HomeMy WebLinkAbout09-14-15 Regular Meeting of La Porte City Council
Council Agenda Item Council Agenda Item
September 14, 2015 September 14, 2015
1.CALL TO ORDERCALL TO ORDER
-- The invocation will be given by Dee Spears, Fairmont Park Church. The invocation will be given by Dee Spears, Fairmont Park Church.
2.INVOCATIONINVOCATION
-- The Pledge of Allegiance will be led by Councilmember Danny Earp. The Pledge of Allegiance will be led by Councilmember Danny Earp.
3.PLEDGE OF ALLEGIANCEPLEDGE OF ALLEGIANCE
(Limited to five minutes per person.) (Limited to five minutes per person.)
4.PUBLIC COMMENTSPUBLIC COMMENTS
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Council Agenda Item Council Agenda Item
September 14, 2015 September 14, 2015
5.CONSENT AGENDACONSENT AGENDA
(All consent agenda items are considered routine by City Council and will be enacted by (All consent agenda items are considered routine by City Council and will be enacted by
one motion. There will be no separate discussion of these items unless a Councilmember requests an item be one motion. There will be no separate discussion of these items unless a Councilmember
requests an item be
removed and considered separately.)removed and considered separately.)
Consider approval or other action regarding the minutes of the Regular City Council Meeting Consider approval or other action regarding the minutes of the Regular City Council Meeting
(a)
held on August 24, 2015 and Special Called Meeting held on September 3, 2015 held on August 24, 2015 and Special Called Meeting held on September 3, 2015 -- P. Fogarty
Consider approval or other action adopting an Ordinance repealing Ordinance No. 2015Consider approval or other action adopting an Ordinance repealing Ordinance No. 2015-3592
(b)
concerning condemnation of structures located at 313 S. 7th Street concerning condemnation of structures located at 313 S. 7th Street -- P. Fogarty P. Fogarty
Consider approval or other action regarding appointment of Lia Ferrell to the La Porte Police Consider approval or other action regarding appointment of Lia Ferrell to the La Porte Police
(c)
Reserve Force Reserve Force -- K. Adcox K. Adcox
Consider approval or other action regarding an Ordinance authorizing the execution by the Consider approval or other action regarding an Ordinance authorizing the execution by the Consider
approval or other action regarding an Ordinance authorizing the execution by the Consider approval or other action regarding an Ordinance authorizing the execution by the
(d)(d)
City of La Porte of an Industrial District Agreement with HydroCity of La Porte of an Industrial District Agreement with Hydro--Fairmont Real Estate, LLC, for Fairmont Real Estate, LLC,
for
property located at 11802 Fairmont Parkway in the Bayport Industrial District, for the term property located at 11802 Fairmont Parkway in the Bayport Industrial District, for the term
commencing January 1, 2008 and ending December 31, 2019 commencing January 1, 2008 and ending December 31, 2019 -- K. Powell K. Powell
Consider approval or other action regarding an Ordinance authorizing the City Manager to Consider approval or other action regarding an Ordinance authorizing the City Manager to
(e)
execute a Water Service Agreement and a Sanitary Sewer Service Agreement with Hydroexecute a Water Service Agreement and a Sanitary Sewer Service Agreement with Hydro-
Fairmont Real Estate, LLC for its development at 11802 Fairmont Parkway in the Bayport Fairmont Real Estate, LLC for its development at 11802 Fairmont Parkway in the Bayport
Industrial District Industrial District -- T. Tietjens T. Tietjens
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested: September 14, 2015
Source of Funds: N/A
Requested By: Patrice Fogarty, City Secretary
Account Number: N/A
Department: City Secretary
Amount Budgeted: N/A
Report: Resolution: Ordinance: X
Amount Requested: N/A
Exhibits: Ordinance
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
At the regular City Council meeting on August 24, 2015, Council passed Ordinance No.
2015-3592 for the purpose of condemning and ordering the removal of an accessory storage
th
building and primary dwelling building located at 313 S. 7, La Porte.
Since that time, the owner of the property executed a Voluntary Consent to Demolish Form
authorizing the demolition of both structures. Council is being asked to consider repealing
Ordinance No. 2015-3592, the condemnation ordinance.
Action Required by Council:
Consider approval or other action to adopt an Ordinance repealing Ordinance No. 2015-3592.
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
September 14, September 14, AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
20152015
Source of Funds:Source of Funds:
Kenith AdcoxKenith Adcox
Requested By:Requested By:
Account Number:Account Number:
PolicePolice
Department:Department:
Amount Budgeted:Amount Budgeted:
Report:Resolution:Resolution:Ordinance:Ordinance:Amount Requested:Amount Requested:
Other:
Budgeted Item:Budgeted Item:YESYESNONO
AttachmentsAttachments : :
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
Article III, Section 54Article III, Section 54--61 of the Code of Ordinances and the Texas Government Code, Section 341.012, 61 of the Code of Ordinances and the Texas Government Code,
Section 341.012,
both entitled Police Reserve ForcePolice Reserve Force, , require that persons appointed by the Chief of Police as reserve require that persons appointed by the Chief of Police as
reserve
police officers must be approved by City Council before they may carry a weapon or otherwise act as a police officers must be approved by City Council before they may carry a weapon
or otherwise act as a
peace officer.peace officer.
The Department is requesting that City Council approve the appointment of Lia Ferrell to the Police The Department is requesting that City Council approve the appointment of Lia Ferrell
to the Police
Reserve Force. Ms. Ferrell holds current Peace Officers Licenses with the State of Texas and recently Reserve Force. Ms. Ferrell holds current Peace Officers Licenses with the State
of Texas and recently
left her full-time position with the La Porte Police Department under honorable conditions.time position with the La Porte Police Department under honorable conditions.
Action Required of Council:Action Required of Council:
Consider approval or other action of the appointment of Lia Ferrell to the La Porte Police Reserve ForceConsider approval or other action of the appointment of Lia Ferrell to the La Porte
Police Reserve Force
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
September 14, September 14, AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
20152015
N/AN/A
Source of Funds:Source of Funds:
Kathy PowellKathy Powell
Requested By:Requested By:
Account Number:Account Number:
FinanceFinance
Department:Department:
Amount Budgeted:Amount Budgeted:
Report:Resolution:Resolution:Ordinance:Ordinance:
Amount Requested:Amount Requested:
Other:
Budgeted Item:Budgeted Item:YESYESNONO
AttachmentsAttachments : :
1. Ordinance Ordinance
2. Industrial District Agreement Industrial District Agreement
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
The City and Industry have agreed to renew the provisions of the Industrial District Agreement for a The City and Industry have agreed to renew the provisions of the Industrial District
Agreement for a
twelve year period. The current agreements will expire on December 31, 2019, the common date for twelve year period. The current agreements will expire on December 31, 2019, the common
date for
the Battleground and Bayport Industrial Districts. the Battleground and Bayport Industrial Districts.
Hydro-Fairmont Real Estate, LLC, located at 11802 Fairmont Parkway, has requested to execute an Fairmont Real Estate, LLC, located at 11802 Fairmont Parkway, has requested to execute
an
Industrial District Agreement with the City of La Porte. Property is being split out of 2007Industrial District Agreement with the City of La Porte. Property is being split out of
2007--IDAIDA--002 002
Kelly Fairmont. Kelly Fairmont.
Staff recommends City Council authorize the execution of Industrial District Agreement with HydroStaff recommends City Council authorize the execution of Industrial District Agreement
with Hydro-
Fairmont Real Estate, LLC.Fairmont Real Estate, LLC.Fairmont Real Estate, LLC.Fairmont Real Estate, LLC.
Ordinance No. 2007Ordinance No. 2007--IDAIDA--137 Hydro137 Hydro--Fairmont Real Estate, LLCFairmont Real Estate, LLC
Action Required of Council:Action Required of Council:
Consider approval or other action of Ordinance 2007Consider approval or other action of Ordinance 2007--IDAIDA--137 authorizing the execution by the City of 137 authorizing the execution
by the City of
La Porte of Industrial District Agreement listed above.La Porte of Industrial District Agreement listed above.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
FOR CITY COUNCIL AGENDA ITEM
REQUEST
Appropriation
Agenda Date Requested: September 14, 2015
Source of Funds: ______N/A___________
Requested By: Tim Tietjens
Account Number: ______N/A__________
Department: Planning
Amount Budgeted: _____N/A___________
Report: _ __Resolution: ____Ordinance: _X__
Amount Requested: ____N/A__________
Budgeted Item: YES X NO
Exhibits:
1.Water Service Agreement
2.Sanitary Sewer Service Agreement
3.Area Map
SUMMARY & RECOMMENDATION
Hydro-Fairmont Real Estate, LLC has approached the City for water and sanitary sewer service to its
development at 11802 Fairmont Parkway in the Bayport Industrial District (see Area Map). The company
plans to construct a new facility at this site which will employ up to 30 full-time positions.
