whenever any question of procedure may be raised at a Committee meeting, the Chair shall rulet thercon. A member may move to overrule the Chair'sdecision, which mayb be done onlyb by a majority vote ofthe members present; and G. Voting on matters may be by voice vote; unless provided for otherwise. PASSED AND APPROVED this the 28th day of August 2018. auial WEdsd ATTEST: - Jane Whitehead, Mayor MXI - - u Dayl Cooksey, Çity Secretary pg. 59 6/17/2025 EXHIBIT "E" CHARTER REVIEW COMMITTEE CODE OF ORDINANCES = SEC. 9.3 pg.60 6/17/2025 Sec. 9.13. Charter review commission. The city council shall, at its first regular meeting in July two (2) years after adoption of this Charter then every five (5) years thereafter, appoint a Charter review commission of five (5) citizens of the city. A. Duties of the commission. (1)Inquire into the operation of the city government under the Charter provisions and determine whether any such provisions require revision. To this end public hearings may be held; and the commission shall have the power to compel the attendance of any official or employee of the city and require the submission of any of the city records which it may deem necessary to the conduct of such hearing. (2) Propose any recommendation it may deem desirable to ensure compliance with the provisions of the Charter by the several departments of the city government. (3) Propose, if it deems desirable, amendments to this Charter to improve the effective application of the Charter to current conditions. (4) Report its findings and present its proposed amendments, if any, to the city council. B. Actions by the city council. The city council shall receive and have published in the designated official newspaper of the city any report presented by the Charter review commission; shall consider any recommendations made and may submit proposed Charter amendments to the qualified voters of the city in the manner provided by the Texas Local Government Code, as now or hereafter amended. Term of office. The term of such Charter review commission shall be six (6) months, and at the completion of such term a report shall be presented to the city council, and all records of the proceedings of such commission shall be filed with the city secretary and shall become a public record. pg. 61 6/17/2025 EXHIBIT "F" SEALY DEVELOPMENT AUTHORITY/ TIRZ #2 Ordinance 2005-01 pg.6 62 6/17/2025 ORDINANCE NO. 2005-01 AN ORDINANCE DESIGNATING A CONTIGUOUS GEOGRAPHIC AREA WITHIN CITY OF SEALY AS REINVESTMENT ZONE NUMBER TWO, CITY OF SEALY, TEXAS, FOR TAX INCREMENT FINANCING PURPOSES PURSUANT TO CHAPTER 311 OF THE TEXAS TAX CODE; CREATING A BOARD OF DIRECTORS FOR SUCH ZONE; CONTAINING FINDINGS AND PROVISIONS RELATED TO THE FOREGOING SUBJECT; AND PROVIDING A SEVERABILITY CLAUSE. * *: *: * * * * WHEREAS, pursuant to Chapter 311 of the Texas Tax Code, the City may designate a contiguous geographic area within the City as a reinvestment zone if the area satisfies the requirements of certain sections of Chapter 311 of the Texas Tax Code; and WHEREAS, the City has prepared a preliminary reinvestment zone financing plan, which provides that City of Sealy's ad valorem taxes are to be deposited into the tax increment fund, and that taxes of other taxing units may be utilized in the financing of the proposed zone; and WHEREAS, the City provided written notice of the public hearing on the creation of the proposed zone, complying with the requirements of Chapter 311, Texas Tax Code, to the governing body of all taxing units levying taxes on property in the proposed zone; and pg.63 6/17/2025 WHEREAS, a notice of the December 22, 2004 public hearing on the creation of the proposed zone was published on December 10, 2004, in Sealy News, a newspaper of general circulation in the City; and WHEREAS, at the public hearing on December 22, 2004 interested persons were allowed to speak for or against the creation of the proposed zone, its boundaries, or the concept of tax increment financing; and owners of property in the proposed zone were given a reasonable opportunity to protest the inclusion of their property in the proposed zone; and WHEREAS, evidence was received and presented at the public hearing in favor of the creation of the proposed zone under the provisions of Chapter 311, Texas Tax Code; and WHEREAS, no owner of real property in the proposed zone protested the inclusion of their property in the proposed zone; and WHEREAS, the City has provided all information, and made all presentations, given all notices and done all other things required by Chapter 311, Texas Tax Code, or other law as a condition to the creation of the proposed zone; and pg. 64 6/17/2025 WHEREAS, the total appraised value of taxable real property in the proposed zone and all other tax increment reinvestment zones previously created by the City is approximately $4,422,000; and WHEREAS, the total area within the proposed zone is approximately 315 acres, excluding property that is publicly owned; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEALY, TEXAS: Section 1. Findings. (a) That the facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct and are adopted as part of this Ordinance for all purposes. (b) That the City Council further finds and declares that the proposed improvements in the zone will significantly enhance the value of all the taxable real property in the proposed zone and will be of general benefit to the City. (c) That the City Council further finds and declares that the proposed zone meets the criteria and requirements of Section 311.005 of the Texas Tax Code because the proposed zone contains substantial areas that are predominantly open and underdeveloped, and lack public water distribution, and wastewater collection facilities, which conditions substantially impair and arrest the sound growth of the City. pg. 65 6/17/2025 (d) That the City Council, pursuant to the requirements of Chapter 311, Texas Tax Code, further finds and declares: (1) That the proposed zone is a contiguous geographic area located wholly within the corporate limits of the City of Sealy; (2) That the total appraised value of taxable real property in the proposed zone does not exceed fifteen percent of the total appraised value of taxable real property in the City; and (3) That the development or redevelopment of the property in the proposed zone will not occur solely through private investment in the reasonably foreseeable future. Section 2. Designation of the Zone That the City, acting under the provisions of Chapter 311, Texas Tax Code, including Section 31 1.005(a), does hereby designate as a reinvestment zone, and create and designate a reinvestment zone over, the area described in Exhibit "A"t to promote the development of the areg. The reinvestment zone shall hereatter be named foridentification as Reinvestment Zone Number Two, City of Sealy, Texas, (the "Zone"). The City Council specifically declares that the Zone is designated pursuant to Section 311.005(a)() and (2) of the Texas Tax Code. pg.66 6/17/2025 Section 3. Board of Directors That there is hereby created a Board of Directors for the Zone, which shall consist of seven (7) members. Positions One through Five on the Board of Directors