District 1 Rafael De La Garza III. District 2 Josephine E. Soliz

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2 MAYOR Paul Polasek COUNCILMEMBERS District 1 Rafael De La Garza III District 4 Jan Scott District 6 Tom Halepaska MAYOR PRO-TEM Jeff Bauknight District 3 District 2 Josephine E. Soliz District 5 Dr. Andrew Young City Manager Charmelle Garrett The City Council of the City of Victoria, Texas will meet, consider, deliberate, and may take action on the following items: 1 A. Call to Order: 1. Pledge of Allegiance 2. Quorum Call 3. Welcome Citizens B. Communication: Date: September 12, Items from Council: With respect to items not listed on this agenda, City Council Members may request specific factual information, a recitation of existing policy, or placement of items on the City Council agenda for discussion at a following meeting. 2. Citizen Communication: At this time, the public is invited to address the City Council and speak on any matter not specifically listed for public hearing in the subsection titled: Public Hearings, below. Please note that City Council may not deliberate on topics not included on this agenda. C. Ordinances and Items with Public Hearings: 2 Ordinances without Public Hearings: Items listed below are not posted for a public hearing because a public hearing was held with the first reading at a prior meeting. Council may choose to have a public hearing on any item in this section. Public Hearings: The City Council shall call a public hearing before taking action on each item below in this section. Any person wishing to address the City Council on these items should please come forward when that public hearing is called. 1. An ordinance approving and adopting a budget for operating the municipal government of the City of Victoria for the Fiscal Year beginning October 1, 2017, and ending on September 30, 2018; appropriating money for the various funds and purposes of such budget including appropriations of money to pay interest and principal sinking fund requirements on all indebtedness; repealing all conflicting ordinances and appropriations; providing for severability; and declaring an effective date. Third Reading. Gilbert P. Reyna, Jr., C.P.A. 2. A resolution ratifying the property tax revenue increase reflected in the budget for operating the municipal government of the City of Victoria for the Fiscal Year beginning October 1, 2017, and ending on September 30, 2018 as required by Texas Local Government Code (c); and declaring and effective date. Gilbert P. Reyna, Jr., C.P.A. 1 Regardless of the agenda heading under which any item is listed, any subject mentioned in any word or phrase of any item listed on this agenda may be deliberated by City Council, and such words or phrases are hereby added as additional subjects to be considered. Resolutions, ordinances, and other actions concerning any word, phrase, or other subject of this meeting include the regulation of animals, construction, signs, unsafe buildings, floodplains, land development, nuisances, mowing, sanitation, food establishments, manufactured house, itinerant vendors, outdoor sales, water conservation practices, and proposed changes to the City Charter. Any descriptions of property or amounts stated herein are descriptive and not restrictive, and property and amounts may be changed in the motions, actions, or documents without further public notice. 2 In addition to the items listed under Public Hearings, every item on this agenda shall be considered a public hearing.

3 3. An ordinance setting the Tax Rate at a total rate of $ per $100 of property valuation and levying a tax upon all property subject to taxation within the City of Victoria, Texas for the 2017 Tax Year for the use and support of Municipal Government of the City of Victoria, providing for the assessment and collection of taxes, apportioning said levy amount to the various funds and items for which revenue must be raised including providing a sinking fund for the retirement of the bonded debt of the City, providing for penalties and interest for delinquent taxes as prescribed by the Texas Tax Code, repealing all conflicting ordinances, providing for savings, and declaring an effective date. Third Reading. Gilbert P. Reyna, Jr., C.P.A. 4. An ordinance amending the City of Victoria General Fund and VES Fund budget provide funding in the amount of $ for the replacement of a pumper truck for the Fire Department, repealing all conflicting ordinances, providing for savings, and an effective date. First Reading. Gilbert P. Reyna, Jr., C.P.A. D. Consent Agenda: All consent agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the consent agenda and considered after the remainder of the consent agenda. Information concerning consent agenda items is available for public review. E. Resolutions: 1. A resolution authorizing the City Manager to execute an agreement with the University of Houston-Victoria to sell two lanes of Ben Wilson Street from Red River to Airline for the purpose of rebuilding the road to allow for a re-design which will address safety of pedestrians and flow of traffic, and declaring an effective date. Charmelle Garrett. F. City Manager Reports: 3 G. Work Session: H. Executive Sessions: 4 Staff to be Present: Thomas Gwosdz April Hilbrich Gilbert P. Reyna, Jr., C.P.A. 3 Any penal ordinance of the City of Victoria or item which is funded by the current or next proposed City of Victoria budget, including, without limitation, any park, street, water pipe, sewer, drainage structure, department, employee, contract, capital improvement project, or real property interest of the City of Victoria may be discussed and deliberated as a City Manager s Report, and the subject is hereby defined as such without further notice. 4 Any item on this agenda may be discussed in executive session if authorized by Texas law regardless of whether it is listed under Executive Sessions of this agenda, regardless of any past or current practice of City Council. Executive sessions herein are closed meetings, may include consideration of any item otherwise listed on the agenda, plus any subject specified in the executive session notice, and may include items under Texas Government Code Sections , , , , , , and/or Executive sessions may be held at 105 W. Juan Linn, Victoria, Texas or such other location as determined by the City Council. This agenda has been reviewed and approved by the City Attorney s office, and the presence of any subject in the Executive Session portion of this agenda constitutes a written interpretation of Chapter 551 of the Texas Local Government Code by the attorney for the governmental body indicating that said subject may be legally discussed in a closed meeting.

4 Meeting Date: September 12, 2017 Request for Council Agenda Item Department: Finance Person presenting to Council: Gilbert P. Reyna, Jr., C.P.A Report: Resolution: Ordinance: X Public Hearing: X Topic of Council Item An ordinance approving and adopting a budget for operating the municipal government of the City of Victoria for the Fiscal Year beginning October 1, 2017, and ending on September 30, 2018; appropriating money for the various funds and purposes of such budget including appropriations of money to pay interest and principal sinking fund requirements on all indebtedness; repealing all conflicting ordinances and appropriations; providing for severability; and declaring an effective date. Background information A proposed budget for operating the municipal government of the City of Victoria, Texas was submitted to City Council on August 1, 2017 in accordance with Texas Local Government Code and the City Charter. This would be the third reading of an ordinance to approve and adopt a budget for the City of Victoria for Fiscal Year The expenditure budgets of the various funds are listed below: Proposed Budget General Fund $48,581,971 Motel Tax Fund 1,481,119 Convention and Visitors Bureau Fund 980,441 Community Development Block Grant Fund 533,363 Metropolitan Planning Organization Grant Fund 205,000 TCEQ Near-Nonattainment Grant Fund 31,911 Emergency Management Fund 121,538 Auto Theft Grant Fund 200,691 Forfeiture Fund 72,000 Municipal Court Special Revenue Fund 54,064 Records Preservation Fund 4,700 GCRPC 911 Grant Fund 6,900 Public, Educational & Government Television Fund 31,250 Debt Service Fund 11,400,008 Capital Projects Funds 14,358,720 Water/Wastewater Fund 28,929,972 Water/Wastewater - Capital Project Funds 2,496, Main Center Fund 165,287 Community Center Fund 601,073 Environmental Services Fund 5,644,442 Softball Complex Fund 12,000 Riverside Park Golf Course Fund 188,529 Vehicle & Equipment Services Fund 4,382,744

