On the agenda: Dickinson meeting — license plate recognition (Jul 14)

Agenda
City Council Regular Meeting
Council Chambers
4403 State Highway 3
Dickinson, TX 77539
Tuesday, July 14, 2026 at 7:00 PM
1.

CALL TO ORDER AND CERTIFICATION OF A QUORUM

2.

INVOCATION AND PLEDGE OF ALLEGIANCE

3.

ANNOUNCEMENTS AND PRESENTATIONS
Announcements concerning items of community interest. No action will be taken or discussed.
Councilmember comments regarding items of community interest in accordance with Texas
Government Code section 551.0415.
3.A

Council Comments

3.B

City Manager Update

4.

PUBLIC COMMENTS
Members of the public are invited to give comments at this time, lasting not longer than 3
minutes. Comments may be general in nature or may address a specific agenda item, and
should be directed at the entire Council, not individual members of Council or staff. Any
speaker making personal attacks or using vulgar or profane language shall forfeit his/her
remaining time and shall be seated. In compliance with the Texas Open Meetings Act, The City
Council may not deliberate.

5.

CONSENT AGENDA
The following items are considered routine by the City Council and will be enacted by one
motion. There will not be a separate discussion on these items unless a Council member
requests, in which event the item will be removed from the consent agenda and discussed after
the consent agenda.
5.A

6.

Consideration and possible action to approve the Minutes from City Council's Regular
Meeting held on June 23rd, 2026.

OLD BUSINESS
6.A

RESOLUTION NUMBER XXX-2026 - Consideration and possible action to award a
contract to Municap, Inc., for management and administration services for public
improvement districts within the City of Dickinson and authorize execution of a
contract for same. (Administration)

6.B

RESOLUTION NUMBER XXX-2026 - Consideration and possible action to adopt a

Resolution approving an infrastructure improvement project by the Dickinson
Economic Development Corporation to promote or develop a new or expanded
business enterprise in the City of Dickinson. (DEDC)
6.C
7.

8.

9.

Consideration and possible action on the appointment of one regular member and two
alternate members to the Board of Adjustment. (Administration)

NEW BUSINESS
7.A

ORDINANCE NUMBER XXX-2026 - Consideration and possible action regarding
adoption of an ordinance to regulate battery energy storage systems within the City.
(Townsend)

7.B

RESOLUTION NUMBER XXX-2026 - Consideration and possible action to approve
a Resolution of the City Council of the City of Dickinson, Texas, authorizing the City
Manager or Designee to enter into a multiple use agreement with the Texas
Department of Transportation allowing the installation and operation of automated
license plate recognition cameras in Texas Department of Transportation Rights-OfWay. (Police Department)

EXECUTIVE (CLOSED) SESSION(S)
8.A

Texas Government Code Section 551.071 - Consultation with Attorney
Consultation with Attorney on a matter in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas clearly conflicts with the Open Meetings Act.

8.B

Texas Government Code Section 551.087 - Deliberation Regarding Economic
Development Negotiations.
(1) Deliberations regarding commercial or financial info1mation that the governmental
body has received from a business prospect that the governmental body seeks to have
locate, stay, or expand in or near the territory of the governmental body and with which
the governmental body is conducting economic development negotiations; or
(2) to deliberate the offer of a financial or other incentive to a business prospect
described by Subdivision (l)

8.C

Texas Government Code Section 551.072 - Real Property
Deliberations regarding the purchase, exchange, lease, or value of real property.

ACTION ITEMS FROM EXECUTIVE (CLOSED) SESSION(S)
9.A

Texas Government Code Section 551.071 – Consultation with Attorney
Consideration and possible action regarding a matter in which the duty of the attorney
to the governmental body under the Texas Disciplinary Rules of Professional Conduct
of the State Bar of Texas clearly conflicts with the Open Meetings Act.

9.B

Texas Government Code Section 551.087 - Deliberation Regarding Economic
Development Negotiations.
(1) Consideration and possible action regarding commercial or financial information
that the governmental body has received from a business prospect that the
governmental body seeks to have locate, stay, or expand in or near the territory of the

governmental body and with which the governmental body is conducting economic
development negotiations; or
(2) Consideration and possible action regarding the offer of a financial or other
incentive to a business prospect described by Subdivision (1).
9.C

Texas Government Code Section 551.072 - Real Property
Consideration and possible action regarding the purchase, exchange, lease, or value of
real property.

10.

FUTURE AGENDA ITEMS

11.

ADJOURNMENT

CERTIFICATE OF NOTICE
This is to certify that the above Notice of Meeting was posted on the bulletin board of City Hall
of the City of Dickinson, Texas, on or before the 8th day of July, 2026 at 8:00 P.M. as well as
the City's public internet webpage, www.dickinsontexas.gov and was posted in accordance
with the Texas Open Meetings Act, Chapter 551, Government Code.

The City Council of the City of Dickinson, Texas reserves the right to meet in closed
session on any of the items listed above should the need arise and if applicable pursuant
to authorization by Title 5, Chapter 551 of the Texas Government Code: 551.071
Consultations with Attorney, 551.072 Deliberations about Real Property, 551.073
Deliberations about Gifts and Donations, 551.074 Personnel Matters, 551.076
Deliberations about Security Devices, and 551.087 Deliberations Regarding Economic
Development Negotiations.

_______________________________________
Claude Oliver, City Secretary

NOTE: In compliance with the Americans with Disabilities Act, this facility is wheelchair accessible
and accessible parking spaces are available. Requests for special accommodations or interpretive
services must be made at least 48 hours prior to this meeting. Please contact the City Secretary's Office
at 281-337-6217 or by email at [email protected].

Dickinson City Council
Agenda Item Data Sheet
3.A

MEETING DATE:

July 14, 2026

TOPIC:

Council Comments

BACKGROUND:

Announcements on current events and items of importance by Council
members.

RECOMMENDATION:
ATTACHMENTS:
FUNDING ISSUES:
FINANCE VERIFICATION OF FUNDING:
SUBMITTING STAFF MEMBERS:

CITY MANAGER APPROVAL:

Claude Oliver

APPROVAL

NO

ACTIONS TAKEN
READINGS PASSED

OTHER

Dickinson City Council
Agenda Item Data Sheet
3.B

MEETING DATE:

July 14, 2026

TOPIC:

City Manager Update

BACKGROUND:

Update on items of importance by City Manager Chaise Cary.

RECOMMENDATION:
ATTACHMENTS:
FUNDING ISSUES:
FINANCE VERIFICATION OF FUNDING:
SUBMITTING STAFF MEMBERS:

CITY MANAGER APPROVAL:

Claude Oliver

APPROVAL

NO

ACTIONS TAKEN
READINGS PASSED

OTHER

Dickinson City Council
Agenda Item Data Sheet
5.A

MEETING DATE:

July 14, 2026

TOPIC:

Consideration and possible action to approve the Minutes from City
Council's Regular Meeting held on June 23rd, 2026.

BACKGROUND:

Minutes from previous meeting.

RECOMMENDATION:
ATTACHMENTS:

• city-council_minutes_6.23.26.pdf

FUNDING ISSUES:

Not applicable - no dollars are being spent or received.

FINANCE VERIFICATION OF FUNDING:
SUBMITTING STAFF MEMBERS:

CITY MANAGER APPROVAL:

Claude Oliver

APPROVAL

NO

ACTIONS TAKEN
READINGS PASSED

OTHER

MINUTES
City of Dickinson
CITY COUNCIL
CITY COUNCIL REGULAR MEETING
June 23, 2026
The Dickinson City Council met in a duly called and announced on Tuesday, June 23, 2026 , at 7:00
PM. Council Chambers 4403 State Highway 3 Dickinson, TX 77539 The meeting was held for the
purpose of considering the following items:
ITEM 1.)

CALL TO ORDER AND CERTIFICATION OF A QUORUM
Councilmembers present were as follows: Travis Magliolo, Mark Townsend, Marston S
Holt, Scott E Shrader, Kevin D Edmonds, Dawn A King, Joe Wilburn.

ITEM 2.)

INVOCATION AND PLEDGE OF ALLEGIANCE
Councilmember Shrader gave the invocation, and Mayor Magliolo led the pledge of
allegiance.

ITEM 3.)

ANNOUNCEMENTS AND PRESENTATIONS Announcements concerning items of
community interest. No action will be taken or discussed. Councilmember comments
regarding items of community interest in accordance with Texas Government Code
section 551.0415.
3.A

Council Comments
Council member King invited residents to attend Fourth of July festivities,
including the parade and Market on the Bayou. She encouraged community
participation in decorating homes and businesses.
Council members extended welcome remarks and holiday greetings.
Council member Townsend expressed safety concerns regarding improper use of
fireworks; residents were urged to supervise children.
Recognition was given to Micah Barnett for hosting a free youth football camp.
Appreciation was expressed to staff for storm response efforts, particularly related
to recent rainfall and drainage management.

3.B

City Manager Update
City Manager Chaise Cary - Ohio Street property matter identified as a Dickinson
Management District (DMD) issue.
Depot HVAC system repairs have been completed.
Upcoming Fourth of July parade to begin at 9:00 a.m.
Agenda posting law update: agendas must now be posted three business days in
advance.
Budget workshops scheduled for July 14 and July 28.
Assistant City Manager Matt Maggiolino - Hughes Road drainage project is
approximately 92% complete.
Drainage improvements are performing effectively under recent rainfall
conditions.

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Temporary detours are in place; additional detour adjustments will begin July 6.
Full roadway mill and overlay project expected, with completion targeted before
the start of school.
ITEM 4.)

PUBLIC COMMENTS Members of the public are invited to give comments at this
time, lasting not longer than 3 minutes. Comments may be general in nature or may
address a specific agenda item, and should be directed at the entire Council, not
individual members of Council or staff. Any speaker making personal attacks or using
vulgar or profane language shall forfeit his/her remaining time and shall be seated. In
compliance with the Texas Open Meetings Act, The City Council may not deliberate.
Jesse Lee Rawlins Jr.
Topic: Fence construction / code enforcement
Summary:
Requested permission to complete a fence on his property at 3212 Baker Drive.
Stated ongoing issues with people parking on his property, especially during football
games.
Expressed concern about being cited and fined after construction was stopped.
Disputed citation claims, including allegations of trash on his property.
Emphasized his intent is solely to protect his property.
City staff (City Manager) committed to follow up directly.
Allen Jones
Topic: Drainage problems / ditch modifications
Summary:
Resident of 4501 Lineer Lane, homeowner for 33 years.
Raised concerns about long-standing drainage and flooding issues.
Criticized recent city work that filled drainage ditches and covered culverts, stating it
worsened flooding.
Reported standing water no longer drains and must evaporate.
Noted mosquito problems and loss of property usability.
Requested corrective action and follow-up on drainage improvements.
Susan Wilcox (Pilot Club of Dickinson)
Topic: Fourth of July Parade
Summary:
Representing the Pilot Club of Dickinson.
Announced the ~50th annual Fourth of July parade.
Invited public participation (bikes, carts, walkers, etc.).
Provided event logistics:
Start: Episcopal Church on Hwy 3
End: VFW Hall
Mentioned family-friendly activities (cake, balloon artists).
Encouraged community attendance.
Garland Copeland
Topic: Missing Dickinson Management District (DMD) minutes
Summary:
Noted that DMD meeting minutes have not been posted online since mid-2025.
Asked for clarification on why postings stopped.

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Expressed concern about transparency and public access.
David Hogan
Topic: Noise complaints (Starbucks commercial activity)
Summary:
Resident of 406 Serenity Drive.
Complained about late-night pressure washing (10:30 p.m. – 2:00 a.m.).
Reported noise levels exceeding ordinance limits (75 dB vs. allowed 58 dB).
Stated repeated disturbances affecting sleep and health.
Noted lack of accountability between Starbucks and third-party vendors.
Requested city enforcement action, potentially including permit suspension.
Sarah Nava
Topic: Fourth of July Market on the Bayou event
Summary:
Promoted upcoming community event:
20–25 vendors
Watermelon eating contest and crawl
Awards/medals for winners
Encouraged public participation and attendance.
Event scheduled to run until approximately 1:00 p.m.

ITEM 5.)

CONSENT AGENDA The following items are considered routine by the City Council
and will be enacted by one motion. There will not be a separate discussion on these items
unless a Council member requests, in which event the item will be removed from the
consent agenda and discussed after the consent agenda.
Marston S Holt motioned to Approve , and Dawn A King seconded the motion.
VOTE:
7 AYES (Travis Magliolo, Mark Townsend, Marston S Holt, Scott E Shrader, Kevin
D Edmonds, Dawn A King, Joe Wilburn)
0 NAYS
MOTION PASSED

ITEM 6.)

5.A

Consideration and possible action to approve the Minutes from City Council's
Special Meeting held on June 9th, 2026.

5.B

Consideration and possible action to approve the Minutes from City Council's
Regular Meeting held on June 9th, 2026.

OLD BUSINESS
6.A

ORDINANCE NUMBER XXX-2026 - Consideration and possible action to
approve an ordinance of the City of Dickinson to amend certain sections in Ch. 12
of the City’s Code of Ordinances related to the use of electronic smoking devices
and smoking in city buildings and vehicles. (Administration)(2nd Reading)

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Mark Townsend motioned to Approve , and Scott E Shrader seconded the motion.
VOTE:
7 AYES (Travis Magliolo, Mark Townsend, Marston S Holt, Scott E Shrader,
Kevin D Edmonds, Dawn A King, Joe Wilburn)
0 NAYS
MOTION PASSED
6.B

RESOLUTION NUMBER XXX-2026 - Consideration and possible action to
award a contract to Municap, Inc., for management and administration services
for public improvement districts within the City of Dickinson and authorize
execution of a contract for same. (Administration)
Key Issues Raised
1. Contract Concerns
City Manager Chase Carey suggested the item be postponed due to:
Incorrect contract date
Late receipt of the contract, limiting staff review time
Suggested allowing discussion with the vendor but bringing the corrected contract
back later.
2. Vendor Presentation
Jennifer Sloan (MuniCap) addressed Council questions.
Key points:
Estimated cost: ~$292,000 over 5 years
Services include:
Annual Service and Assessment Plans (SAPs)
PID administration
Consulting for amendments
Firm works with multiple cities (ranging from 1 to ~30 PIDs).
3. Internal Capability Discussion
Council questioned whether City staff could perform the work internally.
Finance Director confirmed:
City has been tracking assessments, but:
The required annual Service and Assessment Plans have not been completed
historically
Staff lacks qualifications to properly perform SAP preparation
It was acknowledged the City should have been performing these annual
approvals.
4. Cost Clarification
Initial concern: whether the contract would cost taxpayers.
Clarified:
Costs are paid from PID assessments, not general taxpayer funds.
Funds are held in a fiduciary account and tied to development financing.

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This clarification reduced concern among council members.
5. Document Issues
Council noted:
Missing/unclear exhibit pages
Confusing page numbering
Incomplete attachments from the RFP
Attorney clarified:
No pages were actually missing
Issues were due to pagination inconsistencies and formatting
Vendor agreed to clean up formatting and numbering.
6. Timing Considerations
Discussion highlighted urgency due to:
Need to finalize annual assessment amounts
Deadline to submit information to the county tax office
Staff indicated a revised contract could be ready by July 14, though timeline is
tight.

Joe Wilburn motioned to Approve approve for discusssion, and Kevin D
Edmonds seconded the motion.
VOTE:
AYES
0 NAYS
MOTION
Kevin D Edmonds motioned to Postpone , and Dawn A King seconded the
motion.
VOTE:
7 AYES (Travis Magliolo, Mark Townsend, Marston S Holt, Scott E Shrader,
Kevin D Edmonds, Dawn A King, Joe Wilburn)
0 NAYS
MOTION PASSED
6.C

RESOLUTION NUMBER XXX-2026 - Consideration and possible action to
adopt a Resolution approving an infrastructure improvement project by the
Dickinson Economic Development Corporation to promote or develop a new or
expanded business enterprise in the City of Dickinson. (DEDC)
Key Discussion Points
1. Lack of Staff Presentation
The primary staff member responsible for the item (Mr. Funk) was not present at
the meeting.