shall be reserved for the City. Positions Six and Seven shall be reserved for other taxing units levying taxes within the Zone, each of whom may appoint one director. Any taxing unit that appoints a director shall be assigned a Board position number in the order the City receives the appointment. Failure of a taxing unit to appoint a director by December 31, 2005, shall be deemed a waiver of the right to appoint a director, and the City shall be entitled to appoint persons to the position, which shall be filled as provided below. If more than two taxing units levying taxes within the Zone appoint a director, the number of directors on the Board of Directors shall be increased by one for each taxing unit above two that appoints a director to the board; provided, if more than four taxing units levying taxes within the Zone appoint a director, the number of directors on the Board of Directors shall be increased by two for each taxing unit above four that appoints a director to the board, provided, further, that the maximum number of directors shall not exceed fifteen (15). The City shall be entitled to appoint a personto one position ofeach of the two positions created as a result of more than four taxing units pg. 67 6/17/2025 appointing directors, which position shall be filled as provided below. The Mayor is hereby authorized to nominate and appoint, subject to City Council approval, the directors to Positions One through Five of the Board of Directors, any position unfilled on December 31, 2005, and any City position created by the appointment of a director by more than two taxing units levying taxes within the Zone, subject to the consent and approval ofthe City Council. The directors appointed to odd-numbered positions shall be appointed for two year terms, oeginning on the effective date of this Ordinance, while the directors appointed to even-numbered positions shall be appointed to a one year term, beginning on the effective date of this Ordinance. All subsequent appointments shall be for two-year terms. The member of the Board of Directors appointed to Position One is hereby designated to serve as the chair of the Board of Directors for a one-year term beginning on the effective date of this Ordinance. Thereatter the Mayor shall annually nominate and appoint, subject to City Council approval, a member to serve as chair for aterm of one year beginning on the anniversary of the effective date of this Ordinance. The City Council authorizes the Board of Directors to elect from its members a vice-chairman and such other officers as the Board of Directors sees fit. pg. 68 6/17/2025 The Board of Directors shall make recommendations to the City Council concerning the administration of the Zone. The Board of Directors shall prepare or cause to be prepared and adopt a project plan and a reinvestment zone financing plan for the Zone as described in Section 311.011, Texas Tax Code, and shall submit such plans to the City Council for its approval. The City hereby delegates to the Board of Directors all powers necessary to prepare and implement the project plan and reinvestment zone financing plan, subject to approval by the City Council, including the power to employ any consultants or enter into any reimbursement agreements payable solely from the Tax Increment Fund established pursuant to Section 6of this Ordinance, subject to the approval of the Mayor, that may be reasonably necessary or convenient to assist the Board of Directors in the preparation of the project plan and reinvestment zone financing plan and in the issuance of tax increment obligations. Section 4. Duration of the Zone That the Zone shall take effect upon passage of this Ordinance, for the deposit of tax increments into the Tax Increment Fund established pursuant to Section 6 of this Ordinance, and termination of the operation of the Zone shall occur on December 31, 2035, or at an earlier time designated by subsequent pg.69 6/17/2025 ordinance, or at such time, subsequent to the issuance oftax increment bonds, if any, that all project costs, tax increment bonds, notes and other obligations of the Zone, and the interest thereon, have been paid in full. Section 5. Tax Increment Base That the Tax Increment Base of the City or any other taxing unit participating in the Zone for the Zone is the total appraised value of all real property taxable by the City or other taxing unit participating in the Zone and located in the Zone, determined as of January 1, 2005, the year in which the Zone was designated as a reinvestment zone (the "Tax Increment Base"). pg. 70 6/17/2025 Section 6. Iax Increment Fund That there is hereby created and established a Tax Increment Fund for the Zone which may be divided into subaccounts as authorized by subsequent ordinances. All Tax Increments, as defined below, shall be deposited in the Tax Increment Fund. The Tax Increment Fund and any subaccount shall be maintained at the depository bank of the City and shall be secured in the manner prescribed by law for funds of Texas cities. The annual Tax Increment shall equal the property taxes levied by the City and any other taxing unit participating in the Zone for that year on the captured appraised value, as defined by Chapter 311 of the Texas Tax Code, of real property located in Zone that is axable by the City or any other taxing unit participatingin the Zone, less any amounts that are to be allocated from the Tax Increment pursuant to Chapter 311 of the Texas Tax Code. All revenues from the sale of any tax increment bonds, notes or other obligations hereafter issued for the benefit of the Zone by the City, if any; revenues from the sale of property acquired as part of the project plan and reinvestment zone financing plan, if any; and other revenues to be used in the Zone shall be deposited into the Tax Increment Fund. Prior to the termination of the Zone, money shall be disbursed from the Tax Increment Fund only to pay project costs, as defined by the Texas Tax Code, for the Zone, to satisfy the claims of holders of tax increments bonds or notes issued for the Zone, or to pay obligations incurred pursuant to agreements entered into to implement the project plan and reinvestment zone financing plan and achieve their purpose pursuant to Section 311.010(b) of the Texas Tax Code. Section 7. Severability If any provision, section, subsection, sentence, clause or phrase of this Ordinance, or the application of same to any person to set circumstances, is for any reason held to be unconsttutiona, void or invalid, the validity of the remaining provisions of this Ordinance or their application to other persons or set of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this Ordinance that no portion hereof or regulations connected herein shall become noperative or fail by reason of any unconsttuliondily, voidness or invalidity of any portion hereof, and all provisions of this Ordinance are declared severable for that purpose. Section 8. Open Meetings It is hereby found, determined and declared that a sufficient written notice of the date, hour, place and subject of the meeting of the City Council at which this Ordinance was adopted was posted at a place convenient and readily accessible