NOTICE OF SPECIAL MEETING SEALY CITY COUNCIL CITY COUNCIL CHAMBERS 415 MAIN STREET SEALY, TX 77474 MONDAY,JUNE i SEALY EXAS 23, 2025 ABSTITO a AtTLENCt APTCLEIPABSIESS 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. 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.) G. Business 1. Discussion and Possible Action regarding Approving Mass Gathering Ordinance Amending Chapter 66 of the Code of Ordinances. (Second of two readings) 2. 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. (Second of two readings) 3. Discussion and Possible Action regarding Amending the Ordinance of the Master Fee Schedule for Mass Gathering Event Permit Fees. (Second of two readings) J. EXECUTIVE SESSION: A closed meeting will be held concerning the following item(s): a) 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. City of Sealy, Texas Council Meeting Agenda June 23, 2025 4. Reconvene into regular session and consider action, if any, on items discussed in Executive Session. 5. Discussion and Possible Action regarding Purchasing Property from TxDOT. 6. Reports, Announcements, or Requests from Councilmembers. H. 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). Calavalle Sandra Vrablec, City Secretary 2 F. - Consent Agenda None G. Business Item #1 BEAL EXAS ITRVIRIE inmun n: AGENDA ITEM NO: Discussion and Possible Action regarding Approving Mass Gathering Ordinance Amending Chapter 66 of the Code of Ordinances. (2ND of 2 Readings) SUBMITTED BY: Kimbra Hill, City Manager MEETING DATE: June 23, 2025 STAFF REPORT DESCRIPTION This is the second of two readings for the Mass Gathering Ordinance. On June 17th, City Council authorized the following edits: 1. Sec. 66-89.- Definitions: (2) Amended the time period beginning at 5:00 pm instead of 9:00 pm (2) Amended the definition of Promoter to include "or collects a fee" 2. Added "or designee" to the titles of Chief of Police, City Manager and City Secretary in the following sections: Sec. 66-90. = Permit requirement. Sec. 66-91. - Application submittal and review procedure. Sec. 66-93. - Changes to the Mass Gathering Event after approval by Chief of Police. Sec. 66-94. = Permit revocation. Sec. 66-95. - Appeal. Sec. 66-99. = Exceptions to permit and fee. 3. Sec. 66-95. = Appeal: Last line: added the word "filed" 4. Sec. 66-99. - Exceptions to permit and fee. Added: (5) American Legion Post 442 Added (6) Sealy Columbus Club Hall For clarity, the City Attorney recommended an additional revision, which is included in the final version of the Mass Gathering Ordinance: Sec. 66-99. = Exceptions to permit and fee: (1) Add the word either to clarify that a church event held on church-owned property, or a church event held on City-owned property that is managed by another entity under terms of a contract would be exempt. For example, the First United Methodist Church's annual Eggstravaganza that is held at Chapman B&PW Park, which is managed by the Greater Sealy Little League. The dates of ordinance approval were updated, but the final approval date can me amended by the City Secretary if, for any reason, the second reading is not approved on June 23rd. RECOMMENDATION City Manager and Chief of Police recommend City Council's approval. RED LINED VERSION 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 oft the 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. Section2. 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 MISCELLANEOUS 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 oft 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 59:00 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,or collects a fee 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, or designee, 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, or designee. 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, or designee, including all required supporting documents, site plans, and information requested by the Chief,or designee. 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, or designee, 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, or designee. The Chief of Police, or designee. 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, or designee. 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,or designee. City Manager, or designee, and Chief of Police, or designee. 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 oft the 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 filedt 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 Cehief of Ppolice, or Ceity Csouncil, 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 or designee, ten (10) days prior to the event, but are notr 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 either 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; (5) American Legion Post 442: Created: 2821-09- 14 12:38:17 [EST) (Supp. No.2 20) Page! 5of6 (6)Knights of Columbus Council 3313 Sealy Columbus Club Hall;, or Formatted: Strikethrough (75) Any other exceptions approved by City Council. Formatted: Indent: Left: 0",F First line: 0, Space Before: Opt, After: Opt Formatted: Space Before: Opt After: Opt (b) Events that were previously exempt may be reclassified at the discretion of the Chief+ of Police,or designee, if, in the past, they have: Formatted: Space Before: Opt After: 12pt (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 unconstitutionall 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 ity 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. Section5. Penalty. Any person who violates or causes, allows, or permits another to violate any provision oft 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 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 oft 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 17th day of June 2025. PASSED, APPROVED AND ADOPTED at this second reading on the 23rd day of June 2025. Carolyn Bilski, Mayor ATTEST: Sandra Vrablec, City Secretary CLEAN VERSION 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 of the 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 MISCELLANEOUS 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 5:00 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, or collects a fee 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, or designee, 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, or designee. 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, or designee, including all required supporting documents, site plans, and information requested by the Chief, or designee. 