5 Meeting Date: September 12, 2017 Proposed Budget Information Technology Fund 1,341,819 Communications Fund 547,102 Purchasing Fund 365,152 Safety Management Fund 760,125 Workers' Compensation Fund 273,500 Print Shop Fund 250,844 Health Plan Fund 6,609,124 TOTAL $130,632,299 Cost Amount of Expenditure: Fund #: Cost Center #: Account #: Finance Approval: Documents approved by Legal? Legal Approval: Important Dates for Tickler file: Contract Expiration Date: Termination Deadline: Contract Renewal Date: Performance Deadlines: Other ( ): Other ( ):

6 Ordinance No An ordinance approving and adopting a budget for operating the municipal government of the City of Victoria for the Fiscal Year beginning October 1, 2017, and ending on September 30, 2018, appropriating money for the various funds and purposes of such budget including appropriations of money to pay interest and principal sinking fund requirements on all indebtedness, repealing all conflicting ordinances and appropriations, providing for savings, and declaring an effective date. Whereas a proposed budget for operating the municipal government of the City of Victoria, Texas was submitted to City Council on August 1, 2017 in accordance with Texas Local Government code and the City Charter; Whereas public hearings on the budget for the City of Victoria for Fiscal Year were held on August 24, 2017, August 29, 2017, September 5, 2017, and September 12, 2017; and Whereas the City Council finds that after full and final consideration of proposed expenditures, revenues, financial condition, and comparative expenditures was presented, the budget as finally considered at said hearing shall be approved and adopted; Now therefore, be it ordained by the City Council of the City of Victoria, Texas: 1. The City Council of the City of Victoria, Texas officially closes all public hearings in regard to the following budget, and approves and adopts the budget for the City of Victoria s Fiscal Year as described in detail in Exhibit A, which is posted online at and incorporated herein for all intents and purposes, and described in general as follows: Proposed Budget General Fund $48,581,971 Motel Tax Fund 1,481,119 Convention and Visitors Bureau Fund 980,441 Community Development Block Grant Fund 533,363 Metropolitan Planning Organization Grant Fund 205,000 TCEQ Near-Nonattainment Grant Fund 31,911 Emergency Management Fund 121,538 Auto Theft Grant Fund 200,691 Forfeiture Fund 72,000 Municipal Court Special Revenue Fund 54,064 Records Preservation Fund 4,700 GCRPC 911 Grant Fund 6,900 Public, Educational & Government Television Fund 31,250 Debt Service Fund 11,400,008 Capital Projects Funds 14,358,720 Water/Wastewater Fund 28,929,972 Water/Wastewater - Capital Project Funds 2,496, Main Center Fund 165,287 Community Center Fund 601,073 Environmental Services Fund 5,644,442

7 Softball Complex Fund 12,000 Riverside Park Golf Course Fund 188,529 Vehicle & Equipment Services Fund 4,382,744 Information Technology Fund 1,341,819 Communications Fund 547,102 Purchasing Fund 365,152 Safety Management Fund 760,125 Workers' Compensation Fund 273,500 Print Shop Fund 250,844 Health Plan Fund 6,609,124 TOTAL $130,632, The appropriations for the fiscal year for the different administrative units and purposes of the City of Victoria, Texas are fixed and determined for said fiscal year in accordance with the expenditures shown in said budget, and the distribution and division of said appropriations shall be made in accordance with said budget including such amounts shown for providing for sinking funds for the payment of the principal and interest and the retirement of the bonded debt of the City of Victoria. 3. An original copy of the City of Victoria Fiscal Year Budget described above as Exhibit A shall be available for public inspection in the office of the Finance Director, the City Secretary, and the Victoria County Clerk as provided by state law and City Charter. 4. All ordinances and appropriations or parts of ordinances and appropriations in conflict with this ordinance are repealed to the extent of such conflict. 5. If any provision of this ordinance, or the application thereof to any person or circumstances, shall be held invalid or unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. 6. The provisions of this ordinance shall become effective immediately upon final passage and approval by the City Council of the City of Victoria, Texas. Passed first reading, this the 24 th day of August, 2017 Ayes: Nays: Abstentions: Passed second reading, this, the day of, 2017 Ayes: Nays: Abstentions: Passed third reading, this, the day of, 2017 Ayes: Nays: Abstentions:

8 Approved and adopted, this the day of, 2017 Paul Polasek, Mayor of the City of Victoria, Texas Attest: Approved as to legal form: April Hilbrich, City Secretary Thomas A. Gwosdz, City Attorney Distribution: Legal Department Copies Sent: Finance Department Victoria County Clerk Victoria Advocate

9 Meeting Date: September 12, 2017 Request for Council Agenda Item Department: Finance Person presenting to Council: Gilbert P. Reyna, Jr., C.P.A Report: Resolution: X Ordinance: Public Hearing: X Topic of Council Item A resolution ratifying the property tax revenue increase reflected in the budget for operating the municipal government of the City of Victoria for the Fiscal Year beginning October 1, 2017, and ending on September 30, 2018 as required by Texas Local Government Code (c); and declaring and effective date. Background information The purpose of this resolution is to ratify the property tax revenue increase reflected in the budget for operating the City of Victoria for the Fiscal Year beginning October 1, 2017 and ending on September 30, 2018, as required by Texas Local Government Code (c). According to Texas Local Government Code (c), adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax revenue increase reflected in the budget. A vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate required by Chapter 26, Tax Code, or other law. Such ratification shall take place after the final vote adopting the City of Victoria operating budget for Fiscal Year , but before the final vote adopting the tax rate for Fiscal Year Cost Amount of Expenditure: Fund #: Cost Center #: Account #: Finance Approval: Documents approved by Legal? Legal Approval: Important Dates for Tickler file: Contract Expiration Date: Termination Deadline: Contract Renewal Date: Performance Deadlines: Other ( ): Other ( ):

10 Resolution No R A resolution ratifying the property tax revenue increase reflected in the budget for operating the municipal government of the City of Victoria for the Fiscal Year beginning October 1, 2017, and ending on September 30, 2018 as required by Texas Local Government Code (c); and declaring and effective date. Now therefore, be it resolved by the City Council of the City of Victoria, Texas: 1. The property tax increase reflected in the budget for operating the municipal government of the City of Victoria for the Fiscal Year beginning October 1, 2017, and ending on September 30, 2018 as required by Texas Local Government Code (c), is ratified. 2. This resolution shall become effective immediately upon adoption. Passed, this the 12 th day of September, 2017 Ayes: Nays: Abstentions: Approved and Adopted, this the 12 th day of September, 2017 Paul Polasek, Mayor of the City of Victoria, Texas Attest: Approved as to legal form: April Hilbrich, City Secretary Thomas A. Gwosdz, City Attorney Distribution: Legal Department Copies Sent: Finance Department