at all times to the general public at the City Hall of the City for the Time required by law preceding its meeting, as required by the Open Meetings Law, Texas Government Code, Ch. 551, and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter hereof has been discussed, considered pg. 73 6/17/2025 and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 9. Notices The contents of the notice of the public hearing, which hearing was held before the City Council on December 22, 2004, and the publication of said notice, are hereby ratified, and confirmed. PASSED AND APPROVED on first reading this 22nd day of December 2004. PASSED, APPROVED, AND ADOPTED on second and final reading this 12th day of January 2005. Russell L. Koym Mayor ATTEST: Suaha Sangbn Krisha Langton City Secretary pg. 74 6/17/2025 FIELD NOTE DESCRIPTION 315.584 ACRES OF LAND AUSTIN COUNTY, TEXAS BEING a 315.584 acre tract of land out of and part of tracts 1, 2 and 3 of the partition of the J. W. Allen Estate. Tract 2i is a 105 acre tract recorded in Volume 273, Page 15 and tract 3, a 105 acre tractrecorded in Volume 228, Page 314 and tract 1 isrecorded in Volume 133, Page 630 of the Deed Records of Austin County, Texas and a 33.4307 acre tract known as Sealy Homestead filed under file number 007427 of the Austin County Deed Records. Said tracts 1, 2 & 3 are out of the C. C. Allen Survey, Abstract 337 Austin County, Texas and Sealy Homestead is out of the Issac Gifford Survey, Abstract No, 179 Austin County, Texas. Said 315.584 acre tract is more particularly described by metes and bounds as follows: BEGINNING at a 3/8" iron rod at the intersection of the north right-of-way ofF.M. Highway 2187 and the east line of said tract 1, being the a northeast comer of this tract; THENCE S 48°12'08'E, along the east line of tract 1, across said highway, 151.78 feet to a point in the south right-of-way of FM 2187 being the west comer of Sealy Homestead for an interior comer of this tract; THENCE N 79°3315'E, along the south right-of-way ofF.M. Highway 2187, 1748.11 feet to the beginning of a curve to the right, having a radius of 22,858.30 feet, a central angle of 0°25'38" and a chord bearing N79°45'14'E- 170.39 feet; THENCE along said curve 170.39 feet to a point being the northeast comer of said Sealy Homestead and the most northerly comer of this tract; THENCE S0904202'E, along the southeast line of Sealy Homestead and a 1.514 acre tract described in Volume 653, Page 297 of the deed records of Austin County, Texas and a 1.089 acre tract described in Volume 361, Page 448 of the deed records of Austin County, Texas, 701.85 feet to point being the southwest comer of said 1.089 acre tract and an angle point; THENCE continuing SI6°33'07'E along said east line of Sealy Homestead and the west line of a tract described in Volume 554, Page 417 of the deed records of Austin County, Texas, 200.14 feet to a point being the southeast comer of Sealy Homestead and a southeast comer of this tract; THENCE S76°02:43'W, along the south line of Sealy Homestead and the north line of a 42.066 acre tract described in Volume 263, Page 262 of the deed records of Austin County, Texas, 1178.90 feet to a point in the east line of tract 1 being the southwest comer of Sealy Homestead and an interior comer of this tract; THENCE S48°1208'E, along the east line of tract 1 and the west line of said 42.066 acre tract, 2561.65 feet to a point for an interior comer of this tract; THENCE N42°4354'E, 169.06 feet to a point for a northeast comer of this tract; THENCE S14°5250'E, 1729.67 feet to a point for the southeast comer of this tract; THENCE S80°07' 10"W, 231.50 feet to a point for a southwest comer of this tract; THENCE NI4°52'50'W, 312.14 feet to a point for a southwest comer of this tract; THENCE S80°5459"W, 554.50 feet to a point for a southwest comer of this tract; THENCE NI3°1536'W, 860.92 feet to a point in the south line of tract 2 for an interior comer of this tract; THENCE S42°4354'W, along the south line of tract 2 and 3, 1080.88 feet to a point for an interior comer of this tract; THENCE S47°1606'E, 102.45 feet to a point being the beginning of a non tangent curve to the right, having a radius of 350.00 feet, a central angle of 43°34'20" and a chord bearing S23°07' 14"E- 259.80 feet; THENCE along said curve to the right 266.1 17 feet to the end of said curve; THENCE S02°58'16'E, 360.83 feet to a point in the north right of way ofF.M. Highway 1094 for a southeast comer of this tract; THENCE S86915'26'W, along said right-of-way 80.00 feet to a point for a southwest comer of this tract; THENCE NO2°58' 16"W, 360.83 feet to a point being the beginning of a non tangent curve to the left, having a radius of 250.00 feet, a central angle of 45°24'33" and a chord bearing N27048'40'W - 192.99 feet; THENCE along said curve 198.14 feet to the end of said curve; THENCE N47°1606'W, 102.45 feet to a point in the south line of tract 3, being an interior comer of this tract; pg. 76 6/17/2025 THENCE S4204355'W, along the south line of tract 3, 513.51 feeti to a point being the southwest corner of tract 3 and a southwest corner of this tract; THENCE N4801622'W, along the west line of tract 3, 5056.28 feet to a point in the south right of way of F.M. 2187, for the most westerly corner of this tract; THENCE N41°09'25'E, along the south right-of-way of F.M. 2187, 91.25 feet to the beginning of a curve to the right having a radius of 1850.03 feet, a central angle of 38°25' 10" and a chord bearing N60°2200'E- 1217.42 feet. THENCE along said curve and the south right-of-way of F.M. Highway 2187, 1240.53 feet to the end of said curve; THENCE N79°32" 40"E, along said right-of-way, 592.14 feet to a point in the east line of tract 3 and the west line of tract 2, for an interior corner of this tract; THENCE N4801622'W, along the east line of tract 3 and the west line of tract 2, across F.M. Highway 2187, 151.90 feet to a point in the north right-of-way ofF.M. Highway 2187, for a comner of this tract; THENCE N7903232'E, along the north right-of-way ofF.M. Highway 2187, 536.40 feet to an angle point; THENCE continuing N79°31 '27"E, along said right-of-way, 368.32 feet to the POINT OF BEGINNING and containing 315.584 acres ofland more or less. pg. 77 6/17/2025 IMT - A 4 - Si - 2 - - - 7 3 $ mA - d : - AE aC* * - P SEALY STATION TIRZ EXHIBIT 290.11 Acres of Land F EARTIAMPIPMES a W : 1 SSEN si m E EN B - : : E - E t : : ana S C, pg. 78 6/17/2025 EXHIBIT "G" CITY OF SEALY BOARDS AND COMMISSIONS POLICY WORKFLOW pg. 79 6/17/2025 Boards & Commission Orientation & Application Policy Workflow March1" Upon Appointment: Advertise vacanciesin 1. Saiflasonrotify-nexte day: send welcome email andi inform ofr nexts steps newspaper,sodal media, 2. y-autary-olainsgwures ifa applicable and Oaths ofOffice website, bulletin board per 3. Ctysecrelay-updates contact lists and submitst to Staff Liaisonst to distribute toa all members Sample Annual Advertisement 4. CitySecretary-notify of required training & orientation and provide linkst to Open Meetings Act & TerasPubichmformation training ASAPtot try togetthetraining certificates beforet thet firstboard Applicationstod City Secretary meeting byMay1" 5. Firstboardr meeting (or