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Council indicated that additional information had been requested previously and
was not available for review or presentation.
2. Need for Additional Information
Council members noted that:
The item had been under consideration for several weeks.
They expected new details or supporting information that had not yet been
presented.
Staff confirmed that:
Additional information had been gathered since prior discussions.
That information needed to be formally presented to Council.
3. Council Concerns
Some members expressed hesitation about moving forward without:
A complete briefing
Updated analysis or documentation
Council member Edmonds indicated readiness to vote, but others emphasized
that:
The lack of presentation and staff input made it more appropriate to postpone.
Travis Magliolo motioned to Postpone , and Marston S Holt seconded the motion.
VOTE:
4 AYES (Travis Magliolo, Mark Townsend, Marston S Holt, Scott E Shrader)
3 NAYS (Kevin D Edmonds, Dawn A King, Joe Wilburn)
MOTION PASSED
6.D

Consideration and possible action on the appointment of one regular member and
two alternate members to the Board of Adjustment. (Administration)
Key Discussion Points
1. Previous Appointment Issue
Council was informed that a previously appointed individual (David Blackshear)
had:
Been selected for the BOA based on an older application
Declined the appointment after the fact
2. Lack of Applicants
Staff confirmed:
No new applications had been received for the Board of Adjustment positions
Council members expressed concern that:
There was insufficient information or candidate pool to make informed
appointments
No candidate materials were included in the agenda packet
Reason for declining:
Accepting the position would have required him to resign from the Dickinson

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Management District (DMD), which he chose not to do
Result:
The regular BOA seat remained vacant and needed to be filled
3. Council Concerns
Members noted:
Difficulty appointing individuals without applications or qualifications on file
The need for active participation and reliability on boards
4. Public Input (Related)
A resident (Garland Copeland) addressed Council and stated:
The BOA recently could not meet due to lack of quorum
This has delayed matters affecting residents (e.g., zoning cases)
Urged Council to fill vacancies promptly and ensure appointees are committed
5. Motion Adjustment
Initial motion was to postpone to the next meeting, but discussion led to a
refinement:
Postpone until qualified applicants are available, rather than a fixed date

Mark Townsend motioned to Postpone pending applicants , and Dawn A
King seconded the motion.
VOTE:
7 AYES (Travis Magliolo, Mark Townsend, Marston S Holt, Scott E Shrader,
Kevin D Edmonds, Dawn A King, Joe Wilburn)
0 NAYS
MOTION PASSED
ITEM 7.)

NEW BUSINESS
7.A

RESOLUTION NUMBER XXX-2026 - Consideration and possible action to
approve a resolution expressing support for the FM 517 roadway improvement
project and requesting that the Texas Department of Transportation expedite the
project timeline.
Council considered a resolution to:
Express support for the FM 517 roadway improvement project, and
Request that the Texas Department of Transportation (TxDOT) expedite the
project timeline.
Mark Townsend motioned to Approve , and Kevin D Edmonds seconded the
motion.
VOTE:
7 AYES (Scott E Shrader, Travis Magliolo, Mark Townsend, Marston S Holt,
Kevin D Edmonds, Dawn A King, Joe Wilburn)
0 NAYS

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MOTION PASSED
7.B

Discussion of a proposed rdinance to regulate battery energy storage systems.
(Townsend)
City Council held a discussion on whether to adopt regulations governing Battery
Energy Storage Systems (BESS) within the city. No vote was taken; the purpose
was to provide direction to staff on drafting an ordinance.
Key Discussion Points
1. Purpose of the Discussion
The City Attorney requested guidance from Council on how to structure a
potential ordinance.
Several regulatory approaches used by other Texas cities were presented:
League City: Allows BESS only with a Special Use Permit (SUP) and specific
conditions
Kerrville: Imposes extensive restrictions and siting requirements
San Marcos: Adopted an outright ban (with legal concerns noted)
2. Safety Concerns
Council emphasized multiple safety risks associated with BESS facilities:
Fire hazards:
Lithium-ion batteries can ignite and are difficult to extinguish
Fires may burn for extended periods or reignite even after suppression
Emergency response challenges:
Firefighting strategies may be limited (sometimes allowing systems to burn out is
more effective than suppression)
Significant resource and response implications for local fire departments
Hazardous materials:
Potential release of gases and toxic byproducts during a fire event
3. Existing and Proposed Facilities
Council acknowledged:
At least one existing BESS facility within the city
Other proposed facilities in surrounding county areas
Concern expressed that:
Facilities located outside city limits may still impact city emergency services
The city has limited authority over installations outside its jurisdiction
4. Regulatory Limitations and Opportunities
The City can regulate:
Location, zoning, and setbacks within city limits

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The City cannot control:
Facilities built in county jurisdiction, though setback rules could mitigate impact
near city boundaries
Discussion included adding:
Distance requirements from homes, schools, and churches
Requirements for adequate water supply for fire protection
Site-specific review through Special Use Permits (SUPs)
5. Revenue vs. Risk Consideration
Council discussed:
Limited taxable value of facilities compared to potential risks
Whether BESS installations provide sufficient community benefit
Some members expressed concern that:
Low tax value does not justify public safety risks and land use impacts
6. Direction to Staff
Council requested:
Staff to prepare a draft ordinance based on League City’s model
Include possible modifications tailored to Dickinson’s needs (e.g., water supply
requirements, fire protection considerations)
7.C

Consideration and possible action to elect a Mayor Pro Tem. (Administration)

Dawn A King motioned to elect Council member Mark Townsend as Mayor
Pro Tem. , and Marston S Holt seconded the motion.
VOTE:
7 AYES (Travis Magliolo, Mark Townsend, Marston S Holt, Scott E Shrader,
Kevin D Edmonds, Dawn A King, Joe Wilburn)
0 NAYS
MOTION PASSED
7.D

Consideration and possible action to appoint a representative for the Dickinson
Bayou Watershed Steering Committee. (King)
Council considered appointing a City representative to the Dickinson Bayou
Watershed Steering Committee, which focuses on drainage, flooding, and bayourelated issues.
Key Discussion Points
1. Public Input / Applicant Interest
John Dugan (1009 Royal Oak Drive) spoke during public input and expressed
strong interest in serving:
Cited personal experience with flooding (damage during Hurricane Harvey)
Stated he has remained engaged with bayou and drainage concerns over time

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Mentioned difficulty accessing meeting information but continued interest in
participation
Emphasized commitment to attending meetings and contributing
2. Council Considerations
Council discussed the importance of:
Appointing individuals who are engaged and reliable
Having representatives who understand flooding impacts firsthand
It was noted that:
Current representation included individuals living on or near the bayou
This perspective is valuable for understanding day-to-day conditions and impacts
3. Support for Applicant
Council members expressed support for Mr. Dugan:
Recognized his motivation and experience
Emphasized the need for active participation
Discussion confirmed he would replace the current representative (Bill Schick).
Marston S Holt motioned to appoint John Dugan for Dickinson Bayou
Watershed Steering Committee , and Joe Wilburn seconded the motion.
VOTE:
7 AYES (Travis Magliolo, Mark Townsend, Marston S Holt, Scott E Shrader,
Kevin D Edmonds, Dawn A King, Joe Wilburn)
0 NAYS
MOTION PASSED
ITEM 8.)

ITEM 9.)

EXECUTIVE (CLOSED) SESSION(S)
Council entered Executive Session at 8:15PM
8.A

Texas Government Code Section 551.071 - Consultation with Attorney
Consultation with Attorney on a matter in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of Professional Conduct
of the State Bar of Texas clearly conflicts with the Open Meetings Act.

8.B

Texas Government Code Section 551.087 - Deliberation Regarding Economic
Development Negotiations.
(1) Deliberations regarding commercial or financial info1mation that the
governmental body has received from a business prospect that the governmental
body seeks to have locate, stay, or expand in or near the territory of the
governmental body and with which the governmental body is conducting
economic development negotiations; or (2) to deliberate the offer of a financial or
other incentive to a business prospect described by Subdivision (l)

ACTION ITEMS FROM EXECUTIVE (CLOSED) SESSION(S)
Council reconvened open session at 9:00PM
No action on Executive Session items.

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ITEM 10.)

9.A

Texas Government Code Section 551.071 – Consultation with Attorney
Consideration and possible action regarding a matter in which the duty of the
attorney
to the governmental body under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflicts with the Open Meetings Act.

9.B

Texas Government Code Section 551.087 - Deliberation Regarding Economic
Development Negotiations.
(I) Consideration and possible action regarding commercial or financial
information
that the governmental body has received from a business prospect that the
governmental body seeks to have locate, stay, or expand in or near the territory of
the governmental body and with which the governmental body is conducting
economic development negotiations; or
(2) Consideration and possible action regarding the offer of a financial or other
incentive to a business prospect described by Subdivision (I).

FUTURE AGENDA ITEMS
Requested Future Agenda Items
1. Civic Pool
Mayor Magliolo requested discussion and possible action regarding the civic pool.
2. Foreclosure on Liens
Staff was directed to bring back an item related to foreclosure on liens.
This will include discussion and potential policy or action moving forward.
3. Debtor Ordinance
The City Attorney confirmed that:
Research has been conducted
Sample ordinances have been reviewed
A proposed debtor ordinance will be presented at a future meeting.
4. Planning and Zoning Coordination
Council discussed the need for further work with the Planning and Zoning Commission.
Concerns noted:
Previous joint meeting did not allow sufficient time to address all topics
Recommendation:
Schedule a separate, dedicated meeting or workshop to fully address zoning matters

ITEM 11.)

ADJOURNMENT

CERTIFICATE OF NOTICE
This is to certify that the above Notice of Meeting was posted on the bulletin board of
City Hall of the City of Dickinson, Texas, on or before the 16th day of June, 2026 at 5:00
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P.M. as well as the City's public internet webpage, www.dickinsontexas.gov and was
posted in accordance with the Texas Open Meetings Act, Chapter 551, Government
Code.

The City Council of the City of Dickinson, Texas reserves the right to meet in closed
session on any of the items listed above should the need arise and if applicable
pursuant to authorization by Title 5, Chapter 551 of the Texas Government Code:
551.071 Consultations with Attorney, 551.072 Deliberations about Real Property,
551.073 Deliberations about Gifts and Donations, 551.074 Personnel Matters,
551.076 Deliberations about Security Devices, and 551.087 Deliberations Regarding
Economic Development Negotiations.

PASSED APPROVED, AND ADOPTED this ___________________________.

___________________________
Travis Magliolo, Mayor
ATTEST:
___________________________
Claude Oliver, City Secretary

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Dickinson City Council
Agenda Item Data Sheet
6.A

MEETING DATE:

July 14, 2026

TOPIC:

RESOLUTION NUMBER XXX-2026 - Consideration and possible action
to award a contract to Municap, Inc., for management and administration
services for public improvement districts within the City of Dickinson and
authorize execution of a contract for same. (Administration)

BACKGROUND:

The purpose of this agenda item is to authorize and approve engagement
with Municap to support the ongoing administration and management of the
Public Improvement Districts (PID). Municap will serve as a key resource
for coordinating district operations, compliance requirements, coordinate
required services, review district-related matters, and address operational
issues as they arise.

RECOMMENDATION:
ATTACHMENTS:

• Resolution_Awarding_Contract_to_Municap.pdf
• Dickinson Vendor Agreement_MuniCap v4.0.pdf

FUNDING ISSUES:
FINANCE VERIFICATION OF FUNDING:

n/a
SUBMITTING STAFF MEMBERS:

CITY MANAGER APPROVAL:

Claude Oliver

APPROVAL

NO

ACTIONS TAKEN
READINGS PASSED

OTHER

RESOLUTION NO. ________-2026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DICKINSON,
TEXAS,
SELECTING
MUNICAP,
INC.
FOR
MANAGEMENT AND ADMINISTRATION SERVICES FOR PUBLIC
IMPROVEMENT DISTRICTS WITHIN THE CITY OF DICKINSON AND
AUTHORIZING A CONTRACT FOR SAME.
WHEREAS, the City of Dickinson issued a Request for Proposals (RFP) seeking proposals
for management and administration services for three existing public improvement districts located
within the City of Dickinson; and
WHEREAS, all proposals received by the due date have been reviewed to determine the
most qualified and responsive providers for management and administration services for public
improvement districts, giving consideration to the evaluation criteria listed in the RFP; NOW,
THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS,
as follows:
SECTION 1. That the above and foregoing premises are true and correct and are
incorporated herein and made a part hereof for all purposes.
SECTION 2. That Municap, Inc. is selected to provide management and administration
services for public improvement districts located in the City of Dickinson.
SECTION 3. That the City Manager is authorized to execute the contract with Municap,
Inc., attached hereto as Exhibit A, as well as any other related documents necessary to achieve the
City Council’s intent as herein expressed.
SECTION 4. THAT this Resolution shall become effective upon its passage.
PASSED AND APPROVED by the City Council of the City of Dickinson, Texas, on the
_____ day of ______________________, 2026.

__________________________________
TRAVIS MAGLIOLO
Mayor

ATTEST:
_______________________________________
CLAUDE ALLEN OLIVER
City Secretary

APPROVED AS TO FORM:
_______________________________________
NGHIEM V. DOAN
City Attorney

STANDARD VENDOR AGREEMENT
This AGREEMENT (“Agreement”) is entered by and between MuniCap, Inc. (“Vendor”), located at
600 East John Carpenter, Suite 150, Irving, Texas 75062 and the City of Dickinson, Texas (the
“City”), a home-rule municipality, located at 4403 State Highway, Dickinson, Texas 77539 on the date
set forth below.
Terms:
1. Scope of Services: Vendor will perform the services (“Services”) as set forth in Exhibit A, which
is attached and incorporated herein, and which can be generally described as Public Improvement
District (PID) Administration (the “Work”). If there is a conflict between the terms of this
Agreement and Exhibit A, the terms of this Agreement will prevail.
2. Term and Termination: This Agreement shall commence on July 14, 2026 and shall end on July
14, 2031 unless sooner terminated in accordance with this Agreement. The “Contract Term” shall
be the period between the Commencement Date and the earlier of the Expiration Date or the
date upon which the Agreement is terminated as provided herein. The City reserves the right to
terminate this Agreement for convenience upon seven (7) days written notice to Vendor. Upon
such termination, the City shall pay Vendor, at the rate set out in Exhibit A, for services
satisfactorily performed up through the date of termination. Notwithstanding any provision in
this Agreement to the contrary, the City will not be required to pay or reimburse Vendor for any
services performed or for expenses incurred by Vendor after the date of the termination notice
that could have been avoided or mitigated by Vendor.
3. Compensation: Vendor shall be paid for the services as set forth in Exhibit A. In no event shall
the total compensation exceed $292,500 per Assessment levy during the Contract Term. A list of
Public Improvement Districts for which services will be provided is included as Exhibit D. The
City shall tender payment (including progress/partial payments) for services only after such
services are completed and are deemed to be acceptable under this Agreement, in the sole
reasonable discretion of the City. Vendor must submit to the City invoices for all services
provided, which invoices must include details and dates of service. Payment by the City shall be
made within thirty (30) days of receipt of an invoice, except for any portion of the invoiced amount
that the City disapproves as not compliant under this Agreement, in the sole reasonable discretion
of the City. If the City disapproves any amount submitted for payment by Vendor, the City shall
give Vendor specific reasons for disapproval in writing.
4. Insurance: Vendor is required during the Contract Term to maintain insurance as follows: (a)
Comprehensive General Commercial Liability insurance covering bodily injury and property
damage, with minimum coverage limits—exclusive of defense costs—of $1,000,000 per
occurrence and $2,000,000 aggregate; (b) If Vendor will provide the City “professional services,”
as that term is used in Chapter 252 of the Texas Local Government Code, Professional Liability
(errors and omissions/malpractice) insurance with minimum coverage limits—exclusive of
defense costs—of $2,000,000 per occurrence; and (c) If at any point during the Contract Term it
is foreseeable that Vendor will enter upon the City premises: (i) Worker’s Compensation coverage
with statutory limits for the State of Texas, and (ii) Commercial Automobile Liability coverage
with minimum coverage limits—exclusive of defense costs—of $1,000,000 per occurrence and
$2,000,000 aggregate. All policies must contain a waiver of subrogation against the City.
Comprehensive General Liability and Commercial Automobile Liability policies must name the

Page 1

City as Additional Insured. Vendor shall pay all insurance deductibles and deductibles must not
exceed $10,000 unless approved in advance by the City. Vendor shall provide the City Certificates
of Insurance evidencing these insurance requirements prior to the start of work.
5. Independent Contractor: Vendor is an independent contractor and is not an employee, partner,
joint venture, or agent of the City. Vendor understands and agrees that he/she will not be entitled
to any benefits generally available to the City employees, including without limitation withholding
for or payment of any local, state, or federal taxes. Vendor shall be responsible for all expenses
necessary to carry out the Services and shall not be reimbursed by the City for such expenses
except as otherwise provided in this Agreement.
6. Confidentiality: During the course of performing the Work under this Agreement, Vendor may
become privy to confidential information of the City. Vendor agrees to treat as confidential the
information or knowledge that becomes known to Vendor during performance of this Agreement
and to not use, copy, or disclose such information to any third party unless authorized in writing
by the City. This provision does not restrict the disclosure of any information that is required to
be disclosed under applicable law. Vendor shall promptly notify the City of any misuse or
unauthorized disclosure of the City’s confidential information and upon expiration of this
Agreement shall return to the City all confidential information in Vendor’s possession or control.
Vendor shall further comply with all information security policies of the City that may apply and
shall not make any press releases, public statements or advertisement referring to the services
provided under this Agreement or the engagement of Vendor without the prior written approval
of the City.
7. Warranties and Representations: Vendor warrants and agrees that Vendor shall provide the
Work and conduct all operations in conformity with all applicable federal, state, and local laws,
rules, regulations, and ordinances. For any service performed on premises owned or controlled
by the City, Vendor warrants and agrees that Vendor will perform said services in compliance with
all the City rules, including but not limited to, prohibitions related to tobacco use, alcohol, and
other drugs.
8. Licenses/Certifications: Vendor represents and warrants that it will obtain and maintain in
effect, and pay the cost of, all licenses, permits or certifications that may be necessary for Vendor’s
performance of this Agreement. If Vendor is a business entity, Vendor warrants, represents,
covenants, and agrees that it is duly organized, validly existing and in good standing under the laws
of the state of its formation; and is duly authorized and in good standing to conduct business in
the State of Texas, that it has all necessary power and has received all necessary approvals to
execute and deliver the Agreement and is authorized to execute this Agreement according to its
terms on behalf of Vendor.
9. Performance/Qualifications: Vendor agrees and represents that Vendor has the personnel,
experience, and knowledge necessary to qualify Vendor for the particular duties to be performed
under this Agreement. Vendor warrants that all services performed under this Agreement shall be
performed consistent with generally prevailing professional or industry standards.
10. Conflict of Interest: Vendor warrants, represents, and agrees that Vendor presently has no
interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or
degree with Vendor’s performance of the services hereunder. Vendor further warrants and affirms

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that no relationship or affiliation exists between Vendor and the City that could be construed as a
conflict of interest with regard to this Agreement.