11 Meeting Date: September 12, 2017 Request for Council Agenda Item Department: Finance Person presenting to Council: Gilbert P. Reyna, Jr., C.P.A Report: Resolution: Ordinance: X Public Hearing: X Topic of Council Item An ordinance setting the Tax Rate at a total rate of $ per $100 of property valuation and levying a tax upon all property subject to taxation within the City of Victoria, Texas for the 2017 Tax Year for the use and support of Municipal Government of the City of Victoria, providing for the assessment and collection of taxes, apportioning said levy amount to the various funds and items for which revenue must be raised including providing a sinking fund for the retirement of the bonded debt of the City, providing for penalties and interest for delinquent taxes as prescribed by the Texas Tax Code, repealing all conflicting ordinances, providing for savings, and declaring an effective date. Background information According to Section of the Texas Tax Code, the governing body of a taxing unit, before the later of September 30, or the 60 th day after the date the certified appraisal roll is received by the taxing unit, shall adopt a tax rate for the current tax year. The Chief Appraiser of the Victoria Central Appraisal District has prepared and certified the appraisal roll for the City of Victoria, Texas, being that portion of the approved appraisal roll of the Victoria Central Appraisal District listing property taxable by the City of Victoria, Texas. Calculations have been performed as required by Section of the Texas Tax Code, and the City has fulfilled all other requirements for publication as contained in Section (d) of the Local Government Code, in a manner designed to come to the attention of all residents of the City of Victoria and has submitted the rates to City Council. The tax rate would be allocated as follows: Tax Year M & O Rate Debt Rate Total Rate 2017 $ $ $ The proposed debt levy of $ can be further allocated as follows: 2015 Certificates of Obligation General Obligation Refunding Bond Series Certificates of Obligation Certificates of Obligation A General Obligation Refunding Bond Series B General Obligation Refunding Bond Series General Obligation Refunding Bond Series Certificates of Obligation General Obligation Refunding Bond Series B Certificates of Obligation Certificates of Obligation $

12 Meeting Date: September 12, 2017 Further, Section 26.05(b)(1)(A)&(B) of the Texas Property Tax Code requires that the following specific wording be included in the ordinance adopting the tax rate and must be in larger type than the type used in any other portion of the document: THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR S TAX RATE. THE TAX RATE WILL EFFECTIVELY BE RAISED BY 1.71% PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $6.40. Note: The 1.71% increase is the amount the proposed tax rate exceeds the effective tax rate: Proposed Tax Rate Less Effective Tax Rate $.5952/$100 valuation $.5852/$100 valuation $.0100 Divided by effective tax rate $ (1.71%) Calculation for increase in maintenance and operations taxes on $100,000 home: Proposed M&O Tax Rate $0.3426/$100 valuation Taxes on $100,000 home $ Effective M&O Tax Rate $0.3362/$100 valuation Taxes on $100,000 home $ 6.40 Cost Amount of Expenditure: Fund #: Cost Center #: Account #: Finance Approval: Documents approved by Legal? Legal Approval: Important Dates for Tickler file: Contract Expiration Date: Termination Deadline: Contract Renewal Date: Performance Deadlines: Other ( ): Other ( ):

13 Ordinance No An ordinance setting the Tax Rate at a total rate of $ per $100 of property valuation and levying a tax upon all property subject to taxation within the City of Victoria, Texas for the 2017 Tax Year for the use and support of Municipal Government of the City of Victoria, providing for the assessment and collection of taxes, apportioning said levy amount to the various funds and items for which revenue must be raised including providing a sinking fund for the retirement of the bonded debt of the City, providing for penalties and interest for delinquent taxes as prescribed by the Texas Tax Code, repealing all conflicting ordinances, providing for savings, and declaring an effective date. Whereas the Chief Appraiser of the Victoria Central Appraisal District has prepared and certified the appraisal roll for the City of Victoria, Texas, said roll being that portion of the approved appraisal roll of the Victoria Central Appraisal District listing property taxable by the City of Victoria, Texas, and has also performed the statutory calculations required by Section of the Texas Tax Code; and Whereas the Director of Finance has published the effective tax rate and the rollback tax rate, with an explanation of how these rates were calculated, and has fulfilled all other requirements for publication as contained in Section 26.04(e) of the Texas Tax Code, in a manner designed to come to the attention of all residents of the City of Victoria and has submitted said rates to the City Council of the City of Victoria, and the City Council complied with all applicable requirements of the Texas Tax Code prior to the setting of the tax rate for the City of Victoria for 2017; Now therefore, be it ordained by the City Council of the City of Victoria, Texas: 1. The City Council of the City of Victoria sets the total tax rate for the year 2017 at $ on each $ property valuation and there is levied and shall be assessed and collected for the year 2017, an ad valorem tax of $ on each $ of the cash value thereof estimated in lawful currency of the United States on all real and personal property within the corporate limits of the City on the first day of January, 2017, and upon all franchises granted by the City to any individual, firm or corporation and upon all money and movable property removed from the City prior to said date for the purpose of evading taxation and afterwards returned to the City. 2. There is levied for the year 2017 upon all real and personal property not exempt from taxation by the constitution and laws of this state situated within the corporate limits of said City, and there shall be collected for the use and support of the municipal government of the City of Victoria, Texas, to provide a sinking fund for the retirement of the bonded debt of said City and to provide for permanent improvements in said City; and said tax, so levied and collected, shall be apportioned to the specific purposes hereinafter set forth; to-wit: a. To pay for general operation and maintenance of the City of Victoria, there is hereby levied and shall be assessed and collected for the year 2017, an ad valorem tax of $ on each $ of the cash value thereof estimated in lawful currency of the United States on all real and personal property within the corporate limits of the City on the first day of January, 2017, and upon all franchises granted by the City to any individual, firm or corporation and upon all money and movable property removed from the City prior to said date for the purpose of evading taxation and afterwards returned to the City. b. To pay the interest on and to create a sinking fund sufficient to redeem the outstanding 2015 Certificates of Obligation, a tax of $ is hereby levied, which shall be assessed and collected on each $ of the cash value thereof estimated in lawful currency of the United States on all real and personal property within the corporate limits of the City on the Page 1 of 4

