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HomeMy WebLinkAbout01-09-12 Regular Meeting of La Porte City CouncilLOUIS RIGBY Mayor JOHN ZEMANEK Councilmember at Large A DOTTIE KAMINSKI Councilmember at Large B MIKE MOSTEIT Councilmember District 1 CHUCK ENGELKEN Mayor Pro -Tem, Councilmember District 2 CITY COUNCIL MEETING AGENDA DARYL LEONARD Councilmember District 3 TOMMY MOSER Councilmember District 4 JAY MARTIN Councilmember District 5 MIKE CLAUSEN Councilmember District 6 Notice is hereby given of a Regular Meeting of the La Porte City Council to be held January 9, 2012, beginning at 6:00 p.m. in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas, for the purpose of considering the following agenda items. All agenda items are subject to action. The City Council reserves the right to meet in a closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. 1. CALL TO ORDER 2. INVOCATION — The invocation will be given by Father Gary Rickles, St. Mary's Catholic Church. 3. PLEDGE OF ALLEGIANCE — The Pledge of Allegiance will be led by Councilmember John Zemanek. 4. PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS (a) Recognition — Retirement of Norma Winter — La Porte Police Department 5. PUBLIC COMMENTS (Limited to five minutes per person.) 6. CONSENT AGENDA (a) Consider approval or other action of the minutes of the City Council meeting held on December 12, 2011 — P. Fogarty (b) Consider approval or other action regarding an ordinance authorizing the Interim City Manager to execute a contract with the Port of Houston Authority for provision of emergency medical services to the Barbour's Cut Terminal — R. Nolen (c) Consider approval or other action authorizing expenditure of La Porte Development Corporation funds for the Main Street District enhancement program grant awarded to Don Hulen /Real Cheap Tools in the amount of $25,000 — S. Osborne (d) Consider approval or other action regarding an ordinance authorizing donation of lots on North 3r Street and North 4 Street to the La Porte Chapter of Bay Area Habitat For Humanity — T. Tietjens (e) Consider approval or other action regarding an ordinance authorizing execution by the City of La Porte of an Industrial District Agreement with KTN Gulf Coast, and an ordinance authorizing a Water Service Agreement between the City of La Porte and KTN Gulf Coast — T. Tietjens (f) Consider approval or other action regarding an ordinance abandoning a 0.6924 -acre tract of land between Lots 27 and 28 within the North 8 Street right of way, retaining a sanitary sewer easement, and issuing a deed to Port Modal Centre, L.P. —T. Tietjens 7. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES (a) Public Hearing to receive comments regarding condemnation of substandard building at 1307 E. Main Street (this public hearing is continued from the November 14, 2011, City Council meeting) — D. Wilmore (b) Consider approval or other action regarding an ordinance condemning substandard building at 1307 E. Main Street — D. Wilmore 8. DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding a proposed Citizens on Patrol /Volunteer Handicapped Parking Enforcement Program — M. Upchurch 9. STAFF REPORTS (a) Receive Drainage Report — J. Garza 10. ADMINISTRATIVE REPORTS (a) Drainage and Flooding Committee Meeting — Monday, January 16, 2012 (b) Planning and Zoning Commission Meeting — Thursday, January 19, 2012 (c) City Council Meeting — Monday, January 23, 2012 (d) Council Retreat — Tentative Saturday, April 14, 2012 11. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies — Councilmembers Zemanek, Leonard, Engelken, Mosteit, Clausen, Martin, Moser, Kaminski, and Mayor Rigby. 12. EXECUTIVE SESSION The City Council reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code, including, but not limited to, the following: Texas Government Code, Section 551.072 — Deliberation regarding real property: Discussion of the sale of property located at 908 and 912 West Main Street. 13. RECONVENE into regular session and consider action, if any, on items discussed in executive session. 14. ADJOURN In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019. CERTIFICATION I certify that a copy of the January 9, 2012, agenda of items to be considered by the City Council was posted on the City Hall bulletin board on January 3, 2012. Council Agenda Item January 9, 2012 1. CALL TO ORDER 2. INVOCATION — The invocation will be given by Father Gary Rickles, St. Mary's Catholic Church 3. PLEDGE OF ALLEGIANCE — The Pledge of Allegiance will be led by Councilmember John Zemanek 4. PRESENTATOINS, PROCLAMATIONS AND RECOGNITIONS (a) Recognition — Retirement of Norma Winter — La Porte Police Department 5. PUBLIC COMMENTS (Limited to five minutes per person.) **************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** LOUIS RIGBY Mayor JOHN ZEMANEK Councilmember at Large A DOTTIE KAMINSKI Councilmember at Large B MIKE MOSTEIT Councilmember District 1 CHUCK ENGELKEN Mayor Pro Tem Councilmember District 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE DECEMBER 12, 2011 DARYLLEONARD Councilmember District 3 TOMMY MOSER Councilmember District 4 JAY MARTIN Councilmember District 5 MIKE CLAUSEN Councilmember District 6 The City Council of the City of La Porte met in a regular meeting on Monday, December 12, 2011, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m. to consider the following items of business: CALL TO ORDER Mayor Rigby called the meeting to order at 6:00 p.m. Members of Council present: Councilmembers Leonard, Zemanek, Engelken, Martin, Kaminski, Moser, Clausen, and Mosteit. Also present were City Secretary Patrice Fogarty, Interim City Manager Steve Gillett, Assistant City Manager Traci Leach and Assistant City Attorney Clark Askins. 2. INVOCATION - The invocation was given by Clark Askins, Assistant City Attorney. 3. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Councilmember Dottie Kaminski. 4. PUBLIC COMMENTS (Limited to five minutes per person.) Chuck Rosa, 812 S. Virginia, La Porte, addressed Council regarding procedures for addressing La Porte Council members during City Council meetings, his comments regarding dogs at the November 12, 2011, Council Meeting, and he apologized to Councilmember Zemanek. 5. CONSENT AGENDA — Consent agenda items are considered routine by the City Council and will be enacted by one motion. A Councilmember may remove any item for discussion and /or separate action. (a) Consider approval or other action of the minutes of the City Council meetings held on November 14, 2011 — P. Fogarty (b) Consider approval or other action authorizing the Interim City Manager to execute an annual contract for rehabilitation of sanitary sewer using slipping, pipe bursting and remove and replace techniques — D. Mick (c) Consider approval or other action to renew the City of La Porte's Stop Loss Coverage with ING — H. Weger (d) Consider approval or other action regarding an ordinance authorizing the Interim City Manager to enter into an Industrial District Agreement, a Water Service Agreement, and a Sanitary Sewer Service Agreement with Bayport Associates I, LLC — T. Tietjens (e) Consider approval or other action authorizing the Interim City Manager to execute a contract amendment with Freese and Nichols for West F Street Drainage Improvements — T. Tietjens Page 1 of 5 December 12, 2011, City Council Meeting Minutes (f) Consider approval or other action regarding an ordinance authorizing the Mayor to execute a Multiple Use Agreement with the Texas Department of Transportation for construction, maintenance and operation of a Commercial Vehicle Inspection pad site at intersection of State Highway 146 and Barbours Cut — K. Adcox (g) Consider approval or other action regarding an ordinance authorizing the Interim City Manager to execute an agreement with the City of Shoreacres for fire protection services — D. Ladd (h) Consider approval or other action authorizing the Director of Finance to amend various operating budgets for Fiscal Year 2011 outstanding purchase orders — M. Dolby (i) Consider approval or other action adopting an ordinance amending Fiscal Year 2011 -12 Budget — M. Dolby Assistant City Attorney Clark Askins read the caption of Ordinance 3391, AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH ABYPORT ASSOCIATES I, LLC A TEXAS LIMITED LIABILITY COMPANY (4210 MALONE DRIVE) FOR THE TERM COMMENCING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2010, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Assistant City Attorney Clark Askins read the caption of Ordinance 3392, AN ORDINANCE APPROVIGN AND AUTHORIZING A WATER SERVICE AGREEMENT AND A SANITARY SEWER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND ABYPORT ASSOCIATES I, LLC (4210 MALONE DRIVE, BAYPORT NORTH INDUSTRIAL PARK II), MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Assistant City Attorney Clark Askins read the caption of Ordinance 3393, AN ORDINANCE APPROVING AND AUTHORIZING A MULTIPLE USE AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR OPERATION OF A COMMERCIAL VEHICLE INSPECTION PAD ON HIGHWAY 146 AT ITS INTERSECTION WITH BARBOURS CUT BOULEVARD; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Assistant City Attorney Clark Askins read the caption of Ordinance 3394, AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE CITY OF SHOREACRES, FOR FIRE SUPPRESSION SERVICES, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Assistant City Attorney Clark Askins read the caption of Ordinance 3395, AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1, 2011 THROUGH SEPTEMBER 30, 2012; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Regarding Item G, Mayor Rigby questioned why there was not a section entered into the agreement to increase the amount of the agreement in the event the City of La Porte Fire Page 2 of 5 December 12, 2011, City Council Meeting Minutes Department budget increased. Assistant Fire Chief Donald Ladd responded the three -year agreement had been estimated for future increases. Councilmember Engelken moved to approve the consent agenda as presented. Councilmember Mosteit seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Mosteit, Clausen, Zemanek, Engelken, Moser, Kaminski and Martin Nays: None Absent: None 6. AUTHORIZATIONS (a) Consider approval or other action awarding bid # S12001 for the sale of building and adjoining parking lots at 912 West Main Street — T. Leach Assistant City Manager, Traci Leach presented a summary. This item will be discussed in Executive Session toward the end of the regular meeting. See Item 14 for action taken. (b) Consider approval or other action regarding vote by La Porte Development Corporation Board to sell Lots 7 and 8, Block 52, Town of La Porte, Harris County, Texas, as part of sale by City of La Porte of building and adjoining parking lots at 912 West Main Street — T. Leach Council took no action on this item due to action taken by the La Porte Development Corporation at its meeting immediately prior to the council meeting made it a moot issue. The La Porte Development Corporation voted not to authorize the sale of Lots 7 and 8, Block 52, Town of La Porte, Harris County, Texas, as part of the sale by the City of La Porte of the building and adjoining parking lots at 912 West Main Street. (c) Consider approval or other action awarding RFP # 12503 for an Executive Search Firm, regarding city manager position — S. Cream Purchasing Manager Susan Cream presented a summary. Councilmember Engelken moved to award RFP # 12503 to SRG (Strategic Government Resources) and schedule a public workshop with the firm. Councilmember Kaminski seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Mosteit, Clausen, Zemanek, Engelken, Moser, Kaminski and Martin Nays: None Absent: None Council directed staff to contact SGR for a date to schedule a workshop with City Council. (d) Consider approval or other action regarding an interlocal agreement with the Port of Houston for East Main Drainage Project participation — T. Tietjens Planning Director Tim Tietjens presented a summary. Councilmember Moser commented that the agreement mentions the approved site plan can be development on the easternmost part and asked what the site plan specifies can be done on the easternmost part. Planning Director Tietjens responded that a site plan only contains the plans for the portion that is being developed at the time, and future development of other sites would require an amendment to the original site plan. At that Page 3 of 5 December 12, 2011, City Council Meeting Minutes time, it would be subject to all the processes. An amended site plan will be resubmitted to the City; and Council will see it again. Councilmember Moser moved to approve an interlocal agreement with the Port of Houston for East Main Drainage Project participation. Councilmember Leonard seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Mosteit, Clausen, Zemanek, Engelken, Moser, Kaminski and Martin Nays: None Absent: None 7. STAFF REPORTS (a) Receive report on the Municipal Court Juvenile Program — D. Mitrano Municipal Court Judge Denise Mitrano and staff provided a report on the Municipal Court Juvenile Program. (b) Receive Drainage Report — Chairman Mosteit Councilmember Mosteit, chairman of the Flooding and Drainage Committee provided a report from the Committee's most recent meeting. 