Ordinance No. 6,632930513 -9
0: 7_id�i ICr iM0. 6632
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN
AGREEMENT FOR PROFESSIONAL SERVICES WITH JAMES DUNCAN AND
ASSOCIATES; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN,
THE SUM OF SEVENTY -FIVE THOUSAND AND N01100 DOLLARS
($75,000.00); AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown,
Texas, hereby authorizes and directs the City Manager and City
Clerk of the City of Baytown to execute and attest to an
Agreement for Professional Services with James Duncan and
Associates. A copy of said agreement is attached hereto, marked
Exhibit "A," and made a part hereof for all intents and purposes.
Section 2: That the City Council of the City of Baytown
authorizes payment to James Duncan and Associates of the sum of
SEVENTY -FIVE THOUSAND AND N01100 DOLLARS ($75,000.00), pursuant to
the Agreement.
Section 3: This ordinance shall take effect immediately
from and after its passage by the City Council of the City of
Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 13th day of May,
1993.
PETE C. AL ARO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
ACIO RAMIREZ, IV , City Attorney
legallcouncill5- 13- 93agreoZONINO
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into as of this day of May, 1993, by and
between THE CITY OF BAYTOWN, a municipal corporation in the State of Texas (hereinafter
the "Client ") and JAMES DUNCAN AND ASSOCIATES, a sole proprietorship located in
Austin, Texas (hereinafter the "Consultant ");
WHEREAS, Client desires to engage Consultant to perform certain services relating to the
preparation of a new zoning ordinance for CIient;
NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter
provided, Client and Consultant agree as follows.
1. Scope of Agreement. Consultant's relationship to Client shall be that of consultant and
independent contractor; at all times this relationship shall be governed by and be in strict
compliance with the terms of this Agreement for Professional Services.
2. Professional Services. Consultant shall furnish services to Client as set forth in Exhibit
"A," which is attached hereto and incorporated herein by reference.
3. Period of Service. Consultant shall begin its services promptly after receipt of a fully
executed copy of this Agreement and will complete the services described in Exhibit "A"
within the time schedule outlined in Exhibit "B". With respect to such schedule,
performance shall be timely under this Agreement. However, the times for performance
established in the schedule shall be extended for periods of delay resulting from
circumstances over which Consultant has no control. Consultant's receipt of a fully
executed copy of this Agreement shall constitute written notice for Consultant to proceed.
4. Compensation. For services provided by Consultant as described in Exhibit "A ", Client
shall compensate Consultant a total fee of $75,000, in accordance with Consultant's
budget shown in Exhibit "B."
a. Consultant shall bill Client upon completion of each Task or work product for the
amount listed in Exhibit "B. " Payment of each such invoice shall be due to
Consultant within thirty (30) days of receipt by Client.
b. Anything to the contrary notwithstanding, no services undertaken by Consultant
exceeding the fees set forth in Exhibit "B" shall be the liability of Client unless
such additional fees have been approved in advance by Client. Additional trips
authorized by the Client shall be billed by Consultant at the following rates per
trip:
Brian Blaesser and Eric Kelly $1,500 each
James Duncan and Kirk Bishop $ 900 each
Jonathan Smulian $ 500
1
EXHIBIT A
5. Subcontracting. Consultant shall not assign or subcontract any of its rights, obligations,
benefits, liabilities or other interest under this Agreement without the written consent of
Client. It is understood, however, that Consultant may subcontract certain services in
Exhibit "A" to Rudnick & Wolfe, Eric Damian Kelly and Llewelyn- Davies Sahni.
However, the Consultant retains responsbility for the timely performance of such services
as are contracted out to these firms.
G. Changes and Extra Work. Client may, at any time, request changes in the work to be
performed hereunder. All such changes, including any increase or decrease in Consultant
compensation, which are mutually agreed upon by and between Client and Consultant,
shall be incorporated in written Supplemental Agreements to this Agreement.
7. ComRleteness of Work. Consultant shall be responsible for the completeness and
accuracy of its work, supporting data and other documents and information prepared or
compiled under its direction and shall correct at its expense all errors or omissions
therein which may be disclosed. This provision shall not apply to any maps, official
records, contracts, or other data that may be provided by Client or other public agencies
which Consultant should reasonably expect to be accurate and which Consultant could
not reasonably be expected to know to be inaccurate.
S. Conflict of Interest. Consultant agrees that it presently has no interest and shall acquire
no interest, direct or indirect, that would conflict in any manner or degree with the
performance of the services hereunder. Consultant further agrees that, in the
performance of this Agreement, no person having any such interest shall be employed.