14 first day of January, 2017, and upon all franchises granted by the City to any individual, firm or corporation and upon all money and movable property removed from the City prior to said date for the purpose of evading taxation and afterwards returned to the City. c. To pay the interest on and to create a sinking fund sufficient to redeem the outstanding 2015 General Obligation Refunding Bond Series, a tax of $ is hereby levied, which shall be assessed and collected on each $ of the cash value thereof estimated in lawful currency of the United States on all real and personal property within the corporate limits of the City on the first day of January, 2017, and upon all franchises granted by the City to any individual, firm or corporation and upon all money and movable property removed from the City prior to said date for the purpose of evading taxation and afterwards returned to the City. d. To pay the interest on and to create a sinking fund sufficient to redeem the outstanding 2014 Certificates of Obligation, a tax of $ is hereby levied, which shall be assessed and collected on each $ of the cash value thereof estimated in lawful currency of the United States on all real and personal property within the corporate limits of the City on the first day of January, 2017, and upon all franchises granted by the City to any individual, firm or corporation and upon all money and movable property removed from the City prior to said date for the purpose of evading taxation and afterwards returned to the City. e. To pay the interest on and to create a sinking fund sufficient to redeem the outstanding 2013 Certificates of Obligation, a tax of $ is hereby levied, which shall be assessed and collected on each $ of the cash value thereof estimated in lawful currency of the United States on all real and personal property within the corporate limits of the City on the first day of January, 2017, and upon all franchises granted by the City to any individual, firm or corporation and upon all money and movable property removed from the City prior to said date for the purpose of evading taxation and afterwards returned to the City. f. To pay the interest on and to create a sinking fund sufficient to redeem the outstanding 2013A General Obligation Refunding Bond Series, a tax of $ is hereby levied, which shall be assessed and collected on each $ of the cash value thereof estimated in lawful currency of the United States on all real and personal property within the corporate limits of the City on the first day of January, 2017, and upon all franchises granted by the City to any individual, firm or corporation and upon all money and movable property removed from the City prior to said date for the purpose of evading taxation and afterwards returned to the City. g. To pay the interest on and to create a sinking fund sufficient to redeem the outstanding 2013B General Obligation Refunding Bond Series, a tax of $ is hereby levied, which shall be assessed and collected on each $ of the cash value thereof estimated in lawful currency of the United States on all real and personal property within the corporate limits of the City on the first day of January, 2017, and upon all franchises granted by the City to any individual, firm or corporation and upon all money and movable property removed from the City prior to said date for the purpose of evading taxation and afterwards returned to the City. h. To pay the interest on and to create a sinking fund sufficient to redeem the outstanding 2012 General Obligation Refunding Bond Series, a tax of $ is hereby levied, which shall be assessed and collected on each $ of the cash value thereof estimated in lawful currency of the United States on all real and personal property within the corporate limits of the City on the first day of January, 2017, and upon all franchises granted by the City to any individual, firm or corporation and upon all money and movable property removed from the City prior to said date for the purpose of evading taxation and afterwards returned to the City. i. To pay the interest on and to create a sinking fund sufficient to redeem the outstanding 2012 Certificates of Obligation, a tax of $ is hereby levied, which shall be Page 2 of 4

15 assessed and collected on each $ of the cash value thereof estimated in lawful currency of the United States on all real and personal property within the corporate limits of the City on the first day of January, 2017, and upon all franchises granted by the City to any individual, firm or corporation and upon all money and movable property removed from the City prior to said date for the purpose of evading taxation and afterwards returned to the City. j. To pay the interest on and to create a sinking fund sufficient to redeem the outstanding 2010 General Obligation Refunding Bond Series, a tax of $ is hereby levied, which shall be assessed and collected on each $ of the cash value thereof estimated in lawful currency of the United States on all real and personal property within the corporate limits of the City on the first day of January, 2017, and upon all franchises granted by the City to any individual, firm or corporation and upon all money and movable property removed from the City prior to said date for the purpose of evading taxation and afterwards returned to the City. k. To pay the interest on and to create a sinking fund sufficient to redeem the outstanding 2009B Certificates of Obligation, a tax of $ is hereby levied, which shall be assessed and collected on each $ of the cash value thereof estimated in lawful currency of the United States on all real and personal property within the corporate limits of the City on the first day of January, 2017, and upon all franchises granted by the City to any individual, firm or corporation and upon all money and movable property removed from the City prior to said date for the purpose of evading taxation and afterwards returned to the City. l. To pay the interest on and to create a sinking fund sufficient to redeem the outstanding 2007 Certificates of Obligation, a tax of $ is hereby levied, which shall be assessed and collected on each $ of the cash value thereof estimated in lawful currency of the United States on all real and personal property within the corporate limits of the City on the first day of January, 2017, and upon all franchises granted by the City to any individual, firm or corporation and upon all money and movable property removed from the City prior to said date for the purpose of evading taxation and afterwards returned to the City. 3. The tax rate described in this ordinance for Maintenance and Operations (M&O) is $ THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR S TAX RATE. THE TAX RATE WILL EFFECTIVELY BE RAISED BY 1.71% PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $ All properties and all values exempt by the Constitution and laws of the State of Texas from taxation are hereby exempt. 5. There is hereby levied and shall be collected by the City of Victoria, Texas, an occupational tax equal in amount to one-half of the amount levied by the State of Texas for its use on all persons, firms, corporations and joint stock companies pursuing an occupation in the City of Victoria, Texas, upon which the City of Victoria may levy an occupational tax; the dates for the collection and payment of taxes hereby levied shall correspond to the dates fixed by the State of Texas for the collection and payment of same to the State of Texas. 6. If any person, firm or corporation fails to pay the taxes imposed by this ordinance upon his or her property on or before the 31 st day of January next succeeding the year for which the assessment is made, such taxes shall be deemed delinquent. 7. There shall be payable on all delinquent taxes all penalties, costs, and expenses as authorized and as prescribed by the Texas Tax Code, 33.01, 33.07, and All delinquent taxes shall bear interest at a rate as authorized and as prescribed by the Texas Tax Code Page 3 of 4

16 9. Taxes that remain delinquent on July 1 st of the year in which they become delinquent incur an additional penalty to defray costs of collection of 15% of the amount of taxes, penalty, and interest due, and a valid tax lien is hereby created in favor of the City of Victoria, Texas, on all properties subject to the provisions of this ordinance to secure the payment of the taxes hereby levied, and penalties and interest, should the latter accrue. 10. All ordinances or parts of ordinances in conflict with this ordinance are repealed to the extent of such conflict. 11. If any section, clause, paragraph, sentence or phrase of this ordinance shall, for any reason, be held to be invalid or unconstitutional, such invalid section, clause, paragraph, sentence or phrase is hereby declared to be severable and any such invalid or unconstitutional section, clause, paragraph, sentence or phrase shall in no way affect the remainder of this ordinance, and it is hereby declared to be the intention of the City Council of the City of Victoria, Texas, that the remainder of this ordinance would have been passed notwithstanding the validity or unconstitutionality of any section, clause, paragraph, sentence or phrase thereof. 12. The provisions of this ordinance shall become effective immediately upon final passage and approval by the City Council of the City of Victoria, Texas. Passed first reading, this, the 5 th day of September, 2017 Ayes: Nays: Abstentions: Passed second reading, this, the day of, 2017 Ayes: Nays: Abstentions: Passed third reading, this, the day of, 2017 Ayes: Nays: Abstentions: Approved and Adopted, this, the day of, 2017 Paul Polasek, Mayor of the City of Victoria, Texas Attest: Approved as to Legal Form: April Hilbrich, City Secretary Thomas A. Gwosdz, City Attorney Distribution: Legal Department Copies Sent: Finance Department Page 4 of 4