11. ADMINISTRATIVE REPORTS (a) Christmas Holidays — Friday, December 23, 2011, and Monday, December 26, 2011 (b) City Council Meeting — Monday, January 9, 2012 (c) City Council Meeting — Monday, January 23, 2012 Interim City Manager Steve Gillett had no additional reports. 12. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies — Councilmembers Moser, Kaminski, Zemanek, Leonard, Engelken, Mosteit, Clausen, Martin, and Mayor Rigby. Councilmembers thanked Judge Mitrano and staff for a great presentation, recognized the Bulldogs for a great football season and wished everyone a Merry Christmas; Mayor Rigby commented on the Municipal Court Juvenile Program, the Ribbon Cutting Ceremony held at Genoa Red Bluff, the great turnout at Christmas on Main Street and the Employee Christmas Party. 13. EXECUTIVE SESSION The City Council reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code, including, but not limited to, the following: Texas Government Code, Section 551.072 — Deliberation regarding real property: Discussion of the sale of property located at 908 and 912 West Main Street. City Council recessed the regular meeting to convene an executive session at 7:13 p.m. Page 4 of 5 December 12, 2011, City Council Meeting Minutes 14. RECONVENE into regular session and consider action, if any, on items discussed in executive session. The regular meeting reconvened at 7:38 p.m., and Council took the following action on Item 6a. Councilmember Engelken moved to reject the receive bids and directed staff to pursue the best options for the City of La Porte as far as bundling those properties. Councilmember Zemanek seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Mosteit, Clausen, Zemanek, Engelken, Moser, Kaminski and Martin Nays: None Absent: None 15. ADJOURN There being no further business, at 7:40 p.m. Councilmember Engelken moved to adjourn the meeting. Respectfully submitted, Patrice Fogarty, City Secretary Passed and approved on the 9 of January, 2012. Mayor Louis R. Rigby Page 5 of 5 December 12, 2011, City Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 9, 2012 Requested By: Ray Nolen Department: EMS Report: Resolution: Ordinance X Exhibits: Ordinance Exhibits: Copy of POHABCT Contract Exhibits: Appropriation Source of Funds: N/A Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION The existing service contract for EMS services with the Port of Houston Authority — BCT Facility expired on October 31, 2011 and has resorted to a month to month pending renewal. This service contract has worked well for the provision of emergency medical services in the past and staff would like to continue the service by renewing the contract between the City of La Porte EMS and the Port of Houston Authority — BCT Facility to provide Emergency Medical Service for a period of thirty -five (35) months, which is expanded from the current one year term. The attached 2012 -15 contract is calculated at a rate of $26.86 per employee, per year. This is an increase of $4.10 per employee over the previous period's negotiated rate mostly due to the cost of adding a third ambulance. The total agreement amount invoiced will be based on an Average Daily Population at the Barbour's Cut Facility. 2009 -10 Revenues— Actual $25,305.00 / Calls-29 2010 -11 Revenues— Actual $27,788.52 / Calls-38 2011 -12 Revenues —Projected $26,616.00 Attached is an ordinance authorizing the Interim City Manager to execute a contract renewal with the Port of Houston Authority for Emergency Medical Service at the Barbour's Cut Facility. The contract will expire on January 31, 2015. Staff recommends authorizing the Interim City Manager to execute the submitted contract for providing Emergency Medical Service to the Port of Houston — BCT Facility. Action Required by Council: Approve an Ordinance authorizing the Interim City Manager to execute a contract with the Port of Houston Authority ( Barbour's Cut Terminal) for the City of La Porte EMS. Approved for City Council Agenda Steve Gillett, Interim City Manager Date ORDINANCE NO. 2012- AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND THE PORT OF HOUSTON AUTHORITY OF HARRIS COUNTY, TEXAS, FOR EMERGENCY MEDICAL SERVICES AT (BARBOUR' S CUT TERMINAL) , MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the City Secretary. The Interim City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council of the City of La Porte officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. ORDINANCE NO. 2012- PAGE 2 Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 9th day of January, 2012 CITY OF LA FORTE By: Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED : jJf Clark T. Askins, City Attorney PHA File No. 2011 -0417 CONTRACT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: HARRIS COUNTY § THIS CONTRACT made and entered into by and between the CITY OF LA PORTE, a municipal corporation of Harris County, Texas, hereinafter referred to as "LA PORTE" and the PORT OF HOUSTON AUTHORITY, a body politic of Harris County, Texas hereinafter referred to as "PORT ", WITNESSETH: WHEREAS, PORT is in need of certain governmental services for the benefit of the people and property at its Barbour's Cut Terminal; and WHEREAS, LA PORTE is able and willing to provide said governmental services to PORT, upon the terms, conditions, and covenants herein contained: NOW, THEREFORE, in consideration of the mutual covenants, agreements, and benefits to both parties, it is hereby agreed as follows: I. For and during the year beginning on the I" day of February, 2012 and ending on the 31" day of January, 2015, LA PORTE agrees to furnish to PORT, the emergency medical services hereinafter more specifically described. II. For and in consideration of the governmental services to be provided by LA PORTE, PORT agrees to pay LA PORTE thirty -five monthly payments of TWO THOUSAND TWO HUNDRED EIGHTEEN AND 001100 DOLLARS ($2,218.00) and one final payment of TWO THOUSAND TWO HUNDRED TWENTY -FOUR AND 001100 DOLLARS ($2,224.00). Such charges are based on a $26.86 per person fee and are to be paid in full by PORT to LA PORTE, on or before the tenth day of the month following the month in which such services are rendered, Notwithstanding anything to the contrary herein, the total amount of the contract for thirty-six months is not to exceed amount of SEVENTY -NINE THOUSAND EIGHT HUNDRED FIFTY - FOUR AND 001100 DOLLARS ($79,854.00). III. LA PORTE agrees to provide emergency medical services at PORT's Barbour's Cut Terminal. LA PORTE shall transport patients to one of the nearest hospitals that provides emergency services as defined by the transport policy of the City of La Porte Emergency Medical Services. LA PORTE shall be permitted to charge, to each patient, its most current and customary Emergency Medical Service charges as adopted by City Council. IV. Sole discretion will rest with the LA PORTE Director of Emergency Medical Services, or his duly authorized assistants, as to the personnel and equipment that will answer each emergency medical services request; provided, emergency medical services protection will be adequate (meaning reasonable protection, considering available personnel and equipment of LA PORTE's Emergency Medical Services), and La Porte shall further provide dispatch of personnel and equipment to provide emergency medical services within the corporate limits of the City of La Porte. V. LA PORTE agrees to operate the ambulances in accordance with the requirements of State and Federal law, and applicable municipal or county ordinances, as the same now exists, and as may be amended from time to time hereafter. Vl. During the tern of this Contract and any extension or renewal thereof, LA PORTE shall maintain the following insurance coverage: Type Workers' Compensation General Liability Automobile Liability Medical Malpractice Minimum Limits Statutory $1 Million per occurrence $100K/$300K/$100K $1 Million per occurrence Notwithstanding the foregoing, LA PORTE shall not be required to obtain insurance in excess of liability limits established in the Texas Tort Claims Act, Section 101.001 et seq. of the Texas Civil Practice and Remedies Code, in cases where said Act is applicable. LA PORTE shall file certificates of insurance coverage with the PORT during the term of this Contract and any extension or renewal thereof, PORT shall be named as an additional insured on the general liability insurance policy. ►IL" Either the PORT or LA PORTE may cancel this Contract, without cause, after giving at least ninety (90) days written notice to the non - canceling party. Such notice shall be sent by LA PORTE to the PORT at P.O. Box 2562, Houston, Texas 77252 -2562, Attention: Senior Managing Director, Port Security & Emergency Operations. Such notice shall be sent by the PORT to LA PORTE at 604 West Fairmont Parkway, La Porte, Texas, 77571, Attention: City Manager. 