11. INDEMNIFICATION: VENDOR SHALL DEFEND, INDEMNIFY AND
HOLD HARMLESS THE CITY , AND EACH OF ITS OFFICIALS,
OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ALL
CLAIMS, ACTIONS, SUITS, DEMANDS, PROCEEDINGS, COSTS,
DAMAGES AND LIABILITIES, INCLUDING WITHOUT LIMITATION
ATTORNEYS’ FEES AND REASONABLE LITIGATION COSTS,
ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM ANY
ACTS OR OMISSIONS OF VENDOR OR ANY AGENT, EMPLOYEE,
SUBVENDOR, OR SUPPLIER OF VENDOR IN THE EXECUTION OR
PERFORMANCE OF THIS CONTRACT, TO THE EXTENT THE
CLAIM ARISES FROM NEGLIGENCE, WILLFUL ACT, BREACH OF
CONTRACT OR VIOLATION OF LAW. THIS PROVISION SHALL
SURVIVE THE TERMINATION OR EXPIRATION OF THIS
AGREEMENT.
12. Force Majeure: A Party whose performance of any obligation under this Agreement is delayed
by a Force Majeure Event, as herein defined (“Impacted Party”), may have its performance tolled
for the duration of such delay, but only to the extent such delay is not caused or could not have
reasonably be anticipated, mitigated, or avoided by the Impact Party, and only if the Impacted
Party has provided prompt notice of the Force Majeure Event to the other Party. Force Majeure
Events shall include: (a) unavoidable major casualty loss from flood, fire, hurricane, earthquake or
explosion; (b) declared national or regional emergency, including health emergencies; (c) severe
abnormal weather conditions; and (d) other similar events beyond the reasonable control of the
Impacted Party.
13. Notices: Any notice given under this Agreement by either party to the other may be affected
either by personal delivery in writing or by mail, registered or certified postage prepaid with return
receipt requested. Mailed notices shall be addressed to the addresses of the Parties as they appear
in the contract. Notices delivered personally shall be deemed communicated at the time of actual
receipt. Mailed notices shall be deemed communicated three (3) days after mailing.
To Administrator:
Attn: Abdi Yassin
MuniCap, Inc.
600 E John Carpenter, Suite 150
Irving, Texas 75062
With a Copy to
Attn: Keenan Rice
MuniCap, Inc.
8965 Guilford Road, Suite 210
Columbia, Maryland, 21046

Page 3

To City:
City of Dickinson
Attn: Finance Director
4403 State Highway 3
Dickinson, Texas 77539
With a Copy to:
City Attorney
City of Dickinson
4403 State Highway 3
Dickinson, Texas 77539
14. Texas Family Code Child Support Certification: Pursuant to Section 231.006 of the Texas
Family Code, Vendor certifies that it is not ineligible to receive the award of or payments under
the Agreement and acknowledges that the Agreement may be terminated, and payment may be
withheld if this certification is inaccurate.
15. State and/or City Auditor: Vendor understands that acceptance of funds under the Agreement
constitutes acceptance of the authority of the Texas State Auditor's Office, or any successor agency
or the City’s internal auditor (collectively, the “Auditor”), to conduct an audit or investigation in
connection with those funds. Vendor agrees to cooperate with the Auditor in the conduct of the
audit or investigation, including without limitation providing all records requested. Vendor will
include this provision in all contracts with permitted Subvendors.
16. Jurisdiction: Any claims or legal action arising from this Agreement shall be brought in a court
of competent jurisdiction in Galveston, Texas, and governed by Texas law without regard to its
conflict of laws provisions.
17. Alternative Dispute Resolution: To the extent that Chapter 2260, Texas Government Code, is
applicable to this Contract and is not preempted by other applicable law, the dispute resolution
process provided for in Chapter 2260 and the related rules adopted by the Texas Attorney General
Pursuant to Chapter 2260, shall be used by the City and Vendor to attempt to resolve any claim
for breach of contract made by Vendor that cannot be resolved in the ordinary course of business.
The Director of Finance of the City shall examine Vendor’s claim and any counterclaim and
negotiate with Vendor in an effort to resolve such claims. This provision shall not be construed
as a waiver by the City of its right to seek redress in the courts.
18. Entire Agreement: This Agreement contains the entire understanding between the Parties and
supersedes all prior agreements, arrangements, and understanding, oral or written between the
Parties relating to this Agreement. This Agreement may not be modified except by mutual written
agreement of the Parties executed subsequent to this Agreement.
19. Eligibility to Receive Payment: Vendor certifies that, as a matter of state law, it is not ineligible
to receive the Agreement and payments pursuant to the Agreement and acknowledges that the
Agreement may be terminated, and payment withheld if this representation is inaccurate.
20. Payment of Debt/Delinquency to State: Vendor certifies that it is not indebted to the City and
is current on all taxes owed to the City. Vendor agrees that any payments owing to Vendor under

Page 4

the Agreement may be applied directly toward any debt or delinquency that Vendor owes the City
regardless of when it arises, until such debt or delinquency is paid in full.
21. Products and Materials Produced in Texas: If Vendor will provide services under the
Agreement, Vendor covenants and agrees that in performing its duties and obligations under the
Agreement, it will purchase products and materials produced in Texas when such products and
materials are available at a price and delivery time comparable to products and materials produced
outside of Texas.
22. Risk of Loss: If applicable, all work performed by Vendor pursuant to the Agreement will be at
Vendor’s exclusive risk until final and complete acceptance of the Work by the City. In the case
of any loss or damage to the work prior to the City’s acceptance, bearing such loss or damage will
be Vendor’s responsibility.
23. Publicity: Vendor shall not use the City’s name, logo or likeness in any press release, marketing
materials or other public announcement without receiving the City’s prior written approval.
24. Legal Construction/Severability: In the event that any one or more of the provisions contained
in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not affect any other provision, and this
Agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been
contained in it. To this end, the provisions of this Agreement are declared to be severable. The
Parties may mutually agree to renegotiate the Agreement to cure such illegality/invalidity or
unconstitutionality if such may be reasonably accomplished.
25. Limitations: The Parties are aware that there are constitutional and statutory limitations on the
authority of the City to enter into certain terms and conditions of the Agreement, including, but
not limited to, those terms and conditions relating to liens on the City’s property; disclaimers and
limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers
and limitations of legal rights, remedies, requirements and processes; limitations of periods to
bring legal action; granting control of litigation or settlement to another party; liability for acts or
omissions of third parties; payment of attorneys’ fees; dispute resolution; indemnities; and
confidentiality (collectively, the “Limitations”). Any terms and conditions related to the
Limitations will not be binding on the City except to the extent authorized by the laws and
Constitution of the State of Texas.
26. Sovereign Immunity: The Parties agree that neither the execution of the Agreement by the City
nor any other conduct, action or inaction of any City representative relating to the Agreement
constitutes a waiver of sovereign immunity by the City.
27. Authority: Vendor warrants and represents that Vendor has full power and authority to enter
into and perform this Agreement and to make the grant of rights contained herein. The person
signing on behalf of the City represents that he/she has authority to sign this Agreement on behalf
of the City. The Parties understand and agree that in entering into this Agreement, the City is
performing a solely governmental function and not a proprietary function. The Parties covenant
to not assert in any legal or equitable proceeding any claim or argument that the City’s entering
into this Agreement is a proprietary function and not solely a governmental function. This
provision shall survive the termination or expiration of this Agreement.

Page 5

28. Non-Waiver: The Parties specifically agree that neither the occurrence of an event giving rise to
a breach of contract claim nor the pendency of a claim constitute grounds for the suspension of
performance by Vendor. No covenant or condition of this Agreement may be waived except by
written consent of the waiving party. Forbearance or indulgence by one party in any regard
whatsoever shall not constitute a waiver of the covenant or condition to be performed by the
other party.
29. Prohibitions Pursuant to Texas Government Code: By executing this Agreement Vendor
verifies that Vendor (1) does not boycott Israel and will not during the term of this Agreement
per Section 2274.002; (2) is not engaged in business with Iran, Sudan, or any company on the list
referenced in Section 2252.152; (3) does not boycott energy companies and will not during the
term of this Agreement per 2274.002; and (4) does not have a practice, policy, guidance, or
directive of this Agreement against a firearm entity or firearm trade association and will not during
the term of this Agreement per 2274.002.

(Signature block on next page)

Page 6

Executed on _________________________________. (date to be filled in by City Secretary)

_____________________________________ “Vendor”

By: __________________________________
Name: _______________________________
Title: ________________________________

The City of Dickinson, Texas
_____________________________________
Chaise A. Cary, City Manager
Attest:
_____________________________________
Claude A. Oliver, City Secretary
Approved as to Form:
_____________________________________
Nghiem V. Doan, City Attorney

Page 7

Exhibit A
Scope of Services/Description of Products/Payment Schedule
(There are 14 pages for Exhibit A, including this page)

PROPOSED SERVICES FOR PID ADMINISTRATION (SERVICE DELIVERY)
Administrative and management support services are those services associated with the annual
determination of the special assessments to be collected from the property subject thereto, updating
the Service and Assessment Plan and the PID Assessment roll, management of Assessments and/or
Bond funds and accounts, and providing public information.
General Public Assistance
This task involves responding to telephone calls from property owners and other interested parties
who have questions regarding the current and prospective special Assessments. These calls may
be related to a tax assessment bill or an inquiry related to the purchase or sale of property subject
to the PID Assessments. We will provide a toll-free phone number for property owners to call with
questions. Additionally, this number will be given to people who call the City or County to obtain
information about the PID assessments.
Additionally, we manage a website where property owners can access information for their
individual property or for their PID. Information that can be accessed includes project overview,
FAQs, PID Assessment Notice, the current Annual Service Plan Update, and the original Service
and Assessment Plan. https://municap.com/owner_information/
A. MuniCap’s PID Administrative Services
1. ANNUAL SPECIAL ASSESSMENT DETERMINATION
MuniCap will determine the annual installment to be collected from each parcel which includes
the following sub-tasks:
•
•
•
•

Background research
Calculate the annual installment to be collected.
Revise service and assessment plan
Support services related to billing of annual installments:
o Present findings to the City: The updated service and assessment plan prepared
will be provided to the City for its approval.
o Provide assessment roll to the County: We shall assist the City with its required
notification to the County of the amount of the annual installments to be collected
each year.
o Supplemental billing: We shall assist the County or City with any supplemental
billing that shall be necessary.

•

Prepayment of Special Assessments: MuniCap will coordinate the prepayment of special
assessments with the City, Trustee, property owners, and title companies. This coordination
shall include calculation of the amount due to prepay the special assessment and transmittal
of a letter with the prepayment amount, prepayment instructions, and the recordable form
of the special assessment lien release to the title company or other such steps as required
by the Indenture and related documents.

2. BOND FUND ADMINISTRATION
MuniCap will review and reconcile account statements for funds and accounts maintained by the
Trustee. The accounts and transactions are checked for accuracy and consistency with the
Indenture. This task includes evaluation and coordination of investment funds, including a review
of qualified investment options pursuant to the Indenture.
3. HOMEOWNERS ASSISTANCE/PUBLIC INFORMATION
MuniCap will monitor notice provided to prospective homebuyers by the developer and builders
in accordance with the home buyer disclosure program, including without limitation, the following
notices:
•
•
•
•
•
•
•
•
•

Notice of the special taxing district recorded in the appropriate land records for the
property;
Notice of the special taxing district provided by builders in addendum to contracts on
brightly colored paper;
Collection of a copy of the addendum signed by each buyer from builders with such copy
being provided to the City;
Signage indicating that the property for sale is located in a PID located in conspicuous
places in all model homes;
An overview of each PID provided to builders to be included in sales packets;
Estimates of yearly or monthly ownership costs including special assessments;
Notification to settlement companies through the builders to include special assessments
on HUD 1 forms and inclusion in total estimated assessments for the purpose of setting up
tax escrows;
Notice of each PID in the homeowner association documents and provide copies on
Administrator’s website;
Announcements of each PID on the City’s web site and community channels.

4. DELINQUENCY MANAGEMENT
MuniCap will provide delinquency management services only if special assessments are levied
and there are delinquencies in the payment of special assessments and includes the following subtasks:
• Delinquent Special Assessment Report: Until annual assessments are collected in full,
MuniCap will prepare a monthly or quarterly delinquency report which lists each parcel
delinquent in the payment of the annual installment and the corresponding amount of
delinquency, plus penalties.
•

Delinquency Follow-Up: We will keep Trustee and City informed of special
circumstances that come to the attention of the Administrator, such as bankruptcies and
foreclosures. We will assist the City with providing information regarding delinquent
properties to the delinquency collection attorneys.

5. DISCLOSURE SERVICES
Annual Report Preparation: We will prepare an annual report as required by the continuing
disclosure agreements, as needed.
Developer Quarterly Reports: We will request from the Developer the reports pursuant to
the continuing disclosure agreement.
Significant Event Notices: Upon notification by any responsible party or if MuniCap
independently becomes aware of such knowledge, we will prepare notices of material events
covering the events enumerated in the disclosure agreements and provide the information to
the dissemination agent engaged at the time of any bond issuance.
Dissemination: We will work directly with the dissemination agent or be engaged directly as
the dissemination agent at the time of any bond issuance as designated by the City. If MuniCap
is engaged as the dissemination agent, we will disseminate the annual reports, quarterly reports
from the Developer, and notices of significant events to the MSRB and the appropriate state
information repository (SID) in a timely manner as set forth in the continuing disclosure
agreement. MuniCap will also disseminate information to bond holders requesting information
as provided for in the continuing disclosure agreements.
6. REQUISITION RELATED SERVICES
•

Review and Track Invoices: We will enter any payment certifications received from each
PID into the accounts receivable journal, check the invoice against approved contracts or
purchase orders, prepare certificates for the payment of the invoice by the Trustees, and
forward the invoice with the Administrator’s and Trustee’s certificate to an officer of the
City authorized to approve the disbursement of funds by each PID.

B. MuniCap’s Additional Recommended Administrative Services (based on industry best
practices)
1. ARBITRAGE REBATE SERVICES
Arbitrage rebate services encompass those activities associated with computing the rebate liability
(if any) related to the series of bonds issued for each PID. The computations will be prepared as
described in Section 148(f)(2) of the Internal Revenue Code of 1986, as amended. MuniCap shall
coordinate the arbitrage rebate requirements of the bonds, including (1) Background Research:
We will review documents, including the Indenture, non-arbitrage certificate, IRS form 8038-G,
trustee fund/account statements, and prior rebate reports, and consultations with bond counsel or
special counsel, as needed. The funds subject to arbitrage rebate and any available exceptions will
be identified. The flow of funds in the accounts with the Trustee will be identified as necessary to
perform the arbitrage rebate calculations. (2) Calculation of Bond Yield: We will prepare a debt
service table and an independent calculation of the yield on the bonds. The resulting yields will be
verified with those stated on the non-arbitrage certificate. (3) Calculation of Rebate Liability:
We will compute the allowable arbitrage earnings and comparison of the results to the actual
investment earnings for each issue. (4) Preparation of Rebate Report: We will prepare a written
report containing the findings of the financial analysis and an explanation of the underlying
methodology followed to compute the rebate liability for each issue. In addition to identifying any

arbitrage liability, each report contains a separate investment yield comparison and analysis for
each fund. Standard features also include the following items as defined by U.S. Treasury
Regulations: Explanation of calculation methodology, overview of applicable rebate requirements
and treasury regulations, summary of all pertinent dates, identification of major assumptions,
review of sources and uses of funds, bond yield calculation, investment yield by fund with
comparison to bond yield, rebate liability by fund , and aggregate liability for the issue
•

Rebate Liability Discharge: We will coordinate the filing of IRS Form 8030-T and
providing instructions for installment payments as necessary.

•

Assistance with IRS Inquiries: We will provide assistance in the event of an IRS inquiry
related to any PID bond issue and includes providing supporting documentation used to
prepare the calculations and explanation of the calculations in a meeting with the IRS, if
necessary. These services are provided on a time and material basis and are not included
in the base fee.