Council has approved a policy to provide water and sanitary 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 maintain a current Industrial District Agreement (IDA) with the City. Hydro-Fairmont Real Estate,
LLC has an IDA for the site (2007-IDA-137), which was considered by the Council earlier this evening.
Administrative fees in the amount of $5,000 for each agreement have been subsequently received from
the company.
Based on Hydro-Fairmont Real Estate, LLC’s stated demand for domestic uses, the average daily volume
for potable water and sanitary sewer is 1,500 gallons. Under the terms of the policy, the company will
pay one and one-half (1-1/2) times the City’s current utility rate for service.
The terms of the Water Service Agreement and Sanitary Sewer Service Agreement will expire on
December 31, 2019, plus any renewals or extensions thereof. However, these agreements 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:
Consider approval or other action, authorizing the City Manager to execute a Water Service Agreement
and a Sanitary Sewer Service Agreement with Hydro-Fairmont Real Estate, LLC for its development at
11802 Fairmont Parkway in the Bayport Industrial District.
_____________________________________________________________________________________
Approved for City Council Agenda
____________________________________ _______________________
Corby D. Alexander, City Manager Date
1
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
HYDRO-
municipal corporation of Harris County, Texas, hereinafter called "CITY", and
FAIRMONT REAL ESTATE,LLC11802FAIRMONT PARKWAY
located at hereinafter
called "COMPANY".
I.
COMPANYis the owner of certain real property which is situated within the CITY'S
Battleground or Bayport Industrial District and not within the corporate limits of the CITY. CITY
and COMPANYare parties to a current Industrial District Agreement.
II.
COMPANYis 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 propertieslocated outside the corporatelimits 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. Forand in consideration
of furnishing domestic potable water by CITY, the parties hereto agree as follows, to-wit:
III.
COMPANYhas made certain representations to CITY as to thenumber of employees that
will be located at the COMPANY’S property as of thedate 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:
25
Number of Full-TimeEmployees on site
5
+Number of Full-Time Contract Employees on site
30
= Total On-Site Full-Time Employees
Potable Water Approved for Domestic Use
1,500
(Total on-site Employees times 50 gpd per employee)
Total Amount of Potable Water Approved for
1,500
COMPANY(Average Daily Volume, gpd)
2
IV.
CITY has determined that adequate resourcesare available to CITY to furnish potable water
to COMPANYbased on the following terms and conditions, to-wit:
$5,000.
(A)COMPANYshall pay to CITY a one-time administrative fee of
ONE
(B)The total amount of potable water approved to COMPANYis established at
THOUSAND FIVE HUNDRED (1,500)
gallons per day. This number is based on an average
of fifty (50) gallons per employee per day as established by CITY.
FORTY FIVETHOUSAND SEVEN HUNDRED FIFTY
(C)The average monthly volume of
(45,750)
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
FORTY FIVETHOUSAND SEVEN HUNDRED FIFTY (45,750)
monthly volume of
gallons. Repeated consumption greater than the established average monthly volume may
result in termination of service.
(E)COMPANYshall pay the standard water tap/meter 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 depositfee through
CITY’S Utility Billing Division prior to receiving water service from CITY.
FORTY FIVETHOUSAND SEVEN
(F)The cost of water up to the average monthly volume of
HUNDRED FIFTY (45,750)
gallons shall be billed at one hundred fifty percent (150%) 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)COMPANYshall 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.
(I)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 COMPANYconnected 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.
3
(L)COMPANY’Spotable water supply system will be segregated from any existing and future fire
protection system.
(M)The total costfor 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)COMPANYagrees to be bound by all applicable ordinances of CITY, relative to the furnishing
of potable water to customers within the corporate limits of CITY.
(O)There shall be no resale of water provided by CITY, nor any extension of service lines by
COMPANYto 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 La Porte.
(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’Sfacilities, shall be solely at the expense of COMPANY.
COMPANYshall 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’Swater 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
COMPANYin advance. CITY also agrees to follow established health and safety policies in effect
at COMPANY’Sfacility.
5
ATTEST:CITY OF LA PORTE
______________________________________
Patrice Fogarty Louis R. Rigby
City Secretary Mayor
By:__________________________________
Corby D. Alexander
City Manager
6
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.Theserequirements represent
contractual obligations of COMPANY to receive water service from CITYper 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:
N/A
Initial for Approval
:
CITY APPROVAL:N/A
COMPANY APPROVAL: N/A
1
STATE OF TEXAS§
COUNTY OF HARRIS§
CITY OF LA PORTE
SANITARY SEWER SERVICE AGREEMENT
This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a
HYDRO-
municipal corporation of Harris County, Texas, hereinafter called "CITY", and
FAIRMONT REAL ESTATE, LLC11802FAIRMONT PARKWAY
located at, hereinafter
called "COMPANY”.
I.
COMPANYis the COMPANYof certain real property, which is situated in CITY'S
Battlegroundor Bayport Industrial Districtand not within the corporate limits of the CITY. CITY
and COMPANYare parties to a current Industrial District Agreement.
II.
COMPANYis desirous of purchasing sanitary sewer service from CITY for usual human
domestic uses. COMPANYrecognizes that CITY cannot at this time provide permanent and
unlimited sanitary sewer service. CITY agrees, however, to provide limited sanitary sewer service
to COMPANY. For and in consideration of furnishing sanitary sewer service by CITY, the parties
hereto agree as follows, to-wit:
III.
COMPANYhas made certain representations to CITY as to thenumber of employees, 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:
25
Number of Employees on-site
5
Number of Contract Employees
30
Total on-site Employees
Sanitary Sewer Desired for Domestic Use
1,500
(Total on-site x50 gpd per employee)
Total Amount of Sanitary Sewer Approved
1,500
For COMPANY(Average Daily Volume, gpd)
2
IV.
CITY has determined that adequate facilities are available to allow CITY to furnish sanitary
sewer to COMPANYbased on the following terms and conditions, to-wit:
$5,000.
(A).COMPANYshall pay to CITY a one-time administrative connection charge of
(B).COMPANYshall pay the standard sewer tap fee based on CITY’S current sewer tap 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 sewer deposit fee through CITY’S Utility
Billing Division prior to receiving sewer service from CITY.
ONE THOUSAND FIVE HUNDRED (1,500)
(C).The averagedaily volumeis established at
gallons per day. This number is based on an average of fifty (50) gallons per employee per
day established by CITY.
(D).The average monthly volumeis calculated to be eighty-five percent (85%) of the average daily
volumemultiplied by a factor of 30.5, which shall be used to facilitate service billings.
THIRTY EIGHT
(E).The cost of sanitary sewer service up to the average monthly volumeof
THOUSAND EIGHT HUNDRED EIGHTY EIGHT (38,888)
gallonsshall be one hundred
fifty percent (150%) of the CITY’S rate as established from time to time for commercial
customers inside its corporate limits.
(F).The cost of sanitary sewer service for amounts in excess of the established average monthly
volumeshall be two hundred percent (200%) of the CITY’S rate as established from time to
time for commercial customers inside its corporate limits.
(G).Nothing contained in this Agreement shall obligate CITY to furnish more than the average
THIRTY EIGHT THOUSAND EIGHT HUNDRED EIGHTY
monthly volumeof
EIGHT (38,888)
. Repeated sanitary sewer delivery greater than the established average
monthly volumemay result in termination of service.
(H).COMPANYagrees that during periods when the CITY’S collection system is surcharged, the
CITY may require the suspension of use of the sanitary sewer system for periods not to exceed
thirty-six hours.
(I).CITY shall have the right to interrupt or temporarily suspend said sanitary sewer service to
COMPANYif an emergency arises and there is not an adequate sewer collection or treatment
capacity to meet the needs of the citizens of La Porte.