7 VIII. This contract shall become effective at 12:00 A.M. midnight Central Time, at the beginning of the I" day of February, 2012 and shall remain in full force and effect until the end of the 31st day of January, 2015 unless otherwise canceled as provided in paragraph VII above. This Contract is entered into subject to the Charter and Ordinances of the City of La forte, and all applicable state and federal laws. ►® This Contract constitutes the entire agreement between the parties and supersedes all prior contemporaneous communications or agreements, written or oral. This contract may be amended only by a written instrument signed by all parties. This contract shall be governed by and construed in accordance with the laws of the State of Texas. [EXECUTION PAGE FOLLOWS] EXECUTED IN DUPLICATE ORIGINALS, as of this the day of ATTEST: CITY OF LA PORTE City Secretary M. City Manager APPROVED AS TO FORM: Counsel FUNDS ARE AVAILABLE TO MEET THIS OBLIGATION WHEN DUE: Harris County Auditor Minute No.: PORT OF HOUSTON AUTHORITY am 4 Senior Managing Director Port Security & Emergency Operations REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 1/9/12 Appropriation Source of Funds: Fund 015 Requested By: Stacey Osborne Department: CMO Report: X Resolution: Ordinance: Exhibits: Receipt Reconciliation Account Number: 15- 9892 - 993 -1100 Amount Budgeted: 5200,000 Amount Requested: 525,000 Budgeted Item: YES NO SUMMARY & RECOMMENDATION In the 2010 -11 budget year, the La Porte Development Corporation Board agreed to fund an enhancement grant program for the Main Street District. The program offers matching grants of up to $25,000 for businesses in the Main Street District to improve building facades. The project was allotted $200,000. The goals of the project are to beautify Main Street, to enhance Main Street's appeal to new businesses and visitors, and to add value to the City of La Porte. The Board approved a grant for Don Hulen, owner of the La Porte Toolbox (formerly Real Cheap Tools), at the La Porte Development Corporation Board meeting on June 27, 2011. Mr. Hulen has performed the work as indicated in his application, and he has submitted his receipts for payment. The Board has reviewed Mr. Hulen's receipts, the work completed, and has verified that the property is in good standing with the City regarding property taxes for 2011. Earlier this evening, this grant request was approved by the Board. However, because the amount is over $15,000, the La Porte Development Corporation By -Laws require Council's approval to expend the funds. Action Required by Council: Consider approval or other action affirming the La Porte Development Corporation Board's action awarding Mr. Don Hulen /Real Cheap Tools $25,000 for satisfactory completion of the facade grant program. Approved for City Council Agenda Steve Gillett, Interim City Manager Date BUSINESS. BYJHE BAY. Main Street Enhancement Grant Program Application Evaluation /Award Breakdown Application Date: 5/26/2011 Completion Date: 12/13/2011 Business Name: Peal Cheap Tools Contact Name: Don Nulen Business Address: 111 South 8th Street / La Porte, TX 77571 Phone: 281 -842 -7777 Email: Recommended Reimbursement: $25,000 Total reciepts $ 52,771.26 Total amount eligible for reimbursement: $ 52,771.26 Reimbursable amount (50% of eligible expenses): $ 26,385.63 Adjustment (awards capped at $25,000): $ 1,385.63 $ 25,000.00 LA POPTE BY THE BAY 604 W. Fairmont Parkway La Porte, Texas 77571 (281) 470 -5017 poae ; of The folloNyiiig items have been presented to the City of La Porte Economic Development Corporation for reimbursement. All items N ere approved expenses, and have been completed as indicated on the initial application. Questions regarding these expenses may be referred to the Economic Development Office at (281) 470 -017. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 9, 2012 Requested By: Tim Tietjens Department: Planning Report: X Resolution: Ordinance X Exhibits: Ordinance Exhibits: Deed Exhibits: Area Map Exhibits: Budget Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO SUMMARY & RECOMMENDATION Over the past several Nears, the City of La Porte has assisted the La Porte Chapter of Bay Area Habitat for Humanity by donating numerous tax foreclosure properties or other properties owned by the City, for the purpose of providing families of modest means meeting specific income requirements the opportunity to fulfill the dream of home ownership. Home ownership is the single most effective way for many families to build personal wealth. The Habitat for Humanity program utilizes sweat equity of the recipient families and volunteer labor in construction to achieve affordability and long term success of the recipients. The Bay Area Habitat for Humanity has two units currently under construction on N. 7 "' Street just north of W. Madison Street, and has requested the City provide two additional building sites to facilitate construction of two more homes over the next program year in the north side of La Porte. The City currently owns six scattered buildable sites within the Northside neighborhood that are part of the City's recently approved HOME program application to Harris County. It was suggested that the City earmark two sites (417 N. 4 Street and 517 N 3r Street) out of that application to the Habitat Program. Should City Council approve this action, staff would then endeavor to substitute two sites along N. 7 t " within the Northside neighborhood for the Harris County application and revise the application accordingly. Action Required by Council: Approve ordinance authorizing the Mayor to execute a Special Warranty Deed for Lots 25 -26, Block 89 and Lots 25 -26, Block 105, (417 N. 4 Street and 517 N 3r Street) Town of La Porte to the Bay Area Habitat for Humanity. Approved for City Council Agenda Steve Gillett, Interim City Manager Date ORDINANCE NO. 2012- AN ORDINANCE APPROVING AND AUTHORIZING THE DONATION OF LOTS 25 AND 26 OF BLOCK 89, AND LOTS 25 AND 26 OF BLOCK 105, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS, TO LA PORTE CHAPTER, BAY AREA HABITAT FOR HUMANITY, A TEXAS NON - PROFIT CORPORATION, FOR THE CONSTRUCTION OF AFFORDABLE HOUSING; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The Mayor is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED this the 9 day of January, 2012. CITY OF LA PORTE Louis R. Rigby Mayor ATTEST: Patrice Fogarty City Secretary APPROVED: Clark T. Askins Assistant City Attorney SPECIAL WARRANTY DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: January 9, 2012 Grantor: CITY OF LA PORTE, a municipal corporation Mailing Address: 604 West Fairmont Parkway La Porte, TX 77571 Grantee: LA PORTE CHAPTER, BAY AREA HABITAT FOR HUMANITY — HOUSTON, INC. Mailing Address: P. O. Box 1284, Dickinson, TX 77539 Consideration: Ten and No /100 Dollars ($10.00) cash and other good and valuable considerations Property (including any improvements): Tract 1: Lots Twenty -five (25) and Twenty -six (26), in Block Eighty -nine (89), Town of La Porte, a subdivision of Harris County, Texas, according to the map or plat thereof recorded in the Office of the County Clerk of Harris County, Texas. Tract 2: Lots Twenty -five (25) and Twenty -six (26), in Block One Hundred Five (105), Town of La Porte, a subdivision of Harris County, Texas, according to the map or plat thereof recorded in the Office of the County Clerk of Harris County, Texas. Reservations from and Exception to Conveyance and Warranty: Taxes for the current year have been prorated and are assumed by Grantee. This conveyance is made subject to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and covenants, if any, applicable to and enforceable against the above described property as reflected by the records of the county clerk of the aforesaid county. Grantor for the consideration and subject to the reservations from the exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. CITY OF LA PORTE ATTEST: Patrice Fogarty, City Secretary STATE OF TEXAS § COUNTY OF HARRIS § Louis R. Rigby Mayor This instrument was acknowledged before me on the day of January, 2012, by LOUIS R. RIGBY, Mayor of the City of La Porte, a municipal corporation. Notary Public, State of Texas AFTER RECORDING RETURN TO: ASKINS & ASKI NS, P.C. P. O. Box 1218 La Porte, TX 77572 -1218 PREPARED IN THE LAW OFFICE OF: ASKINS & ASKI NS, P.C. P. O. Box 1218 La Porte, TX 77572 -1218 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 9, 2012 Requested By: Tim Tietiens Department: Planning Report: Resolution: Ordinance: X Exhibits: • Ordinance: IDA • Industrial District Agreement • Ordinance: Water Service Agreement • Water Service Agreement • Area Map Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: _YES X NO SUMMARY & RECOMMENDATION KTN Gulf Coast has approached the City for water service to its proposed 253028 acre site at in the Battleground Industrial District (see Area Map). The company will occupy the facility and will employ 95 full -time employees. Council has approved a policy to provide water and sanitaiv sewer service to companies located outside the city limits and within the City's industrial districts (ETJ). These companies are required by the policy to execute and maintain a current Industrial District Agreement (IDA) with the City. KTN Gulf Coast desires to obtain water service from the City under the terms of this policy. As part of this request, the company has transferred the property's previous IDA (2007 - IDA -70) to a new IDA under its name (2007- IDA-70-A). Based on the company's stated demand for domestic uses, the average daily volume for potable water and sanitaiv sewer is 4,750 gallons per day. Under the terms of the policy, the applicant will pay one and one -half (1 -1/2) times the City's current utility rate for service. Additionally, KTN Gulf Coast is subject to a one -time administrative fee of $9,500 for its Water Service Agreement for which the company has subsequently made payment to the City. The terms of the company's Industrial District Agreement and Water Service Agreement will expire on December 31, 2019, plus any renewals and extensions thereof. However, the Water Service Agreement will automatically expire at such time as there is no effective Industrial District Agreement between the parties or, if the City exercises its right of termination. Action Required by Council: Approve ordinances authorizing the City to enter into an Industrial District Agreement and a Water Service Agreement with KTN Gulf Coast. Approved for City Council Agenda Steve Gillett, Interim City Manager Date ORDINANCE NO. 2007- IDA -70 -A AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH KTN GULF COAST, A TEXAS CORPORATION FOR THE TERM COMMENCING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2019, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEROF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1 . KTN Gulf Coast, a Texas Corporation has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 2008, and ending December 31, 2019, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City attorney of the City of La Porte, be and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. 1 PASSED and APPROVED, this 9 th day January of 2012, CITY OF LA PORTE Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: Knox Askins, Assistant City Attorney NO. 2007 -IDA 70-P STATE OF TEXAS COUNTY OF HARRIS INDUSTR DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corppyatior�. of ,K��i s. County, Texas, hereinafter call "C TY", and�(/�� a T corpo , ation; he reinafter called "COMPANY ", W I T N E S S E T H; WHEREAS, it is the established policy of the City Council, of the City of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas ", and Ordinance No. 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas ", hereinafter collectively called "District ", such Ordinances being in Compliance with the Municipal Annexation Act of Texas, codified as Section 42.044, Texas Local. Government Code; and WHEREAS, Company is the owner of land within a designated Industrial. District of the City of La Porte, said land being legally described on the attached Exhibit "A" (hereinafter "Land " }; and said Land being more particularly shown on a plat attached as Exhibit "B ", which plat describes the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte; and WHEREAS, City desires t of industrial plants within desires to enter into this Ordinance adopted by the Cit y the official minutes of said o encourage the said Districts Agreement with Council of sai d City: expansion and growth and for such purpose Company pursuant to City and recorded in 1 NOW, THEREFORE, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinances of City referred to above, City and Company hereby agree with each other as follows: 1. City covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provisions of this Agreement, said District shall continue to retain its extraterritorial status as an industrial district, at least to the extent that the same Covers the hand belonging to Company and its assigns, unless and until the status of said Land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing and to the later provisions of this Agreement, City does further covenant, agree and guarantee that such .industrial district, to the extent that it covers said Land lying within said District and not now within the corporate limits of City, shall be immune from annexation by City during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all Land, including that which has been heretofore annexed, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon; provided, however, any portion of Land constituting a strap of land 100' wider and contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146, shall be subject to the rules and regulations attached hereto as Exhibit "C" and made a part hereof; and provided, however, it is agreed that City shall have the right to institute or intervene in any administrative and /or judicial proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & Safety Code, or other federal or state environmental laws, rules or regulations, to the same extent and to the same intent and effect as if all Land covered by this Agreement were not subject to the Agreement. 