17 Meeting Date: September 12, 2017 Request for Council Agenda Item Department: Finance Person presenting to Council: Gilbert P. Reyna, Jr., C.P.A. Report: Resolution: Ordinance: X Public Hearing: X Topic of Council Item An ordinance amending the City of Victoria General Fund and VES Fund budget provide funding in the amount of $ for the replacement of a pumper truck for the Fire Department, repealing all conflicting ordinances, providing for savings, and an effective date. Background information This ordinance would amend the City of Victoria General Fund Fire Department Budget and the VES Fund Budget both in the amount of $ to provide funding for the replacement of a pumper truck for the Fire Department. The City is receiving a Full Prepayment Discount of $16, by paying half of the total purchase price of $283, when the purchase order is issued in September, 2017 with the remaining balance of $283, due upon acceptance of the apparatus at the factory. Both the General Fund and VES Fund are being amended as all vehicles and heavy equipment are purchased through the VES Fund and then the expenses are transferred internally to the respective fund as capital replacement costs. This fire engine replacement is to replace a 2004 Unit that has over 136,000 miles. The current replacement schedule is to operate the fire apparatus for 10 years as a front-line truck and then move the truck to reserve status for at least 4 fours. The units are also monitored for mileage, engine hours, years of service, and annual maintenance costs. This purchase is for a Pierce Enforcer Pumper with a 1,500 G.P.M. pump and a 1,000-gallon water tank. The estimated delivery of the truck is within months of the order date. The Fire Department applied for and was approved placement in the Ambulance Supplemental Payment Program (ASPP) for the final month of federal fiscal year The ASPP allows approved governmental agencies to submit an annual cost report to receive reimbursement for part of the actual costs that are not covered under Medicaid for ambulance transports. In addition, it may also reimburse part of the actual costs for those who have no insurance. The ASPP is administered through the Texas Health and Human Services Commission. In September, 2016, the City was issued the first payment, for the month of September 2015, in the amount of $48, In 2016, the ASPP was approved for 2 more years for federal fiscal year 2016 and The City captured all 12 months of federal fiscal year 2016 (October 1, 2015 through September 30, 2016) and was recently awarded $xxxx. This reimbursement will be used towards the replacement of the pumper truck. The City plans to submit reimbursement request for federal fiscal year 2017 in 2018 and that figure will be determined after the cost analysis is completed. This amendment will transfer $ from the General Fund fund balance ( ) to the General Fund Fire Department Capital Replacement line item ( FIR ) and will transfer $ from the VES Fund balance ( ) to the VES Fund Vehicles Capital line item ( VES ). With the reimbursement from the ASPP program of $ xxxx and the expenditure for the replacement pumper of $, the net effect to General Fund would be $ xxxx.

18 Meeting Date: September 12, 2017 Should the ordinance be approved on 2 nd & 3 rd reading on September 19, 2017, a resolution to execute the purchase contract of the pumper truck with Siddons-Martin Emergency Group, LLC of Denton, Texas utilizing Buy Board # will be considered by Council on September 19, Staff recommends approval of this budget amendment for this purchase. Cost Amount of Expenditure: $xxx,xxx.xx Fund #: 0001 & 5051 Account #: & Documents approved by Legal? Important Dates for Tickler file: Cost Center #: 01FIR & 51VES Finance Approval: AKJ Legal Approval: Contract Expiration Date: Termination Deadline: Contract Renewal Date: Performance Deadlines: Other ( ): Other ( ):

19 Ordinance No D An ordinance amending the City of Victoria General Fund and VES Fund budget provide funding in the amount of $ for the replacement of a pumper truck for the Fire Department, repealing all conflicting ordinances, providing for savings, and an effective date. Whereas this fire engine replacement is to replace a 2004 unit that has over 136,000 miles; and Whereas the current replacement schedule is to operate the fire apparatus for 10 years as a front-line truck and then move the truck to reserve status for at least four years; Now therefore, be it resolved by the City Council of the City of Victoria, Texas: 1. The Fiscal Year City of Victoria budget is amended to transfer $ from the General Fund fund balance ( ) to the General Fund Fire Department Capital Replacement line item ( FIR ) and will transfer $ from the VES Fund balance ( ) to the VES Fund Vehicles Capital line item ( VES ), with the reimbursement from the ASPP program of $ xxxx and the expenditure for the replacement pumper of $, the net effect to General Fund would be $ xxxx. 2. If any provision of this ordinance, or the application thereof to any person or circumstance, shall be held invalid or unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. 3. All ordinances or parts of ordinances in conflict with this ordinance are repealed to the extent of such conflict. 4. In accordance with Article V, Section 5 of the Charter of the City of Victoria, the City Council finds a grave public necessity exists to amend the original budget to authorize the aforementioned expenditures to meet unusual and unforeseen conditions, which could not by reasonable diligence, thought and attention have been included in the original budget. 5. This ordinance shall take effect upon final approval and adoption by the City Council of the City of Victoria. Passed, First Reading, this the 12 th day of September, 2017 Ayes: Nays: Abstentions: Passed, Second and Third Reading, this the day of, 2017 Ayes: Nays: Abstentions: Approved and adopted, this the day of, 2017 Paul Polasek, Mayor of the City of Victoria, Texas Page 1 of 2

20 Attest: Approved as to legal form: April Hilbrich, City Secretary Thomas A. Gwosdz, City Attorney Distribution: Finance Department Copies Sent: Legal Department Environmental Services Page 2 of 2