within 60days) - Surlasan.aamantaseNdCP.utarypoce orientation and ensures all have met training requirements (annually) New Member: 6. CitySecretarysetst ups spreadsheet for ltadane-tasundralies.Meprisuneruse consecutive absences or absences of 25%0 or greater int 6months Appointment Application 7. ClySecetay-colet: all memtwrstmpetdsgpalure Forms (Page22) and proof oft for CurrentMember: training Reappointment Application Cityrecords Boards & Commissions: Last Meeting in MAY: Board Meeting Day Time MemtaApantmnantwlasans Appointmembersto: Parks Third Wednesday, 3:00 Masebasts-sayen Parks, SEDC, Every3months Public Work:Parks/Streets; Admin PamaingCommision/OAC, TIRZ Sealy EDC Fourth Tuesday 6:00 7/May/ 1-2City Council meetings; #1-4 even years; #5-7oddy years EDCDIRECTOR Planning Second Wednesday 6:00 7/ May/ #1-4oddy years;5-7eveny years Commission ASSISTANT CITY MANAGER Capital Twiteperyearusualyn 6:00 Planning Commission members/5/ CHARTERREVIEW Improvement JuneandDecember May/lreale lestate, 1 development, 1 202,tienevery5years buildingi industry. Ghysecretaryexofido ASSISTANT CITY MANAGER Charter Review Every5years, beginning 5:00 5members/ July 1998. CITY SECRETARY Monthly, typically July-Dec. TIRZ#2 Typically one meeting per 6:00 /Dacember/s15GH/ #6-7-taxing year, determined by Hawes unitslevyingtaxes int thezone; staggered Hill 246-cenyas12570k) years FINANCE DIRECTOR pg.80 6/17/2025 EXHIBIT "H" ABSTENTION AND CONFLICT OF INTEREST AFFIDAVIT pg. 81 6/17/2025 CITY OF SEALY BOARDS AND COMMISSIONS POLICY ABSTENTION AND CONFLICT OF INTEREST POLICY EXHIBIT "H" AFFIDAVIT THE STATE OF TEXAS COUNTY OF AUSTIN I, as a member of the of the City of Sealy, Texas, make this affidavit and hereby on oath state the following: Ihave a substantial interest in a business entity or real property that may receive a special economic effect that is distinguishable from the effect on the public by a vote or decision of the of the City of Sealy, Texas, as those terms are defined in Chapter 171 of the Local Government Code. The business entity or real property is: The business entity or real property in which I have a substantial interest is: [name and address of business and/or description of property] I or a person that is related to me within the first degree of consanguinity (blood) or affinity (marriage) as defined by state law has a substantialinterest in this business entity or real property for the following reasons [circle all that apply): (1) own 10% or more of the voting stock or shares of the business entity; (2) own 10% or more of the fair market value of the business entity; (3) own $15,000 or more of the fair market value of the business entity; (4) receive from the ousiness entity funds that exceed 10% of [my, his, her] gross pg.82 6/17/2025 income for the previous year; (5) have/has an equitable or legal ownership of real property with a fair market value of $2,500 or more. (6) relative within the first degree of consanguinity or affinity has a substantial interest. Upon the filing of this affidavit with the City Secretary for the City of Sealy, I affirm that I shall abstain from any discussion, vote, or decision involving this business entity or real property and from any further participation in this matter whatsoever. Signed this day of 20 Name Title BEFORE ME, the undersigned authority, this day personally appeared and by oath stated that the facts hereinabove stated are true and correct to the best of his/her knowledge or belief. Sworn to and subscribed before me on this day of 20 (Name and Title) Notary Public in and for the State of Texas pg.83 6/17/2025 Item #14 DISCOVER mt * mmmt SEAL EXAS 8AR SEALY SEALY CITY COUNCIL AGENDA ITEM NO: 14 Discussion and possible action to approve a Personal Services Agreement with Michael Baxter of Texas Festival & Tourism Consulting to provide festival consulting services. SUBMITTED BY: Sealy Economic Development and Tourism Staff MEETING DATE: June 17, 2025 STAFF REPORT DESCRIPTION City Council is asked to consider and take action on a proposed Personal Services Agreement with Michael Baxter of Texas Festival & Tourism Consulting for event consultation services related to Sealy's signature events: "Fantasy of Lights," "Spring Fest," and a proposed new 2026 festival later in 2026. The agreement includes festival evaluation, community engagement, marketing enhancements, and development of event activities designed to strengthen Sealy's cultural tourism offerings. The City aims to increase regional visibility, community participation, and economic impact through stronger and more dynamic festival programming. Each event will be addressed as a separate project under the agreement. The term of the agreement runs through September 30, 2026, with the option to renew. Compensation is structured by project and capped at $15,000 total, with up to $5,000 allocated per event, excluding mileage and lodging (ifnecessary). All services are subject to the terms of the Texas Government Code, Chapter 2251. ANALYSIS Mr. Baxter's background includes a tenure exceeding five years as the Owner & Chief Consulting Guy at Texas Festival & Tourism Consulting, his mission revolves around invigorating festivals and events with innovative strategies and compelling visual storytelling. Through his expertise in project management, he will work with Sealy to navigate the complexities of festival creation and tourism marketing to grow attendance, and deliver impactful experiences for festival attendees. He steered the City of Tomball's tourism and festival program for over 11 years and prior to that he served as Marketing Director for 12 years and 13 years respectively at Traders Village and Splashtown Waterpark, leaving a legacy of growth and community engagement. He now produces a podcast, FESTIVAL SOUP, along with a dedicated industryblog, while educating and connecting professionals, providing photography that captures the vibrant essence of each event. The agreement includes: Evaluation and analysis of current events Recommendations for entertainment, marketing, aesthetics, sponsorship, and safety Development of guest and community surveys Event budgeting support Planning assistance for a new 2026 festival The City aims to increase regional visibility, community participation, and economic impact through stronger and more dynamic festival programming. Each event will be addressed as a separate project under the agreement. LEGAL REVIEW The proposed agreement and supporting documents have been reviewed and found to meet all state and municipal contracting requirements, including conflict of interest, ant-discrimination, and procurement regulations. Legal compliance forms are included in the packet. FINANCIAL IMPACTS Funding for the consulting services will not exceed $15,000. The funding for Fantasy of Lights will be out of FY 2024-2025 and the remaining $10,000 will be paid in FY 2025-2026. ATTACHMENTS Personal Services Agreement #2025-007 Exhibit A - Festival Consulting Proposal Contract Attachments: HB 89 Verification Disclosure of Business with Iran, Sudan, or Foreign Terrorist Organizations HUB Certification Conflict of Interest Questionnaire (Form CIQ) RECOMMENDATION City staff recommends approval