(J).COMPANYshall file applicationwith CITY for an Industrial Waste Permit and hereby agrees
tobe bound by CITY’S Industrial Waste Ordinance (Chapter 74, Article II of the Code of
Ordinances) and any subsequent amendments or revisions.
(K).Owner shall install a sanitary sewer sampling well in accordance with CITY’S standards to
ensure no sewer waste, other than domestic waste enters its sanitary sewer system.
3
(L).The total cost for the engineering design and construction of any sanitary sewer main, service
line, lift station, meter or other required appurtenances will be the responsibility of
COMPANY.
(M).COMPANYagrees that it shall be bound by all applicable ordinances of CITY, relative to the
furnishing of sanitary sewer service to customers within the corporate limits of CITY.
(N).COMPANYshall install a sanitary sewer sampling well in accordance with CITY’s standards.
(O).All plumbing installed by COMPANYconnected to the sanitary sewer line from CITY, shall
meet all applicable State of Texas and CITY plumbing code requirements. CITY'S
engineering and code enforcement personnel shall have the right of prior review and approval
of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing
inspectors shall have the right to inspect any and all work related to the furnishing of sanitary
sewer service to COMPANY.
(P).There shall be no resale of the sanitary sewer service provided by CITY, nor any extension of
service lines by COMPANYto serve other parties.
(Q).COMPANYshall submit a certified 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 project may be subject to certain additional requirements as described in Exhibit
“A”, attached. These requirements shall be shown on the site plan and approved by City.
V.
All expenses of the installation of service lines from the main to the COMPANY'S facilities
shall be solely at the expense of COMPANY.COMPANYshall own and maintain all service lines
and plumbing facilities.
VI.
In the event a State or Harris County license, permit, or permission to install the sanitary
sewer 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 sanitary sewer facilities, and to observe compliance with the terms and conditions of
this Agreement. When exercising its right of entry, CITY shall notify COMPANYin advance.
CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility.
VIII.
CITY reserves the right to terminate this agreement in the event of violation of the terms
and provisions hereof by COMPANY. CITY willprovide COMPANYwith written notice of any
defects and COMPANYshall have the opportunity to cure any defects. Failure to correct defects
within ten (10) days may result in termination of Agreement. CITY shall have the right to
5
ATTEST:CITY OF LA PORTE
___________________________________
Patrice Fogarty Louis R. Rigby
City Secretary Mayor
__________________________________
Corby D. Alexander
City Manager
6
EXHIBIT “A”
to Sanitary SewerService Agreement
The Sanitary 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 sewer service from CITY per the terms of the
Sanitary Service Agreement and this addendum. COMPANY shall fulfill each of the following
additional requirements as set forth below.
Additional Requirements of COMPANY:
N/A
Initial for Approval
:
CITY APPROVAL: N/A
COMPANY APPROVAL: N/A
AREA MAP
FAIRMONT PKWY
SITE LOCATION
11802 FAIRMONT PKWY
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
September 14, September 14, AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
20152015
N/AN/A
Source of Funds:Source of Funds:
Eric EnseyEric Ensey
Requested By:Requested By:
Account Number:Account Number:
Planning & DevelopmentPlanning & Development
Department:Department:
Amount Budgeted:Amount Budgeted:
Report:Resolution:Resolution:Ordinance:Ordinance:
Amount Requested:Amount Requested:
Other:
Budgeted Item:Budgeted Item:YESYESNONO
AttachmentsAttachments : :
1. Ordinance and SCUP Ordinance and SCUP
2. P&Z Recommendation Letter P&Z Recommendation Letter
3. Applicant Information and Request Applicant Information and Request
4. Area Map Area Map
5. Land Use Plan Land Use Plan
6. Zoning Map Zoning Map
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
The applicant (Generational Commercial Properties) is seeking approval of a Special Conditional Use The applicant (Generational Commercial Properties) is seeking approval of a Special
Conditional Use
Permit (SCUP) to allow construction of an approximately 240,100 square foot warehouse facility on a Permit (SCUP) to allow construction of an approximately 240,100 square foot warehouse
facility on a
12.6 acre tract of land further described as Tracts 1B12.6 acre tract of land further described as Tracts 1B--3, Abstract 35, Johnson Hunter Survey. This 3, Abstract 35, Johnson Hunter
Survey. This
SCUP application is for consideration of the development of the site as a shell warehouse facility, SCUP application is for consideration of the development of the site as a shell warehouse
facility,
meaning no tenant has been lined up at this time.meaning no tenant has been lined up at this time.
The site is zoned Planned Unit Development (PUD), which requires approval of a SCUP as The site is zoned Planned Unit Development (PUD), which requires approval of a SCUP as
thththth
consideration for the proposed use of the site. The property is located on S. 16consideration for the proposed use of the site. The property is located on S. 16 Street southeast of the
Street southeast of the
W. M Street unimproved rightW. M Street unimproved right--ofof--way and is currently an undeveloped tract of land. The site is located way and is currently an undeveloped tract of land.
The site is located
immediately adjacent to the Port Crossing Business Park. Although not within the boundaries of immediately adjacent to the Port Crossing Business Park. Although not within the boundaries
of
ownership of Port Crossing, the cityownership of Port Crossing, the citys Future Land Use Plan specifies development of this tract of land s Future Land Use Plan specifies development
of this tract of land
as Light IndustrialLight Industrialuses, similar to those uses established for the Port Crossing Business Park and is uses, similar to those uses established for the Port Crossing
Business Park and is
part of the of the overall Port Crossing area PUD zoning. part of the of the overall Port Crossing area PUD zoning.
The proposed SCUP outlining those uses identified in the cityThe proposed SCUP outlining those uses identified in the citys Zoning Ordinance as LI, Light Industrial, s Zoning Ordinance
as LI, Light Industrial,
as permitted uses for this site for future tenants, subject to a number of conditions. The use limitations as permitted uses for this site for future tenants, subject to a number of
conditions. The use limitations
being recommended in the attached SCUP are consistent with those of the adjacent parcel to the north being recommended in the attached SCUP are consistent with those of the adjacent
parcel to the north
which is part of the Port Crossing SCUP. which is part of the Port Crossing SCUP.
The Planning and Zoning Commission conducted a public hearing at the August 20, 2015, meeting The Planning and Zoning Commission conducted a public hearing at the August 20, 2015, meeting
concerning this request. The Commission voted to recommend approval of the proposed SCUP subject concerning this request. The Commission voted to recommend approval of the proposed SCUP
subject
to the following conditions: to the following conditions:
1.A site development plan shall be submitted in accordance with applicable requirements of the City A site development plan shall be submitted in accordance with applicable requirements
of the City
of La Porteof La Portes Development Ordinance and shall comply with all provisions of Chapter 106, s Development Ordinance and shall comply with all provisions of Chapter 106,
ZoningZoningof the Cityof the Citys Code of Ordinances and all other department reviews and applicable laws s Code of Ordinances and all other department reviews and applicable
laws
and ordinances of the City of La Porte and the State of Texas.and ordinances of the City of La Porte and the State of Texas.
2.All necessary documentation for building permit review must be submitted in conjunction with the All necessary documentation for building permit review must be submitted in conjunction
with the
citys building permit application process.s building permit application process.
3.All uses permitted in the City of La Porte Zoning Ordinance Use Chart under LI, as may be All uses permitted in the City of La Porte Zoning Ordinance Use Chart under LI, as may be
amended from time to time, are permitted except as limited in this SCUP. For uses not authorized amended from time to time, are permitted except as limited in this SCUP. For uses not
authorized
by this SCUP, approval pursuant to Section 106by this SCUP, approval pursuant to Section 106--216 & 106216 & 106--217 of the City of La Porte Code of 217 of the City of La Porte Code
of
Ordinances, as it now exists or may be amended from time to time, shall be required.Ordinances, as it now exists or may be amended from time to time, shall be required.