21 Meeting Date: September 12, 2017 Request for Council Agenda Item Department: City Manager Person presenting to Council: Charmelle Garrett Report: Resolution: X Ordinance: Public Hearing: Topic of Council Item A resolution authorizing the City Manager to execute an agreement with the University of Houston- Victoria to sell two lanes of Ben Wilson Street from Red River to Airline for the purpose of rebuilding the road to allow for a re-design which will address safety of pedestrians and flow of traffic, and declaring an effective date. Background information August 18, 2015 City Council approved a resolution authorizing the City Manager to execute a professional services agreement with Freese and Nichols, Inc. for the administration of a corridor study along Ben Wilson Street from Business 59 to Sam Houston Drive. The purpose of the study was to provide design alternatives to address both the safety of pedestrians and other alternative transportation modes and the flow of traffic along Ben Wilson Street given the planned expansion of the UH-V campus. Minutes and resolution attached from meeting. November 10, 2015 Freese and Nichols presented the findings of their study to the Victoria MPO. The study provided six (6) possible options which could address the expansion of UH-V and the projected traffic and pedestrians flow on Ben Wilson Street. December 1, 2015 Freese and Nichols presented their report on the Ben Wilson corridor study to City Council under Items from Council. Council suggested that the topic be placed on a January agenda for further discussion. Minutes attached from meeting. January 19, 2016 Under Items from Council, an update was provided on the corridor study and discussed that the MPO and UH-V preferred option 3A or 3B. Minutes attached from meeting. April 5, City Council approved a resolution to declare its non-binding intent to transfer a section of Ben Wilson Street right-of-way between Business 59 and Airline Road to UH-V provided certain conditions be set forth in a separate agreement prior to the transfer. Minutes and resolution attached from meeting. February 21, 2017 City Council approved Resolution R which declared its intent to consider UH-V s proposal to purchase a portion of Ben Wilson. Minutes and resolution attached from meeting. Following the February 21, 2017 meeting, UH-V engaged Freese and Nichols to provide additional information to the City Council regarding the traffic operations for Alternative 3A. July 18, 2017 Freese and Nichols presented the follow-up report on further design elements for Alternative 3A. Minutes attached from meeting. UH-V has requested that the City move forward with the negotiation of the sale of the two outside lanes on Ben Wilson Street between Red River and Airline. This resolution will allow the City Manager to proceed with negotiations for the sale of the property which will include the design, responsible parties for each phase of the construction, and maintenance responsibilities. Cost Amount of Expenditure: Fund #: Cost Center #: Account #: Finance Approval:

22 Meeting Date: September 12, 2017 Documents approved by Legal? Important Dates for Tickler file: Legal Approval: Contract Expiration Date: Termination Deadline: Contract Renewal Date: Performance Deadlines: Other ( ): Other ( ):

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24 i_... r... _.. _ Resolution No R A resolution authorizing the City Manager to execute a professional services agreement with Freese and Nichols, Inc. for the administration of a corridor study along Ben Wilson Street, in the amount of $61, , and declaring an effective date. Whereas the City desires a corridor study to be completed along Ben Wilson Street between Business US 59 and Sam Houston Drive that will identify design treatments to improve the overall safety of the corridor, particularly addressing pedestrians and bicyclists, and incorporating the anticipated new development along Ben Wilson Street from the University of Houston- Victaria; Now therefore, be it resolved by the City Council of the City of Victoria, Texas: 1. The City Manager is authorized to execute a professional services agreement with Freese and Nichols, Inc. for the administration of a corridor study along Ben Wilson Street, in the amount of 61, , substantially in the form attached hereto as Attachment " A" and incorporated herein, with changes in form as approved by the City Attorney. 2. This resolution shall become effective immediately upon adoption. Passed, this the 18`" day of August, 2015 Ayes: 7 Nays: 0 Abstentions: 0 Approved and adopted, this the 18`h day of August, 2015 Paul Polasek, Mayor of the City of Victoria, Texas Attest: Approved as to Legal Form: c rle Swobod, i Secretary Thomas A. Gwosdz, ity orne Distribution: Legal Department Copies Sent: August 20, 20!i5 Development Services/ MPO Finance Department L:Utesolutions 2015\ PSA with Freese& File Nichols for Ben Wilson Corridor Study.docx

25 Attachment " A" Professional Services Agreement This Professional Services Agreement (" Agreement") is made between Freese and Nichols, Inc., through its office at 800 N. Shoreline Blvd., Ste 1600N, Corpus Christi, TX 78401, and the City of Victoria (" Owner") a Texas municipal corporation, PO Box 1758, Victoria, TX , who, in consideration of the mutual covenants of this Agreement, hereby agree as follows: 1. Scope of Services. In accordance with the attached Exhibit " A", Professional shall provide all personnel, supervision and materials necessary to evaluate the needs, analyze conditions, and recommend treatments along Ben Wilson Street between Business US 59 and Sam Houston Drive for the Ben Wilson Street Corridor Study(" Project"). 2. Owner's Representative. Director of Development Services, or designee with the Metropolitan Planning Organization( MPO); ( 361) Payment. City agrees to pay Professional the following amounts for Basic Services rendered during Phases " A" and " B", 61, , subject to the completion of the following phases: pursuant to this contract, a total amount not to exceed PHASE AMOUNT A. Tasks A1 A8 ( Authorized) Approximately 5 50, months B. Tasks B1 BS ( Not Authorized until Phase Approximately 3 10, A is satisfactorily completed) months TOTAL 61, Professional shall submit monthly statements based upon Professional' s estimate of the proportion of the total services actually completed at the time of billing. City shall make prompt monthly payments in response to Professional' s monthly statements for services performed according to the agreement. 4. Termination. Owner may terminate this agreement upon 10 days written notice to the other party with the understanding that all services being performed under this agreement shall cease upon the date specified in such notice. In the event of early termination Professional shall invoice Owner for all services completed and shall be compensated in an amount corresponding to the percentage of the compensation corresponding to the percentage of the work satisfactorily completed on the effective date of termination, to the extent such work provides value to owner. In no event will the amount exceed 5. Ownership of Documents. All documents prepared and assembled by Professional pursuant to this agreement shall become property of the Owner and shall be delivered to Owner without restriction of future use. Professional may make copies of any and all documents for its files. These documents are represented to be suitable for use as the basis for bidding documents to be distributed in anticipation of City receiving bids on the Project. 6. Controlling Law. This agreement is performable and is to be governed by the law applicable in Victoria, County, Texas. Venue for any action arising under this Agreement shall be in Victoria, County, Texas. 7. Successors & Assigns. Neither Owner nor Professional shall assign, sublet or Page 1 of 2 40./ / 6/ 2014