of the Personal Services Agreement with Michael Baxter of Texas Festival & Tourism Consulting as presented, authorizing the City Manager to execute the agreement and any associated documents. PERSONAL SERVICES AGREEMENT #2025-007 For Festival Consulting This AGREEMENT ("Agreement") is entered into by and between the undersigned, City of Sealy, Texas ("City") 415 Main Street Sealy, TX 77474 and Texas Festival & Tourism Consulting CONTRACTOR) Michael Baxter, CEO 5315-B FM 1960 W #354 Houston, TX 77069 Section 1. Services: CONTRACTOR will perform the designated services and/or provide the designated products as set forth in Exhibit A, which is attached hereto and incorporated for all purposes, and subsequent Task Orders. The work under this Agreement shall be completed as detailed in Exhibit A and each Task Order. The terms and conditions of this Agreement take precedence over all exhibits and attachments. Section 2. Term and Termination: This Agreement shall begin upon the date of its final execution and shall terminate September 30, 2026, with the option to renew for additional term(s) upon written notification from the City. This Agreement may be terminated, upon thirty (30) days written notice, by the CITY without cause or by the CONTRACTOR for cause. This Agreement may be terminated immediately by the CITY for cause. Upon termination, CITY shall pay CONTRACTOR, at the rate set out in Exhibit A, attached hereto and incorporated herein for all purposes, for Services satisfactorily performed up to the date of termination. Notwithstanding any provision in this Agreement to the contrary, CITY will not be required to pay or reimburse CONTRACTOR for any services performed or for expenses incurred by CONTRACTOR after the date of the termination notice that could have been avoided or mitigated by CONTRACTOR. Section 3. Compensation: The CONTRACTOR shall be paid for the services, if approved, as set forth in Exhibit A. The CITY shall pay the CONTRACTOR in accordance with the Texas Government Code, Chapter 2251. The CONTRACTOR must submit invoices for all services, which invoices must include dates and details of services provided. Invoices must reference the executed contract number or purchase order number. Invoices shall be submitted to the CITY representative named in Section 24. Payment for delivery of Services rendered shall not be unreasonably withheld or delayed. The CITY and CITY shall be under no obligation to pay for services rendered without prior authorization. Invoices shall also be submitted electronically to Accounts Payable ap@c.sealy/x.US. with a copy to the appropriate CITY representative named in Section 24. The CONTRACTOR may, at the CITY's discretion, be provided with a purchase order number from the CITY and such number shall be referenced on all invoices submitted to the CITY. When the CITY believes there is an error on an invoice received from CONTRACTOR, the CITY has until the 21st day after receipt to notify the vendor of the dispute. If resolved in favor of the CITY, the vendor must submit a new invoice, and the CITY have thirty (30) days to pay. If the dispute is resolved in favor of the vendor, interest is due from the original date on which the invoice would have become overdue. Section 4. Travel: See Exhibit A for any applicable terms. Section 5. Limit of Appropriation and Fiscal Funding. The CONTRACTOR clearly understands and agrees, such understanding and agreement being of the absolute essence to this Agreement, that the CITY shall have available the amount of $15,000 as budgeted by the CITY to discharge any and all liabilities which may be incurred by the CITY pursuant to this Agreement and that the total maximum compensation that the CONTRACTOR may become entitled to hereunder and the total maximum sum that the CITY shall become liable to pay to the CONTRACTOR hereunder shall not under any conditions, circumstances, or interpretations, hereof, exceed the said total maximum sum provided for in this section without prior written permission from the CITY. The CITY's fiscal year is October 1 through September 30. If this Agreement extends beyond September 30th, there shall be a fiscal funding out. If, for any reason, funds are not appropriated to continue the contract in the new fiscal year, this Agreement shall become null and void on the last day of the current appropriation of funds without penalty of any kind or form to the CITY and CITY. Section 6. Relationship of the Parties: CONTRACTOR is an independent contractor and is not an employee, partner, joint venture, or agent of CITY. The CONTRACTOR understands and agrees that he/she will not be entitled to any benefits generally available to Sealy CITY employees. CONTRACTOR shall be responsible for all expenses necessary to carry out the services under this agreement, and shall not be reimbursed by CITY for such expenses except as otherwise provided in this Agreement. Section 7. Authority of the Project Manager: All Services to be performed by the CONTRACTOR hereunder shall be performed to the satisfaction of the CITY's project manager, named in Section 23. The CITY's project manager shall decide any and all questions which may arise as to the quality or acceptability of the Services performed by the CONTRACTOR, and the decisions of the CITY's project manager in such cases shall be final and binding on both parties. However, nothing contained herein shall be construed to authorize the CITY's project manager to alter, vary, or amend this Agreement. Section 8. Intellectual Property: This Agreement shall be an agreement for services, and the parties intend and consider any work created as a result of this Agreement, including any and all documentation, images, products, or results, to be a work for hire under federal copyright law. Ownership of the work shall belong to and remain the exclusive property of CITY. The work may be edited at any time within the CITY's discretion. If the work would not be considered a work-for- hire under applicable law, CONTRACTOR hereby assigns, transfers and conveys any and all rights, title and interest to the CITY, including without limitation all copyrights, patents, rights of reproduction, rights to ownership, and right to secure registrations, renewals, reissues and extensions thereof. As the sole copyright holder of the work, the CITY maintain and assert the rights to use, reproduce, make derivative works from, and/or edit the work in any form of medium, expression, or technology now known or hereafter developed, at any time within the CITY's discretion. CONTRACTOR retains the right to reuse non-clent-specific templates, frameworks, or methodologies developed during the engagement, provided no confidential information or proprietary brand elements from the CITY are used. CONTRACTOR shall not sell, disclose, or obtain any other compensation for the Services provided herein. If the work is one to which the provisions of 17 U.S.C. S 106A apply, the CONTRACTOR hereby waives and appoints the CITY to assert on the CONTRACTORS behalf the CONTRACTORS moral rights or any equivalent rights regarding the form or extent of any alteration to the work (including, without limitation, removal or destruction) or the