4.The following uses shall not be permitted on the subject property: (a) any distilling, refiThe following uses shall not be permitted on the subject property: (a) any distilling, refining,
ning,
smelting, meat, poultry or fish processing plant, agricultural or mining operation; (b) any mobile smelting, meat, poultry or fish processing plant, agricultural or mining operation;
(b) any mobile
home park, trailer park, labor camp, or stockyard (except this provision shall not prohibit the home park, trailer park, labor camp, or stockyard (except this provision shall not prohibit
the
temporary use of construction trailers during periods of construction or reconstruction); (c) junk temporary use of construction trailers during periods of construction or reconstruction);
(c) junk
yard, scrap metal yard or waste material business, sales in bulk of junk, automobile wrecking yard, scrap metal yard or waste material business, sales in bulk of junk, automobile wrecking
yard, salvage yard, asphalt plant, any storage, dumping disposal, incineration or reduction of yard, salvage yard, asphalt plant, any storage, dumping disposal, incineration or reduction
of
hazardous waste, garbage or refuse, any fire or bankruptcy sale or auction house operation, or as hazardous waste, garbage or refuse, any fire or bankruptcy sale or auction house operation,
or as
an airport; (d) any mortuary or funeral home; (e) school, church or governmental office (other than an airport; (d) any mortuary or funeral home; (e) school, church or governmental office
(other than
a research or development or business office that does not have customers); (f) any drilling, a research or development or business office that does not have customers); (f) any drilling,
refining, quarrying or mining operations of any kind; (g) any establishment whose primary refining, quarrying or mining operations of any kind; (g) any establishment whose primary
business is the sale or rental or display of sexual materials or drug related paraphernalia or business is the sale or rental or display of sexual materials or drug related paraphernalia
or
whose primary business is providing any adult only sexually oriented service or product including, whose primary business is providing any adult only sexually oriented service or product
including,
but not limited to, massage parlors, topless establishments, any but not limited to, massage parlors, topless establishments, any adultadultbookstore or bookstore or adult movie
adult movie
theater; (h)any flea market, bowling alley, nightclub, bar, lounge, tavern, theater, amusement park theater; (h)any flea market, bowling alley, nightclub, bar, lounge, tavern, theater,
amusement park
or video arcade; provided, however, that this prohibition shall not prohibit placement of video or video arcade; provided, however, that this prohibition shall not prohibit placement
of video
machines that are incidental to the conduct of a permitted business at the subject property; (i) any machines that are incidental to the conduct of a permitted business at the subject
property; (i) any
outdoor sales as a primary or accessory use; (j) any outdoor storage, as defined in the Code of outdoor sales as a primary or accessory use; (j) any outdoor storage, as defined in the
Code of
Ordinances, as a primary or accessory use, including any storage of shipping containers; and (k) Ordinances, as a primary or accessory use, including any storage of shipping containers;
and (k)
any gaming facility or operation including, but not limited to, offany gaming facility or operation including, but not limited to, off--track or sports betting parlor, table track or
sports betting parlor, table
games such as blackjack, keno machines or similar devices or bingo hall. Notwithstanding the games such as blackjack, keno machines or similar devices or bingo hall. Notwithstanding
the
foregoing, this prohibition shall not apply to any governmentforegoing, this prohibition shall not apply to any governmentforegoing, this prohibition shall not apply to any governmentforegoing,
this prohibition shall not apply to any government----sponsored gaming activities or sponsored gaming activities or sponsored gaming activities or sponsored gaming activities or
charitable gaming activities so long as such governmental or charitable activities are incidental to charitable gaming activities so long as such governmental or charitable activities
are incidental to
the business being conducted by the occupant of that portion of the subject property and do not the business being conducted by the occupant of that portion of the subject property and
do not
occur regularly.occur regularly.
5.No use shall be permitted which (a) is offensive by reason of odor, fumes, dust, smoke, noise, No use shall be permitted which (a) is offensive by reason of odor, fumes, dust, smoke,
noise,
vibrations, radiation, radio influence or pollution, (b) is hazardous by reason of excessive danger vibrations, radiation, radio influence or pollution, (b) is hazardous by reason of
excessive danger
of fire or explosion, (c) otherwise constitutes a nuisance, (d) is dangerous or unsafe, or (e) is in of fire or explosion, (c) otherwise constitutes a nuisance, (d) is dangerous or unsafe,
or (e) is in
violation of any city, county, state or federal law, regulation or ordinance.violation of any city, county, state or federal law, regulation or ordinance.
6.A traffic impact analysis performed by a licensed engineer agreed to by both the City and the A traffic impact analysis performed by a licensed engineer agreed to by both the City
and the
applicant shall be required. The study must ensure that the proposed development will not applicant shall be required. The study must ensure that the proposed development will not
thth
adversely impact S. 16adversely impact S. 16 Street or any of the major intersections in the vicinity. If so, any mitigation Street or any of the major intersections in the vicinity.
If so, any mitigation
required by the study will be the responsibility of the applicant and would be based on the required by the study will be the responsibility of the applicant and would be based on the
developmentdevelopments proportionate traffic impact. All contributions would be subject to reimbursement s proportionate traffic impact. All contributions would be subject to reimbursement
through the TIRZ, pursuant to approval by the TIRZ Board.through the TIRZ, pursuant to approval by the TIRZ Board.
7.The subject property will need to be replatted in accordance with the requirements outlined in the The subject property will need to be replatted in accordance with the requirements
outlined in the
City of La PorteCity of La Portes Development Ordinance, prior to the issuance of a building permit. As part of s Development Ordinance, prior to the issuance of a building permit.
As part of
thth
the plat, the applicant will be required to dedicate rightthe plat, the applicant will be required to dedicate right--ofof--way along S. 16way along S. 16 Street to make a Street to
make a
consistent 100consistent 100--foot rightfoot right--ofof--way width.way width.
8.The applicant shall install all of the required street trees and shrubs as part of the development as The applicant shall install all of the required street trees and shrubs as part
of the development as
thth
required by Section 106required by Section 106--800 of the city800 of the citys Code of Ordinances along S. 16s Code of Ordinances along S. 16 Street and W. M Street and W. M
Street.Street.
9.Harris County driveway permits shall be presented prior to permit issuance for all driveways Harris County driveway permits shall be presented prior to permit issuance for all driveways
requested. Maximum driveway widths shall be provided in compliance with city code requested. Maximum driveway widths shall be provided in compliance with city code
requirements.requirements.
10.The pavement shall remain in good, operable, dust free condition over time, and that repairs shall The pavement shall remain in good, operable, dust free condition over time, and
that repairs shall
be made as necessary upon written notification by the city.be made as necessary upon written notification by the city.
11.Any future change in use requires consideration of a Special Conditional Use Permit in Any future change in use requires consideration of a Special Conditional Use Permit in
accordance with Chapter 106, accordance with Chapter 106, ZoningZoningof the Cityof the Citys Code of Ordinances.s Code of Ordinances.
Action Required of Council:Action Required of Council:
1.Conduct public hearing.Conduct public hearing.
2.Consider approval or other action on a recommendation by the Planning and Zoning Commission Consider approval or other action on a recommendation by the Planning and Zoning Commission
to approve Special Conditional Use Permit Request #15to approve Special Conditional Use Permit Request #15--91000005, to allow construction of 91000005, to allow construction of
warehouse facility on a 12.6 acre tract of land further described as Tracts 1Bwarehouse facility on a 12.6 acre tract of land further described as Tracts 1B--3, Abstract 35, 3, Abstract
35,
Johnson Hunter Survey.Johnson Hunter Survey.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
City of La Porte
Special Conditional Use Permit #15-91000005
This permit is issued to: Generational Commercial Properties
Owner or Agent
1503 Ridgecrest Drive, Austin, TX 78746
Address
For Development of: Generational Commercial Properties Warehouse/Distribution Facility
Shell Building
Development Name
th
Vacant parcel; located at the southeast corner of S. 16 Street and the
unimproved W. M Street right-of-way
Address
Legal Description: 12.6 acre tract of land legally described as Tracts 1B-3, Abstract 35,
Johnson Hunter Survey
Zoning: PUD, Planned Unit Development
Use: Warehouse/Distribution
Permit Conditions:
This Special Conditional Use Permit is applicable for the subject property. A copy of which shall be maintained
in the files of the City’s Planning and Development Department upon approval. Project development shall be in
accordance with the following conditions:
1.A site development plan shall be submitted in accordance with applicable requirements of the
City of La Porte’s Development Ordinance and shall comply with all provisions of Chapter 106,
“Zoning” of the City’s Code of Ordinances and all other department reviews and applicable
laws and ordinances of the City of La Porte and the State of Texas.