2. COMPLIANCE MONITORING AND TAX REPORTING
MuniCap will request and compile all information related to IRS-required tax reporting (i.e. W9’s) from all vendors, as needed (including at the time of debt issuance) and report this information
annually to all vendors and the IRS in accordance with IRS regulations. MuniCap will also
maintain an audit file and prepare a report confirming compliance with applicable requirements of
the tax certificate for the bonds which includes the following subtasks:
•

Ownership and Transfer of Public Improvements: Confirm that all public
improvements have been transferred to a public entity, once appropriate, as required by the
applicable agreement with the developer.

•

No Post-Closing Agreements: Confirm with any relevant parties to confirm that there are
no post-closing agreements that give any private business user a special legal entitlement
to any public improvement, except for those agreements reviewed by bond counsel.

•

No Disposition of the Public Improvements: Confirm that there have been no sales
leases, or other dispositions of any public improvements, except for dispositions reviewed
by bond counsel.

•

No Modifications: Confirm that there have been no modifications to any public
improvement, except for those which are in compliance with agreement with the developer
providing for the construction of the public improvements or as otherwise approved by
bond counsel.

•

Maintenance of Audit File: Maintain an audit file with documentation to verify
information related to compliance with the tax certificate.

•

Preparation of Report: Prepare a report to the City each year explaining the efforts of
Administrator to verify confirmation of compliance with the tax certificate, documentation

in the audit file, and identifying any missing information or requirements of the tax
certificate not confirmed.
3. ACCOUNTING AND AUDIT ASSISTANCE
MuniCap offers a variety of account services on behalf of the City for each PID which include the
following subtasks:
•

Annual Audit Coordination: MuniCap will coordinate with the auditor the preparation
of an audit of the financial records of each PID. We will also incorporate internal controls
as recommended by the auditor, if any.

•

Maintain General Ledger: We will enter transactions in a general ledger for each PID to
maintain accounting records to be used for the preparation of financial statements, as
needed.

•

Financial Statement Preparation: We will record financial transactions for each PID in
the appropriate ledgers of each PID and prepare annual financial statements for each PID,
as needed.
Requisition Review: We will review all requisition documentation, as needed, and verify
confirmation of compliance of compliance with the Development, Acquisition and
Financing Agreement or any other applicable agreement, confirm proper documentation in
the audit file, and identify any missing information or requirements not confirmed, as
needed.

•

C. MuniCap’s PID related Consulting Services
MuniCap will provide PID related consulting services including:
1. ASSIST CITY WITH PREPARING AND/OR UPDATING PID POLICY
•
•
•
•
•

In the absence of existing PID policy, provide City staff with sample PID policies to City
staff for review and provide feedback based on experience.
Prepare or assist City staff to prepare initial draft PID policy.
Ensure PID policy incorporates both proven best practices and the City’s specific
requirements.
Work with applicable City department and staff to incorporate desired provisions.
finalize PID Policy for council consideration and approval.

2. ASSIST WITH DEVELOPMENT AGREEMENT AND/OR SIMILAR MECHANISMS
•
•

Prepare comprehensive PID creation, assessment levy and bond issuance timelines and
progress monitoring file and provide to the City, developer and other parties involved with
the proposed development.
Assist City with identifying and incorporating optimal financing structure including
development agreement negotiations and other governing documents.

•

Preparing initial projections to determine target PID terms including, but not limited to,
desired assessment level, financing mechanism (bonding, reimbursement agreement, etc.),
assessment duration, authorized project costs to be incorporated into the development
agreement etc.

3. ASSIST CITY WITH CREATION OF PID DISTRICT
•
•
•

Assist City with processing PID petitions and setting public hearing dates.
Assist city with statutory required publications and mailing notices including researching
list of notice recipients.
Assist city with filing of district creation resolution with appropriate county.

4. ASSESSMENT LEVY SUPPORT
MuniCap will work with the City, the City’s financial advisor, bond counsel, and developer’s team
to develop and complete all necessary calculations and corresponding documentation for the
purpose of levying assessments. We will prepare the PID feasibility report and applicable service
and assessment plan by evaluating available potential assessment methodologies and allocation
bases allowed by the PID Act as part of each engagement and work with the City and other City
consultants to select the methodology that best fits a particular development. Similarly, we will
consider any master improvements for development that are proposed to have more than one phase,
along with phase-specific improvements for purposes of any related reimbursement agreements.
Our team will also complete all interest calculations for reimbursements as outlined in the
applicable reimbursement agreement. The typical steps in the preparation of the SAP include:
•
•
•
•
•
•
•
•
•

Review plan of finance outlined in the Service and Assessment Plan (SAP) in conjunction
with PID policy to ensure consistency.
Review public improvements and estimated costs to ensure eligibility and appropriate
allocation of benefit.
Estimate available revenue sources that act as an offset to assessments, as applicable.
Determine appropriate property classifications for assessment levy.
Determine the appropriate assessment amount for different property classifications.
Prepare draft SAP for the PID that includes the assessment methodology and the proposed
assessment roll.
Coordinate discussions with City and developer teams to review draft SAP and incorporate
updates.
Assist with the preparation of applicable resolutions and ordinances for the various
approval requirements.
Finalize Service and Assessment Plan and ensure proper references in the applicable
authorizing documents.

5. ATTEND MEETINGS, WORK SESSIONS AND CALLS
MuniCap will attend formal and informal meetings, arrange and/or participate in conference calls,
review documents, prepare documentations and projections and provide recommendations to the
City with respect to each of the items described above.

6. BOND ISSUANCE SUPPORT
MuniCap will assist the City with respect to any and all PID bond issuances and review of all
applicable documents to ensure they comply with statutory requirement, state and local laws. And
City policy. MuniCap will complete the following for each bond issuance:
• Prepare projections for purposes of bond issuance.
• Review bond documents including indentures, continuing disclosure agreements, offering
documents in conjunction with SAP to ensure consistency with PID policy, development
and financing agreement.
• Provide certification required for the issuance of PID debt as reasonably approved by
MuniCap.
At the time in which bond proceeds are being requested for disbursement, MuniCap’s accounting
division will complete the following:
• Review the bond proceed disbursement request in conjunction with the bond
documentation.
• Diligently review each line item and amount being requested for reimbursement by
ensuring adequate proof of payment.
• Generate a list of questions related to any line items that raise question either to the nature
of the amount being requested or the information being provided as support.
• Communicate to the City the outcome of the review of the disbursement requisition, along
with any additional information to be requested or questions to be answered.
• Execute any certification of review of the bond proceed disbursement requisition on behalf
of the City.
• At the request of the City, provide fully completed bond proceeds disbursement requisition
to the trustee for reimbursement to the developer.
• Ensure all certificate of completions are executed and filed at the time of the corresponding
public improvement completion.
• Coordinate the conveyance of the public improvement to the City once the necessary
certificate(s) have been filed.
MuniCap will review existing PID related reports and agreements, if any, as part of the initial
assessment and preparation for future bond issuance services. We will prepare the PID feasibility
report and applicable service and assessment plan by evaluating available potential assessment
methodologies and allocation bases allowed by the PID Act as part of each engagement and work
with the City and other City consultants to select the methodology that best fits a particular
development. Similarly, we will consider any master improvements for development that are
proposed to have more than one phase, along with phase-specific improvements. We also apply
recommended best practices for public policy when levying special assessments, which protect
property owners, the City, and bond holders. Our work will always be unbiased and balanced as
we strictly operate within the applicable statutory framework, agreements between the City and
the developer and other industry best practices.
MuniCap will attend formal and informal meetings, arrange and/or participate in conference calls,
review documents, prepare documentations and projections and provide recommendations to the
City with respect to bond issuance support.

The services described herein do not include conducting due diligence on information provided to
or used by MuniCap. MuniCap will not rely on information it does not believe to be reasonable
and valid; however, we will not investigate the validity of information unless requested to do so
as additional work. MuniCap’s services do not include any services not specified herein or
requested as additional services, including review of legal, engineering, or land use matters.

FEES FOR SERVICES
A. MuniCap’s PID related Consulting Services
The proposed fees shown in the tables below are based on the services described in Section 3.C of
this proposal.
CONSULTING SERVICES – CAPITAL PID
Frequency
Additional
2,3
Service
Price
Unit1
Information
Proposed Services for PID Administration
Assist City with Preparing and/or Updating
PID Policy
Assist with Development Agreement or
At Time of
See
similar mechanisms
Per
Levy or
corresponding
$45,000
Assist City with Creation of PID District
PID
Bond
description
Assessment Levy Support
Closing
below.
Attend Meetings, Work Sessions, & Calls
Bond Issuance Support
1
Per Assessment levy and/or Bond issuance.
2
The total annual amount shown is invoiced on a monthly basis. Actual annual cost will not exceed
the amount shown as the total annual amount.
3
Administrator’s invoices shall be paid solely from Bond proceeds and/or developer funds
deposited with the City.
Such amount will be for expenses incurred prior to Assessment Levy and/or Bond and are a
predecessor to the administrative services described in Section 4.C. Administrator’s invoices
shall be paid solely from Bond proceeds and/or developer funds deposited with the City.
CAPITAL PIDS
Consulting services, as set forth in Section 3.C., shall be provided on a lump sum basis with a total
fee for each separate Assessment Levy and/or Bond issuance, and/or refunding bonds plus out of
pocket expenses, including, but not limited to travel, printing, fees incurred from Central Appraisal
Districts, etc., dependent upon the size and scope of each PID. The Services provided on a time
and material basis and included in the maintenance PIDs annual cost estimate shown in 4.C. are:
• Assist City with Preparing and/or Updating PID Policy
• Assist with Development Agreement or similar mechanisms
• Assist City with Creation of PID District
• Assessment Levy Support
• Attend Meetings, Work Sessions, & Calls
• Bond Issuance Support

MAINTENANCE PIDS
Fee structures related to maintenance PIDs are available upon request.
B. MuniCap’s PID Administrative Services
The proposed fees shown in the tables below are based on the services described in Section 3.A of
this proposal.
ANNUAL FEE PROPOSAL – ADMINISTRATIVE SUPPORT SERVICES RELATED TO THE SPECIAL
ASSESSMENTS, DELINQUENCY MANAGEMENT, AND CONTINUING DISCLOSURE SERVICES –
CAPITAL PIDS

Service
Setup fee

Price

Unit1

Frequency2,3,4

$5,000$7,500

Per PID

One-Time

Additional
Information
See
corresponding
description
below.

Proposed Services for PID
Administration
Annual special assessment
determination
Bond fund administration
See
Not To
12 Equal
Homeowners assistance/public
corresponding
Exceed
Per PID
Monthly
information
descriptions
$28,800
Payments
Delinquency management
below.
Disclosure services
Auditing assistance
1
Per Assessment levy and/or Bond issuance.
2
The total annual amount shown is invoiced on a monthly basis. Actual annual cost will not exceed the
amount shown as the total annual amount.
3
Administrator’s invoices shall be paid solely from PID Assessments, Bond proceeds and/or
developer funds deposited with the City.
4
Prepayment cost are billed directly to the party requesting the prepayment and paid from prepayment
proceeds.
Fee structures related to maintenance PIDs are available upon request.
These amounts include preparation for and attendance at an annual meeting of the City to review
the update of the annual assessment plan. Fees shall be billed based on the number of hours worked
at MuniCap’s prevailing hourly rates, which are currently shown in the fee schedule below.
CAPITAL PIDS
Administrative services, as set forth in Section 3.A., shall be provided on a lump sum basis with

total annual estimated not-to-exceed cost of $28,800 for each separate Assessment Levy and/or
Bond issuance, plus an estimate of $5,000 to $7,500 for one-time initial set up costs for capital
PIDs.
The Services included in the capital PIDs annual cost estimate shown in 4.A.:
• Annual special assessment determination
• Bond fund administration
• Homeowners assistance/public information
• Delinquency management
• Disclosure services
• Auditing services
C. MuniCap’s Additional Recommended Administrative Services (based on industry best
practices)
The proposed fees shown in the table below are based on the services described in Section 3.B of
this proposal.
ADDITIONAL ADMINISTRATIVE SERVICES

Service
Setup fee

Price
$3,000 $5,000
Not to
Exceed
$19,200
Annually

Unit

1

Per PID

2,3,4

Frequency

One-Time

Additional
Information
See corresponding
description below.

Proposed Services for PID Administration
12 Equal
Arbitrage Rebate Services
See corresponding
Per PID
Monthly
Compliance Monitoring & Tax Reporting
description below.
Payments
Accounting Services
1
Per Assessment levy and/or Bond issuance.
2
The total annual amount shown is invoiced on a monthly basis. Actual annual cost will not exceed the amount
shown as the total annual amount.
3
Administrator’s invoices shall be paid solely from PID Assessments, Bond proceeds and/or developer funds
deposited with the City.
4
Additional services required for a maintenance PID relate to Accounting services only and shall be provided on a
time and material basis not-to-exceed $8,400.
These costs should decrease once the development is complete. Fees shall be billed based on the
number of hours worked at MuniCap’s prevailing hourly rates, which are currently shown in the
fee schedule below.

Title
President
Executive Vice President
Senior Vice President
Vice President
Director
Manager
Project Manager
Senior Associate
Associate

Hourly Rate
$375
350
325
300
270
245
230
220
190

CAPITAL PIDS
Administrative services, as set forth in Section 3.B., shall be provided on a lump sum basis with
total annual estimated not-to-exceed cost of $19,200 per capital PID, plus an estimate of $3,000 to
$5,000 for one-time initial set up costs. The Services provided on a time and material basis and
included in the capital PIDs annual cost estimate shown in 4.B. are:
• Arbitrage Rebate Services
• Compliance Monitoring & Tax Reporting
• Accounting Services
MAINTENANCE PIDS
Fee structures related to maintenance PIDs are available upon request.
D. Reimbursable Expenses
Out of pocket expenses are billed at actual costs without any mark up, including but not limited to
travel costs and costs incurred from seeking legal counsel related to governing documents.
Administrator shall receive written approval from the City before incurring any expenses in excess
of one-hundred dollars ($100).
The fees provided for herein may be increased from time to time to reflect increased costs of
labor and services; provided however, that in no event shall such increase be made more than one
time per year and such increase shall not exceed 10% of the fee charged immediately prior to the
increase. Administrator shall provide City with one hundred and twenty (120) days advance
written notice of each such increase.
E. Additional Work
Services or meetings not specified in the scope of work set forth in Exhibit “A” to this
Agreement are identified as additional work and shall be billed at Administrator’s prevailing
hourly rates shown above.

Administrator’s hourly rates may be adjusted from time to time to reflect increased costs of labor
and services.
Administrator shall not provide additional work without City’s prior written (including email)
authorization.
Administrator shall send an invoice to City each month showing the work performed, the
person performing the work, the date the work was performed, the amount of the time worked, and
the hourly rates for the work. The invoice shall be accompanied by a certificate to the trustee to
be signed by the City instructing the trustee to pay the invoice. Within thirty days of receiving the
invoice, the City shall forward each correctly billed invoice to the trustee with a signed certificate
instructing the trustee to pay the invoice. Administrator’s invoices shall be paid solely
from available funds of the PID.
Administrator specifically acknowledges that it shall have no recourse against City for
payment of any fees associated with this Agreement.

Exhibit B
MSRB Language
(There are 2 pages for Exhibit B, including this page)

MSRB LANGUAGE

1.
The compensation due under this Agreement will be contingent in part or in full
upon assessment levy and/ or bond issuance. While this form of compensation is customary in the
municipal securities market, this may present a material conflict of interest because it could create
an incentive for the Administrator to recommend unnecessary financings or financings that are
disadvantageous to the City. This conflict of interest is mitigated by the Administrator through its
adherence to MSRB and SEC rules that include complying with a duty of fair dealing and certain
core standards of conduct when engaging in municipal advisory activities.
2.
The Administrator has determined, after exercising reasonable diligence, that it has
no known material conflicts of interest that would impair its ability to provide advice to the Client
in accordance with its fiduciary duty to municipal-entity clients and the standard of care required
by Municipal Securities Rulemaking Board (the “MSRB”) Rule G-42(a)(i) concerning obligated
person clients. To the extent any material conflicts of interest arise after the date of this agreement,
the Administrator will provide information concerning any material conflicts of interest in the form
of a written supplement to this agreement.
3.
The Administrator is registered as a “municipal advisor” under Section 15B of the
Securities Exchange Act (the “SEC”) of 1934 and rules and regulations adopted by the SEC and
the MSRB. As part of this registration the Administrator is required to disclose to the SEC
information regarding criminal actions, regulatory actions, investigations, terminations,
judgments, liens, civil judicial actions, customer complaints, arbitrations and civil litigation
involving the Administrator. The Administrator is required to disclose any legal or disciplinary
event that is material to the City’s evaluation of the Administrator or the integrity of its
management or advisory personnel. The Administrator has determined that no such event exists.
Copies of Administrator filings with the SEC are available via the SEC’s EDGAR system by
searching
“Company
Filings,”
which
is
available
via
the
Internet
at https://www.sec.gov/edgar/searchedgar/companysearch.html. Search for “MuniCap” or for
Administrator's CIK number, which is 0001614774.
4.
Pursuant to Municipal Securities Rulemaking Board (“MSRB”) Rule G10,
Administrator is required to provide you with the following information:
The MSRB has made available on its website (www.msrb.org) a municipal advisor client
brochure that describes the protections that may be provided by MSRB rules and how to file a
complaint with the appropriate regulatory authority.