making of any derivative works based on the work, including, without limitation, photographs, videos, drawings or other visual reproductions of the work, in any medium, for CITY purposes. Notwithstanding the CITY's ownership of the work as set forth above, the CITY grants CONTRACTOR a non-exclusive, royalty-free, limited license to display or reference final deliverables created under this Agreement (e.g., social media content, branding, campaign strategy, or visual designs) solely for the purpose of promoting CONTRACTOR'S services in portfolios, case studies, presentations, and marketing materials, provided such use does not disclose confidential information or portray the CITY in a negative or misleading manner. CONTRACTOR agrees to credit the CITY appropriately in any such promotional usage and will comply with any reasonable requests from the CITY regarding content usage or removal.. Section 9. Confidentiality: During the term of this Agreement, CONTRACTOR may come in contact with confidential nformation of the CITY. CONTRACTOR agrees to treat as confidential the information or knowledge that becomes known to CONTRACTOR during performance of this Agreement and not to use, copy, or disclose such information to any third party unless authorized in writing by CITY. This provision does not restrict the disclosure of any information that is required to be disclosed under applicable law. CONTRACTOR shall promptly notify the CITY of any misuse or unauthorized disclosure of its confidential information, and upon expiration of this Agreement, shall return to the CITY all confidential information in CONTRACTOR'S possession or control. CONTRACTOR shall further comply with all CITYi information security policies that may apply and shall not make any press releases, public statements, or advertisements referring to the Services provided under this agreement or the engagement of CONTRACTOR without the prior written approval of the CITY. Section 10. Warranties and Representations: CONTRACTOR warrants and agrees that CONTRACTOR shall perform the Services and conduct all operations in conformity with all applicable federal, state, and local laws, rules, regulations, and ordinances. For any Service performed on premises owned or controlled by the CITY, CONTRACTOR warrants and agrees that CONTRACTOR will perform the Services in compliance with all CITY rules, including but not limited to prohibitions related to tobacco use, alcohol, and other drugs. Section 11. Licenses:Cerltications: If applicable, CONTRACTOR agrees to obtain, at its own cost, any and all approvals, licenses, filings, registrations, and permits required by federal, state, or local laws, regulations, or ordinances required for the performance of the Services. Section 12. Performance/Qualifications and Assignment: CONTRACTOR agrees and represents that CONTRACTOR has the personnel, experience, and knowledge necessary to qualify CONTRACTOR for the particular duties to be performed under this Agreement. CONTRACTOR warrants that all services performed under this Agreement shall be performed consistent with generally prevailing professional or industry standards. The CITY and the CONTRACTOR bind themselves and their successors, executors, administrators, and assigns to this Agreement and to the successors, executors, administrators, and assigns of the other party, in respect to all covenants of this Agreement. Neither the CITY, nor the CONTRACTOR shall assign, sublet, or transfer its or his interest in this Agreement without the written consent of the other, which consent will not be unreasonably withheld. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body, which may be a party hereto. Section 13. Conflict of Interest: CONTRACTOR warrants, represents, and agrees that CONTRACTOR presently has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with CONTRACTOR'S performance of the services hereunder. CONTRACTOR further warrants and affirms that no relationship or affiliation exists between CONTRACTOR and the CITY that could be construed as a conflict of interest with regard to this Agreement. Pursuant to Section 2252.908, Texas Government Code, if this Agreement requires an action or vote by the CITY Board or City Council or has a value of at least $1 million, CONTRACTOR further warrants that CONTRACTOR has submitted a disclosure of interested parties to the CITY. Section 14. Insurance: CONTRACTOR shall maintain during the term hereof in full force and effect the following insurance: () a comprehensive general liability policy of insurance for bodily injury, death and property damage insuring against all claims, demands or actions relating to the CONTRACTORS performance of services pursuant to this Agreement with a minimum combined single limit of not less than $1,000,000.00 per occurrence for injury to persons (including death), and for property damage; (i) if CONTRACTOR has any employees and is not a sole proprietorship, then statutory Worker's Compensation Insurance at the statutory limits and Employers Liability covering all of CONTRACTORS employees involved in the provision of services under this Agreement with policy limit of not less than $500,000.00; and (i) Professional Liability covering negligent acts, errors and omissions in the performance of professional services with policy limit of not less than $1,000,000.00 per claim and $1,000,000.00 in the aggregate. All policies of insurance shall be endorsed and contain the following provisions: (1) name CITY, its officers, and employees as additional insureds as to all applicable coverage with the exception of Workers Compensation Insurance and Professional Liability; and (2) provide for at least thirty (30) days prior written notice to the CITY for cancellation of the insurance; (3) provide for a waiver of subrogation against the CITY for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance, except for Professional Liability. Insurance. The CONTRACTOR shall provide written notice to the CITY of any material change of or to the insurance required herein. A certificate of insurance and copies of the policy endorsements evidencing the required insurance shall be submitted prior to commencement of services and upon request by the CITY and CITY. COVERAGES SHALL BE WITH A COMPANY (WITH AT LEAST AN A- BEST RATING) ACCEPTABLE TO THE CITY PURCHASING AND RISK MANAGEMENT DIVISION AND A COPY OF THE CERTIFICATE OF COVERAGE SHALL BE DELIVERED TO THE CITY ON OR BEFORE THE DATE OF THIS AGREEMENT. Section 15. Indemnification: Except as provided herein, CONTRACTOR shall indemnify and hold harmless the City of Sealy, and each of its directors, officers, officials, agents, representatives, and employees from and against all claims, actions, suits, demands, proceedings, costs, damages and liabilities, including without limitation attorneys' fees and reasonable litigation costs, arising out of, connected with, or resulting from any acts or omissions of CONTRACTOR or any agent, employee, SUBCONTRACTOR, or supplier of CONTRACTOR in the execution or performance of this contract. If any action or proceeding shall be brought by or against the City of Sealy in connection with any such claim, action, suit, demand, proceeding, cost, damage, or