2.All necessary documentation for building permit review must be submitted in conjunction with
the city’s building permit application process.
3.All uses permitted in the City of La Porte Zoning Ordinance Use Chart under LI, as may be
amended from time to time, are permitted except as limited in this SCUP. For uses not
authorized by this SCUP, approval pursuant to Section 106-216 & 106-217 of the City of La
Porte Code of Ordinances, as it now exists or may be amended from time to time, shall be
required.
4.The following uses shall not be permitted on the subject property: (a) any distilling, refining,
smelting, meat, poultry or fish processing plant, agricultural or mining operation; (b) any mobile
home park, trailer park, labor camp, or stockyard (except this provision shall not prohibit the
temporary use of construction trailers during periods of construction or reconstruction); (c) junk
yard, scrap metal yard or waste material business, sales in bulk of junk, automobile wrecking
yard, salvage yard, asphalt plant, any storage, dumping disposal, incineration or reduction of
hazardous waste, garbage or refuse, any fire or bankruptcy sale or auction house operation, or as
an airport; (d) any mortuary or funeral home; (e) school, church or governmental office (other
than a research or development or business office that does not have customers); (f) any drilling,
refining, quarrying or mining operations of any kind; (g) any establishment whose primary
business is the sale or rental or display of sexual materials or drug related paraphernalia or
whose primary business is providing any adult only sexually oriented service or product
including, but not limited to, massage parlors, topless establishments, any “adult” bookstore or
“adult movie theater; (h)any flea market, bowling alley, nightclub, bar, lounge, tavern, theater,
amusement park or video arcade; provided, however, that this prohibition shall not prohibit
placement of video machines that are incidental to the conduct of a permitted business at the
subject property; (i) any outdoor sales as a primary or accessory use; (j) any outdoor storage, as
defined in the Code of Ordinances, as a primary or accessory use, including any storage of
shipping containers; and (k) any gaming facility or operation including, but not limited to, off-
track or sports betting parlor, table games such as blackjack, keno machines or similar devices
or bingo hall. Notwithstanding the foregoing, this prohibition shall not apply to any
government-sponsored gaming activities or charitable gaming activities so long as such
governmental or charitable activities are incidental to the business being conducted by the
occupant of that portion of the subject property and do not occur regularly.
5.No use shall be permitted which (a) is offensive by reason of odor, fumes, dust, smoke, noise,
vibrations, radiation, radio influence or pollution, (b) is hazardous by reason of excessive
danger of fire or explosion, (c) otherwise constitutes a nuisance, (d) is dangerous or unsafe, or
(e) is in violation of any city, county, state or federal law, regulation or ordinance.
6.A traffic impact analysis performed by a licensed engineer agreed to by both the City and the
applicant shall be required. The study must ensure that the proposed development will not
th
adversely impact S. 16 Street or any of the major intersections in the vicinity. If so, any
mitigation required by the study will be the responsibility of the applicant and would be based
on the development’s proportionate traffic impact. All contributions would be subject to
reimbursement through the TIRZ, pursuant to approval by the TIRZ Board.
7.The subject property will need to be replatted in accordance with the requirements outlined in
the City of La Porte’s Development Ordinance, prior to the issuance of a building permit. As
th
part of the plat, the applicant will be required to dedicate right-of-way along S. 16 Street to
make a consistent 100-foot right-of-way width.
8.The applicant shall install all of the required street trees and shrubs as part of the development
th
as required by Section 106-800 of the city’s Code of Ordinances along S. 16 Street and W. M
Street.
9.Harris County driveway permits shall be presented prior to permit issuance for all driveways
requested. Maximum driveway widths shall be provided in compliance with city code
requirements.
10.The pavement shall remain in good, operable, dust free condition over time, and that repairs
shall be made as necessary upon written notification by the city.
11.Any future change in use requires consideration of a Special Conditional Use Permit in
accordance with Chapter 106, “Zoning” of the City’s Code of Ordinances.
Failure to start construction of the building within 12 months after issuance or as scheduled under the terms of a
special conditional use permit shall void the permit as approved, except upon an extension of time granted after
application to the Planning and Zoning Commission.
If contract or agreement is terminated after completion of any stage and there is ample evidence that further
development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded
by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of
the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is
undeveloped.
Validation Date:
Director of Planning City Secretary
July 14, 2015
Mr. Eric Ensey
604 W. Fairmont Parkway
La Porte, Texas 77571
th
& M Street Special Conditional Use Permit Application (ÅSCUPÆ)
RE: 16
Dear Mr. Ensey:
I am pleased to provide details pertaining to my firms intent to develop a 240,000 SF institutional quality industrial
building in LaPorte Texas. Enclosed is the completed SCUP form, a proposed site & conceptual plan, a brochure
from a Generational Commercial Properties project in Houston and some construction photoÈs of that same building.
This project includes the acquisition of a twelve-acre parcel. Generational will platt the property into a single
parcel. Generational will develop a 240,000 SF tiltwall industrial building on a speculative basis while purusing
tenants for the space.
Generational Commercial Properties is requesting approval for the development of the parcel with all codified
NAICS Codes available under the LI zoning.
Generational Commercial Properties is a commercial development firm with offices in Texas. Generational
acquires, develops, owns and operates multi-family, industrial and office real estate targeting functional, institutional
quality, infill real estate located in Texas, the nation's fastest growing state and strongest economy.
Sincerely,
GENERATIONAL COMMERCIAL PROPERTIES
Joseph Llamas
President
SPECIAL CONDITIONAL USE
PERMIT APPLICATION
Generational Commercial Properties(512) 784-8891
JLLAMAS@GCPRE.COM
1503 Ridgecrest Dr. Austin, TX 78746
Unknown at this time
0402780010029
Tract 1B-3 abstract 35J Hunter
nn
New Development
Joseph Llamas07/15/2015
n
n
n
FOR LEASE > INDUSTRIAL
Airtex Commerce Center
431 EAST AIRTEX DRIVE, HOUSTON, TX 77073
Short description of the property will
go here; this property is great and has
a great location. You really want to
buy this property. It is cheap. You can
afford it. Buy, buy, and buy.
Airtex Commerce Center> Phase I
Airtex Commerce Center is a new Class A industrial facility located
on Airtex Drive less than a quarter mile east of I-45, just 3 miles
north of Beltway 8, and 3 miles south of 1960. This efficient rear-
load building can be accessed from 5 curb cuts, has ample parking
and trailer storage.
Building Features
>166,250 SF
Phase I>GasUnit Heaters Freeze
> Divisible to 40,000 SFProtection
>32 Clear Height>ESFRSprinklered
>60 Staging Bay>130 Truck Court
>52 x 47 Column Spacing>TrailerStorageAvailable
>37 External Truck Doors>1:5to 1,000 Parking Ratio
>2 Drive-in Dock Doors>TripleFreeport Exemption
>2,000 Amps 277/480 volt > Favorable Tax Rate
COLLIERS INTERNATIONAL
MIKE TAETZ, BILL BYRD, RYAN BYRD
SIORSIOR, CCIM
1233 W. Loop South | Suite 900
713 830 2107713 830 2131713 830 2171
Houston, TX 77027
mike.taetz@colliers.combill.byrd@colliers.comryan.byrd@colliers.com
www.colliers.com
FOR LEASE > INDUSTRIAL
Airtex Commerce Center
431 EAST AIRTEX DRIVE, HOUSTON, TX 77073
>Up to 340,000 SF
>Phase I
166,250 SF
> 3 Miles from Beltway 8
> Occupancy Q 201
China Bear
Contact Us
BILL BYRD, JOE LLAMAS
MIKE TAETZ, RYAN BYRD
SIOR, CCIM
SIOR
713 830 2131512 853 9650
713 830 2107713 830 2171
bill.byrd@colliers.comjllamas@gcpre.com
mike.taetz@colliers.comryan.byrd@colliers.com
A Co-development of Molto Properties and
Generational Commercial Properties.
Exclusively Listed by Colliers International
ColliersInternationalisaworldwideaffiliationofindependentlyownedandoperatedcompanies.