11. In the event that any portion of the Land has heretofore been annexed by City, Company agrees to render and pay full City ad valorem taxes on such annexed Land and improvements, and tangible personal property. Under the terms of the Texas Property Tax Code (S.S. 621, Acts of the 65th Texas Legislature, Regular Session, 1979, as amended), the appraised value for tax purposes of the annexed portion of Land, improvements, and tangible personal property shall be determined by the Harris County Appraisal District. The parties hereto recognize that said Appraisal. District has no authority to appraise the Land, improvements, and tangible personal, property in the unannexed area for the purpose of computing the "in lieu" K payments hereunder. Therefore, the parties agree that the appraisal of the Land, improvements, and tangible personal, property in the unannexed area shall be conducted by City, at City's expense, by an independent appraiser of City's selection. The parties recognize that in making such appraisal. for "in lieu" payment purposes, such appraiser must of necessity appraise the entire (annexed and unannexed) Land, improvements, and tangible personal. property. Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal, District to establish the appraised value of Land, improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes. 1x1. A. The properties upon which the "in lieu of" taxes are assessed' are more fully described in subsections 1, 2, and. 3 of subsection C, of this Paragraph Trl (sometimes collectively called the "Property "); provided, however, pollution control equipment installed on the Land which is exempt from ad valorem taxation pursuant to the provisions of Sec. 11.31 of the Texas Property Tax Code is exempt from ad valorem taxation and "in lieu of taxes" hereunder. Property included in this Agreement shall not be entitled to an agricultural use exemption for purposes of computing , in lieu of taxes" hereunder. B. on or before the later of December 31, 2008, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31, 2019, Company shall pay to City an amount of "in lieu of taxes" on Company's Property as of January 1.st of the current calendar year ( "Value Year ") . C. Company and City agree that the following percentages ( "Percentage Amount ") shall apply during each of the Value Years: Value Year 2008: 621 Value Year 2009: 62% Value Year 201.0: 62% Value Year 2011: 62% Value Year 2012: 62% Value Year 201.3: 62% Value Year 2014: 63% Value Year 2015: 63% Value Year 2016: 630 Value Year 2017: 63% Value Year 2018: 63t- Value Year 2019: 630 Company agrees to pay to City an amount of "in lieu of taxes" on Company's land, improvements and tangible personal property in the unannexed area equal to the sum of: 3 1, Percentage Amount of the amount of ad valorem taxes which would be payable to City if all of the Company's Land and improvements which existed on January 1, 2008, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts which would be so payable with respect to any Substantial Increase in value of such Land and improvements to which subparagraph 2, below applies), had been within the corporate limits of City and appraised each year by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code; and 2. (a) On any Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) dedicated to new construction, in excess of the appraised value of same on January 1, 2007, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation), for each Value Years following completion of construction in progress, an amount equal to Twenty -five percent (25% if construction is completed in Value years 2008 through 2013; and Twenty percent (20t), if construction is completed in Value years 2014 through 2019, of the amount of ad valorem taxes which would be payable to City if all of said new construction had been within the corporate limits of City and appraised by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code. in the case of new construction which is completed in Value Year 2016 or Later, and provided, further, that City and Company enter into an Industrial District Agreement after the expiration of this Industrial District Agreement, then, and in such events, such new construction shall, be entitled to additional. Value Years under the new Agreement at a Twenty percent (20 %) valuation under this subparagraph (a), for a total of six (6) Value Years, but not extending beyond Value Year 2022, (b) A Substantial. Increase in value of the Land, improvements, and tangible personal property (excluding inventory) as used in subparagraph 2(a) above, is defined as an increase in value that is the lesser of either: i. at least Five percent (5!0 of the total appraised value of Land and improvements, on January 1, 2007; or ii, a cumulative value of at Least $3,500,000,00, 4 For the purposes of this Agreement, multiple projects than are completed in a Value Year can be cumulated to arrive at the amount for the increase in value. (c) if existing Property values have depreciated below the Property value established on January 1, 2007, an amount equal to the amount of the depreciation will be removed from the calculation under this subparagraph 2 to restore the value to the January 1, 2007, value; and 3. Percentage Amount of the amount of ad valorem taxes which would be payable to City on all of the Company's tangible personal property of every description, located in an industrial district of City, including, without limitation, inventory, (including inventory in a federal Foreign Trade zone and including L Freeport exempted inventory), oil, gas, and mineral interests, items of leased equipment., railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 2008, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts which would be so payable with respect to any Substantial Increase in value of such tangible personal property to which subparagraph 2, above applies), had been within the corporate limits of City and appraised. each year by the City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code. with the sum of 1, 2 and 3 reduced by the amount of City's ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. 4. Notwithstanding the above, should City elect to grant the freepoxt inventory exemption authorized by Article VII1, Section 1 -j of the Texas Constitution and Section 11.251 of the Texas Property Tax Code to taxpayers within the City limits, then the Freeport inventory exemption shall apply to parties to this Agreement. Further, should inventory or any other class or type of property become exempt from taxation by constitutional amendment or act of the Texas Legislature (including, but not limited to, Article V111, Section 1 -n, of the Texas Constitution and Section 11.253 of the Texas Property Tax Code), such class or type of property shall be exempt for purposes of this Agreement, unless the City Council of the City of La Porte shall by Ordinance provide for the continued taxation of such property under the authority of any applicable provisions of the Texas Constitution and Texas Statutes. 5 S. City and Company acknowledge circumstances might require the City to provide emergency services to Company's Property described on Exhibit "A attached hereto. Emergency services are limited to fire, police, and public works emergency services. if Company is not a member of Channel Industries Mutual Aid Association (CIMA), Company agrees to reimburse City for its costs arising out of any emergency response requested by Company to Company's property, and to which City agrees to respond. if Company is a member of CIMA, the obligations of Company and City shall be governed by the CIMA agreement, to which agreement City is a party. IV. This Agreement shall extend for a period beginning on the Ist day of January, 2008, and continuing thereafter until December 31, 2019, unless extended for an additional period or periods of time upon mutual consent of Company and City as provided by the Municipal Annexation Act, provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before August 31, 2019, the agreement of City not to annex property of Company within the District shall terminate. In that event, City shall have the right to commence immediate annexation proceedings as to all of Company's property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement. Company agrees that if the Texas Municipal Act, Section 42.044, Texas Local Government Code, is amended after January 1, 1994, or any new legislation is thereafter enacted by the Legislature of the State of Texas which imposes greater restrictions on the right of City to annex land belonging to Company or imposes further obligations on City in connection therewith after the annexation of such land, Company will waive the right to require City to comply with any such additional restrictions or obligations and the rights of the parties shall be then determined in accordance with the provisions of said Texas Municipal Annexation Act as the same existed January 1, 1994, V. This Agreement may be extended for an additional period or periods by agreement between City and Company and /or its assigns even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. V1. A. In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have the right to take: all legal steps desired by it to reduce the same, Notwithstanding such protest by Company, and except as otherwise provided in Article 'VI(B), Company agrees to pay to City on or before the date therefore hereinabove provided, at least the total of (a) the total amount of ad valorem takes on the annexed portions, plus (b) the total amount of the "in lieu of taxes" on the unannexed portions of Company's hereinabove described property which would be due to City in accordance with the foregoing provisions of this Agreement on the basis of renditions which shall be filed by Company. When the City or Harris County Appraisal, District (as the case may be) valuation on said property of Company has been so finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Company shall make payment to City of any additional payment due hereunder, or City shall make payment to Company of any refund due, as the case may be, based on such final, valuation, together with applicable penalties, interests, and costs. B. Should -Company disagree with any appraisal made by the independent appraiser selected by City pursuant to Article Il above (which shall be given in writing to Company), Company shall, within twenty (20) calendar days of receiving City's invoice, gave written notice to the City of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" payments to be made under this Agreement. Should Company give such notice of disagreement, Company shall also submit to the City with such notice a written statement setting forth what Company believes to be the market value of Company's hereinabove described property. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agreement as to the market value of Company's property for "in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submit the dispute to final arbitration as provided in subparagraph 1 of this Article Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least the total, of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company's written valuation-a statement submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. fi 1 A Board of Arbitrators shall be created composed of one person named by Company, one by City, and a third to be named by those two. in case of no agreement on this arbitrator in 10 days, the parties will join in a written request that the Chief Judge of the U.S. District Court for the Southern District of Texas appoint the third arbitrator who, (as the "Impartial Arbitrator ") shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration shall be resolution of the difference between the parties as to the fair market value of Company's property for calculation of the "in lieu" payment and total payment hereunder for the year in question. The Board shall hear and consider all relevant and material evidence on that issue including expert opinion, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties, subject only to judicial review as may be available under the Texas General Arbitration Act (Chapter 171, "General. Arbitration ", Texas Civil practice and Remedies Code) . Costs of the arbitration shall be shared equally by the Company and the city, provided that each party shall bear its own attorneys fees. VII. City shall be entitled to a tax lien on Company's above described property, all improvements thereon, and all tangible personal property thereon, in the event of default in payment of "in lieu of taxes" payments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes, VIII. This Agreement shall inure to the benefit of and be binding upon City and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and shall remain in force 'whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. Company shall give City written notice within ninety (90) days, with full particulars as to property assigned and identity of assignee, of any disposition of the ]Land, and assignment of this Agreement. IX. If City enters into an Agreement with any other landowner with respect to an industrial district or enters into a renewal of any existing industrial district agreements after the effective date hereof and while this Agreement is in effect, which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. X. The parties agree that this Agreement complies with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not unduly restrictive of Company's business activities. Without such agreement neither party hereto would enter into this Agreement. In the event any one or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, corporation or circumstances shall be held, by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. XS. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said Land shall. terminate. X11. Notices by a party to the other party hereto, shall be mailed or delivered as follows: To the City of La Porte: City Manager Ci ty of La Porte 604 West Fairmont Parkway La Porte, TX 77571 • _ To Company: JT Tt - q -�h (, _ [� ,,rtrt (COMPANY) Attention: Dk r f"� � Department Company shall promptly notify City of any change of ownership of Property, any assignment of this Agreement, and of any change of billing address. Company shall notify City annually, on or before June 1, of any changes to the following information: 9 Plant Manager Name: Address: Phone: Fax: Email: Tax Agent /Billing Contact Name: Address: Phone: Fax: Email; ENTERED INTO effective the 1st day of January, 2008. F MPANY ) Name: P zJ c r K Title: PRC5 Addre T f 5 / x ATTEST: By: City Secretary APPRO D : j a� A By: Knox W. Askins City Attorney City of La Porte CITY OF LA PORTE Louis R. Rigby Mayon Ron Bottoms City Manager P.O. Box 1218 La Porte, TX 77572 - 1218 281.471.1886 281.471.2047 fax knoxaskins @comcast.net CITY OF LA PORTE 604 West Fairmont Parkway La Porte, TX 77571 10 STATE OF TEXAS ' E COUNTY OF HARRIS ' This instrument was acknowledged before me on the dav of Atyqu 2 0 /1 , by ._ & 0 n � 1 __ ,,,,, i n h oe �s 5 - of _ T �[,( C ©�s corporation, a corporation, on behalf of said entity. try Notary Public, State of eras ROSIN R. ELDRfo(JE My G OMMI181on Expires July 16, 2014 STATE OF TEXAS ' COUNTY OF HARRIS ' This instrument was acknowledged before me on the day of , 20_, by Louis Rigby, Mayor of the City of La Porte, a municipal corporation, on behalf of said entity. Notary Public, State of Texas 11 ORDINANCE NO. 2012- AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND KTN GULF COAST, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by the reference. The City ,Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. The City Manager is hereby authorized to execute said contact, agreement, or other undertaking described in the title of this ordinance. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This ordinance shall be effective from and after its passage and approval, and it is so ordered. ORDINANCE NO. 2012- PAGE 2 PASSED AND APPROVED, this day of , 2012. CITY OF LA PORTE IN ATTEST: Patrice Fogarty City Secretary APPROVED: Knox W. Askins City Attorney Louis R. Rigby Mayor STATE OF TEXAS § COUNTY OF HARRIS§ CITY OF LA PORTE WATER SERVICE AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY ", and KTN GULF COAST, hereinafter called "COMPANY ". COMPANY is the owner of certain real property which is situated within the CITY'S Battleground Industrial District (HCAD # 040- 174 -000 -0091) and not within the corporate limits of the CITY. CITY and COMPANY are parties to a current Industrial District Agreement. COMPANY is desirous of purchasing potable water from CITY for usual human domestic uses. Previous planning considerations for the long -range potable water supply of CITY did not include the needs of properties located outside the corporate limits of CITY. COMPANY recognizes that CITY cannot at this time provide permanent and unlimited water service. CITY agrees, however, to provide limited potable water service to COMPANY. For and in consideration of furnishing domestic potable water by CITY, the parties hereto agree as follows, to -wit: COMPANY has made certain representations to CITY as to the number of employees that will be located at the COMPANY'S property as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. Upon review of these representations, the City has determined the following: Number of Full -Time Employees on site 95 + Number of Full -Time Contract Employees on site 0 = Total On -Site Full -Time Employees 95 Potable Water Approved for Domestic Use (Total on -site Employees times 50 gpd per employee) 4,750 Total Amount of Potable Water Approved for COMPANY (Average Daily Volume, gpd) 4,750 IV. CITY has determined that adequate resources are available to CITY to furnish potable water to COMPANY based on the following terms and conditions, to -wit: 2 (A) COMPANY shall pay to CITY a one -time administrative fee of $ 9.500. (B) The total amount of potable water approved to COMPANY is established at FOUR THOUSAND SEVEN HUNDRED FIFTY (4,750) gallons per day. This number is based on an average of fifty (50) gallons per employee per day as established by CITY. (C) The average monthly volume of ONE HUNDRED FORTY FOUR THOUSAND EIGHT HUNDRED SEVENTY FIVE (144,875) gallons is established by multiplying the average daily volume by a factor of 30.5, which shall be used to facilitate CITY'S utility service billings. (D) Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly volume of ONE HUNDRED FORTY FOUR THOUSAND EIGHT HUNDRED SEVENTY FIVE (144,875) gallons. Repeated consumption greater than the established average monthly volume may result in termination of service. (E) COMPANY shall pay the standard water tapimeter fee based on CITY'S current tap /meter fee schedule. Upon final approval of COMPANY'S on -site and/or off -site utility construction by CITY, COMPANY shall pay the CITY'S standard water deposit fee through CITY'S Utility Billing Division prior to receiving water service from CITY. (F) The cost of water up to the average monthly volume of ONE HUNDRED FORTY FOUR THOUSAND EIGHT HUNDRED SEVENTY FIVE (144,876) gallons shall be billed at one hundred fifty percent (150°/x) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (G) The cost of water for amounts used in excess of the established average monthly volume shall be billed at two hundred percent (200 %) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (H) COMPANY shall submit a preliminary site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. COMPANY'S development may be subject to certain additional requirements as described in Exhibit A. These requirements shall be shown on the final site plan and approved by City. (1) COMPANY'S site design and site development will, in certain cases, be subject to specific "Rules and Regulations" as defined in Exhibit "C" of COMPANY'S Industrial District Agreement with CITY. (J) All plumbing installed by COMPANY connected to the domestic water line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements. (K) A reduced pressure zone backflow preventer shall be installed and maintained by COMPANY to protect CITY from any possible cross - connections. (L) COMPANY'S potable water supply system will be segregated from any existing and future fire protection system. (M) The total cost for the engineering design and construction of any potable water main, service line, back flow preventer, meter or other required appurtenances will be the responsibility of COMPANY. (N) COMPANY agrees to be bound by all applicable ordinances of CITY, relative to the furnishing of potable water to customers within the corporate limits of CITY. (0) There shall be no resale of water provided by CITY, nor any extension of service lines by COMPANY to serve other parties. (P) CITY'S personnel shall have the right of prior review and approval of COMPANY'S plans and specifications for the plumbing system(s). CITY shall have the right to inspect any and all work related to the furnishing of potable water to COMPANY. (Q) CITY shall have the right to interrupt or temporarily suspend said water service to COMPANY if an emergency arises and there is not an adequate water supply to meet the needs of the citizens of LaPorte. (R) CITY reserves the right to enforce its drought contingency plan on all water customers at CITY'S sole discretion. (S) CITY does not guarantee its water system to provide specific water pressure and/or water volume requirements of COMPANY. V. All expenses of the installation of the meter; service lines from the main to the meter; and from the meter to COMPANY'S facilities, shall be solely at the expense of COMPANY. COMPANY shall own and maintain all service lines and plumbing facilities beyond the meter. CITY shall own the meter. Vi. In the event a State or Harris County license, permit, or permission to install the water main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. VII. CITY reserves the right of entry at all reasonable times for the purpose of inspection of COMPANY'S water facilities, reading its water meter(s) and to observe compliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY shall notify