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, or designee, 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, or designee. The Chief of Police, or designee, 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, or designee, 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, or designee, City Manager, or designee, and Chief of Police, or designee, 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 of the 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 filed 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 or designee, 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 either 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; (5) American Legion Post 442; Created: 2021-09-14 12:38:17 [EST] (Supp. No. 20) Page 5 of 6 (6) Sealy Columbus Club Hall; or (7) Any other exceptions approved by City Council. (b) Events that were previously exempt may be reclassified at the discretion of the Chief of Police, or designee, 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 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 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 17th day of June, 2025. PASSED, APPROVED AND ADOPTED at this second reading on the 23rd day of June, 2025. Carolyn Bilski, Mayor ATTEST: Sandra Vrablec, City Secretary Item #2 BEAL EXAS Rma DI immun nuIs AGENDA ITEM NO: 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. (2ND of 2 Readings) SUBMITTED BY: Kimbra Hill, City Manager MEETING DATE: June 23, 2025 STAFF REPORT DESCRIPTION This is the second of two readings for an ordinance establishing the No Parking/Tow Away Zones described above. On June 17th, City Council authorized the following edits: Section 2. Move the incomplete sentence between Section 2. D) and Section 3. To Section 4, as redlined. Section 4. 1. Language referenced above was moved to this section. 2. Added "Homeowners may contact the Sealy Police Department to obtain parking permits authorizing parking on the street in front of their homes. Per Captain Riske's presentation at the June 17th meeting, a Sealy Police Department officer will conduct in- person visits with homeowners to inform them about the new ordinance and its effective date. These visits are intended to ensure clear communication and to help minimize any disruption to residents' daily routines or their ability to host guests at home as usual. In fhe process of implementing this new ordinance, the Police Department will make every effort to deliver parking permits directly to affected homeowners. Once permits are distributed, they will remain valid unless there is a change in home ownership or a resident anticipates hosting future guests who may need to park on the street. In either case, residents are encouraged to contact the Sealy Police Department to request additional permits and coordinate parking arangements with department staff. The purpose of these measures is to proactively minimize and, where possible, eliminate any inconvenience to residents in the event of future mass gatherings, while maintaining safety and orderly use of residential areas. The dates of ordinance approval were updated, but the final approval date can me amended by the City Secretary if, for any reason, the second reading is not approved on June 23rd. RECOMMENDATION City Manager and Chief of Police recommend City Council's approval. RED LINED VERSION ORDINANCE NO. 2025 AN ORDINANCE OF THE CITY 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; 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 1of 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. belwpen-neowEaIsOPRGAPNyuNsOOamonMondye 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, between the hours of 5:00 pm on Fridays until 6:00 am on Mondays, for all streets as described in Section 2 above, through the erection of signage. All signage shall comply with the Texas Manual on Uniform Traffic Control Devices. Homeowners may contact the Sealy Police Department to obtain parking permits authorizing parking on the street in front of their homes. Page 2 of 4 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 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 illegally 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 epresentatives shall not be responsible for any damage to any vehicle(s) removed and mpounded. Section 7. 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 Page 3 of4 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. PASSED, APPROVED, and ADOPTED on FIRST READING this 17th. day of Formatted: Fonto color: Red June, 2025.. Formatted: Font color: Red PASSED, APPROVED, and ADOPTED on SECOND READING this 23rd. day Formatted: Font color: Red of June,2025.. Formatted: Font color: Red Carolyn Bilski, Mayor ATTEST: Sandra Vrablec, City Secretary Page 4of4 CLEAN VERSION 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. 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, between the hours of 5:00 pm on Fridays until 6:00 am on Mondays, for all streets as described in Section 2 above, through the erection of signage. All signage shall comply with the Texas Manual on Uniform Traffic Control Devices. Homeowners may contact the Sealy Police Department to obtain parking permits authorizing parking on the street in front of their homes. 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 Page 2 of 4 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 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 illegally 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. Section 7. 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 unconsttutional, whether there be one or more parts. Page 3 of 4 Section 10. Effective Date. This Ordinance shall be effective immediately and enforced when published as required by law and when signs are erected. PASSED, APPROVED, and ADOPTED on FIRST READING this 17th day of June, 2025. PASSED, APPROVED, and ADOPTED on SECOND READING this 23rd day of June, 2025. Carolyn Bilski, Mayor ATTEST: Sandra Vrablec, City Secretary Page 4 of 4 Item #3 BEALA EXAS Banu DEnDCt InTunE AGENDA TEM NO: Discussion and Possible Action regarding Approving Amending the Master Fee Schedule for Mass Gathering Fee. (2ND of 2 Readings) SUBMITTED BY: Kimbra Hill, City Manager MEETING DATE: June 23, 2025 STAFF REPORT DESCRIPTION This is the second of two readings for an ordinance amending the Master Fee Schedule creating a Mass Gathering Fee (Chapter 66). The first reading for this fee was approved on June 17, 2025. City Council directed staff to create a proposed tiered Mass Gathering Event permit fee, based on crowd size. The Master Fee Schedule is amended consistent with the structure of the three levels of City-Wide Event Permit Fees, as follows: MASS GATHERING EVENT PERMIT LEVEL 1: Crowd Size of 300 - 500 FEE: $250 MASS GATHERING EVENT PERMIT LEVEL 2: Crowd Size 501 - 1,000 FEE: $500 MASS GATHERING EVENT PERMIT LEVEL 3: Crowd Size Greater Than 1,001 FEE: $750 RECOMMENDATION City Manager and Chief of Police recommend City Council's approval. ORDINANCE NO. 2025- AN ORDINANCE 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 oft 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 appropriate and reasonable 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 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 anothert 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 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 17th day of June 2025. PASSED, APPROVED AND ADOPTED at this second reading on the 23rd day of June, 2025. Carolyn Bilski, Mayor ATTEST: Sandra Vrablec, City Secretary Page 2 of 2 RED LINED VERSION - N f - V f CLEAN VERSION - f 1 : * - % 3 - - of - 3 de 1 f o n - 8 1 2 9 7 - f 00 - f 9 . 11 - - % 8 - f - 6 o 3 1 8 3 - / J S - e a 5 4 6O 6 6 00 0O - - 3 3 - f 8 1 0 e f 3 3 - - f 1 7 - - - f 4 J. Executive Session Item #5 Item #6 Reports, Amnouncements, OY Requests from Councilmembers