Exhibit C
Timelines
(There are 2 pages for Exhibit C, including this page)

Timelines
I. CONSULTING SERVICES RELATED ADMINISTRATION SERVICES
Administrator shall deliver work products described in Section A of Exhibit A based on
the document delivery timeline to be set by the City and the Administrator on a case by case basis.
II. CONSULTING SERVICES RELATED DISTRICT CREATION AND ASSESSMENT
LEVY
Administrator shall deliver work products described in Section C of Exhibit A based on
the document delivery timeline to be set by the City and the Administrator on a case by case basis.

Exhibit D
List of Public Improvement Districts
(There are 2 pages for Exhibit D, including this page)

Public Improvement Districts
List of PIDs – to be updated as new PIDs are created
1 - Bayou Lakes Public Improvement District Number Two
2 - Bayou Maison Public Improvement District Number Three
3 - Bayou Bend Estates Public Improvement District Number Four
4 - Hughes Landing Public Improvement District Number Five

Dickinson City Council
Agenda Item Data Sheet
6.B

MEETING DATE:

July 14, 2026

TOPIC:

RESOLUTION NUMBER XXX-2026 - Consideration and possible action
to adopt a Resolution approving an infrastructure improvement project by
the Dickinson Economic Development Corporation to promote or develop a
new or expanded business enterprise in the City of Dickinson. (DEDC)

BACKGROUND:

Item previously postponed. Staff was directed to gather additional
information.

RECOMMENDATION:
ATTACHMENTS:

• Approval_for_DEDC_Infrastructure_Project_Bayou_Village_Phase_1__2_.pdf
• Bayou_Village_Collaborate_Agreement_Executed_Final__2_.pdf

FUNDING ISSUES:
FINANCE VERIFICATION OF FUNDING:

n/a
SUBMITTING STAFF MEMBERS:

CITY MANAGER APPROVAL:

Claude Oliver

APPROVAL

NO

ACTIONS TAKEN
READINGS PASSED

OTHER

n/a

RESOLUTION NO. ________-2026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DICKINSON, TEXAS, TO APPROVE AN INFRASTRUCTURE
IMPROVEMENT PROJECT BY THE DICKINSON ECONOMIC
DEVELOPMENT CORPORATION TO PROMOTE OR DEVELOP A
NEW OR EXPANDED BUSINESS ENTERPRISE IN THE CITY OF
DICKINSON.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS,
as follows:
SECTION 1. The City Council finds that certain proposed infrastructure improvements
constructed to serve a development project to be located at the corner of Whispering Drive and
FM 517 W, in Dickinson, Texas, would promote and/or develop a new or expanded business
enterprise in the City of Dickinson.
SECTION 2. The City Council hereby approves the proposed infrastructure improvement
project to be located at the corner of Whispering Drive and FM 517 W, in Dickinson, Texas, to be
undertaken by the Dickinson Economic Development Corporation pursuant to the Chapter 380
Economic Development Agreement attached hereto as Exhibit “A,” to promote and develop a new
or expanded business enterprise in the City of Dickinson.
SECTION 3. This Resolution shall become effective upon its passage.
DULY RESOLVED by the City Council of the City of Dickinson, Texas, on the ____ day
of May, 2026.
__________________________________
TRAVIS MAGLIOLO
Mayor
ATTEST:
_______________________________________
CLAUDE ALLEN OLIVER
City Secretary
APPROVED AS TO FORM:
_______________________________________
NGHIEM V. DOAN
City Attorney

CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT
AMONG THE CITY OF DICKINSON, TEXAS,
THE DICKINSON ECONOMIC DEVELOPMENT CORPORATION,
THE DICKINSON MANAGEMENT DISTRICT NO. 1,
AND COLLABORATE DEVELOPMENT, LLC
AND COLLABORATE SPECIAL PROJECTS, LLC.
This Development Agreement (the “Agreement”) is made and entered into by and among
the City of Dickinson, Texas, a Texas home-rule municipality (the “City”), the Dickinson
Economic Development Corporation, a Texas Type B Economic Development Corporation (the
“DEDC”), and the Dickinson Management District No. 1, a special district created under Section
59, Article XVI of the Texas Constitution and pursuant to Chapter 3853 of the Special Districts
Local Laws Code (the “DMD”), (herein collectively referred to as the “Dickinson Entities”), all
with their principal offices being located at 4403 State Highway 3, Dickinson, Texas 77539, and
Collaborate Development LLC and Collaborate Special Projects LLC, each a Texas Limited
Liability Company (collectively “Collaborate”) with their principal offices being located at 1206
Nance Street, Houston, Texas 77002.
RECITALS
WHEREAS, Chapter 380 of the Texas Local Government Code authorizes cities to
establish programs to make grants of public money and provide the city’s personnel and services
to promote local economic development and to stimulate business and commercial activity in the
city; and
WHEREAS, Chapter 501 of the Texas Local Government Code authorizes economic
development corporations to expend funds for infrastructure improvements, including streets and
roads, drainage, and site improvements, that are necessary to promote or develop new or expanded
business enterprises; and

1

WHEREAS, Chapter 3853 of the Texas Special Districts Local Laws Code authorizes the
DMD to establish programs to make grants of public money to promote local economic
development and to stimulate business and commercial activity in the district; and
WHEREAS, the DEDC owns a parcel of land of approximately 14.4 acres located at the
corner of Whispering Drive and East FM 517 in the City (the “DEDC Parcel); and
WHEREAS, Collaborate desires to purchase a portion the DEDC Parcel on which to
develop, construct, and operate a retail center (the “Project”); and
WHEREAS, the Dickinson Entities propose to assist Collaborate to develop the Project by
constructing certain road improvements to access and serve the Project and provide certain tax
incentives to stimulate further development; and
WHEREAS, the city council of the City hereby finds and determines that entering into an
agreement with Collaborate under Chapter 380 would promote local economic development and
stimulate business and commercial activity in the city; and
WHEREAS, the board of directors of the DEDC hereby finds and determines that entering
into an agreement with Collaborate under Chapter 501 to assist with infrastructure to serve the
Project would promote and develop new or expanded business enterprises within the City; and
WHEREAS, the board of directors of the DMD hereby finds and determines that entering
into an agreement with Collaborate under Chapter 3853 would promote local economic
development and stimulate business and commercial activity in the district.
AGREEMENT
NOW, THEREFORE, in consideration of the promises and the mutual benefits and
obligations set forth herein, including the recitals set forth above, the City, the DEDC, the DMD,
and Collaborate agree as follows:

2

1. General
A. Term of Agreement. This Agreement will become effective on the date (“Effective
Date”) that it is fully executed by all parties and expire on December 31, 2033, unless earlier
terminated as provided herein.
B. Property Description. The DEDC Parcel is shown and more specifically described in
Exhibit A attached hereto. Collaborate will locate the Project on a tract of approximately 1.7 acre
(“Phase One Tract”) at the northwest corner of the DEDC Parcel, as shown and generally described
in Exhibit B attached hereto. The remainder of the DEDC Parcel (the “Remainder Tract”) totals
approximately 12.7 acres, as shown and generally described in Exhibit C attached hereto. The
parties acknowledge that the descriptions of the Phase One Tract and the Remainder Tract are
herein general because those tracts will not be platted until after the Effective Date.
2. DEDC Obligations
A. Platting. The DEDC will cause the DEDC Parcel to be subdivided via plat into the Phase
One Tract and the Remainder Tract, with final approval of said plat (“Plat Approval”) to occur no
later than one hundred twenty (120) days after the Effective Date.
B. Construction of Whispering Drive. Within one hundred eighty (180) days of the
Effective Date, the DEDC shall engage the City’s city engineer to create plans to construct and
improve a segment of Whispering Drive extending south from the southern ROW line of FM 517
for not longer than two hundred fifty (250) feet (the “Road Segment”). In conjunction with the
City, the DEDC will cause the Road Segment to be constructed with hot mix asphalt, curb and
gutter, that is compliant with all applicable public street requirements of the City and will bear all
costs associated with such construction except for any labor and equipment provided by the City.

3

Final completion of the Road Segment shall be achieved by no later than CO Issuance, as herein
defined.
C. Construction of Driveway. In conjunction with the City, the DEDC shall cause to be
constructed two driveways (the “Driveways”), built to City street standards, to connect the Road
Segment to the parking lot for the Project at points to be jointly determined by Collaborate and the
City, which are anticipated to require appropriate sloping to achieve a final elevation of
approximately five (5) feet above the Road Segment elevation, and will bear all costs associated
with such construction except for any labor and equipment provided by the City. Final completion
of the Driveways shall be achieved by no later than CO Issuance, as herein defined.
D. Land for Drainage. The DEDC will assist Collaborate with any drainage
retention/detention requirements triggered by the Project by providing land suitable to mitigate
such requirements.
3. City Obligations
A. Construction Assistance. The City will assist the DEDC’s effort to construct the
Roadway Segment and the Driveways by providing City personnel and City-owned equipment to
perform the construction work.
B. Ad Valorem Tax Rebate. The City will rebate to Collaborate all City ad valorem taxes
assessed and collected on the value of the Phase One Tract, for a period of thirty-six (36) months
from the Closing Date as herein defined.
4. DMD Obligations
A. Sales Tax Rebate. The DMD will rebate to Collaborate the DMD’s portion of the local
sales and use tax generated from each business that locates at the Project, for a period of five (5)
years. The Project will have multiple tenant spaces, and the five-term tax rebate period will apply

4

independently to each such space, to commence for each tenant space starting from the date that a
certificate of occupancy is issued to the first business to occupy that particular tenant space in the
Project, and will end on the fifth anniversary, regardless of any intervening vacancies or changes
in occupant of that particular space.
5. Collaborate Obligations
A. Purchase of the Property. Collaborate Special Projects LLC (“CSP”) shall purchase the
Phase One Tract from the DEDC for the price of one dollar and eleven cents ($1.11) per square
foot. CSP shall close on this purchase transaction no later than ninety (90) days after Plat Approval
(the “Closing Date”). The deed conveying the Phase One Tract from the DEDC to CSP shall
contain a right of reverter to run with the land, which right may be invoked by the DEDC in the
event any future owner of any portion of the Phase One Tract claims or receives an exemption
from ad valorem taxation.
B. Construction of the Project. The Project will consist of a retail center with a minimum
of 12,000 square feet of climate-controlled space. Collaborate shall cause to be constructed the
Project utilizing construction methods, durability of materials, and workmanship consistent with
B-class or better and 3 stars or better as rated by Costar for commercial developments of similar
type in the region. In addition, the Project shall have the following design elements:
i. All building façades except the rear façade shall be constructed of at least two
types of the following materials, with the primary material comprising at least sixty
(60) percent of said façade:
•

Brick masonry

•

Natural stone or cast stone

•

Glass curtain wall or storefront glazing

5

•

Aluminum composite material (ACM) panels

•

Fiber cement panels

•

Architectural precast concrete

•

High-pressure laminate panels

•

Terracotta cladding

Architectural metal panels
•

Wood or wood-look architectural accent systems

ii. Front façade shall provide at least sixty (60) percent transparency for the portion
between three (3) and eight (8) feet in height;
iii. Front façade shall feature at least two articulation elements (recesses or
projections);
iv. Full screening from view from a public street of all ground-level HVAC
equipment; and
v. Dumpster location behind the building with screening by a wall at least six (6)
feet in height.
vi. The following materials are expressly prohibited:
• Vinyl siding
• Corrugated metal siding (non-architectural grade)
• Exposed concrete masonry units without architectural finish
As used herein, “masonry” shall include brick, stone, stucco, and EIFS. The DEDC
shall have the right to review construction plans to ensure these required elements are
intended to be provided before construction commences.

6

1. Not later than one hundred eighty (180) days after the Closing Date, Collaborate
shall submit to the City a complete application for a permit to commence work toward
completion of the Project;
2. Not later than thirty-six (36) months after the Closing Date, Collaborate shall
complete the construction of the Project and obtain a certificate of occupancy (“CO
Issuance”).
C. Valuation. Collaborate covenants and warrants that after completion of the Project, that
the Phase One Tract will have a total (land and improvements) assessed valuation (the “Assessed
Value”) set by the Galveston County Appraisal District in January 2029 of not less than two million
dollars ($2,000,000).
D. Ownership.

After purchasing the Phase One Tract and during the term of this

Agreement, CSP agrees not to sell or convey any part of the Property to any other party except as
provided herein.
E. Documentation.

Upon the DEDC’s written request, Collaborate will promptly

provide to the DEDC any information reasonably necessary for the DEDC to determine if
Collaborate is complying with this Agreement. Collaborate will allow the City, the DEDC, and/or
the DMD access to the Project during regular business hours to inspect the retail center, tenant
spaces, and common areas to verify that Collaborate is complying with this Agreement, provided
Collaborate receives at least twenty-four (24) hours’ notice of the intent to conduct an inspection.
6. Remainder Tract
A. Option to Purchase. For a period of sixty (60) months from the Closing Date (the
“Option Period”), Collaborate shall have the option to purchase the Remainder Tract at the price
of one dollar and eleven cents ($1.11) per square foot.

7

B. Right of First Refusal. If Collaborate does not close on a purchase the Remainder Tract
during the Option Period, the DEDC shall be entitled to seek offers from third parties to purchase
the Remainder Tract. If the DEDC receives an offer from a potential buyer that it wishes to accept
(“First Offer”), it shall provide Collaborate a copy of the First Offer. If within ten (10) days of
receiving the First Offer Collaborate tenders to the DEDC a competing offer (“Competing Offer”)
to purchase the Remainder Tract at terms equal or better than the First Offer, in the sole reasonable
judgment of the DEDC, the DEDC shall accept Collaborate’s Competing Offer and the parties
shall proceed to promptly closing the transaction. If Collaborate does not tender a Competing Offer
with terms equal or better than the First Offer within the time allowed, the DEDC shall be entitled
to accept the First Offer and proceed with selling the Remainder Tract to that offeror.
C. Reverter. The parties agree that any deed conveying any portion of the Remainder Tract
shall contain the same reverter right described Paragraph 5.A.
D. Future Agreement. If Collaborate purchases the Remainder Tract and presents a
development plan for said property that the City Entities determine to be appropriate and desirable
to incentivize with public funds, the parties will enter into a further Chapter 380 agreement to set
forth those understandings.
7. Default and Termination
A. Notice of Default. No Party shall be in default under this Agreement until notice of the
alleged failure of such Party to perform, the nature of which is reasonably detailed, has been given
in writing; however, that Party shall be given a reasonable time to cure (“Cure Period”) the alleged
failure (such reasonable time to be determined based on the nature of the alleged failure, but, unless
otherwise stated in this Agreement or agreed to in writing by the Parties, in no event more than
sixty (60) days after written notice of the alleged failure has been received).

8

B. Termination. If notice of default is given as provided above and the Cure Period expires
with the defaulting Party is in still default, the non-defaulting Party may, at its option and without
prejudice to any other right or remedy under this Agreement or available by law, terminate the
Agreement by providing written notice of termination to the defaulting Party, which termination
takes effect seven (7) days after receipt of said notice.
8. Indemnification and Hold Harmless
COLLABORATE (INCLUDING ANY SUCCESSOR ENTITY) AGREES TO RELEASE,
DEFEND, HOLD HARMLESS, AND INDEMNIFY THE CITY ENTITIES FROM AND
AGAINST ALL CLAIMS, SUITS, JUDGMENTS, DAMAGES, AND DEMANDS, KNOWN
OR UNKNOWN, OR WHATSOEVER NATURE (TOGETHER, “CLAIMS”), ASSERTED BY
ANY THIRD-PARTY AGAINST ANY CITY ENTITY, INCLUDING REASONABLE
ATTORNEY’S FEES AND OTHER COSTS, ARISING OUT OF THE PERFORMANCE OR
BREACH OF THIS AGREEMENT BY COLLABORATE, EXCEPT FOR CLAIMS WHEREIN
THE NEGLIGENCE, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR BREACH OF
THIS AGREEMENT BY ANY CITY ENTITY IS DETERMINED TO BE THE PRIMARY
PRXIMATE

CAUSE

OF

THE

DAMAGES

CLAIMED.