COMPANY in advance. CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility. N" CITY reserves the right to terminate this agreement In the event of violation of the terms and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten (10) calendar days from date of written notice by CITY may result in termination of Agreement. CITY shall have the right to summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the integrity of the public water supply is threatened. IX. Upon receipt of written notice of termination. COMPANY shall have up to six (6) months to prepare for transition to another water supply. If the transition is not complete within said six - month period, CITY shall have the right to terminate water service at its sole discretion. v 4 0 In the event of any conflict between the terms and provisions of this Water Service Agreement and the terms and provisions of the Industrial District Agreement between the parties, the terms and provisions of the Water Service Agreement shall control, to the extent of such conflict. The term of this Agreement shall expire on DECEMBER 31,_2019 plus any renewals and extensions thereof. However, this Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if CITY exercises its right of termination. ENTERED INTO effective the _ day of 2012 Stgn mp tharized Representative Printed Name: .4P70 A) c' i_ Y A E rza Company Representative's Title: o 1,6- CIt Company's Address: 4 f v o L - . Pv L P !.h C-1 S `T ' v t O c, �.A � It J: r 4 a R _ ATTEST: Patrice Fogarty City Secretary APPROVED; Knox W. Askins City Attorney 2 CITY OF LA PORTE Louis R. Rigby Mayor Steve Gillett Interim City Manager EXHIBIT "A" to Water Service Agreement The Water Service Agreement is hereby amended and supplemented to include the following additional requirements agreed to by CITY and COMPANY. These requirements represent contractual obligations of COMPANY to receive water service from CITY per the terms of the Water Service Agreement and this addendum. COMPANY shall fulfill each of the following additional requirements as set forth below. Additional Requirements of COMPANY: 1. NIA. Initial for Ap rte CITY APPROVAL: COMPANY APPROVAi REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 9, 2012 Requested By: Tim Tietiens Department: Planning Report: Resolution: Ordinance: X Exhibits: 1. Ordinance 2. Deed to Grantee 3. Area Map Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: _YES X NO SUMMARY & RECOMMENDATION The City has received application from Port Modal Centre, L.P. to vacate, abandon and close a residual portion of the North 8 "' Street Right -of -Way between Lots 27 & 28, Nebraska Syndicate (see Area Map). In June 1989, Harris County Flood Control District acquired portions of the North 8 "' Street Right -of -Way for improvements to the 1 watershed. These acquisitions left a 0.6924 acre tract remaining within the North 8 "' Street Right -of -Way. Port Modal Centre, L.P. desires to close this remaining tract to unifi- its propeity for future platting and development. While development of the building pad is currently undenvay, the portion affected by this right of way is not yet permitted and has only been granted conditional approval through the site plan. Staff has reviewed the closing request and determined that an existing 6" sanitaiv sewer force main exists within the closing area. Therefore, a 10' sanitaiv sewer easement has been reserved as part of the closing ordinance. Additionally, the City s franchised utility companies (Centeipoint Energy, AT &T and Comcast) have each reviewed the request and expressed no objection to the closing. In accordance with Section 6235 of the Code of Ordinances, Staff has ordered an independent appraisal of the tract in question to determine its fair market value. The appraisal determined the fair market value of the 0.6924 acre tract to be $4.25 per square foot. The City has subsequently received payment from the applicant in the amount of $96,138 (75% of Fair Market Value per the ordinance) for the closing. Staff recommends closing the residual 0.6924 acre tract within the North 8 "' Street Right -of -Way, retaining a 10' wide sanitaiv sewer easement within the tract, and issuing a deed to Port Modal Center, L.P. for the subj ect tract. Action Required of Council: Approve an ordinance vacating, abandoning, and closing a 0.6924 acre tract between Lots 27 & 28, Nebraska Syndicate; retain a 10' wide sanitaiv sewer easement within said tract; and issue a deed to the Port Modal Centre, L.P. for the residual 0.6924 acre tract of land located within the subject right -of -way. Approved for City Council Agenda Steve Gillett, Interim City Manager Date ORDINANCE NO. 2012- AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF NORTH 8TH STREET, TOWN OF LA PORTE, HARRIS COUNTY, TEXASf FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW1 AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has been requested by record owner of all of the property abutting the hereinafter described portion of North 8th Street, Town of La Porte, Harris County, Texas, to vacate, abandon, and permanently close that portion of North 8th Street, Town of La Porte, Harris County, Texas; and WHEREAS, the City Council of the City of La Porte has determined and does hereby find, determine and declare that the hereinafter described portion of North 8th Street, Town of La Porte, Harris County, Texas, is not suitable, needed, or beneficial to the public as a public road, street and alley, and the closing of the hereinafter described portion of North 8th Street, Town of La Porte, Harris County, Texas, is for the protection of the public and for the public interest and benefit, and that the hereinafter described portion of North 8th Street, Town of La Porte, Harris County, Texas, should be vacated, abandoned, and permanently closed. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Under and by virtue of the power granted to the City of La Porte under its Home Rule Charter and Chapter 253, Section 253.001, Texas Local Government Code, the hereinafter described portion of North 8th Street, Town of La Porte, Harris County, Texas, is hereby permanently vacated, abandoned and closed by the City of La Porte, to -wit: Being 0.6924 acre (30,161, square feet) of land lying in the Johnson Hunter League, Abstract No. 35, in Harris County, Texas, as being more particularly described by metes and bounds on Exhibit " A " attached hereto, incorporated by reference herein, and made a part hereof for all purposes. SUBJECT TO: The City of La Porte hereby retains a ten foot (10') wide sanitary sewer easement as illustrated by as-built plans from Clay Development & Construction, Inc., dated May 2011, entitled "Propsed 12" Waterline and 6 Sanitary Sewer Force Main Relocation at 1400 State Highway 146" (City of La Porte Project ## 11-67000001). Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 9th day of January, 2012. CITY OF LA PORTE By: Louis R. Rigby Mayor ATTEST: Patrice Fogarty City Secretary 2 APPROVED: Knox W. Askins City Attorney BEING 0.6924 ACRE (30,161 square feet) LBGAL DRSCRIPTION OF LAND LYING. IN THE JOHNSON HUNTER LEAGUE, ABSTRACT NO. 35 IN HARRIS COUNTY, TEXAS, BEI PART OF L OT 27 OF THE NEBRASKA SYNDICATE SUBDIVISION, ACCORDING TO THE MA OIL PLAT REC- ORDED IN VOLliME 83 PAGE 315 OF `ITIT HARRIS COUNTY DEED RECOOS, AND BEING TART OF BIGHTkI STREET (80 FEET WrDF,), SAID STREET BEING C:`.LUS_L 'BY ORDER OF TUB .COMMISSIONERS COURT OF HARRIS .COUNTY, TEXAS, DATED OCTOBER 14 1938 AND RECORDED IN VOLUME 6 PAGE 591 OF TI113 MINUTES OF THE COMMISSIONERS COURT. SAID 0.6924 ACRE 'TRACT IS MORE PARTICULARLY DESCRIBED BY THE MI3TES AND BOUNDS AS FOLLOWS; COMMENCING at the intersection of the south line of Lot 28, with the East Right-of- Way line of State Highway 146 (288' wide); THENCE North 03° 01'55 West, with said Bast right-of-way line, a distance of 50,00 feet to a point for corner, THENCE North 80' 57' 42" East, a distance of 537.00 feet to a point on the East line of said Lot 28; THENCE North 03 01' 55" West, along the West line of Lot 27, a distance of 539.85 feet, to the POINT OF BEGINNING; THENCE North 03° 01' 55" West, along the center line of said Eight Street (80 feet wide) a distance of 289.54 feet to a Set J/2 iron rod for corder; THENCE North 88° 30' 00" East, along the South boundary line of a 0.798 Acre tract recorded under Harris County Clerks File Number 4-06025%,p distance of 40.02 feet to a point for corner; THENCE North 03'01'55" West, along the East right of way line of said Eight Street (80 feet wide) distance of 221.91 feet to a point for corner; THENCE South 86 53' 22" West, along the South line of said 1.967 Acre trt}ct recorded under Harris County Clerks File Number Z- 060253, a distance of 80.00 feet to a point for corner and being the West right of way line of said Bight Street (80 feet wide); THENCE South 03° 01' 55" East, along the West right of way line of said Eight Street (80 feet wide), a distance of 57$.05 feet to a point -for corner; THENCE North 21° 43' 12" East, a distance of 95.53 feet to the PLACE OF BEGINNING of the herein described tract, containing 0,6924 Acres or (30,161 square feet) of land. EXHIBIT {SAD NOT TO SCALE I V4 rr+ � i1M 1 RM AM N� � � w m Im CLOSING AREA II ���A� - M� o 5- ELAM=.. a -.a 'L# go LCM3 pagwm AM wa am MEN&= 1 �. DEED WITHOUT WARRANTY NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: January 9, 2012 Grantor: City of La Porte, a municipal corporation Mailing Address: 604 West Fairmont Parkway, La Porte, TX 77571 Grantee: Port Modal Center, L.P. a limited partnership Mailing Address: 5599 San Felipe, Suite 1440, Houston, TX 77056 Consideration: Ten and No /100 Dollars ($10.00) cash and other good and valuable considerations Property (including any improvements): Being 0.6924 acre (30,161, square feet) of land lying in the Johnson Hunter League, Abstract No. 35, in Harris County, Texas, as being more particularly described by metes and bounds on Exhibit " attached hereto, incorporated by reference herein, and made a part hereof for all purposes, and generally illustrated on Exhibit "B ", which Street Right -of -Way was vacated, abandoned, and closed by City of La Porte Ordinance No. 2012- , passed and approved by the City Council of the City of La Porte on January 9, 2012. SUBJECT TO: The City of La Porte hereby retains a ten foot (10 wide sanitary sewer easement as illustrated by as -built plans from Clay Development & Construction, Inc. , dated May 2011, entitled "Propsed 12 Waterline and 6 11 Sanitary Sewer Force Main Relocation at 1400 State Highway 146E (City of La Porte Project # 11- 67000001). Reservations from and Exception to Conveyance and Warranty: This conveyance is made subject to all and singular the restrictions, conditions, oil, gas, and other mineral reservations, easements, and covenants, if any, applicable to and enforceable against the above described property as reflected by the records of the county clerk of the aforesaid county. Grantor for the consideration and subject to the reservations from and exceptions to conveyance, conveys to Grantee the property without express or implied warranty, and all warranties that might arise by common law and the warranties in 95.023 of the Texas Property Code (or its successor) are excluded. Attest: Patrice Fogarty City Secretary ApprQyed: ° a `oz) cle�' �. Knox W. Askins City Attorney STATE OF TEXAS § COUNTY OF HARRIS By: City of La Porte Steve Gillett Interim City Manager a This instrument was acknowledged before me on the day of , 2012 by Steve Gillett Interim C ity Manager of the ty of La Porte, a municipal corporation. Notary Public, State of Texas AFTER RECORDING RETURN TO: ASKINS & ASKINS, P.C. P.O. Box 1218 La Porte, TX 77572 ASKINS & ASKINS, P.C. P.O. Box 1218 La Porte, TX 77572 -1218 BEING 0.6924 ACRE; (30,161 square feet) LEGAL DESCRIPTION OF LAND LYING IN THE JOHNSON HUNTER LEAGUE, ABSTRACT NO. 35 IN HARRIS COUNTY TEXAS, BEING PART OF LOT 27 OF THE NEBRASKA SYNDICATE - - - - -- SUBDIVISION; ACCORDING TO THEWMAP - PLAT RECORDED - IN - VOLUME 83 PAGE 345 OF THE HARRIS COVNTY Dl IUD PMCgRPS, AND BF-100 PART -QF EIGHTH STREET (801MLIT W)DE), SAID STREET BEING CLOSED 'BY ORDER OF THE .COMMISSIONERS COURT OF HARRIS - COUNTY, THXAS, SATED OCTOBER 141938 AND RECORDED IN VOLUME 6 PAGE 591 OF THE MINUTES OF TIME COMMISSIONERS COURT. SAID 0.6924 ACRE TRACT IS MORE PARTICULARLY DESCRIBED BY THE METES AND BOUNDS AS FOLLOWS' COMMENCING at the intersection of the south line of Lot 28, With the East Right -of- Way line of State Highway 146 (288' wide); THENCE North 03° 01' 55" West, with said East right-of-way line, a distance of %00 feet to a point for corner; THENCE North 86° 57' 42" East, a distance of 537.00 feet to a point on the East line of said Lot 28; TI -MNCE North 03° 0l' 55" West, along tho West line of Lot 27, a distance of 539.85 feet, to the POINT OF BEGINNING; THENCE North 03'01' 55" West, along the center line of said Eight Street (80 feet wide) a distance of 289.54 feet to a set 1 /2 iron rod for corner; THENCE North 88 30' 00" East, along the South boundary line of a 0.798 Acre tract recorded under Harris County Clerics File Number 7--060253, u dis.tance of 40.02 feet to it point for corner; THENCE North 03 0l' 55" West, along the East right of way line of said Eight Street (80 feet wide) distance of 221.91 feet to a point for corner; THENCE South 8V 53' 22" West, along the South line of said 1.967 Acre tract recorded under Harris County Clerks File Number Z-060253, a distance of 80.00 feet to a point for corner and being the West right of way line of said Eigllt Street (80 feet wide); THENCE South 03 55" East, aloq the West right of way line of said Eight Street (80 feet wide), a distance of 576.05 feet: to a point for corner; THENCE North 21° 43' 12" East, a distance of 95.53 feet to the PLACE OF BEGINNING of the herein described tract, containing 0.6924 Acres or (34,161 square feet) of land. EXHIBIT "All r <r 311,161 Sq. fl. 0.604 AOIVS fY 40.02' RXHIBIT "B" osa wi wo � ` +Te[ g � ��GI r'i�•r1 � ii 1 e H �' t ;; t it ( + .�i � ;;i 1T i��', p1x•q it �t�) ��w is I f g i l l. r, s ,�;ii' i ...smvre 1� i � � ' • i I ii � I i I I I � I I I ii I � V I I/ Mnm was) r BrATEMWrIOMEM rtar. I �9 + t REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 09, 2012 Requested By: D. Wilmore Department: Planning Report: X Resolution: Ordinance X Exhibits: Inspection Report Exhibits Condemnation Ordinance Budget Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION On March 28, 2011, City Council reviewed the findings of the Dangerous Building Inspection Board and granted an April 25, 2011, public hearing date. Council continued the public hearing on 1307 E. Main at multiple meeting dates to accommodate the probate process and subsequent sale of the property to a prospective buyer. Subsequent to the first public hearing meeting, legal notices in accordance with Article VIII; Section 82 -475 of the Code of Ordinance, were provided to the structure owner. In addition, the individual attended the last public hearing and is aware of the continuance. To keep the individual informed, staff has continued to communicate by phone and provide meeting reminder letters via regular mail. The property owner is deceased; however, a son has been handling the probate of the property. At the October 10 meeting, the son advised Council the probate was complete and the potential buyer (who was also at the meeting) is still interested in the property. The public hearing date has been continued to provide time for scheduling a closing on the property sale. At the time of the agenda preparation, the owner's son advised the title company has all needed paperwork and he hopes the closing will occur by the end of the month. A condemnation ordinance has been prepared to allow Council flexibility of condemnation versus continuance of the public hearing. Action Required by Council: Consider passage of ordinance or other action regarding condemnation of the substandard building at 1307 E. Main. Approved for City Council Agenda Steve Gillett, Interim City Manager Date City of La Porte DANGEROUS BUILDING INSPECTION FORM DATE: 2 -21 -2011 STREET ADDRESS: 1307 E. MAIN OWNER: JANE FUQUA LEWIS P. O. BOX 718 LA PORTS TX 77572 -0718 DEED OINWER: JANE LEWIS 1307 EAST MAIN ST LA FORTE TX 77571 OTHER GREG LEA'IS, 7310 PIATE SHADOWS LN, BA'YTOWN, TX 77521 LEGAL: BLIP 989 LT 8 -I6. LA PORTE OCCUPANCY TYPE: RES ZONING: R-2 NON - CONFORMING ISSUES: FACILITIES AVAILABLE: WATER X SEWER X ELECTRICAL: X GAS: X NO.OF DIATLLING UNITS: I VACANT: X OCCUPIED:. AS REQUIRED IN THE CITY'S CODE OF ORDINANCE, CHAPTER 82; ARTICLE VIII, THE BOARD OF INSPECTION MADE AA' MSPECTION OF THE AFOREMENTIONED PROPERTY, AND DETERMINED THE BUILDING LOCATED THEREON, IN THEIR OPINION, IS IN FACT A DANGEROUS BUILDING, FOR THE FOLLOANgNG REASONS: Sec. 52473. Declaration of Public Nuisance and Hazard. A. Dangerous or Substandard Buildings or Structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: �r I. A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up; 2. Whenever any portion therwf has been damaged by fire, earthquake, wind, flood, or by any other cause to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location; V 3. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; of 4. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay, or inadequacy of its foundation, or (c) any other cause, is likely to partially or completely collapse; S. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used; Dangerous Buildings Inspection Form Page 2 Ni 6. Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become (a) a public nuisance, (b) a harbor for vagrants, or as to (e) enable persons to resort thereto for the purpose of committing unlawful acts; 7. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the Board to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; �{ a. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire- resistive construction, faulty electric wiring, gas connections, or heating apparatus or other cause, is determined by the Board to be a fire hazard; B. Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the Board, that any or all of the following is applicable: til 1. Whenever any protective or safety device specified in The Electrical Code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended, 1f 2. Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety; 3. Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, health, property or safety; Ni 4. Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety. FINDINGS AND CONCLUSIONS OF THE BOARD OF rNSPECTION SELECT OPTION 91: REPAIRABLE — RESIDENTIAL IN ACCORDANCE R'ITH THE CITY'S DANGEROUS BUILDING REGULATIONS THE 2009 INTERNATIONAL RESIDENTIAL CODE AND THE 2008 NATIONAL ELECTRICAL CODE AS ADOPTED AMENDED AND ENACTED BY CITY ORDINANCES ##04 -2700. #96- 2079 -K ARID 496- 2079 -L. USING THE REGULATIONS AND CODE AS ITS GUIDE IT IS THE OPINION OF THE DANGEROUS BUILDING INSPECTION BOARD THAT THIS BUILDING IS 1N FACT DANGEROUS BUT STILL REPAIRABLE. ALL RE UrRED REPAIRS OR ALTERATIO'N'S SMALL BE DONE IN ACCORDANCE WITH ALL APPLICABLE CITY OF LA PORT$ CODES AND ORDINANCES. IF THE REPAIR OR ALTERATIO]NT ORDER IS NOT COMPLIED WITH WITHII\T THE TrMETABLE SET OUT IN ARTICLE VIII SECTION 82-478 IT IS TEEN THE OPINION OF THIS BOARD THAT THIS BUMI)ING BE DEMOLISHED. BUILDING OFFICIAL'S OFFICE DATE X C. al/ C; 3/ / FIRE MARSHAUS OFFICE DATE X Q'm' "� FIRE CHIEF'S OFFIC DATE Dangerous Building inspection Form Page 3 BUILDING EVALUATION CHECKLIST A = Adequate D = Deficient NIA — Not Applicable 1. STRUCTURAL COMMENT / EXPLANATION A. Foundation 1. Slab N/A 2. Pier & Beam a. Footings A b. Sills UNK c. Joists UNK B. Walls 1. Exterior A 2. Interior UNK C. Means of Egress 1. Doors a. Interior UNK b. Exterior A 2. Porches, Steps, Stairs A 3. Windows A D. Roof 1. Rafters D 2. Deck, Shingles D E. Ceilings 1. Joists UNK 2. Ceiling D F. Floors UNI' G. Other 1I. MEHCANICAL SYSTEMS A. Electrical 1. Service Entrance & Panel D 2. Wiring UNK 3. Lights, Switches UNK 4. Outlets UNK 5. Other B. Plumbing 1. Fixtures a. Sink UNK b. Lavatories UNK c. Water /Closets UNK d. Tub /Shower UNK e. Water Heater UNK 2. Water Piping UNK 3. Drain, Waste & Vent UNTK 4. Se-wer /Saptic tank UNK 5. Gas System UNK C. Heating K A/C 1. Heating UNK 2. Air Conditioning UNK I II. PROPERTY CONDITIONS I. Accessory Structures D 2. Condition of Grounds A 3. Other NOT VISIBLE NOT VISIBLE UNABLE TO ACCESS UNABLE TO ACCESS SHINGLES MISSING, FACIA ROT NOT VISIBLE FALLING M SEVERAL SPOTS UNABLE TO VIEW NO DEAD FRONT UNTABLE TO ACCESS UNABLE TO ACCESS UNABLE TO ACCESS UNABLE TO ACCESS UNABLE TO ACCESS UNABLE TO ACCESS UNA13LE TO ACCESS UNABLE TO ACCESS UNABLE TO ACCESS UNABLE TO ACCESS UNABLE TO ACCESS UNABLE TO ACCESS UNABLE TO ACCESS EXISTING UNIT ' (3) ACC BLDGS: BAD ROOFS & ROT Comments: SEPTIC TANK ON SITE S:1City Punning ShareAN- INSPECTIONIS DIVISIONIALL OTHER STUFRCode Enforetm.nMane Buildinei12011 1307 E MAIN' IN °SP O! RM.do ORDINANCE NO. AN ORDINANCE DECLARING THE BUILDING(S) LOCATED AT _ BLK 989, LTS 8 -16, LA PORTE_ HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT JANE FUQUA LEWIS JANE LEWIS, & GREG LEWIS, ARE THE RECORD OWNER(S) OF SAID PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. WHEREAS, the City Council of the City of La Poite, passed and approved Section 82- 472 of the Code of Ordinances, creating a Dangerous Building Inspection. Board (tire Board to be composed of the Building Official or his duly authorized representative, the Fire Chief or his duly authorized representative, the Fire Marshal or his duly authorized representative; and WHEREAS, Section 82 -474 (a) provides that: Whenever it shall come to the attention of the Board or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the City or of the City Council, that a dangerous building exists, the Board shall make a thorough inspection of such building(s); and WHEREAS, Section 82 -474 (e) provides that: After the inspection provided for in this Section has been made, with or without the aid of experts, the Board shall report its conclusion in writing to each of the members of the City Council and to the City Attorney. Such report shall state the circumstances and the condition of the building(s) upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the Board; and Ordinance No. Page 2 WHEREAS, it has heretofore come to the attention of the Board that the building(s) located at BLK 989, LTS 8 -16, LA PORTE which is further described as 1307 E MAIN ST, Harris County, Texas, has become dangerous or substandard and thereby a public nuisance, as established in Section 82 -473 of the Code of Ordinances of the City of La Porte; and WHEREAS, said Board has heretofore made and filed its written report, dated FEBRUARY 21, 2011 finding said building to be in fact a dangerous building; WHEREAS, City Council received such report, and ordered notice to the record owner(s) of said property, JANE FUQUA LEWIS , whose address is P. 0. BOX 718, LA PORTE, TX 77572 -0718, and JANE LEWIS whose address is 1307 E MAIN ST., LA PORTE, TX 77571, and GREG LEWIS, whose address is 7310 PINE SHADOWS LN., BAYTOWN, TX 77521 that a hearing as provided in Section 82477 of said Ordinance would be held at 6:00 PM on APRIL 25, 2011 , at 604 W. Fairmont Parkway, at the Council Chambers, City Hall, City of La Porte, Texas, at which time the Council would hear evidence for and against the conclusions of the Board; WHEREAS, the City Secretary