liability, the CONTRACTOR, on notice from the City of Sealy, shall defend the City of Sealy against such action or proceedings at CONTRACTORS expense, by or through attorneys reasonably satisfactory to the City of Sealy. The CONTRACTOR'S obligations under this section shall not be limited to the limits of coverage of insurance maintained or required to be maintained by the CONTRACTOR under this Agreement. CONTRACTOR agrees to provide personal services, as applicable, hereunder as expeditiously as is prudent considering the ordinary personal skill and care of a competent individual, as applicable, and in accordance with the generally accepted standards applicable thereto and shall use that degree of care and skill commensurate with the CONTRACTOR'S trade or profession to comply with all applicable state, federal, and local laws, ordinances, rules, and regulations relating to the services provided hereunder and the CONTRACTOR'S performance. CONTRACTOR shall and does hereby agree to indemnify and hold harmless the CITY, its officers, officials, agents, representatives, and employees from any and all damages, loss, or liability of any kind, whatsoever, including, but not limited to, death, injury, or property damages, to the extent caused by the intentional, knowing, reckless, or negligent act or omission (hereinafter referred to as "fault") of the CONTRACTOR, its officers, agents, employees, invitees or other persons for whom it is legally liable, with regard to the performance of services, as applicable, pursuant to this Agreement, and the CONTRACTOR will reimburse the CITY's reasonable legal costs, including reasonable attorney's fees, in proportion to CONTRACTORS liability for such engineering and architectural services, as applicable. Section 16. Force Majeure: Neither the CONTRACTOR, its suppliers nor the CITY will be liable for any failure or delay in this Agreement due to any cause beyond its reasonable control, including acts of war, epidemics, acts of God, earthquakes, floods, embargos, riots, sabotage, labor shortages or disputes, governmental acts, including, but not limited to, measures taken to address or contain disease outbreaks, or failure of the Internet (not resulting from the negligence or willful misconduct of CONTRACTOR), provided that the delayed party: (a) gives the other party prompt notice of such cause, and (b) uses its reasonable commercial efforts to promptly correct such failure or delay in performance. If the CONTRACTOR is unable to provide services for a period of thirty (30) consecutive days as a result of a continuing force majeure event, the CITY and CITY may cancel the contract without penalty. Section 17. Jurisdiction: CITY, CITY, and CONTRACTOR agree that any dispute under this Agreement shall be brought in a court of competent jurisdiction in Austin County, Texas, and that this Agreement shall be governed by Texas law, except for the conflict of law provisions. Section 18. Prohibition on Boycotting srael. (REQUIRED IF CONTRACT VALUE IS OF $100,000 AND COMPANY HAS TEN FULL TIME EMPLOYEES): Pursuant to Section 2271.002, Texas Government Code, CITY may not enter into a contract for goods or services unless the contract contains a written verification that the CONTRACTOR: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this Agreement. By executing this Agreement, CONTRACTOR verifies that CONTRACTOR does not boycott Israel or will not boycott Israel during the term of this Agreement. Section 19. Engaging in Business with Sudan, Iran, or Foreign Terrorist Organizations Prohibited. Pursuant to Section 2252.152, Texas Government Code, CONTRACTOR warrants, represents, and agrees that CONTRACTOR is not identified on a list prepared and maintained by the Texas Comptroller of Public Accounts as a company that engages in business with Sudan, Iran, or a foreign terrorist organization. Section 20. No Boycott of Energy Companies. By signing and entering into the Agreement, CONTRACTOR certifies and verifies, pursuant to Chapter 2271 and Chapter 809 of the Government Code, that it does not boycott energy companies and will not boycott energy companies during the term of this Agreement. "Boycott energy company" has the meaning assigned by Section 809.001, Government Code. Section 21. No Boycott of Firearms. By signing and entering into the Agreement, CONTRACTOR verifies, pursuant to Chapter 2274 of the Texas Government Code, that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and verifies it will not discriminate during the term of this Agreement against a firearm entity or firearm trade association. "Discriminate against a firearm entity or firearm trade association" has the meaning assigned by Section 2274.001(3), Government Code. Section 22. Entire Agreement: This Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, and understandings, oral or written, between the parties relating to this Agreement. This Agreement may not be modified except by mutual written agreement of the parties executed subsequent to this agreement. Section 23. Severability: In the event that any provision(s) oft this Agreement shall for any reason be held invalid, illegal, or unenforceable, the invalidity, illegality or unenforceability of that provision(s) shall not affect any other provision(s) of this Agreement, and it shall further be construed as if the invalid, illegal, or unenforceable provision(s) had never been a part of this Agreement. Section 24. Address and Notices, and Communication: The parties contemplate that they will engage in informal communications with respect to the subject matter of this Agreement. However, any formal notices or other communications ("Notice") required to be given by one party to the other party under this Agreement shall be given in writing addressed to the party to be notified at the address set forth below for such party, (1) by delivering the same in person, (i) by depositing the same in the United States mail, certified or registered, return receipt requested, postage prepaid, addressed to the party to be notified, or (ii) by depositing the same with a nationally recognized courier service guaranteeing "next day delivery, addressed to the party to be notified, (iv) by sending the same by telefax with confirming copy sent by mail, or (v) by sending the same by electronic mail with confirming copy sent by mail. Notice deposited in the United States mail in the manner hereinabove described shall be deemed effective from and after the date of such deposit. Notice given in any other manner shall be effective only if and when received by the party to be notified. For the purposes of notice, the addresses of the parties, until changed by providing written notice in accordance hereunder, shall be as follows: All notices and communications under this Agreement shall be mailed to the CONTRACTOR at the following address: Texas Festival & Tourism Consulting "CONTRACTOR? Michael Baxter, CEO 5315-B FM 1960 W #354 Houston, TX 77069 michaebaxter@texastestvaandourismconsulting.com Phone: (281) 222-4775 All notices and communications under this Agreement shall be sent to the following address: Sealy Economic Development Corporation and Sealy Attn: Bill Atkinson 330 Main