THE

PARTY

SEEKING

INDEMNIFICATION ("INDEMNIFIED PARTY") SHALL (i) PROVIDE PROMPT WRITTEN
NOTICE

TO

THE

INDEMNIFICATION

INDEMNIFYING
IS

SOUGHT,

PARTY

(ii)

OF

GRANT

ANY
THE

CLAIM

FOR

WHICH

INDEMNIFYING

PARTY

REASONABLE CONTROL OVER THE DEFENSE AND SETTLEMENT OF SUCH CLAIM,
AND (iii) COOPERATE REASONABLY WITH THE INDEMNIFYING PARTY IN THE
DEFENSE THEREOF. NO SETTLEMENT THAT IMPOSES LIABILITY OR OBLIGATIONS
ON THE INDEMNIFIED PARTY SHALL BE MADE WITHOUT THE INDEMNIFIED
9

PARTY'S PRIOR WRITTEN CONSENT, WHICH SHALL NOT BE UNREASONABLY
WITHHELD.
9. Additional Provisions
A. Assignability. The parties intend that this Agreement may be assigned by Collaborate
to Village Center Retail and Office LLC within twelve (12) months of CO Issuance. This
Agreement may not be assigned by Collaborate or Village Center Retail and Office LLC to any
other person or entity unless the DEDC consents in writing to the assignment.
B. Notice. Any notice provided or permitted to be given under this Agreement must be in
writing and may be served by (i) depositing the same in the United States mail, addressed to the
Party to be notified, postage prepaid, registered or certified mail, return receipt requested; or (ii)
by delivering the same in person to such Party; or (iii) by overnight or messenger delivery service
that retains regular records of delivery and receipt; or (iv) by facsimile or other electronic
transmission; provided a copy of such notice is sent within one (1) day thereafter by another
method provided above. The initial addresses of the Parties for the purpose of notice under this
Agreement shall be as follows:
If to the City:

Chaise Cary, City Manager
4403 State Highway 3
Dickinson, Texas 77539

With copy to:

Nghiem Doan, City Attorney
4403 State Highway 3
Dickinson, Texas 77539

If to DEDC:

David Funk, Executive Director
Dickinson Economic Development Corporation
4403 State Highway 3
Dickinson, Texas 77539

With copy to:

Nghiem Doan, Corporation Counsel
4403 State Highway 3
Dickinson, Texas 77539
10

If to the DMD:

Board President
Dickinson Management District No. 1
4403 State Highway 3
Dickinson, Texas 77539

With copy to:

Nghiem Doan, District Counsel
4403 State Highway 3
Dickinson, Texas 77539

If to Collaborate:

Saul Valentin, CEO
1206 Nance Street,
Houston, Texas 77002

With copy to:

Martin Needle, COO
1206 Nance Street,
Houston, Texas 77002

C. Interpretation. All exhibits attached and referred to in this Agreement are hereby
incorporated herein as if fully set forth in (and shall be deemed to be a part of) this Agreement.
Section headings shall not be used in construing this Agreement. Each party acknowledges that
such party and its counsel, after negotiation and consultation, have reviewed and revised this
Agreement. As such, the terms of this Agreement shall be fairly construed and the usual rule of
construction, to wit, that ambiguities in this Agreement should be resolved against the drafting
party, shall not be employed in the interpretation of this Agreement or any amendments,
modifications or exhibits hereto or thereto.
D. Time. In this Agreement, time is of the essence and compliance with the times for
performance herein is necessary and required.
E. Authority and Enforceability. The City Entities represent and warrant that this
Agreement has been approved by official action of the City Council, the DEDC board of directors,
and the DMD board of directors, in accordance with all applicable public notice requirements
(including, but not limited to, notices required by the Texas Open Meetings Act) and that the

11

individuals executing this Agreement on behalf of the City Entities have been and are duly
authorized to do so. Collaborate represents and warrants that this Agreement has been approved
by appropriate action of Collaborate, and that each individual executing this Agreement on behalf
of Collaborate has been and is duly authorized to do so. Each Party respectively acknowledges and
agrees that this Agreement is binding upon such Party and is enforceable against such Party, in
accordance with its terms and conditions and to the extent provided by law.
F. Severability. This Agreement shall not be modified or amended except in writing signed
by the Parties. If any provision of this Agreement is determined by a court of competent
jurisdiction to be unenforceable for any reason, then: (a) such unenforceable provision shall be
deleted from this Agreement; (b) the unenforceable provision shall, to the extent possible and upon
mutual agreement of the Parties, be rewritten to be enforceable and to give effect to the intent of
the Parties; and (c) the remainder of this Agreement shall remain in full force and effect and shall
be interpreted to give effect to the intent of the Parties.
G. Applicable Law; Venue. This Agreement is entered into pursuant to and is to be
construed and enforced in accordance with, the laws of the State of Texas, and all obligations of
the Parties are performable in Galveston County. Exclusive venue for any action related to, arising
out of, or brought in connection with this Agreement shall be in the Galveston County State District
Court.
H. Non-Waiver. The failure of any Party to insist in any one or more instances on the
performance of any of the terms, covenants, or conditions of this Agreement, or to exercise any of
its rights, shall not be construed as a waiver or relinquishment of such term, covenant, or condition,
or right with respect to further performance.

12

I. Force Majeure. A Party whose performance of any obligation under this Agreement is
delayed by a Force Majeure Event, as herein defined (“Impacted Party”), may have its performance
tolled for the duration of such delay, but only to the extent such delay is not caused or could not
have reasonably be anticipated, mitigated, or avoided by the Impacted Party, and only if the
Impacted Party has provided prompt notice of the Force Majeure Event to all other Parties. Force
Majeure Events shall include: (a) unavoidable major casualty loss from flood, fire, hurricane,
earthquake or explosion; (b) declared national or regional emergency, including health
emergencies; (c) major labor disputes; and (d) severe abnormal weather conditions.
J. Complete Agreement. This Agreement, together with the Exhibits hereto, contains the
entire agreement of the parties hereto and supersedes and replaces any letter of intent or term sheet
between the parties, which the parties hereby agree is null and void and of no further force or
effect. There are no other agreements, oral or written, and this Agreement can be amended only
by written agreement signed by all parties.
K. Employment of Undocumented Workers. During the term of this Agreement,
Collaborate agrees not to knowingly employ any undocumented workers and if convicted of a
violation under 8 U.S.C. Section 1324a (f), Collaborate shall repay the amount of any
Reimbursement Payment or other funds received by Collaborate from the City from the date of
this Agreement to the date of such violation within 120 days after the date Collaborate is notified
by the City of such violation, plus interest at the rate of 4% compounded annually from the date
of violation until paid. Collaborate is not liable for a violation of this section by a subsidiary,
affiliate, or franchisee of Collaborate or by a person with whom Collaborate contracts.
L. Statutory Verifications. Collaborate makes the following representation and covenants
pursuant to Chapters 2252, 2271, 2274, and 2276, Texas Government Code, as heretofore amended

13

(the “Government Code”), in entering into this Agreement. As used in such verifications,
“affiliate” means an entity that controls, is controlled by, or is under common control with
Collaborate within the meaning of SEC Rule 405, 17 C.F.R. § 230.405, and exists to make a profit.
Liability for breach of any such verification during the term of this Agreement shall survive until
barred by the applicable statute of limitations, and shall not be liquidated or otherwise limited by
any provision of this Agreement, notwithstanding anything in this Agreement to the contrary.
Collaborate verifies that it (1) does not boycott Israel and will not during the term of
this Agreement per Section 2271.002; (2) is not engaged in business with Iran, Sudan, or a
company identified on a list prepared and maintained under Sections 806.051, 807.051, or
2252.153 per Section 2252.152; (3) does not boycott energy companies and will not during
the term of this Agreement per Section 2276.002; and (4) does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade association
and will not during the term of this Agreement per Section 2274.002.
M. Form 1295 Certificate of Interested Parties. Prior to its execution of this Agreement,
Collaborate agrees to file with the City pursuant to Texas Government Code, Section 2252.908 a
signed and completed Texas Ethics Commission (“TEC”) Form 1295 and a certification of filing
with TEC.

[SIGNATURE PAGES FOLLOW, AND THE REMAINDER OF THIS
PAGE IS INTENTIONALLY LEFT BLANK]

14

IN TESTIMONY OF WHICH, THIS AGREEMENT has been executed by the Parties on
this ______ day of ________________ 2026 (the “Effective Date”).

COLLABORATE DEVELOPMENT LLC
By:

Saul Valentin
Title: Member
Name:

ATTEST:
By:
Name:
Title:

COLLABORATE SPECIAL PROJECTS LLC
By:

Name: Saul Valentin
Title:
ATTEST:
By:
Name:
Title:

15

Member

Scanned with CamScanner

ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF Harris

§
§
§

23 day of _________________
This instrument was acknowledged before me on the _____
April
Member
2026, by ___________________________,
the ___________________________________
of
Saul Valentin
Collaborate Development LLC, a limited liability company authorized to do business in the State
of Texas, for and on behalf of said company.
Elizabeth B. Valentin
__________________________________________
Notary Public in and for the State of Texas
6-10-2028
My Commission Expires: __________
(SEAL)

ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF Harris

§
§
§

This instrument was acknowledged before me on the _____
April
23 day of _________________
Member
2026, by ___________________________,
the ___________________________________
of
Saul Valentin
Collaborate Special Projects LLC, a limited liability company authorized to do business in the
State of Texas, for and on behalf of said company.

Elizabeth B. Valentin
__________________________________________
Notary Public in and for the State of Texas
My Commission Expires: 6-10-2028
__________
(SEAL)

17

Scanned with CamScanner

ACKNOWLEDGMENT
THE STATE OF TEXAS

§
§
COUNTY OF GALVESTON §
This instrument was acknowledged before me on the _____ day of _________________
2026, by ___________________________, President of the Board of Directors of the Dickinson
Management District No. 1, for and on behalf of said District.
__________________________________________
Notary Public in and for the State of Texas
(SEAL)

My Commission Expires: __________

19

Bayou Village East
Exhibit B – Description of Land

The northwest corner of the property described in Exhibit A, comprised of a 1.7 acre tract with
the following configuration

Bayou Village East
Exhibit C – Description of Land

The parcel that remains after the tract shown in Exhibit B is subdivided from the property shown
in Exhibit A.

Dickinson City Council
Agenda Item Data Sheet
6.C

MEETING DATE:

July 14, 2026

TOPIC:

Consideration and possible action on the appointment of one regular
member and two alternate members to the Board of Adjustment.
(Administration)

BACKGROUND:

This item was postponed due to lack of applicants. It has been placed on this
Agenda to comply with Robert's Rules of Order for postponed items.

RECOMMENDATION:
ATTACHMENTS:
FUNDING ISSUES:

Not applicable - no dollars are being spent or received.

FINANCE VERIFICATION OF FUNDING:

n/a
SUBMITTING STAFF MEMBERS:

CITY MANAGER APPROVAL:

Claude Oliver

APPROVAL

NO

ACTIONS TAKEN
READINGS PASSED

OTHER

n/a

Dickinson City Council
Agenda Item Data Sheet
7.A

MEETING DATE:

July 14, 2026

TOPIC:

ORDINANCE NUMBER XXX-2026 - Consideration and possible action
regarding adoption of an ordinance to regulate battery energy storage
systems within the City. (Townsend)

BACKGROUND:

Presentation of an ordinance to regulate battery energy storage systems.
Council directed staff to draft an Ordinance for the City of Dickinson.

RECOMMENDATION:
ATTACHMENTS:

• BESS Ordinance.pdf

FUNDING ISSUES:

Not applicable - no dollars are being spent or received.

FINANCE VERIFICATION OF FUNDING:

n/a
SUBMITTING STAFF MEMBERS:

CITY MANAGER APPROVAL:

Claude Oliver

APPROVAL

NO

ACTIONS TAKEN
READINGS PASSED

OTHER

n/a

ORDINANCE NO. XXX-2026
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY
OF DICKINSON, TEXAS, BY AMENDING SECTION 18-11.3, ENTITLED
“PUBLIC AND CIVIC USE CATEGORIES,” SECTION 18-14, ENTITLED
“CONDITIONAL USE STANDARDS,” AND SECTION 18-50, ENTITLED
“DEFINITIONS,” OF CHAPTER 18, ENTITLED UNIFIED DEVELOPMENT
CODE, TO ADOPT REGULATIONS RELATED TO BATTERY ENERGY
STORAGE SYSTEMS; PROVIDING FOR CODIFICATION, PUBLICATION,
AND AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS,
as follows:
Section 1. That Section 18-11.3, entitled “Public and Civic Use Categories,” of Chapter
18, entitled “Unified Development Code,” is AMENDED to amend Table 18-11.3.-9 to add
Battery Energy Storage Systems to the list of Major Utilities.
Section 2. That Section 12-14, entitled “Conditional Use Standards,” of Chapter 18,
entitled “Unified Development Code,” is AMENDED to add a new Subsection 18-14 (e) (2), as
shown in Exhibit A attached hereto.
Section 3. Section 12-50, entitled “Definitions,” of Chapter 18, entitled “Unified
Development Code,” is AMENDED to add the following definitions:
Battery means an electrochemical device designed to store electrical energy for
future use.
Battery Analytics Software means a cloud-based software solution using energy
storage system raw data collected by the battery management system and applies
physics-based algorithms to offer immediate and predictive detection of thermal
runaway and its associated root causes.
Battery Energy Storage System (BESS) means one or more batteries assembled
together into a system designed to store electrical energy received from the
electrical grid during periods of low electricity demand in order to supply electrical
energy back to the grid when additional electricity is needed during periods of high
electricity demand.
Section 4. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance
is for any reason held invalid, unconstitutional or otherwise unenforceable by any court of
Page 1 of 7

competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision
and such holding shall not affect the validity of the remaining portions thereof.
Section 5. All ordinances and parts of ordinances in conflict herewith are hereby repealed
but only to the extent of such conflict.
Section 6. It is the intent of the City Council of the City of League City, Texas, that the
provisions of this Ordinance shall be codified in the City's official Code of Ordinances as provided
hereinabove.
Section 7. The City Secretary shall cause this Ordinance, or its caption, to be published in
the official newspaper of the City of Dickinson, upon passage of such Ordinance. The Ordinance
shall become effective immediately upon passage.
PASSED on first reading on ____________________.
PASSED and ADOPTED on second reading on ____________________.

___________________________________
TRAVIS MAGLIOLO
Mayor

ATTEST:
___________________________________
CLAUDE ALLEN OLIVER
City Secretary
APPROVED AS TO FORM:
___________________________________
NGHIEM V. DOAN
City Attorney

Page 2 of 7

EXHIBIT A
Section 18-14 (e) (2) Battery Energy Storage Systems (BESS)
a. Classification. BESS facilities shall be classified as a “Major Utility” and subject to the
requirements in this subsection in addition to all other regulations applicable to major utilities.
b. Conditional Use Permit Application Requirements.
i. Application Fee: A $5,000 fee is due at time of application submittal in
addition to the standard Conditional Use Permit application fees.
ii. CUP application contents.
(A) Site plan indicating the distance between battery containers and
distance from all adjacent property lines and structures;
(B) Landscaping and screening plan;
(C) Elevations and renderings/illustrations;
(D) Hazard mitigation analysis;
(E) Plume modeling as herein required;
(F)
Water flow analysis approved by the Dickinson Water Control and
Improvement District that confirms sufficient water infrastructure and
supply to support the firefighting demands in the event of an emergency.
(G) Fire management plan that provides for containment of firefighting
water; and
(H) Such other information as the city deems reasonably necessary
to administer this division.
c. Site Reviews and Inspections.
i. The City will contract with a 3rd party expert to review all BESS sites for
compliance with applicable life/safety requirements. The 3rd party expert
will produce a report addressing the following for each proposed site:
(A) General Safety Analysis of the proposed site;
(B) Compliance with applicable standard codes and regulations;
(C) Review of building permit;
(D) Results of inspections conducted during construction and a final
inspection performed prior to operations commencing; and
(E) Any other matters requested by the City.
ii.
The applicant shall reimburse the City for all costs incurred to obtain the
report from the third-party expert, prior to consideration of the CUP
application by the Planning and Zoning Commission.
d. Fire and life safety.
i. BESS facilities shall comply with applicable standard codes and
regulations, including but not limited to, the following fire codes and
regulations, as amended and updated:
(A) 2018 IFC and the listed NFPA references within the IFC.
(B) NFPA 855 (2023): Standard for the Installation of Stationary
Page 3 of 7

Energy Storage Systems.
ii.
iii.

iv.
v.

vi.