26 a..,.._. a.,. w transfer any rights under or interest in ( including, but without limitations, monies that may become due or monies that are due) this Agreement without the written consent of the other. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreemen Nothing contained in this paragraph shall prevent Professional from employing independent consultants, associates and other employees to assist it in the performance of services hereunder. 8. No Third- Party BeneFciaries. Nothing herein shall be construed to give any rights or benefits to anyone other than Owner and Professional. 9. Independent Contractor. In performing services under this agreement, the relationship between Owner and Professional is that of independent contractor, and Owner and Professional by the execution of this agreement do not change the independent contractor status of Professional. No term or provision of this agreement or act of Professional in the performance of this agreement shall be construed as making Professional the agent, servant, or employee of Owner. 10. Indemnity. Professional agrees to indemnify, and hold the Owner whole and harmless against anv and all claims. suits, and actions for damages. costs. and exnenses including reasonable attornev fees to Rersons or ro er that may arise out of. or be occasioned bv or from any negligent act. error or omission of nrofessional or anv officer. agent, servant. emplolee or subcontractor of Professional in the execution or performance of this Contract. In the event of notice of a claim to which this indemni, mi ht apply. so much of the monev due the Professional under this contract as shall be reasonablv considered necessarl y the Citv mav be retained for the use of the Owner. until all suits. actions, and claims shall have been settled and satisfactor,y evidence to that effect furnished the Owner. The Professional ex r essl,lgrees to f n indemni and hold harmless the Citv. its officers. agents, and emplovees in accordance with this clause regardless of whether the injur,y or damage is caused in whole or in part by anv hidden or r n condition of Rrop owned or controlled bv the Owner. This indemnitv shall not apply to anv claim to the extent to which an engineer is prohibited from indemnifying a governmental enti pursuant to Tex. Local Gov't Code Insurance-- During the term of this project and one year following its completion, Professional shall maintain errors and omissions insurance in the amount of at least$ 1, 000, 000 per occurrence and $ 1, 000,000 aggregate, and shall provide the City with a copy of the insurance certificate from an insurer qualified to do business in Texas. Professional will provide the City with at least 30 days notice of cancellation or change in coverage. 12. Entire Agreement. This agreement, together with any referenced attachments, constitutes the entire agreement between the parties, and supersedes all prior written or oral understandings. This agreement and said attachments may only be amended, supplemented, modified or canceled by a duly executed written instrument. In Case Of Conflict, the terms of this Agreement prevail over terms of any attachment hereto. EXECUTED, this the day of August, City of Victoria, Texas Freese and Nichols, Inc. Page 2 of 2 40./ / 6/ 2014

27 G,... Charmelle Garrett, City Manager Ron Guzman, P. E., Vice President Printed Name- Title seal) seal) Attest: Attest: Scarlet Swoboda, City Secretary Form Approved: Printed Name- Title Linda M Champion, Assistant City Attorney Page 3 of 2 40./ / 6/ 2014

28 Exhibit A Scope of Services Ben Wilson Street Corridor Study FNI' s work efforts to evaluate needs, analyze conditions and recommend treatments along the Ben Wilson Street corridor include the following work areas and tasks to be conducted in two phases. Basic Services Phase A Develop a Set of Viable Alternatives for Consideration FNI will meet with the MPO and the two key stakeholders to discuss the issues and needs for the corridor multimodal transportation accommodations and aesthetics. FNI will formulate and evaluate up to three viable alternatives and present such to the MPO and City for review and consideration for advancement into the next phase of the scope of services. Task A1. Proiect Manasement FNI will actively manage the project to abide by the project schedule, as amended, and keep efforts within budget. We will communicate effectively with the MPO staff regarding project progress and issues. We will support stakeholder and general public discussions facilitated by the MPO. The FNI project manager will utilize numerous project control tools for budget, time and quality control: Our accounting system, BST, to track the expenditures on each element of the project on at least a monthly basis in order to keep project efforts in balance with the planned execution of the scope and budget. Microsoft Project will be used to establish a timeline of interrelated work items to identify the critical path for the project, monitor and track our progress on at least a monthly basis, and adjust project tasks durations and resources as needed to stay on schedule, or amend the schedule as needed. Quality Control Plan and checklists to anticipate and monitor the major decisions, action items, and deliverables for the project. A monthly Progress Report submitted concurrently with the monthly invoice. FNI will advise MPO staff regarding the typical issues that are likely to arise and discuss approaches to address them. The FNI project manager will stay in close contact with the MPO project manager regularly throughout the course of the project through weekly phone calls and summaries of activities, as needed. A monthly progress report will be provided to document the completion of project tasks. Task A2. Initial Proiect Meetin s with Stakeholders The MPO staff plans to facilitate the public participation process related to this project. Key stakeholders in the corridor, the University of Houston- Victoria and Citizens Medical Center, would warrant focused individual or small group discussions. A member of the FNI team will participate in support of the MPO at the initial project discussion meetings with UH- V and the medical center, to be arranged to occur on the same day, and provide any needed corridor information or graphics for the meetings. Additional meetings could be attended, as an additional service, on an as needed basis. Task A3._Compile and Field Verifv Street Geometrv, ROW, and Development Information The FNI team will gather pertinent information on the elements of the streets under study. FNI will field verify information provided by the MPO or gather needed data that may not be available. Such information would include: Existing GIS mapping shape files and pertinent databases for the corridor, including GIS layers of parcel boundaries and ownership from tax assessor' s office( provided by MPO); Street pavement width, lane width allocations, parking provisions, driveways, speed limits;

29 Sidewalk area elements and dimensions (curb zone, furniture zone, pedestrian zone, frontage zone); Intersection geometries, corner treatments, traffic control; Right- of-way widths and easements; Utilities, above and below ground; The name and type of business at each parcel Estimates of facility size, from the tax assessor' s database The size and trip generating characteristics of the proposed UH- V and other planned development( from UH- V and MPO, as available) Task A4. Collect and Comqile Traffic Data The FNI team would count traffic on the study corridor while schools are in session, including: 24- hour bi- directional tube counts at 6 strategic locations to understand variations in traffic throughout the day: o o o Three locations on Ben Wilson Street Two locations on E. Red River Street One location on E. Airline Road Peak hour intersection counts of turning movements and pedestrian crossings at 6 key intersections to assess the traffic and pedestrian activity during the two AM and two PM peak hours, which will form the basis for a traffic model of the street operations. Task A5. Identifv Goals and Obiectives and Evaluate Needed Improvements Based upon the input received from the meetings with the MPO, UH- V and medical center, prepare goal statement( s) for the corridor and objectives to accomplish the goal( s), such that performance oriented project controls can be established. Multimodal performance measures may include traffic level of service, accommodation of transit operations, and the mobility and relative safety for bicyclists and pedestrians along and crossing the corridor with the recommended improvements. Using the project objectives as guidelines, evaluate the existing and proposed conditions to assess the needs for improvements or enhancements to effect the desired outcomes. Prepare a Synchro model of the street traffic operations to assist in the evaluation. Task A6. Develop and Evaluate Alternative Treatment Concepts As appropriate, develop sets of optional treatments for one or more locations along the corridor that could accomplish the targeted objectives for the corridor. Evaluate the options for their expected level of performance towards meeting the goals of the corridor. Prepare conceptual diagrams, measures of performance and planning level cost estimates for up to three alternatives. Task A7. Documentation of the Viable Alternative Treatments FNI will prepare a draft report of the development and evaluation of the alternatives, and review the documentation with MPO staff. FNI will finalize the documentation of the alternatives and prepare presentation materials to assist MPO staffto present the corridor conceptual alternatives. Task A8. Presentation of the Viable Alternative Treatments FNI will assist MPO staff to present the corridor conceptual alternatives to the MPO Policy Advisory Committee and to City Council. FNI will be present at the two meetings to present the finding of the analyses, the alternative street configurations, and the comparative benefits and costs. FNI will assist the MPO to respond to questions regarding the alternatives at the meetings. Additional meetings could be attended and additional refinement of the three alternatives could be prepared as additional services on an as needed basis.