Theinformationcontainedhereinhas,webelieve,beenobtainedfromreliablesourcesandwehavenoreasontodoubtthe
accuracythereof.Allsuchinformationissubmitted,subjecttoerrors,omissionsorchangesinconditionpriortosale,lease
orwithdrawalwithoutnotice.Allinformationcontainedhereinshouldbeverifiedbythepersonrelyingthereon.Wehave
notmadeandwillnotmakeanywarrantyorrepresentationastotheconditionofthepropertynorthepresenceofany
hazardoussubstancesoranyenvironmentalorotherconditionsthatmayaffectthevalueorsuitabilityoftheproperty.
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REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
September 14, September 14, AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
20152015
N/AN/A
Source of Funds:Source of Funds:
Michael G. Dolby, CPAMichael G. Dolby, CPA
Requested By:Requested By:
Account Number:Account Number:
FinanceFinance
Department:Department:
Amount Budgeted:Amount Budgeted:
Report:Resolution:Resolution:Ordinance:Ordinance:
Amount Requested:Amount Requested:
Other:
Budgeted Item:Budgeted Item:YESYESNONO
AttachmentsAttachments : :
1. Notice of Public Hearing Notice of Public Hearing
2. Presentation Presentation
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
th
On July 27, Council approved that a Public Hearing for the Fiscal Year 2015, Council approved that a Public Hearing for the Fiscal Year 2015--2016 Proposed Budget be 2016 Proposed Budget
be
held on Monday, September 14, 2015, at the regularly scheduled Council meeting, which begins at 6:00 held on Monday, September 14, 2015, at the regularly scheduled Council meeting, which
begins at 6:00
p.m.
The City Council held budget workshops on August 10 through August 11, 2015 to discuss proposed The City Council held budget workshops on August 10 through August 11, 2015 to discuss
proposed
budgets for the fiscal year beginning October 1, 2014 and ending September 30, 2015. budgets for the fiscal year beginning October 1, 2014 and ending September 30, 2015.
The following presentation summarizes the result of the workshops held with City Council. All changes The following presentation summarizes the result of the workshops held with City
Council. All changes
made by Council were incorporated into the various budgets. These changes include:made by Council were incorporated into the various budgets. These changes include:
Equestrian trail Equestrian trail delete project $169,000delete project $169,000
L Street Proposed Safe Sidewalk Design L Street Proposed Safe Sidewalk Design add $169,000add $169,000
Lifeguards Lifeguards reduce request by $45,000reduce request by $45,000
Covert cameras (2) Covert cameras (2) add $16,000add $16,000
Pool lounge chairs (approx. 150) Pool lounge chairs (approx. 150) add $8,000add $8,000
Department audit (perform in current year) Department audit (perform in current year) cut $20,000cut $20,000
Tuition reimbursement for HR Manager Tuition reimbursement for HR Manager cut $3,500cut $3,500
Equipment Operator I Equipment Operator I cut $44,028cut $44,028
Enhancement Grants Enhancement Grants add $107,669add $107,669
LPAWA Debt Payoff LPAWA Debt Payoff cut $593,495cut $593,495
Vehicle Replacement delayed replacement Vehicle Replacement delayed replacement cut $37,987cut $37,987
Virtual Server Virtual Server add $18,000add $18,000
Action Required of Council:Action Required of Council:
Conduct the Public Hearing on the CityConduct the Public Hearing on the Citys FY 2015s FY 2015--2016 Proposed Budget.2016 Proposed Budget.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
THE STATE OF TEXAS )
COUNTY OF HARRIS )
CITY OF LA PORTE )
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council of the City of La Porte will hold a Public
th
Hearing on the 14 day of September 2015, in the Council Chambers of the City Hall, 604 West
Fairmont Parkway, La Porte, Texas, beginning at 6:00 P.M. The purpose of this hearing is to
provide citizens the opportunity to comment on the overall budget.
This budget will raise more
budget by $1,209,600.00, or 7.08% and of that amount $167,401.27 is tax
revenue to be raised from new property added to the tax roll this year.
The City of La Porte, must, by Charter requirement, adopt its fiscal budget by September
30, 2015. Copies of the adopted budget will be available for public inspection and copying at
the office of the City Secretary, City Hall, 604 West Fairmont Parkway, La Porte, Texas, and
the La Porte Community Library, 600 South Broadway, La Porte, Texas, during normal
business hours. C
CITY OF LA PORTE
Patrice Fogarty, TRMC, MMC
City Secretary
Days of Working Capital
Days of Working Capital
Revenue in millions
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: September 14, 2015
Source of Funds: N/A
Requested By: Michael Dolby, CPA
Account Number: N/A
Department: Finance
Amount Budgeted: N/A
Report: Resolution: Ordinance: XX
Amount Requested: N/A
Exhibits:
Ordinance
Budgeted Item: YES NO
Exhibits:
Copy of Public Hearing Notice
Exhibits:
SUMMARY & RECOMMENDATION
The City Council held budget workshops on August 10 through August 11, 2015 to discuss proposed budgets for the
fiscal year beginning October 1, 2015 and ending September 30, 2016.
The Summary of Funds, which is shown below, represents the result of the workshops held with City Council. All
changes made by Council were incorporated into the various budgets.
Revised 2015 Proposed 2016
General Fund $ 43,512,510 $ 43,193,303
Grant Fund 502,678 929,342
Street Maintenance Sales Tax Fund 2,106,606 1,895,000
Emergency Services District Sales Tax Fund 1,313,530 1,372,053
Hotel/Motel Occupancy Tax 779,637 773,071
Economic Development Corporation 1,513,403 1,147,143
Tax Increment Reinvestment Zone 2,902,194 2,514,956
Utility 7,923,425 7,439,169
Airport 62,280 63,806
La Porte Area Water Authority 1,059,649 1,149,726
Motor Pool 3,073,795 2,800,017
Insurance Fund 6,372,869 6,997,143
Technology Fund 268,935 622,000
General Capital Improvement 4,243,981 1,236,669
Utility Capital Improvement 1,879,602 1,080,000
Sewer Rehabilitation Capital Improvement 349,951 350,000
Drainage Improvement Fund 696,118 470,000
2010 Certificates of Obligation Bond Fund 1,009,733 0
2015 Certificates of Obligation Bond Fund - 4,520,000
General Debt Service 4,358,722 4,190,493
Utility Debt Service 277,226 267,409
La Porte Area Water Authority Debt Service 691,838 692,850
Total of All Funds $84,898,682 $83,704,150
There is no change in the Tax Rate, which has remained constant for the last twenty-seven years.
Action Required by Council:
Conduct Public Hearing
Adopt Ordinance approving Fiscal Year 2015-16 Proposed Budget.
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
THE STATE OF TEXAS )
COUNTY OF HARRIS )
CITY OF LA PORTE )
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council of the City of La Porte will hold a Public
th
Hearing on the 14 day of September 2015, in the Council Chambers of the City Hall, 604 West
Fairmont Parkway, La Porte, Texas, beginning at 6:00 P.M. The purpose of this hearing is to
provide citizens the opportunity to comment on the overall budget.
This budget will raise more
budget by $1,209,600.00, or 7.08% and of that amount $167,401.27 is tax
revenue to be raised from new property added to the tax roll this year.
The City of La Porte, must, by Charter requirement, adopt its fiscal budget by September
30, 2015. Copies of the adopted budget will be available for public inspection and copying at
the office of the City Secretary, City Hall, 604 West Fairmont Parkway, La Porte, Texas, and
the La Porte Community Library, 600 South Broadway, La Porte, Texas, during normal
business hours. C
CITY OF LA PORTE
Patrice Fogarty, TRMC, MMC
City Secretary
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
September 14, September 14, AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
20152015
N/AN/A
Source of Funds:Source of Funds:
Michael G. Dolby, CPAMichael G. Dolby, CPA
Requested By:Requested By:
Account Number:Account Number:
FinanceFinance
Department:Department:
Amount Budgeted:Amount Budgeted:
Report:Resolution:Resolution:Ordinance:Ordinance:
Amount Requested:Amount Requested:
Other:
Budgeted Item:Budgeted Item:YESYESNONO
AttachmentsAttachments : :
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
House Bill 3195, passed by the Texas Legislature in 2007, amends Section 102.007 of the Texas Local House Bill 3195, passed by the Texas Legislature in 2007, amends Section 102.007 of
the Texas Local
Government Code, requires that the Council must take a separate vote to ratify increased property tax Government Code, requires that the Council must take a separate vote to ratify increased
property tax
revenues that are reflected in the budget. The FY 2015revenues that are reflected in the budget. The FY 2015--16 budget is projected to raise more property 16 budget is projected to
raise more property
tax revenues than in FY 2014tax revenues than in FY 2014--15; therefore, the Council is required to take a separate vote to ratify the 15; therefore, the Council is required to take
a separate vote to ratify the
property tax revenue increase. The projected increase in revenues from property taxes is reflected in property tax revenue increase. The projected increase in revenues from property
taxes is reflected in
the budget, as presented.the budget, as presented.