9. Termination. The obligation to provide further services under this Agreement may be
terminated by either party upon written notice in the event of substantial failure by the
other parry to perform in accordance with the terms hereof through no fault of the
terminating party. In the event of any termination, Consultant will be paid for all
authorized services rendered to the date of such termination. The amount payable to
Consultant in the event of termination will be a pro rata amount of such fee determined
on the basis of the relationship of the amount and value of the work performed prior to
Consultant's receipt of notice of termination for all of the work described in Exhibit "A ".
10. Indemnification. Consultant shall indemnify and hold Client, its officers, agents and
employees, harmless from and against any and all claims, liabilities, losses and /or causes
of action which may arise from any willful misconduct or negligent act, error or
omission of Consultant or its employees arising out of the performance of this Agreement
or work performed thereunder, including any claims brought against Client, its officers,
employees or agents.
11. Ownership of Documents. All documents including, but not limited to, illustrations,
data discs, estimates, design analysis, studies, and other data or documents that are
obtained or prepared in the performance of this Agreement, are to be instruments of
Pa
service and shall be delivered to Client before final payment is made to Consultant.
12. Binding Effect. This Agreement shall bind, and the benefits thereof shall inure to, the
respective parties hereto, their legal representatives, executors, administrators, successors
and assigns.
13. Amendments. No amendments and/or modifications of this Agreement shall be valid
unless in writing and signed by each of the parties to the Agreement.
14. Severability. Any provision in this Agreement that is prohibited or unenforceable under
state or federal law shall be ineffective to the extent of such prohibitions or
unenforceability, without invalidating the remaining provisions hereof. Also, the non-
enforcement of any provision by either party to this Agreement shall not constitute a
waiver of that provision nor shall it effect the enforceability of that provision or the
remainder of this Agreement.
IN WITNESS WHEREOF, Client and Consultant have caused this instrument to be signed by
their respective duly authorized officers, all on the day and year first above written.
ATTEST:
3
JAME S `CAN AND ASSOCIATES
By: .. a �--
James B. Duncan, Principal
By:
EXHIBIT "A"
WORK PROGRAM
Task 1. Review Goals/Background Data
Baytown's new zoning code will be both a product and a process. The final product will be a
new zoning code. The development of a product as important as a new zoning code, however,
demands that the process leading to its adoption be thorough, participatory, action - oriented and
responsive to the needs and desires of the citizenry.
As the initial task and the one that will formally establish the process to be followed, this task
will entail a great deal of staff and consultant interaction. It will involve development of a final
work program. In addition, it will include a revised timeline and the final refinement of the
nature and scope of issues to be addressed in the project. This task will primarily serve as the
data gathering phase of the project. By combining organizational work and background
information development, the task will set the stage for an efficient and targeted work program.
The Consultant will participate in an initial meeting with the designated Lead Team at the
beginning of the project.
This meeting will provide a forum for establishing basic organizational principles for the project
and for assigning responsibilities for various task functions. The initial organizational meeting
will be held in Baytown within two weeks of contract execution and be attended by key members
of the Consultant team. The trip will also serve as a data gathering mission for the team and
as an opportunity to meet other public officials. The Consultant will review the City's newly
prepared Comprehensive Plan and all other documents that establish local planning and
development policy.
This task is expected to increase our understanding of the planning and development context for
zoning and land -use controls in Baytown. Since under Texas law, a zoning ordinance must be
adopted "in accordance with a comprehensive plan," those who offer advice and assistance in
drafting the zoning ordinance should be intimately familiar with the comprehensive plan. This
task will begin immediately after contract execution and be completed within 60 days.
In the preparation of this task, the Consultant will review and summarize all relevant materials
prepared for and by the City of Houston in its current efforts to adopt a new zoning code. This
task will specifically address such issues as flexible land use controls, state statutes and current
City regulations relating to land -use. The Consultant will examine how other communities have
addressed flexible land use controls and make recommendations regarding the possible use of
such standards in meeting Baytown's land -use goals. The Consultant will review documents
already prepared by and for the City of Houston and ascertain their local applicability.
Our legal team members will review planning and zoning enabling statutes in Texas and identify
regulatory issues that require particular attention; facilitate informed discussions about alternative
Baytown Zoning Ordinance Project I Work Program
strategies; and help tailor the final product to withstand potential legal challenges. The
Consultant will review current Baytown ordinances to identify existing regulations related to
land -use or development. The City will provide copies of all such ordinances and code
provisions for our examination. Our review will analyze and catalog areas of potential conflict,
ambiguity and redundancy between existing ordinances and subject matter normally included in
a zoning ordinance.