Suite 8 Sealy, TX 77474 BAltnson@ciseakykus: Phone: (979) 627-6121 *SIGNATURES TO FOLLOW* For City of Sealy, Texas: Signature Kimbra Hill, Sealy City Manager, City of Sealy Date For Contractor: Signature Name and title Date EXHIBIT A PROPOSAL As discussed earlier, would initially work in conjunction with the City of Sealy Tourism to help improve the holiday themed "Fantasy of Lights" and the annual "Spring Fest" through, but not limited to, the following: 1. Evaluation of the events as they now exist 2. Confirmation, in my opinion, of what is currently being done well or could use some tweaking 3. Make suggestions for how we can improve the events in areas such as: entertainment overall aesthetics including on-site signs, banners, flagging, etc. community participation and volunteerism sponsorships various marketing options both traditional and social on-site activities for festival goers, .e. carnival, competitive eating, mattress racing or corn hole tournament event budgeting public safety 4. Help create a guest survey to evaluate the projects after completion 5. Help create a community survey to determine residents' views on existing and future events If a new festival is to be created, - would help coordinate the above tasks as well as other activities needed to make that event happen. FEE STRUCTURE This agreement would be structured as individual projects for simplicity. QUOTE: Festival of Lights" - $5,000 QUOTE: "Spring Fest" - $5,000 QUOTE: Yet to be determined 2026 festival - $5,000 In addition to the per event quotes above, overnight accommodations, if necessary, and event related mileage based on current IRS rates will apply and be billed separately. LOCAL CERTIFICATIONS ATTACHMENTI: HOUSE BILL 89 VERIFICATION [Person Name] the undersigned representative of [Company or Business Name] (hereafter referred to as Company) being an adult over the age of eighteen (18) years of age, does hereby depose and verify that the Company named above, under the provisions ofTexas Government Code Chapter 2271: 1. Does not currently boycott the country ofIsrael; and 2. Will not boycott the country ofI Israel during thet term ofthe contract with City of Sealy, Texas. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israe!" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. 3. Pursuant to Section 2270.002 ofthe Texas Government Code, Respondent certifies that either a. it meets an exemption criterion under Section 2270.002; or b. it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response. (HB 793 exemptions). EXEMPTIONS APPLY TO THE FOLLOWING: A. Contract between a governmental entity and a company with less than 10 full-time employees B. Contract has a value of less than $100,000 paid wholly or partly from public funds of the governmental entity Signature: Date: ATTACHMENT I: DISCLOSURE OF BUSINESS RELATIONSHIPS WITH IRAN, SUDAN, OR A FOREIGN TERRORIST ORGANIZATION Texas S.B. 252 (Effective 9/1/2017): provides that (1) the City may not enter into a governmental contract witha a Provider that is identified on a list prepared and maintained by the comptroller and that does business with Iran, Sudan, or a foreign terrorist organization; and (2) a company that the United States government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, its federal sanctions regime relating to Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to contract prohibition under this subchapter. Bys signing below, Offeror acknowledges that it has read and understands that it does not appear on the list maintained by the Texas Comptroller of Public Accounts. Name of Offeror: Signature of Authorized Representative: Date: ATTACHMENT Il: HISTORICALLY UNDERUTILIZED BUSINESS CERTIFICATION Historically Underutilized Businesses (HUBs), minority or women-owned or disadvantaged businesses enterprises (M/W/DBE) are encouraged to participate in thes solicitation process. The City recognizes the certifications oft the State of Texas Program administered by the Texas Comptroller of Public Accounts. For consideration of points ini the evaluation process, an offeror who is certified by the Comptroller as a HUB with active status should complete the information at the bottom of this page. Companies seeking information concerning HUB certification should contact: State of Texas HUB Program Texas Comptroller of Public Accounts Lyndon B. Johnson State Office Building 111 East 17th Street Austin, Texas 78774 (512) 463-6958 MhamaindaMaLusapameniscanunw Vendor CMBL Information as Registered with Texas Comptroller's Office Vendor ID1 from CMBL: Vendor Name from CMBL: HUB Status is active:Yes No Date HUB Status: Expires: Acknowledgment By signing its submission, Offeror acknowledges that it has read and understands the above requirements for acceptance of the Offeror's Statements of Qualification. Name of Offeror: Signature of Authorized Representative: Date: CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICEUSEONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. Name of vendor who has a business relationship with local governmental entity, Check this box ifyou are filing an update to a previously filed questionnaire. (The law requires that you file anupdated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) Name of local government officer about whom the information is being disclosed. Name of Officer 4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)A). Also describe any family relationship with the local government officer. Complete subparts A and Bi for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. 6 Check this boxi if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2/B), excluding gifts described in Section 176.003(a-1). 7J Signature of vendor doing business with the governmental entity Date CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 oft the Local Government Code may be found at htp:/www.statutes. legis.state. tx. usl DocylGhi.G176.mtm. For easy reference, below are some of the sections cited on this form. Local Government Code S 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) at transaction conducted at a price and subject to terms available to the public; or (C) aj purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code S 176.003(a/(2XA) and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: *** (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that () a contract between the local governmental entity and vendor has been executed; or (i) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (1) a contract between the local governmental entity and vendor has been executed; or (i) the local governmental entity is considering entering into a contract with the vendor. Local Government Code S 176.006(a) and (a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)A): (2) has given al local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with al local government officer of that local governmental entity. (a-1) The completed conflict ofi interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with al local government officer. J.Executive Session Item #16 Item #17 Reports o7 Requests from the City Manager and Discussion Item #18 Reports, Announcements, OY Requests from Councilmembers K. Adjourn