Every BESS facility shall have installed and maintained in proper working
order at all times, an air monitoring system for detection of harmful vapors
or gases.
Prior to issuance of a certificate of occupancy for a BESS facility, the
owner or operator shall provide the fire department with all equipment
necessary to monitor and test the air and water for any hazards at these sites
during emergencies.
The owner or operator of a BESS facility shall make available, at no cost, to
the fire department and mutual aid agencies annual training for emergency
response and hazard mitigation at a BESS facility.
Upon request of the Fire Marshal, the owner or operator of a BESS facility
shall provide to the fire department, at no cost, all specialized equipment
and gear necessary for members of such fire department to provide
emergency response and hazard mitigation at that BESS facility.
All BESS facilities shall have a redundant 24/7 site monitoring system to
detect and provide warning of conditions indicating risk of thermal
runaway. Such system shall be subject to the following requirements:
The system shall have detectors for temperature, gases, and smoke
(A)
installed.
(B)
System alerts and detection warnings of a potential thermal
runaway, smoke detector activation, or gas detector activation shall be sent
to local emergency services (Fire and Police Departments), site and remote
operators, and owners.
(C)
Alerts and detections of a potential thermal runaway, smoke
detector activation, or gas detector activation shall trigger BESS unit
shutdown and exhaust fan initiation at a minimum.
(D)
All critical safety systems and remote monitoring systems shall have
a secondary source of power in the event of a power failure.
(E)
(F)
For additional safety and redundancy of a commercial energy
storage system (ESS) installation, a Battery Analytics software system shall
be required to monitor the data produced by the Battery Management System
(BMS). Indications of a potential failure shall be immediately transmitted to
the energy storage system operator and to the fire department.

e. Emergency response.
i.
Prior to issuance of a certificate of occupancy for a BESS facility, the
owner or operator shall obtain the city’s approval of an Emergency
Response Plan that contains the following:
(A)
Procedures for safe shutdown, de-energizing, or isolation of
equipment and systems under emergency conditions to reduce the risk of
fire, electric shock, release of liquids or vapors, damage to critical moving
parts, and personal injuries, and for safe start-up following cessation of
emergency conditions.
Page 4 of 7

(B)
Procedures for safe removal of BESS equipment damaged in a fire
or other emergency event.
(C)
The requirement that upon any emergency response reaching a
duration of twelve (12) hours, engagement by the BESS owner or operator
of a third-party hazardous materials company to respond to monitor and
mitigate any release of hazardous materials until the conclusion of the
event.
(D)
Procedures for inspection and testing of associated alarms,
interlocks, and controls.
(E)
Procedures for response to notifications from the Battery Energy
Storage Management System, when provided, that could signify potentially
dangerous conditions, including shutting down equipment, summoning
service and repair personnel, and providing agreed upon notification to fire
department personnel for potentially hazardous conditions in the event of a
system failure.
(F)
Preparation for natural disasters and/or extreme environmental
conditions such as high ambient temperatures and/or humidity, including
how flooding or brackish water would affect the BESS devices if
compromised and emergency procedures for mitigating the negative effects
of such events.
(G)
A plan showing the capability of providing battery backup power
for as long as it takes for a permanent (generator) power source to be put in
place, detailing emergency backup power will be maintained until normal
power is restored, especially during a natural disaster.
(H)
A firm commitment to reimburse the city all costs associated with
responding to any incident at the BESS facility.
f. Listing and Testing of Site. The following standards are applicable to the listing and
full-scale testing of stationary energy storage systems. The City may accept battery
systems listed and tested to later editions of these standards when necessary to address
evolving standards applicable to a rapidly developing technology.
i.

All stationary energy storage systems shall be tested and listed by a
nationally recognized testing laboratory to the following standards:
(A) Underwriters Laboratories (UL) Standard 1741, entitled “Inverters,
Converters, Controllers and Interconnection System Equipment for Use
with Distributed Energy Resources;”
(B) Underwriters Laboratories (UL) Standard 1973, entitled “Batteries
for Use in Light Electric Rail (LER) Applications and Stationary
Applications”;
(C) Underwriters Laboratories (UL) Standard 9540, entitled “Energy
Storage Systems and Equipment”; and
(D) Underwriters Laboratories (UL) Standard 1642, entitled “Standard
for Lithium Batteries.”
Page 5 of 7

ii.

Full-scale testing. Stationary energy storage systems shall be tested to
Underwriters Laboratories (UL) Test Method 9540A, entitled “Safety Test
Method for Evaluating Thermal Runaway Fire Propagation in Battery
Energy Storage Systems,” or other approved standard or test data; and shall
be subjected to a large-scale destructive fire test of a complete BESS.
g. Supervision of Site. A stationary energy storage system shall be operated and
maintained under the general supervision of a technical expert held to the following
standards:
i. Be trained and knowledgeable in the installation, maintenance, and
operation of the battery system, such as a person engaged in the design or
installation of such systems;
ii. Possess the manufacturer’s installation and operating specifications for each
battery system and any associated fire protection systems;
iii. Required to immediately report any emergency condition affecting a battery
system to the Fire Department; and
iv.
Provide technical assistance about the stationary energy storage system
installation to the Department and, in coordination with the energy storage
management system monitoring facility, identify a subject matter expert
(such as a representative of the manufacturer) who can provide technical
assistance about the battery’s design and performance in the event of an
emergency condition affecting the battery system.
h. Insurance. The owner or operator of the BESS facility shall provide and maintain a
policy of commercial liability insurance, as evidenced by a certificate of insurance,
acceptable to the city manager, and naming the city as an Additional Insured.
i. Decommissioning.
i.

Upon the ceasing of operations or the end of life of the facility, whichever
comes first, the site shall be decommissioned based on the following
criteria:
(A)
The owner/operator shall notify the city, the Fire Chief, and the Fire
Marshal before any work is started;
(B)
All above and below ground features (i.e. containers, underground
utilities, foundations, gravel, etc.) shall be removed from the site with the
exception of the drainage improvements and access road. The site shall be
returned to its natural pre-construction ground state;
(C)
All material removed from the site shall be disposed, reused, and
recycled in accordance with state and federal requirements; and
(D)
Any adverse substances that may have entered the ground during the
course of operations shall be removed from the property and properly
disposed of.

ii.

The owner of a BESS facility shall provide to the city, before a certificate
of occupancy may be issued, a Decommissioning Bond, with the owner as
Page 6 of 7

the Principal and the City as oblige, which shall become effective on or
before the beginning of operations at the site and shall remain in force until
the property is fully decommissioned. The amount shall be based on a
Professional Engineer’s signed and sealed estimate of current costs to
decommission the site, at build-out, with an adjusted inflation rate based on
the average CPI over the last 10 years from the U.S. Bureau of Labor
Statistics.
j. On-site Signage. The operator of the BESS site shall post in a conspicuous
location at all entrances to the facility signage meeting the following criteria:
i.
Reflective and weatherproof and shall be placed at all entrance gates
to the facility, as well as on the entrance to any buildings that may house
any components of the BESS;
ii.
Lettering shall be a minimum letter height of 3/8” permanently
affixed;
iii.
The sign shall display the following information:
(A)
24/7 Contact Information;
(B)
Types of battery technology utilized by the BESS;
(C)
Any special hazards associated with the BESS;
(D)
Type of suppression system installed;
(E)
Disconnect and other emergency shutoff information; and
(F)
Command Center location.
iv.
The sign shall be inspected annually to ensure its structural integrity
and to determine if any additional information is required.
k. Plume Modeling. To determine the potential toxic risk to those in proximity to
the BESS, including responding firefighters, a plume analysis shall be performed.
The plume analysis shall utilize appropriate modeling to evaluate worst-case
scenarios with varying weather conditions and toxic gas release rates. The plume
study shall address toxicity hazards based on toxic gases expected to be released
based on gas composition measurements from the cell and module level testing
pursuant to UL9540A or other testing. The plume analysis shall include battery
failures with both flaming and non-flaming scenarios. These scenarios should be
based on results from relevant tests such as UL 9540A tests and include modeling
of a full propagation event involving an entire BESS enclosure. The modeling of
multiple BESS enclosure failures shall not be required except where testing or
analysis indicates that this is to be reasonably expected. Model assumptions,
techniques, results, and a summary document shall be provided in a report. The
plume study shall be conducted by a qualified firm with experience in plume
modeling for battery energy storage systems.
l. Transfer of Ownership. The owner shall provide written notification to the City
at least thirty (30) days prior to any change in ownership of a BESS facility. A
change in ownership includes any kind of assignment, sale, lease, transfer, or other
conveyance of ownership or operating control of the owner, the BESS facility, or
any portion thereof.
Page 7 of 7

Dickinson City Council
Agenda Item Data Sheet
7.B

MEETING DATE:

July 14, 2026

TOPIC:

RESOLUTION NUMBER XXX-2026 - Consideration and possible action
to approve a Resolution of the City Council of the City of Dickinson, Texas,
authorizing the City Manager or Designee to enter into a multiple use
agreement with the Texas Department of Transportation allowing the
installation and operation of automated license plate recognition cameras in
Texas Department of Transportation Rights-Of-Way. (Police Department)

BACKGROUND:

The DPD is requesting TXDOT authorization to locate four of our existing
Flock ALPR Cameras to State right-of-way. The four FLOCK ALPR
cameras that we want to relocate to the State right-of-way are currently
located on the city right-of-way.

RECOMMENDATION:
ATTACHMENTS:

• Flock Camera Relocation to TXDOT ROW.pdf
• MULTIPLE USE AGREEMENT.pdf
• MUA Attachment B.pdf

FUNDING ISSUES:
FINANCE VERIFICATION OF FUNDING:

n/a
SUBMITTING STAFF MEMBERS:

CITY MANAGER APPROVAL:

Claude Oliver

APPROVAL

NO

ACTIONS TAKEN
READINGS PASSED

OTHER

n/a

RESOLUTION NO. XXX-2026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON,
TEXAS, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ENTER
INTO A MULTIPLE USE AGREEMENT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION ALLOWING THE INSTALLATION AND OPERATION OF
AUTOMATED LICENSE PLATE RECOGNITION CAMERAS IN TEXAS
DEPARTMENT OF TRANSPORTATION RIGHTS-OF-WAY
WHEREAS, the City Council of the City of Dickinson, Texas (the “City”), has determined that
the addition of Automatic License Plate Recognition (ALPR) cameras will increase public safety and aid
the City’s Police Department in its crime prevention efforts and strategies; and
WHEREAS, the City Council desires to engage with the Texas Department of Transportation
(TxDOT) to request that Flock Safety be allowed to place its ALPR cameras in various TxDOT rights-ofway in the City and on behalf of the City; and
WHEREAS, the City Council finds it to be in the public interest to authorize the City Manager to
sign a Multiple-Use Agreement with TxDOT to allow the use described above; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF DICKINSON, TEXAS, THAT:
Section 1. The facts and matters set forth in the preamble of this Resolution are hereby found to be
true and correct and are incorporated herein for all purposes.
Section 2. The City Manager is hereby authorized to execute the Multiple Use Agreement attached
hereto as Exhibit A for the installation and operation of ALPR cameras in the TxDOT right-of-way.
Section 3. This Resolution shall take effect immediately upon its adoption by the City Council.
PASSED AND APPROVED by the City Council of the City of Dickinson, Texas, on the 14th day of July
2026.
APPROVED
____________________________________
TRAVIS MAGLIOLO,
Mayor
ATTEST:
____________________________________
CLAUDE A. OLIVER,
City Secretary
APPROVED AS TO FORM:
____________________________________
NGHIEM V. DOAN,
City Attorney

Form 2044 (Rev. 8/21)
Page 1 of 10

STATE OF TEXAS

MULTIPLE USE AGREEMENT
§

COUNTY OF TRAVIS §
THIS AGREEMENT made by the State of Texas by and between the Texas Department of
Transportation, hereinafter referred to as “State”, party of the first part, and
the CityName
of Dickinson, Texas
Entity

, hereinaf ter called

Name fCity
or Contract

,

party of the second part, is to become effective when fully executed by both parties.

WITNESSETH
WHEREAS, on the
body for the

14th
day

month July
of the year

day of

26
, 20 XX

, the governing

Name f or
Contract , entered into Resolution/Ordinance No.
City

hereinaf ter identified by reference, authorizing the

Ordinance
-2026
City ’s participation in this
Name f or Contract

agreement with the State; and
WHEREAS, the

Name fCity
or Contract

has requested the State to permit the construction,

maintenance and operation of a public

work
to be
installed cameras
AutomatedPublic
License
Plate
Recognition

on the highway right of way, (ROADWAY

NameB
allHighway
in Attachment

CONTROL SECTION NO. Ctrl No. ).

(General description of area including either the control number or GPS coordinates.)
shown graphically by the preliminary conceptual site plan in Exhibit “A” and being more specifically
described by metes and bounds of Exhibit “B”, which are attached and made a part hereof; and
WHEREAS, the State has indicated its willingness to approve the establishment of such facilities
and other uses conditioned that the Name fCity
or Contract will enter into agreements with the State for
the purpose of determining the respective responsibilities of the

City
Name f or
Contract

and the State with

ref erence thereto, and conditioned that such uses are in the public interest and will not damage the highway
f acilities, impair safety, impede maintenance or in any way restrict the operation of the highway facility, all as
determined from engineering and traffic investigations conducted by the State.

Form 2044 (Rev. 8/21)
Page 2 of 10

AGREEMENT

NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it
is agreed as follows:
1. DESIGN AND CONSTRUCTION
Name fCity
or Contract

will prepare or provide for the construction plans for the facility, and will provide

f or the construction work as required by said plans at no cost to the State. Said plans shall include t he
design of the access control, necessary horizontal and vertical clearanc es f or highway s truc tures ,
adequate landscape treatment, adequate detail to ensure compliance with applicable structural design
standards, sufficient traffic control provisions, and general layout. They shall also delineate and define
the construction responsibilities of both parties hereto. Completed plans will be submitted to S tat e f or
review and approval and when approved shall be attached to the agreement and made a part t hereof
in all respects. Construction shall not commence until plans have been approved b y t he S tat e. A ny
f uture revisions or additions shall be made after prior written approval of t he St ate. A ny sidewalks,
curb ramps and other pedestrian elements to be constructed, either on site or off site, by the
Name fCity
or Contract shall be in accordance with the requirements of Title II of the Americans With
Disabilities Act (ADA) and with the Texas Accessibility Standards (TAS). Elements constructed by the
Name fCity
or Contract and f ound not to comply with ADA or TAS shall be corrected at the entire expense
Contract .
of the Name forCity
2. INSPECTION
Ingress and egress shall be allowed at all times to such facility for Federal Highway A dminist ration
personnel and State Forces and equipment when highway maintenance operations are nec es sary,
and f or inspection purposes; and upon request, all parking or other activities for periods req uired f or
such operations will be prohibited.
3. PARKING REGULATIONS
Parking regulations shall be established limiting parking to single unit motor v ehicles of size and
capacity no greater than prescribed for 11/2 ton trucks, such vehicles to c onf orm in s ize and us e t o
governing laws. Parking shall be permitted only in marked spaces.
Parking shall be prohibited when a security threat, as determined by TxDOT, exists.

Form 2044 (Rev. 8/21)
Page 3 of 10

4. PROHIBITION/SIGNS
Regulations shall be established prohibiting the parking of vehicles transporting f lammable or
explosive loads and prohibiting use of the area in any manner f or p eddling, advert ising or o ther
purposes not in keeping with the objective of a public facility. The erection of signs other t han t hos e
required f or proper use of the area will be prohibited. All signs shall be approved by the State prior t o
the actual erection.
5. RESPONSIBILITIES
Timely maintenance, repair and operation of the facility shall be entirely the responsibility of the
Name fCity
or Contract . Such responsibility shall not be transferred, assigned or conveyed to
a third party without the advanced written approval of the State. These responsibilities expressly
include the timely maintenance and repair of any portion of the facility necessary to comply with the
Americans with Disabilities Act. Further, such responsibility shall include picking up trash, mowing and
otherwise keeping the facility in a clean and sanitary condition, and surveillance by police patrol to
eliminate the possible creation of a nuisance or hazard to the public. Hazardous or unreasonably
objectionable smoke, fumes, vapor or odors shall not be permitted to rise above the grade line of the
highway, nor shall the facility subject the highway to hazardous or unreasonably objectionable
dripping, droppings or discharge of any kind, including rain or snow.
Name f City
or Contract

If the State determines that

it will perf orm the necessary work and charge

has f ailed to comply with these responsibilities,

Name fCity
or Contract

the actual cost of the work.

6. FEES
Any f ees levied for use of the facilities in the area shall be nominal and no more than are sufficient t o
def ray the cost of construction, maintenance and operations thereof, and shall be s ubject t o S tat e
approval.
A. Retention Period. The

Name f City
or Contract

shall maintain all books, documents, papers,

accounting records and other evidence pertaining to fees collected and costs (hereinafter called
Name fCity
or Contract shall make the records available during the term of
the Records). The
the Agreement and for four years from the date the Agreement is terminated, until completion of
all audits, or until pending litigation has been completely and fully resolved, whichever occurs last.
City
Contract
B. Audit Report. If fees are collected by the Name for

f or t he use of t he f acility

under this agreement, the Name f or
CityContract will provide the State an annual audit report
detailing the f ees collected for the use of the f acility and the costs associated with constructing,
maintaining, and operating the f acility within the same period. If the report shows more f ees
collected than expenses for the construction, operation, or maintenance of the f acility the
Name fCity
or Contract

must provide a multiple year plan detailing how the additional revenue

will be used for construction, operation, or maintenance of the facility.

Form 2044 (Rev. 8/21)
Page 4 of 10

C. Availability. The State or any of its duly authorized representatives, the Federal Highway
Administration, the United States Department of Transportation, Office of Inspector General, and
the Comptroller General shall have access to the

Name f or Contract
City 's records that are

directly pertinent to this Agreement for the purpose of making audits and examinations.
7. TERMINATION UPON NOTICE
This provision is expressly made subject to the rights herein granted to both parties to terminate t his
agreement upon notice, and upon the exercise of any such right by either party, all obligations herein
to make improvements to said facility shall immediately cease and terminate and
Name fCity
or Contract
shall be responsible for the facility's timely removal at no cost to the State.
If the State determines that

Name fCity
or Contract

perf orm the necessary work and charge

has f ailed to timely remove the facility, it will

Name fCity
or Contract

the actual cost of the work.