The Consultant will pay special attention to building codes; platting (subdivision) regulations;
ordinances regulating "nuisance" uses and development permits; off- street parking regulations;
and any other ordinances identified by the City as regulating land -use or development. The
Consultant will suggest which current regulations should continue to exist independently from
the zoning ordinance; which should be amended or repealed as a result of adoption of a new
zoning ordinance; and which should be incorporated into the zoning ordinance. The Consultant
will also suggest revisions to existing ordinances where necessary.
Task 2. Coordinate Public Participation
The development of a new zoning ordinance to serve the long -range needs of a community
requires that the regulations be formulated, adopted and implemented within a process that is
sensitive to a community's diverse opinions and the existing and future needs of its citizens.
During this task, the Consultant will develop a plan for and coordinate public input and
participation in the project.
This task will entail preparation and implementation of a plan for involving people in the code
drafting project. It will include a method of describing the process to be followed, a roster of
participants to be targeted and a discussion of their respective roles. The plan will be designed
to be inclusive and actively encourage involvement by homeowners, renters, businessmen, home
builders, developers, industrialists, environmentalists and other interested parties. Various
techniques will be used to present the benefits and limitations of zoning to participants. The
Consultant will design and prepare a public information brochure which explains the zoning
process and focuses on local issues to be addressed by zoning. A camera -ready original of the
public information brochure will be delivered to the Lead Team for publication and distribution.
The Consultant team will make nine (9) one or two -day trips to Baytown for public meetings
over the course of the project. These trips shall include at least twelve (12) person -trips by key
members of the Consultant team (excluing those made by Llewelly- Davies Sahni), to explain the
process to participants, identify issues of concern related to zoning and solicit citizen input, and
attend public hearings. The Consultant will assume a key role in designing handout and exhibit
materials for use at public meetings. All materials will be produced and distributed by City
staff. Summaries of public input will be included in monthly status reports that will be prepared
and delivered to the Lead Team.
Baytown Zoning Ordinance Project 2 Work Program
Task 3. Prepare Preliminary Hearing Draft
Prior to actually drafting the regulations, the Consultant will prepare an annotated outline for
the proposed Baytown zoning ordinance that identifies key issues and establishes a roadmap for
developing the overall document. The organization of the ordinance will also allow users to
easily find relevant provisions without flipping through unrelated sections. The annotated outline
will be delivered to the Lead Team for review and comment.
After receiving staff comments on the annotated outline, the Consultant will then draft and
deliver to the Lead Team a preliminary hearing draft of the proposed new zoning code that:
Is in accordance with the goals and policies of the comprehensive plan, as required by
state law;
Is drafted in a clear, concise and consistent manner;
Is easy to use, interpret and administer;
Is definitive enough to discourage corruption and minimize misinterpretation;
Incorporates community and property owner input;
Is fair to landowners and homeowners alike;
Is responsive to development and community needs;
Incorporates simple and streamlined review procedures and administrative requirements;
and
Is coordinated with other related Baytown ordinances.
The Consultant's approach will be to use performance standards or other applicable flexible land -
use controls to resolve issues of adjacency and compatibility among difference land uses and in
transitional areas. The document will also be coordinated with other regulations incorporated
in the Unified Development Code as prepared by staff. Nonconforming uses, amortization and
grandfathering will be treated with special care in the drafting of the Baytown ordinance, due
to the uniqueness of drafting and applying a first -time ordinance.
The proposed code will place particular emphasis on provisions which promote affordable
housing, economic development and the revitalization and rehabilitation of older, distressed
neighborhoods and business districts within the community. Home occupations, landscaping,
NIMBYs, LULUs and other such specific land -use and development issues will be addressed.
At the completion of this task, a preliminary hearing draft of the proposed zoning ordinance will
be delivered to the Lead Team. This task will be completed within 120 days of the completion
of Task 1 or within six months of contract execution. Twenty -five (25) copies of the
preliminary hearing draft will be delivered to the City.
Baytown Zoning Ordinance Project 3 Work Program
Task 4. Prepare Zoning District Plan
The Consultant will prepare a preliminary draft plan map series for applying various
recommended zoning use districts. The draft plan maps will be based on existing land -use data
and neighborhood boundaries as provided by the City. The City will provide a suitable series
of base maps on mylar for preparation of the zoning plan.