The budget for FY 2015The budget for FY 2015The budget for FY 2015The budget for FY 2015----16 includes projected revenues from property taxes that are greater than the 16 includes projected
revenues from property taxes that are greater than the 16 includes projected revenues from property taxes that are greater than the 16 includes projected revenues from property taxes
that are greater than the
revenues from property taxes in the FY 2014revenues from property taxes in the FY 2014--15 budget by $1,209,600.00 and of that amount 15 budget by $1,209,600.00 and of that amount
$167,401.27 is tax revenue to be raised from new property added to the tax roll this year. $167,401.27 is tax revenue to be raised from new property added to the tax roll this year.
Action Required of Council:Action Required of Council:
Consider approval or other action to ratify the property tax revenue increase for FY 2015Consider approval or other action to ratify the property tax revenue increase for FY 2015--16.16.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
September 14, September 14, AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
20152015
N/AN/A
Source of Funds:Source of Funds:
Michael G. Dolby, CPAMichael G. Dolby, CPA
Requested By:Requested By:
Account Number:Account Number:
FinanceFinance
Department:Department:
Amount Budgeted:Amount Budgeted:
Report:Resolution:Resolution:Ordinance:Ordinance:
Amount Requested:Amount Requested:
Other:
Budgeted Item:Budgeted Item:YESYESNONO
AttachmentsAttachments : :
1. Resolution Resolution
2. Certification from HCAD Certification from HCAD
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
On August 26, 2015, the City of La Porte received the Certified Appraisal Roll from the Harris County On August 26, 2015, the City of La Porte received the Certified Appraisal Roll from
the Harris County
Appraisal District.Appraisal District.
Section 26.04 of the State Property Tax Code requires the submission of the Appraisal Roll to the Section 26.04 of the State Property Tax Code requires the submission of the Appraisal
Roll to the
Governing Body.Governing Body.
The 2015 Certified Tax Roll for the City of La Porte, as received from the Harris County Appraisal The 2015 Certified Tax Roll for the City of La Porte, as received from the Harris County
Appraisal
District (HCAD), shows a total appraised value of $2,974,144,954 and a total taxable value of District (HCAD), shows a total appraised value of $2,974,144,954 and a total taxable value
of
$2,412,606,162.$2,412,606,162.
Action Required of Council:Action Required of Council:
Approve Resolution for acceptance of the appraisal roll.Approve Resolution for acceptance of the appraisal roll.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: September 14, 2015
Source of Funds: N/A
Requested By: Michael G. Dolby, CPA
Account Number: N/A
Department: Finance
Amount Budgeted: N/A
Report: Resolution: Ordinance: XX
Amount Requested: N/A
Exhibits: Ordinance
Budgeted Item: YES NO
Exhibits: Effective Tax Rate Calculation
Exhibits:
SUMMARY & RECOMMENDATION
The Fiscal Year 2015-16 Budget was built around a tax rate of .71 cents per hundred dollar valuation.
A breakdown of the tax rate is as follows:
General Fund = .605 cents per hundred dollar valuation
Debt Service = .105 cents per hundred dollar valuation
The tax rate of .71 cents is the same rate that has been adopted for the last twenty-seven years.
The Effective Tax Rate = 0.717 cents per hundred dollar valuation, which is the maximum rate without
advertisements and a public hearing.
Action Required by Council:
Approve Ordinance establishing the tax rate for Fiscal Year 2015-16 at 71 cents per hundred dollar
valuation.
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
2015 Property Tax Rates in City of La Porte
This notice concerns the 2015 property tax rates for City of La Porte. It presents information about
three tax rates. Last year's tax rate is the actual tax rate the taxing unit used to determine property
effective
taxes last year. This year's tax rate would impose the same total taxes as last year if you
rollback
compare properties taxed in both years. This year's tax rate is the highest tax rate the taxing
unit can set before taxpayers start rollback procedures.In each case these rates are found by dividing
the total amount of taxes by the tax base (the total value of taxable property) with adjustments as
required by state law. The rates are given per $100 of property value.
Last year's tax rate:
Last year's operating taxes
$16,998,818
Last year's debt taxes
$2,950,208
Last year's total taxes
$19,949,026
Last year's tax base
$2,809,721,972
Last year's total tax rate
$0.710/$100
This year's effective tax rate:
Last year's adjusted taxes
$19,160,191
(after subtracting taxes on lost property)
÷ This year's adjusted tax base
$2,668,921,930
(after subtracting value of new property)
=This year's effective tax rate
$0.717/$100
(Maximum rate unless unit publishes noticesand holds hearings.)
This year's rollback tax rate:
$16,158,055
Last year's adjusted operating taxes
(after subtracting taxes on lost property and adjusting for any
transferred function, tax increment financing, state criminal justice
mandate, and/or enhanced indigent healthcare expenditures)
÷ This year's adjusted tax base
$2,668,921,930
=This year's effective operating rate
$0.605/$100
x 1.08=this year's maximum operating rate
$0.653/$100
+ This year's debt rate
$0.105/$100
= This year's total rollback rate
$0.758/$100
Statement of Increase/Decrease
If City of La Porte adopts a 2015 tax rate equal to the effective tax rate of $0.717 per $100 of value,
taxes would decrease compared to 2014 taxes by $-812,856.
Schedule A -Unencumbered Fund Balance
The following estimated balances will be left in the unit's property tax accounts at the end of the
fiscal year. These balances are not encumbered by a corresponding debt obligation.
Type of Property Tax FundBalance
General Fund23,417,069
Debit Fund2,874,001
Schedule B -2015 Debt Service
The unit plans to pay the following amounts for long-term debts that are secured by property taxes.
These amounts will be paid from property tax revenues (or additional sales taxrevenues, if
applicable).
Principal or Contract Interest to be
Other Amounts
Description of DebtPayment to be Paid Paid from Total Payment
to be Paid
from Property TaxesProperty Taxes
2016 Certificate of 335,000233,3360568,336
Obligation Bonds
2014 General Obligation 275,000259,8500534,850
Refunding Bonds
2012 General Obligation 80,000261,3400341,340
Refunding Bonds
2010 Certificat of Obligation 370,000179,6190549,619
Bonds
2010 General Obligation 470,00067,1630537,163
Refunding Bonds
2007 Certificate of 340,000148,2320488,232
Obligation Bonds
2006 Certificate of 300,00022,8750322,875
Obligation Bonds
2006 General Obligation 65,0007,365072,365
Bonds
2005 General Obligation 380,00024,3380404,338
Bonds
2005 Certificate of 90,0005,569095,569
Obligation Bonds
2002 General Obligation 270,0005,8050275,805
Bonds
Total required for 2015 debt service
$4,190,492
-Amount (if any) paid from Schedule A$200,000
-Amount (if any) paid from other resources$1,185,955
-Excess collections last year$0
= Total to be paid from taxes in 2015$2,804,537
+ Amount added in anticipation that the unit will
$0
collect only 100.00% of its taxes in 2015
= Total debt levy$2,804,537
This notice contains a summary of actual effective and rollback tax rates' calculations. You can
inspect a copy of the full calculations at 604 West Fairmont Parkway, La Porte, Texas 77571.