30 The MPO will be responsible for subsequent discussions of the alternatives to attain concurrence on one preferred alternative. The MPO will compile the feedback received from stakeholders and other reviewers for subsequent refinement of the preferred alternative. Phase B Refinement of the Preferred Alternative If a preferred alternative is selected as a result of the efforts of Phase A, the MPO may authorize Phase B to refine the set of treatments for implementation, illustrate the concept for public and stakeholder review, and refine the estimated planning level cost of the preferred alternative. Task B1. Refine the Conceptual Desi n of the Preferred Alternative Refine the design concept for the preferred alternative based on the feedback received from review of the alternatives. Task B2. Prepare Conceptual Desisn Illustration for the Refined Treatment Based on the refined design concept, prepare a final illustrative diagram of the conceptual design for the recommended treatment. Task B3. Prepare Plannins Level Cost Estimate for the Recommended Treatment Based on the refined design concept, prepare one ( 1) refined planning level cost estimate for the recommended treatment. Task 64. Prepare Draft Final Report for Review Comments from the MPO, City and stakeholders after review of the draft report of the alternatives analysis will be incorporated into a Draft Final Report for the entire project for review by the MPO. The MPO may circulate this draft final report for a final round of comments by the city and stakeholders, as deemed appropriate. Task 65. Prepare Final Report Comments from the MPO, City and stakeholders after review of the draft final report will be incorporated into a Final Report for final review by the MPO. Any final review comments from the MPO will be addressed as needed and resubmitted as the Final Report document for the study. Additional Services The following additional services are not part of the Basic Services for the project, but may be called upon as needed to be performed throughout the progress of the project. 1. Preparation for and/ or attendance at meetings in excess of the number of ineetings included in the Basic Services. 2. Providing renderings, model, and mock- ups requested by the MPO. 3. Prepare an Implementation Strategy for the Recommended Treatments. Prepare an implementation plan for the next steps needed to transition from the existing street configuration into the recommended treatments for the corridor. Identify the needed sequence of actions, responsible entity for each action, and potential funding strategies for constructed elements. 4. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications.

31 5. Field surveying required for the preparation of designs and drawings. 6. Preparation of designs and drawings. Summary of Fees FNI proposes to furnish our services as described herein for a lump sum fee as shown in the table below: Basic and Additional Services Fees Phase A Tasks A1 A8 ( Authorized) 50, Phase B Tasks ( Not Authorized) 10, Additional Services* ( Not Authorized- Scope as directed) 3, Maximum Contract Value 65, If the MPO or FNI sees the Basic Services changing so that Additional Services are needed, FNI will provide a separate scope and fee to the MPO for approval prior to proceeding Schedule FNI is authorized to commence work on the project upon notice to proceed and agrees to complete the draft report offindings of Phase A( Tasks A1 A7) within 5 months. FNI will proceed with Phase B upon receipt of notice to proceed and provide the draft final report within 3 months. If FNI' s services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule consistent with the number of days of delay.

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36 Resolution No R A resolution declaring the intent to transfer a section of the Ben Wilson Street rightof-way between Business 59 and Airline Road to the University of Houston- Victoria, and declaring an effective date. Whereas the University of Houston-Victoria (" UHV") is in the planning stages of an expansion project which will require additional space along Ben Wilson Street adjacent to their campus; Whereas UHV has requested that the City convey the section of Ben Wilson Street between Business 59 and E. Airline Road ( the Ben Wilson Corridor") to UHV to allow UHV to make improvements for vehicular and pedestrian transportation within the Ben Wilson Corridor; Whereas the City desires to allow UHV to make the improvements to the Ben Wilson Corridor, provided that certain conditions are set forth in an agreement executed before the transfer, including among other things that the Ben Wilson Corridor remain open to the public for vehicular traffic and that UHV provide the funding for the improvements; and Whereas UHV has requested assurances from the City that the City is willing to convey the Ben Wilson Corridor for the purpose of the improvements; Now therefore, be it resolved by the City Council of the City of Victoria, Texas: 1. The City Council declares its nonbinding intent to transfer a section of the Ben Wilson Street right- of-way between Business 59 and E. Airline Road to the University of Houston- Victoria, provided that certain conditions be set forth in a separate agreement prior to the transfer. 2. This resolution shall become effective immediately upon adoption. Passed, this the 5111dayof April, 2016 Ayes: 5 Nays: 1 Abstentions: 0 Approved and adopted, this the 5th ilier day of April, 2016 Attest: i.../" S, ; ':; ql, ilitc 4... k*---.- WAI i '' '-,... h1 ; 4..,, i's; 941 bi i. I ik _ : / 4, Paul Polasek, Mayor of the City of Victoria, Texas Approved as to legal form: JP TE11.1t " l 4 1. ' 4 ',.% ,-, / 4111W1 c, rl Swobo I a, 1, Secretary Thomas A. Gwosdz, f 1 orney Distribution: Development Services Copies Sent: APRIL, 2016 Finance Department LAResolutions\2016\ \ Approve Gift Of Ben Wilson Right Of Way To UHV. Docx

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39 Resolution No R A resolution declaring an intent to consider the University of Houston- Victoria' s proposal to purchase a portion of the Ben Wilson corridor upon subsequent development of a formal agreement, and declaring an effective date. Whereas the University of Houston-Victoria(" UI-1V") is in the planning stages of an expansion project which will require additional space along Ben Wilson Street adjacent to their campus; Whereas Section ( j) of the Texas Local Government Code permits the City to convey an interest in real property to an institution of higher education to promote a public purpose related to higher education; and Whereas the City, through Resolution R, has previously declared its nonbinding intent to transfer a section of the Ben Wilson Street right-of-way between Business 59 and E. Airline Road to the University of Houston- Victoria, provided that certain conditions be set forth in a separate agreement prior to the transfer; Now therefore, be it resolved by the City Council of the City of Victoria, Texas: 1. The City Council intends to consider the University of Houston- Victoria' s proposal to purchase a portion of the Ben Wilson Street right-of-way at such a time that an agreement establishing further details of the transaction and ensuring that the transaction effectuates the promotion of a public purpose related to higher education is presented to Council. 2. This resolution shall become effective immediately upon adoption. Passed, this 21" day of February, 2017 Ayes: 6 Nays: 0 Abstentions: 0 Approved and adopted, this 21s` day of February, 2017 Crt" r 4 01-Vi%. aaj 4`;, f t) 01- J Paul Polasek, Mayor of the City of Victoria, Texas Attest: 7=_-,... V Itfi, Approved as to legal form: An iii'. 0!... mal lif W.& liking' Swobo! a' 1 Secretary Thomas A. Gwosdz, City Att ey Distribution: Legal Department Copies sent: February Finance Department

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