The initial plan will identify specific districts for such uses as single family detached, exclusive
residential, commercial and heavy industrial. A mixed -use district will also be considered. The
Lead Team will guide the preparation of the draft plan map and application of district lines due
to its more intimate knowledge of the city and its neighborhoods. The plan map will be
consistent with the guidelines outlined in the Comprehensive Plan subject to further input
received during the project. Five (5) copies of the preliminary draft plan map will be presented
to staff concurrent with the completion of Task 3. The Consultant will also assist the City in
preparing display maps for public meeting presentations.
Task 5. Prepare Final Zoning Ordinance
After consideration of the preliminary hearing draft zoning ordinance and map by various review
bodies, the Consultant will prepare final hearing drafts based on decisions and policy directions
from the Lead Team for City Council consideration.
The Consultant will also assist staff in developing procedures for implementing the ordinance
and for structuring management of the zoning process prior to implementation.
Recommendations regarding administrative structure and guidelines for zoning administration
will be summarized in an administrative manual delivered to the Lead Team.
Following City Council approval of the zoning ordinance and map for citizen referendum, the
Consultant will prepare a final draft zoning ordinance and map incorporating any changes made
by the Council. The Consultant will deliver 200 copies of the final ordinance to the City. A
mylar of the final zoning map and a complete set of compatible computer disks containing the
final zoning ordinance and using WordPerfect 5.1 will also be transmitted to the City. This task
will be completed within ninety (90) days of City acceptance of Tasks 3 and 4.
Baytown Zoning Ordinance Project 4 Work Program
Work Program Summary
TASK RESPONSIBILITY PRODUCT. - COMPLETION'
1. Review
Goals /Background Data.
Analyze Comprehensive
Plan and other
documents, review
Houston approach & state
and city laws.
2. Coordinate Public
Participation. Prepare
plan for encouraging
effective citizen
participation. Prepare
regular status reports.
3. Prepare Initial Hearing
Draft. Prepare outline and
initial hearing draft of
proposed zoning
regulations.
4. Prepare. Zoning District
Plan. Prepare concept
map dividing city into
specific zoning use
districts.
5. Prepare Final Zoning
Ordinance. Revise draft
ordinance after lead team
and public input; prepare
final ordinance and print
copies.
James Duncan
Kirk Bishop
Brian Blaesser
Eric Damian
Kelly
James Duncan
Kirk Bishop
Jonathan
Smulian
James Duncan
Kirk Bishop
Brian Blaesser
Eric Damian
Kelly
Jonathan
Smulian
James Duncan
James Duncan
Kirk Bishop
Report evaluating
goals, resources,
limitations and
potentials for
enacting land -use
controls in Baytown.
Public participation
plan; attendance at 9
meetings; summaries
of public input;
status reports to
Lead Team.
Annotated outline
and preliminary
Dearing draft of
proposed basic
zoning regulations.
Preliminary hearing
draft of conceptual
plan map.for
applying basic zoning
districts.
Final hearing drafts
of zoning ordinance
and zoning map;
administra -tive
manual; referendum
drafts of ordinance
and map.
Within 60 days
after contract
execution
Throughout
project
Within 180 days
after contract
execution.
Concurrent
within the
completion of
Task 3.
Within 90 days
after City
acceptance of
Tasks 3 & 4.
Baytown Zoning Ordinance Project 5 Work Program
EXHIBIT "B"
TIME SCHEDULE AND BUDGET
Total Budget by Task
Total $75,000
Baytown Zoning Ordinance Project 1 Titne Schedule and Budget
1
REVIEW GOALS/BACKGROUND DATA
1 a
Organizational Meeting
$3,500
1b
Policy Direction Memorandum
$5,000
2
COORDINATE PUBLIC PARTICIPATION
2a
Public Participation Plan
$3,500
2b
Public Information Brochure
$1,000
2c -k
9 Meeting Trips @ $1,500 each
$13,500
3
PREPARE PRELIMINARY HEARING DRAFT
3a
Annotated Ordinance Outline
$10,000
3b
Preliminary Hearing Ordinance Draft
$25,000
4
PREPARE ZONING DISTRICT PLAN
$3,500
5
PREPARE FINAL ZONING ORDINANCE
5a
Final Hearing Draft Ordinance /Map
$4,000
5b
Administrative Manual
$3,000
5c
Referendum Draft Ordinance and Map
$3,000
Total $75,000
Baytown Zoning Ordinance Project 1 Titne Schedule and Budget