Name of person preparing this notice:Katherine R Powell
Title:Revenue Manager
Date Prepared:09/03/2015
REQUEST FOR CITY COUNCIL AGENDA ITEM
Budget
Agenda Date Requested: 9-14-15
Source of Funds:
Requested By: Ken Adcox
Account Number:
Department: Police
Amount Budgeted:
Report: Resolution: Ordinance:
Amount Requested:
Exhibits: 2013 Meet and Confer Agreement
Budgeted Item: YES NO
Exhibits: 2014 Amendment to Meet and Confer Agreement
Exhibits: Proposed 2015 Civil Service Pay Schedule
Exhibits: Email & Ballot Letter
SUMMARY & RECOMMENDATION
As previously set-out in the approved City of La Porte/ La Porte Police Officer Association multi-year Meet
and Confer Agreement, management representatives of the City of La Porte and representatives of La Porte
Police Officers’ Association recently met to review median salary adjustments for civil service employees,
which will take effect October 1, 2015. The salary adjustments have been reviewed by both the City and
the Association and meet all provisions agreed upon regarding salary adjustments within the Agreement
and Amendment. Members of the Police Association have also affirmatively voted to accept the newly
proposed rate schedule.
The Agreement and Amendment are pursuant to the provisions of the Texas Local Government Code,
Chapter 142 et. seq., Subsection B and will be in effect until September 30, 2016.
Action Required by Council:
Consider approval or other action of the proposed salary adjustment for civil service personnel based on
the existing Meet and Confer agreement and the attached amended pay scale.
Approved for City Council Agenda
Corby D. Alexander, City Manager Date
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
September 14, September 14, AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
20152015
Source of Funds:Source of Funds:
David MickDavid Mick
Requested By:Requested By:
Account Number:Account Number:
Public WorksPublic Works
Department:Department:
$10,000.00$10,000.00
Amount Budgeted:Amount Budgeted:
Report:Resolution:Resolution:Ordinance:Ordinance:
$25,000.00$25,000.00
Amount Requested:Amount Requested:
Other:
Budgeted Item:Budgeted Item:YESYESNONO
AttachmentsAttachments : :
1. Summary of Contested Budget Line Items Summary of Contested Budget Line Items
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
On average the City of La Porte, through the La Porte Area Water Authority (LPAWA), purchases 1.3On average the City of La Porte, through the La Porte Area Water Authority (LPAWA), purchases
1.3-
billion gallons of water each year from the Southeast Houston Water Purification Plant (SEWPP). The billion gallons of water each year from the Southeast Houston Water Purification
Plant (SEWPP). The
LPAWA owns 3.9% of the plant. As the Managing Owner, the City of Houston prepares the annual LPAWA owns 3.9% of the plant. As the Managing Owner, the City of Houston prepares the annual
budget for the SEWPP. The contract between the cobudget for the SEWPP. The contract between the co--owners provides a process for disputing portions owners provides a process for
disputing portions
of the annual budget provided that: 1) more than 50% of the plant coof the annual budget provided that: 1) more than 50% of the plant co--owners, with the vote weighted by owners, with
the vote weighted by
the percentage of water consumed over a 12the percentage of water consumed over a 12--month period, are in agreement with the dispute, and 2) month period, are in agreement with the
dispute, and 2)
the disputed line items are not necessary for the regulatory compliance, health, safety or security. the disputed line items are not necessary for the regulatory compliance, health,
safety or security.
Attached is summary of budget line items likely to be contested by a majority of the coAttached is summary of budget line items likely to be contested by a majority of the co--owners.
The owners. The
disputed amount may be as high as $0.1102/1000 gallons pending further information from the City of disputed amount may be as high as $0.1102/1000 gallons pending further information
from the City of disputed amount may be as high as $0.1102/1000 gallons pending further information from the City of disputed amount may be as high as $0.1102/1000 gallons pending further
information from the City of
Houston.
Staff will present this item to the LPAWA Board the week of September 7. Staff will present this item to the LPAWA Board the week of September 7.
The FY 2016 LPAWA budget includes $10,000 for consulting and legal fees associated with this The FY 2016 LPAWA budget includes $10,000 for consulting and legal fees associated with this
consideration. Staff requests that this allowance be increased to $25,000 at this time. Staffconsideration. Staff requests that this allowance be increased to $25,000 at this time.
Staffs best s best
estimate of the worstestimate of the worst--case cost exposure to the LPAWA in terms of legal and consulting fees is case cost exposure to the LPAWA in terms of legal and consulting
fees is
$75,000 in the event that the dispute might eventually involve litigation. $75,000 in the event that the dispute might eventually involve litigation.
Staffs recommendation is that City Council authorize the City Manager to dispute the FY 2016 budget s recommendation is that City Council authorize the City Manager to dispute the FY
2016 budget
for the SEWPP. Mediation would be the next step provided that more than 50% of the cofor the SEWPP. Mediation would be the next step provided that more than 50% of the co--owners,
owners,
weighted by water consumption, all agree to the budget dispute. While unlikely, there is a potential for weighted by water consumption, all agree to the budget dispute. While unlikely,
there is a potential for
litigation if mediation proves to be unsuccessful. litigation if mediation proves to be unsuccessful.
Action Required of Council:Action Required of Council:
Consider approval or other action to authorize the City Manager, as General Manager of the La Porte Consider approval or other action to authorize the City Manager, as General Manager
of the La Porte
Area Water Authority, to formally dispute portions of the FY 2016 budget for the Southeast Water Area Water Authority, to formally dispute portions of the FY 2016 budget for the Southeast
Water
Purification Plant, and to authorize a $15,000 increase in the La Porte Area Water Authority budget for Purification Plant, and to authorize a $15,000 increase in the La Porte Area Water
Authority budget for
professional services as needed for the budget dispute consideration. professional services as needed for the budget dispute consideration.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
Council Agenda Item
September 14, 2015
8. (a) Receive report of the La Porte Development Corporation Board Councilmember Engelken
***********************************************************************************
REQUEST FOR CITY COUNCIL AGENDA ITEMREQUEST FOR CITY COUNCIL AGENDA ITEM
September 14, September 14, AppropriationAppropriation
Agenda Date Requested:Agenda Date Requested:
20152015
N/AN/A
Source of Funds:Source of Funds:
Traci LeachTraci Leach
Requested By:Requested By:
Account Number:Account Number:
AdministrationAdministration
Department:Department:
Amount Budgeted:Amount Budgeted:
Report:Resolution:Resolution:Ordinance:Ordinance:
Amount Requested:Amount Requested:
Other:
Budgeted Item:Budgeted Item:YESYESNONO
AttachmentsAttachments : :
1. Strategic Plan Update Strategic Plan Update
SUMMARY & RECOMMENDATIONSSUMMARY & RECOMMENDATIONS
At the April 8, 2013 meeting of City Council, the final version of the Strategic Plan was presented, which At the April 8, 2013 meeting of City Council, the final version of the Strategic
Plan was presented, which
included a more detailed listing of action items associated with each goal and objective, plus the included a more detailed listing of action items associated with each goal and objective,
plus the
addition of four additional goals incorporated by staff. addition of four additional goals incorporated by staff.
In order to provide Council with timely updates, staff will be providing a quarterly update outlining the In order to provide Council with timely updates, staff will be providing a quarterly
update outlining the
progress made towards the stated goals and objectives. The updated status report is attached as an progress made towards the stated goals and objectives. The updated status report
is attached as an
exhibit. Any objective that is shown in grey has been completed in a previous quarter.exhibit. Any objective that is shown in grey has been completed in a previous quarter.
Staff will be available to respond to questions.Staff will be available to respond to questions.Staff will be available to respond to questions.Staff will be available to respond to
questions.
Action Required of Council:Action Required of Council:
Receive report.Receive report.
Approved for City Council AgendaApproved for City Council Agenda
Corby D. Alexander, City ManagerCorby D. Alexander, City ManagerDateDate
Quarterly Update: Q4 FY 2015
City of La Porte Strategic Plan
Council Agenda Item
September 14, 2015
9. ADMINISTRATIVE REPORTS
Planning and Zoning Commission Meeting, Thursday, September 17, 2015
Zoning Board of Adjustment Meeting, Thursday, September 24, 2015
Fiscal Affairs Committee Meeting, Monday, September 28, 2015
City Council Meeting, Monday, September 28, 2015
10. 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 Earp, Clausen,
J. Martin, Kaminski, Zemanek, Leonard, Engelken, K. Martin and Mayor Rigby
11. EXECUTIVE SESSION
The City 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, in accordance with the authority contained in:
Texas Government Code, Section 551.072
For the purpose of deliberating the
purchase, exchange, lease or value of real property: former Parks and Wildlife Building
and surrounding property.
12. RECONVENE
into regular session and consider action, if any, on items(s) discussed in
executive session.
13. ADJOURN