8. MODIFICATION/TERMINATION OF AGREEMENT
If in the sole judgment of the State it is f ound at any f uture time that traf f ic conditions have so
changed that the existence or use of the facility is impeding maintenance, damaging t he highway
f acility, impairing saf ety or that the f acility is not being properly operated, that it constitutes a
nuisance, is abandoned, or if for any other reason it is the State’s judgment that such facility is not in
the public interest, this agreement under which the facility was constructed may b e: (1) mo dif ied if
corrective measures acceptable to both parties can be applied to eliminate the objectionable features
of the facility; or (2) terminated and the use of the area as proposed herein discontinued.
9. PROHIBITION OF STORAGE OF FLAMMABLE MATERIALS
All structures located or constructed within the area covered by the agreement shall be fire resistant.
The storage of flammable, explosive or hazardous materials is prohibited. Operations deemed t o be
a potential fire hazard shall be subject to regulation by the State.
10. RESTORATION OF AREA
Name fCity
or Contract shall provide written notification to the State that such facility will be
The
discontinued for the purpose defined herein. The

Name fCity
or Contract

shall, within thirty (30) days

f rom the date of said notification, clear the area of all facilities that were its construction responsibility
under this agreement and restore the area to a condition satisfactory to the State.
11. PREVIOUS AGREEMENTS
It is understood that this agreement in no way modifies or supersedes the terms and provisions of any
existing agreements between the parties hereto.

Form 2044 (Rev. 8/21)
Page 5 of 10

12. INDEMNIFICATION
CityContract
THE
Name f or

WILL INDEMNIFY THE STATE AGAINST ANY AND ALL

DAMAGES AND CLAIMS FOR DAMAGES, INCLUDING THOSE RESULTING FROM INJURY
OR DEATH OF PERSONS OR FOR LOSS OF OR DAMAGE TO PROPERTY, ARISING OUT OF,
INCIDENT TO OR IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, OPERATION
OR MAINTENANCE OF THE FACILITY, WHICH INDEMNIFICATION SHALL EXTEND TO
AND INCLUDE ANY AND ALL COURT COSTS, ATTORNEY’S FEES AND EXPENSES
RELATED TO OR CONNECTED WITH ANY CLAIMS OR SUITS FOR DAMAGES AND SHALL,
IF REQUESTED IN WRITING BY THE STATE TO DO SO, ASSIST THE STATE OR RELIEVE
THE STATE FROM DEFENDING ANY SUCH SUITS BROUGHT AGAINST IT. THE
INDEMNIFICATION OF THE STATE SHALL EXTEND FOR A PERIOD OF TWO (2) YEARS
BEYOND THE DATE OF TERMINATION OF THIS AGREEMENT.
DURING EACH YEAR WHILE THERE IS ANY LIABILITY BY REASON OF THE
AGREEMENT CONTAINED IN THIS SUBSECTION OF THIS RESOLUTION, INCLUDING
THE CALENDAR YEAR

2026 , THE
20XX

CityCity
of Dickinson
Name

(CITY) SHALL COMPUTE

AND ASCERTAIN THE RATE AND AMOUNT OF AD VALOREM TAX, BASED ON THE
LATEST APPROVED TAX ROLLS OF SAID ENTITY, WITH FULL ALLOWANCES BEING
MADE FOR TAX DELINQUENCIES AND COSTS OF TAX COLLECTION, WHICH WILL BE
SUFFICIENT TO RAISE AND PRODUCE THE MONEY REQUIRED TO PAY ANY SUMS
WHICH MAY BE OR BECOME DUE DURING ANY SUCH YEAR, IN NO INSTANCE TO BE
LESS THAN TWO (2%) PER CENT OF SUCH OBLIGATION, TOGETHER WITH INTEREST
THEREON, BECAUSE OF THE OBLIGATION HEREIN ASSUMED.
SAID RATE AND AMOUNT OF AD VALOREM TAX IS HEREBY ORDERED TO BE LEVIE D
AND IS HEREBY LEVIED AGAINST ALL TAXABLE PROPERTY IN SAID ENTITY FOR
EACH YEAR WHILE ANY LIABILITY EXISTS BY REASON OF THE OBLIGATION
UNDERTAKEN BY THIS SUBSECTION OF THIS RESOLUTION, AND SAID AD VALORE M
TAX SHALL BE ASSESSED AND COLLECTED EACH SUCH YEAR UNTIL ALL OF THE
OBLIGATIONS HEREIN INCURRED SHALL HAVE BEEN DISCHARGED AND ALL
LIABILITY HEREUNDER DISCHARGED.
No party to this agreement intends to waive, relinquish, limit or condition its general g overnment al
immunity from liability in any way.
Each party agrees and acknowledges that it is not an agent, servant, or employee of the other p arty
and that under this provision each party is responsible only f or it s o wn act s and f or t hos e of it s
agents, servants, independent contractors or employees. Such responsibility includes, but is not

Form 2044 (Rev. 8/21)
Page 6 of 10

limited to any claims or amounts arising or recovered under the “Workers Compensation Law,” the Texas
Tort Claims Act, Chapter 101, Texas Civil Practice and Remedies Code; or any other applicable laws o r
regulations, all as time to time may be amended.
Nothing in this agreement shall be construed as creating any liability in favor of any third party
Name fCity
or Contract . Additionally, this agreement shall not ever be
against the State and the
construed as relieving any third party from any liability against the State. Furthermore, the
Name f City
or Contract

shall become fully subrogated to the State's rights of recovery and shall be

entitled to maintain any action over and against any third party who may be liable for damages. The
State agrees to execute and deliver instruments and papers and to otherwise do that which is
necessary to secure such rights.
13. INSURANCE
The

City
Name f or
Contract

, shall provide necessary safeguards to protect the public on State

maintained highways including adequate insurance for payment of any damages which might result
Name fCity
or Contract

during the construction, maintenance, repair and operation of the facility.
shall include TxDOT as an additional insured by endorsement in

Name fCity
or Contract

's

commercial general liability insurance policy. Prior to beginning work on the State's right of way, the
Name fCity
or Contract

's construction contractor shall submit to the State a completed insurance

f orm (TxDOT Form No. 1560) or appropriate certificate of self-insurance and shall maintain the
required coverage during the construction of the facility.
14. USE OF RIGHT OF WAY
It is understood that the State by execution of this agreement does not impair or relinquish the State’s
right to use such land for highway purposes when it is required for the construction or re-construction
of the traffic facility for which it was acquired, nor shall use of the land under such agreement ever be
construed as abandonment by the State of such land acquired for highway purposes, and t he S tat e
does not purport to grant any interest in the land described herein but merely consents to such use to
the extent its authority and title permits.
15. ADDITIONAL CONSENT REQUIRED
The State asserts only that it has sufficient title for highway purposes. The

Name fCity
or Contract

shall be responsible for obtaining such additional consent, permits or agreement as may be
necessary due to this agreement. This includes, but is not limited to, appropriate permits and
clearances for environmental, ADA and public utilities.
16. FHWA ADDITIONAL REQUIREMENTS
If the Facility is located on the Federal-Aid Highway System, “ATTACHMENT A”, which states
additional requirements as set forth in the Federal Highway Administration’s Title 23, Code of Federal
Regulations, § 710, shall be attached to and become a part of this agreement.

Form 2044 (Rev. 8/21)
Page 7 of 10

17. CIVIL RIGHTS ASSURANCES
The
Name f City
or Contract , for itself, its personal representatives, successors and interests and
assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running
with the land that: (1) no persons, on the grounds of race, color, sex, age, national origin, religion or
disabling condition, shall be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination in the use of said facility; (2) that in the construction of any improvements
on, over or under such land and the furnishing of services thereon, no person on the ground of race,
color, sex, age, national origin, religion or disabling condition, shall be excluded from participation in,
denied the benefits of, or otherwise be subjected to discrimination; (3) that the
Name fCity
or Contract

shall use the premises in compliance with all other requirements imposed by

or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office
of the Secretary, Part 21, Non-discrimination in Federally-Assisted programs of t he D epartment of
Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulat ions may
be amended.
That if in the event of any breach of the above non-discrimination covenants, the State shall have the
right to terminate the agreement and reenter and repossess said land and the facilities thereon, and
hold the same as if said agreement had never been made or issued.
18. AMENDMENTS
Any changes in the time frame, character or responsibilities of the parties hereto shall be enacted b y
a written amendment executed by both parties hereto.
19. LEGAL CONSTRUCTION
In case one or more of the provisions contained in this agreement shall f or any reason be held
invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not
af f ect any provision hereof and this agreement shall be construed as if such invalid, illegal, or
unenf orceable provision had never been contained in this agreement.
20. AUDIT
The State may conduct an audit or investigation of any aspect of this agreement.
City
Name f or
Contract

The

must provide the State with access to any information the State considers

relevant to the investigation or audit. The audit can include, but is not limited to, any contract for
construction or maintenance of any facility or structure authorized by this agreement or any
contract to provide a service to the
agreement.

Name f City
or Contract

if that service is authorized by this

Form 2044 (Rev. 8/21)
Page 8 of 10

21. AUTHORITY OF STATE AUDITOR
The state auditor may conduct an audit or investigation of any entity receiving funds f rom the s t ate
directly under the contract or indirectly through a subcontract under t he c ontract . A cc eptance of
f unds directly under the contract or indirectly through a subcont ract under t his c ontract ac ts as
acceptance of the authority of the state auditor, under the direction of the legislative audit committee,
to conduct an audit or investigation in connection with those funds. An entity that is the subject of an
audit or investigation must provide the state auditor with access to any information the state audit or
considers relevant to the investigation or audit.
22. NOTICES
All notices required under this agreement shall be mailed or hand delivered to the following
respective addresses:
STATE
(Mailing Address)
Texas Department of Transportation
Maintenance Division
125 East 11th Street
Austin, Texas 78701-2483

(Name of other party)
(Mailing Address)
Address
Name
City of
Dickinson,
Texas
Address
Name
Attn:
City Attorney
Address
Road/Street/Hwy
4403 State
Highway 3
Address
City/State/Zip
Dickinson
TX 77539

23. TIMELY PAYMENT
When required by any provision of this agreement requires a payment to be made to t he S tat e, t he
other party hereto shall within thirty (30) days from receipt of the State's written notificat ion p ay t he
State f or the full cost of repairing any damages to the highway facility which may result from the other
party's construction, maintenance, repair or operation of the facility.
24. WARRANTS
The signatories to this agreement warrant that each has the authority to enter into this agreement on
behalf of the party represented.
List of Attached Exhibits:
Exhibit A - General Layout
Exhibit B - Metes and Bounds Description
Exhibit C - Approved Construction Plans
Exhibit D - Certificate of Insurance (TxDOT Form 1560)
Exhibit E - Attachment A (FHWA Additional Requirements)

Form 2044 (Rev. 8/21)
Page 9 of 10

IN WITNESS WHEREOF, the parties have hereunto affixed their signature, the
on the
State on the

, 20

day of

day of

, 20

26

26

, and the

.

STATE OF TEXAS
City of Dickinson, Texas

(Name of other party)

By:

Signature
Chaise A. Cary

Printed Name

Executed

and

approved

f or

the

Texas

Transportation Commission for t he purpose and
ef f ect of activating and/or carrying out the o rders,
and established policies or work programs
heretof ore approved and authorized by the Tex as
Transportation Commission.
By:

Director, Maintenance Division

City Manager

Title

Printed Name

Agency

Date
APPROVAL RECOMMENDED:

Contact Office and Telephone No.
District Engineer

Printed Name

Date

Form 2044 (Rev. 8/21)
Page 10 of 10

ATTACHMENT A

Inasmuch as this project is on the Federal-Aid highway system, the following additional requirements as
applicable with the Federal Highway Administration’s Title 23, Code of Federal Regulations, § 710.105.
1. Any significant revision in the design or construction of the facility shall receive prior approval by the
Texas Department of Transportation subject to concurrency by the FHWA.
2. Any change in the authorized use of real property interest shall receive prior approval by the Texas
Department of Transportation subject to concurrence by the FHWA.
3. Real property interest shall not be transferred, assigned or conveyed to another party without prior
Texas Department of Transportation approval subject to concurrence by the FHWA.
4. This agreement will be revocable in the event that the real property interest facility ceases to be used
or is abandoned.

EXHIBIT E

Location Name

Latitude

P#003 FM 517 @ Gum Dr WB

29.46930708 -95.01550839 5926 FM 517 Rd E

Dickinson Texas

77539

P#005 Gulf Freeway Frontage Rd @ W. Hughes Rd WB

29.44338875 -95.07179053 4105 Gulf Fwy

Texas City Texas

77539

P#006 FM 517 @ Borden Gully Dr WB

29.44586925 -95.08435913 213 FM 517 Rd W

Dickinson Texas

77539

-95.047066 2404 Dickinson Ave Dickinson Texas

77539

P#007 FM 1266 @ 25th St E SB

29.478214

Longitude

Street

City

State Postal Code

Dickinson City Council
Agenda Item Data Sheet
8.A

MEETING DATE:

July 14, 2026

TOPIC:

Texas Government Code Section 551.071 - Consultation with Attorney
Consultation with Attorney on a matter in which the duty of the attorney to
the governmental body under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflicts with the Open Meetings
Act.

BACKGROUND:
RECOMMENDATION:
ATTACHMENTS:
FUNDING ISSUES:
FINANCE VERIFICATION OF FUNDING:
SUBMITTING STAFF MEMBERS:

CITY MANAGER APPROVAL:

Claude Oliver

APPROVAL

NO

ACTIONS TAKEN
READINGS PASSED

OTHER

Dickinson City Council
Agenda Item Data Sheet
8.B

MEETING DATE:

July 14, 2026

TOPIC:

Texas Government Code Section 551.087 - Deliberation Regarding
Economic Development Negotiations.
(1) Deliberations regarding commercial or financial info1mation that the
governmental body has received from a business prospect that the
governmental body seeks to have locate, stay, or expand in or near the
territory of the governmental body and with which the governmental body is
conducting economic development negotiations; or
(2) to deliberate the offer of a financial or other incentive to a business
prospect described by Subdivision (l)

BACKGROUND:
RECOMMENDATION:
ATTACHMENTS:
FUNDING ISSUES:
FINANCE VERIFICATION OF FUNDING:
SUBMITTING STAFF MEMBERS:

CITY MANAGER APPROVAL:

Claude Oliver

APPROVAL

NO

ACTIONS TAKEN
READINGS PASSED

OTHER

Dickinson City Council
Agenda Item Data Sheet
8.C

MEETING DATE:

July 14, 2026

TOPIC:

Texas Government Code Section 551.072 - Real Property
Deliberations regarding the purchase, exchange, lease, or value of real
property.

BACKGROUND:
RECOMMENDATION:
ATTACHMENTS:
FUNDING ISSUES:
FINANCE VERIFICATION OF FUNDING:
SUBMITTING STAFF MEMBERS:

CITY MANAGER APPROVAL:

Claude Oliver

APPROVAL

NO

ACTIONS TAKEN
READINGS PASSED

OTHER

Dickinson City Council
Agenda Item Data Sheet
9.A

MEETING DATE:

July 14, 2026

TOPIC:

Texas Government Code Section 551.071 – Consultation with Attorney
Consideration and possible action regarding a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with the
Open Meetings Act.

BACKGROUND:
RECOMMENDATION:
ATTACHMENTS:
FUNDING ISSUES:
FINANCE VERIFICATION OF FUNDING:
SUBMITTING STAFF MEMBERS:

CITY MANAGER APPROVAL:

Claude Oliver

APPROVAL

NO

ACTIONS TAKEN
READINGS PASSED

OTHER

Dickinson City Council
Agenda Item Data Sheet
9.B

MEETING DATE:

July 14, 2026

TOPIC:

Texas Government Code Section 551.087 - Deliberation Regarding
Economic Development Negotiations.
(1) Consideration and possible action regarding commercial or financial
information that the governmental body has received from a business
prospect that the governmental body seeks to have locate, stay, or expand in
or near the territory of the governmental body and with which the
governmental body is conducting economic development negotiations; or
(2) Consideration and possible action regarding the offer of a financial or
other incentive to a business prospect described by Subdivision (1).

BACKGROUND:
RECOMMENDATION:
ATTACHMENTS:
FUNDING ISSUES:
FINANCE VERIFICATION OF FUNDING:
SUBMITTING STAFF MEMBERS:

CITY MANAGER APPROVAL:

Claude Oliver

APPROVAL

NO

ACTIONS TAKEN
READINGS PASSED

OTHER

Dickinson City Council
Agenda Item Data Sheet
9.C

MEETING DATE:

July 14, 2026

TOPIC:

Texas Government Code Section 551.072 - Real Property
Consideration and possible action regarding the purchase, exchange, lease,
or value of real property.

BACKGROUND:
RECOMMENDATION:
ATTACHMENTS:
FUNDING ISSUES:
FINANCE VERIFICATION OF FUNDING:
SUBMITTING STAFF MEMBERS:

CITY MANAGER APPROVAL:

Claude Oliver

APPROVAL

NO

ACTIONS TAKEN
READINGS PASSED

OTHER