has heretofore served notice of said hearing upon said owner(s), by registered mail, return receipt requested, which return receipt indicated that said owner(s) received said notice on POST OFFICE RETURNED "NOT DELIVERABLE AS ADDRESSED- UNABLE TO FORWARD" ON APRIL 1 2011 BOX 718 ADDRESS AND AS "NO MAIL RECEPTACLE" ON APRIL 1 2011 FOR 1307 E MAIN ST. ADDRESS AND ON APRIL 2, 2011 (PINE SHADOWS LN. ADDRE_S_S)_ , a date more than ten (10) days before the date set for said hearing; WHEREAS, at said date, time, and place, City Council met in regular session to conduct such public hearing, at which time evidence was presented both for and against the conclusions of the Board; the April 25` public hearing was continued for 60 days, to June 27, 2011; and the June 27`" public hearing was continued for 90 days, to September 26, 2011; and the September 26, 2011 public bearing was continued for 14 days, to October 10, 2011; and the October 10, Ordinance No. Page 3 2011 public hearing was continued for 30 days, to November 14, 2011; and the November 14, 2011 public hearing was continued for 60 days, to January 09, 2012; WHEREAS, City Council, after due deliberation, and within fifteen (15) days after the termination of the hearing, is required to make its decision in writing and enter its order; and WHEREAS, City Council entered its order on January 09, 2012 a day which is within fifteen (15) days after the termination of the hearing; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. This Ordinance contains the Findings of Fact, Conclusions of Law, and orders of the City Council of the City of La Porte, based upon the evidence presented at said hearing. Section 2, Based on the evidence presented at said hearing, the City Council hereby adopts the attached report of the Board, in full, and incorporates such by reference herein as fully as though set out herein. Section 3. The City Council hereby finds, determines and declares such building(s) to be a public nuisance, and orders such building(s) condemned. Section 4. The City Council hereby finds, determines and declares that JANE FUQUA LEWIS, , who resides at P. O. BOX 718, LA PORTE, TX 77572 -0178, and JANE LEWIS who resides at 1307 E MAIN ST. , LA PORTS TX 7757L and GREG LEWIS who resides at 7310 PINE SHADOWS LN., BAYTOWN, TX 77521 and are the record owner(s) of the property on which this building is situated, and that as such record owner(s), the said JANE FUQUA LEWIS, JANE LEWIS, and GREG LEWIS have been duly and legally notified of those proceedings. Section 5. The City Council hereby orders the said JANE FUQUA LEWIS, JANE LEWIS, and GREG LEWIS to entirely remove or demolish such building(s), and further orders the said JANE FUQUA LEWIS, JANE LEWIS, and GREG LEWIS to commence such removal within ten (10) days from the effective date of this Ordinance, and to complete said removal or demolition within thirty (30) days from the effective date of this ordinance, Ordinance No, Page 4 Section 6. The City Council hereby orders the Board of the City of La Porte to cause a notice of the dangerous, unsanitary condition of the building(s) to be affixed in one or more conspicuous places on the exterior of the building(s), which notice or notices shall not be removed or defaced by any person, under penalty of law. Section 7 . The City Council hereby orders the City Secretary to forward a certified copy of this Ordinance, to the record owner(s) of said property (the said JANE FUQUA LEWIS, JANE LEWIS, and GREG LEWIS ) and to any and all lienholders or mortgagees, by registered mail, return receipt requested; file a copy of this Ordinance in the office of the City Secretary; and, publish in the official newspaper of the city a notice containing: 1) the street address or legal description of the property, 2) the date of the public hearing, 3) a brief statement indicating the results of the hearing, and 4) instructions stating where a complete copy of this Ordinance may be obtained. Section 8. Should the said JANE FUQUA LEWIS, JANE LEWIS, and GREG LEWIS not comply with the orders contained in this Ordinance relating to the removal or demolition of such building(s) within thirty (30) days after hereof, then the Board of the City of La Porte shall enter upon the said premises with such assistance as it may deem necessary, and cause the said building(s) to be removed or demolished without delay, and the expenses of such procedure shall be charged against the said JANE FUQUA LEWIS, JANE LEWIS, and GREG LEWIS record owner(s) of said property, and shall thereupon become a valid and enforceable personal obligation of said owner of such premises, and the said Board shall carefully compute the cost of such removal or demolition, which cost shall be hereafter assessed against the land occupied by such building(s), and made lien thereon. Section 9 . The City Council officially finds, determines, and recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code, and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Ordinance No, Page 5 Section 10. This Ordinance shall take effect and be in force from and after its passage and approval, PASSED AND APPROVED this the clay of 5 2012, CITY OF LA PORTE ATTEST: Patrice Fogarty, City Secretary Louis R. Rigby, Mayor APPROVED: 1 7 s , Clark T. Askins, Assist. City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 1 -9 -12 Requested: Sergeant MArens Upchurch Departments - Police Report: X Resolution: Ordinance Exhibits: Power Point Presentation Exhibits: Exhibits Budget Source of Funds: Federal Seized Funds Account Number: Various Amount Budgeted: '2,780.00 Amount Requested: S2,780.00 Budgeted Item: YES NO SUMMARY & RECOMMENDATION At the request of the members of the La Porte Citizens Police Academy (CPA) Alumni Association, the La Porte Police Department is working to implement a Citizens On Patrol/ Volunteer Handicapped Parking Enforcement Program. Programs of this nature are commonly found in the Houston area and throughout the country and have shown to be productive. Under the program, pairs of appropriately trained volunteers, operating a specially marked non - emergency vehicle, would assist La Porte Police Officers by helping to patrol neighborhood parks and commercial areas, reporting suspicious activity, handicapped parking violations (as authorized by the Texas Transportation Code), and generally providing additional watchful eyes within the community. Action Required by Council: Seek Council's guidance and comments relating to the proposed volunteer Citizens On Patrol/ Volunteer Handicapped Parking Enforcement Program. Approved for City Council Agenda Steve Gillett, Interim City Manager Date F Academy Alumni Association Desire to be more involved in community protection * Many examples of successful local programs in place currently LP Citizens Police %Mop a Pea rland o Pasadena * Houston Angleton Galveston Dickinson * Texas City House Bill 2083 enacted in May 1995 empowered Municipal Courts to appoint volunteers to enforce handicap parking violations Park patrol After school safety patrol Reporting of broken street lights, missing signs, and other potential hazards ;: Vacation home checks Special Events o Community Ambassadors Parking Thorough Background Check a , Graduate from La Porte Police Department's 14 Week Citizen Police Academy COPS Training e Must work in pairs Volunteer Requirements P } e Volunteers are not Police Officers l No weapons may be carried by participants Participants can only enforce Handicap Parking Violations No compensation from COLP Will have direct radio communication with dispatch * Parking Management s Legislative Overview * Explanation of Ordinances r Procedures o Adjudication Hearings a Code of Conduct/ Rules * Radio Use Volunteer Training Program' Identification Badge Parking forms and aff id avits 1. LCPAAA Citizen on Patrol shirt and cap Volunteer Training Graduatio �� r J it Cost Vehicle: In inventory (Auction -ready used white staff car) Radio (in -car): In inventory ig COPS Graphics: $150 (One -time cost) Fuel: $40 -$50 Week Shirt /Caps for 6 -10 Participants: $300 6 Insurance: $800 Total for First Year: $2,780 *To be paid for using seized funds Force Multiplier- Enhanced Visibility LCPAAA members (volunteers) asked for the program Promotes various community programs, like our Citizens Police Academy More trained and observant people keeping an eye out for our community • • • Benefits to the City REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: January 9, 2012 Requested By: Julian Garza Department: Planning Report: X Resolution: _Ordinance: Exhibit: Drainage Report Appropriation Source of Funds N.A. Account Number: N.A. Amount Budgeted: N.A. Amount Requested: N.A. Budgeted Item: _YES NO SUMMARY At the request of the Drainage Committee, staff is providing an update of active projects for Council review. The update to the drainage projects is attached as an exhibit. Staff will be present to answer any questions that Council may have regarding the projects in the report. Action Required by Council: Receive Drainage Report. Approved for City Council Agenda Steve Gillett, Interim City Manager Date CITY COUNCIL DRAINAGE REPORT January 9, 2012 Contract Design and Construction • Design of Sheet Flow Relief Structure Improvements to Creekmont, Fairmont Park West, Brookglen and Fairmont Park East. All work is complete. Consultant is preparing as -built plans, inspections and project closeout. • North and South 16 th Streets. Design in progress; plans at 90 %. In -House Design and Construction of Citv- Initiated Proiects • F -216 Regional Detention Project. Construction is approximately substantially complete. • Battleground Estates and Shady River Reports. Reports to be presented during Drainage Committee Meeting scheduled for January 18, 2012. • Harris County Hydro Excavation Notice to proceed issued on F 101 -06 -00 Engineering. Work in progress. • Battleview Area Survey and design complete. Plans submitted for pipeline and agency review. • East Main. Pre - constriction meeting held on December 19, 2011. • Adams Street. Addressing pipeline conflict. In -House Drainage Maintenance Activities • North Shady Lane Working with HOA to secure easement to improve and clean existing drainage swale on South Shady Lane and making design modifications to North Shady Lane. • Sunrise and Broadway. Project will be constricted by Public Works but is being delayed to assess the flooding in the area since outfalls were reconstructed by the POH. Public Works will install additional 24 inch culverts at North Shady Lane, South Shady Lane and Baywood along Broadway. • In -Fill Drainage Maintenance. Public Works to begin working on Northside ditch grading. Council Agenda Item January 9, 2012 10. ADMINISTRATIVE REPORTS (a) Drainage and Flooding Committee Meeting — Monday, January 16, 2012 (b) Planning and Zoning Commission Meeting — Thursday, January 19, 2012 (c) City Council Meeting — Monday, January 23, 2012 (d) Council Retreat — Tentative: Saturday, April 14, 2012 11. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies — Councilmembers Zemanek, Leonard, Engelken, Mosteit, Clausen, Martin, Moser, Kaminski, and Mayor Rigby. 12. EXECUTIVE SESSION The City Council reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code, including, but not limited to, the following: Texas Government Code, Section 551.072 — Deliberation regarding real property: Discussion of the sale of property located at 908 and 912 West Main Street. 13. RECONVENE into regular session and consider action, if any, on items discussed in executive session. **************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Council Agenda Item January 9, 2012 14. ADJOURN **************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **